HomeMy WebLinkAboutC19-140 Modern CodecraftAGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN EAGLE COUNTY, COLORADO
AND
MODERN CODECRAFT, LLC
THIS AGREEMENT (“Agreement”) is effective as of _____________________, by and between
Modern Codecraft, LLC a Colorado Limited Liability Company (hereinafter “Consultant” or
“Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, County required design and support services regarding the Coordinated Information Hub
Project (the “Project”) 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 or Work. Consultant agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the services described in the scope of work (“SOW”) set
forth in Exhibit A (“Services or Work”) and referenced in Section 5 or Exhibit B ("RFP") which are
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 in accordance with the schedule established in
Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent
with the applicable standard of care. By signing below Consultant represents that it has the expertise and
personnel necessary to properly and timely perform the Services in accordance with Exhibit A.
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 unless the SOW expressly provides otherwise with reference to the
conflicting provision of this Agreement.
c. County shall provide Consultant with such resources, information, software access,
decision-making and assistance as Consultant may reasonably request in connection with the performance
of the Services. County acknowledges and agrees that Consultant’s ability to successfully perform the
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Services in a timely manner is contingent upon its receipt from County of such information, resources,
software access, decision-making and assistance. Consultant shall have no liability for deficiencies in the
Services resulting from the acts or omissions of County, its agents or employees.
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 for 1 year after the
execution of this contract. Furthermore, this contract may be renewed for subsequent periods of up to 1
year upon written agreement by both parties.
4. Extension or Modification. This Agreement may be extended for up to three additional one-year
terms upon written agreement of the parties. Any amendments or modifications shall be in writing 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, (a) 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 and (b) Consultant shall not be obligated to provide any such additional services even if
requested by County.
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 milestones one
through 4 as set forth in Exhibit A shall not exceed $99,500. 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 performed in accordance with this Agreement
including Exhibit A to the reasonable satisfaction of County 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 reasonably request.
b. County shall reimburse Consultant for those out-of-pocket expenses incurred by
Consultant that are identified on Exhibit A. Any other out-of-pocket expenses to be incurred by
Consultant and reimbursed by County shall be approved by County in writing. 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
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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, there
is a dispute or difference of any kind whatsoever that arises between County and Consultant in connection
with, relating to or arising out of this Agreement, including the interpretation, performance, non-
performance, payment or termination hereof, or if the 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 (a “Dispute”) then, upon written notice by a party to the other
party of any such Dispute, the parties shall use good faith efforts to attempt to settle such Dispute in the
first instance by mutual discussions. If such Dispute cannot be settled within thirty (30) calendar days by
mutual discussions, the Dispute shall be settled by in accordance with Section 13. Upon termination or
expiration of this Agreement, pre-paid but unearned and unexpended funds advanced by County for
Services not provided, 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. The County hereby
approves of the sub-consultants identified in the Scope of Work. 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 an
agreement consistent with 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:
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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.
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. Consultant shall provide thirty (30) days’ notice of cancellation to County in the
event of cancellation of coverage.
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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.
vii. Consultant’s certificate of insurance evidencing all required coverage(s) is
attached hereto as Exhibit C. 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.
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, upon written request 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 with 5 business days after a written
request, County shall be entitled to immediately terminate this Agreement upon written notice.
x. The insurance provisions of this Agreement which expressly state they survive
termination of this Agreement until the applicable statute of limitations for the Project and the
Services has expired shall survive expiration or termination hereof for such period of time.
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 (“Indemnitees”) 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, any claim, action or suit against an Indemnitee brought by a third party to the
extent based upon (a) injury to or death of persons or loss of or damage to tangible property caused by
Consultant or any of its sub-consultants hereunder, (b) an allegation that any Deliverable created by
Consultant infringes upon or misappropriates the intellectual property rights of the third party,
(c) Consultant’s material breach of this Agreement, or (d) any negligence or willful misconduct by
Consultant or any of its sub-consultants hereunder (each, a “Claim”) 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 Claim. In the event of any such Claim for which an Indemnitee
is or may be entitled to indemnification hereunder, County shall notify Consultant promptly in writing of
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such Claim for which it seeks indemnification. Vendor shall reimburse County for reasonable attorney
fees and costs, legal and other expenses incurred by County in connection with defending any such Claim.
The obligations under this Section shall not apply to any claims by third parties against the County (i) to
the extent caused by County or that County is liable to such third party for such claims without regard to
the involvement of the Consultant or (ii) to the extent based on Deliverables created by Consultant in
accordance with County’s specifications or instructions. This paragraph shall survive expiration or
termination hereof.
9. Ownership of Documents and Code.
a. All Documents (defined below) prepared by Consultant for County 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 such Documents 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) for County in connection with the performance of the Services and any additional services
under this Agreement. Consultant will retain ownership of all software code that it develops and builds.
b. All Deliverables, excluding Documents and OSS (defined below) are sole and exclusive
property of Consultant (“Consultant Property”) and are Consultant’s confidential information. Consultant
will be deemed to have irrevocably granted to County a worldwide, perpetual, non-exclusive, non-
transferable, non-sublicensable and royalty-free license and right to use, reproduce, display and modify
such Deliverable for its routine business purposes. Notwithstanding the foregoing, Deliverables may
contain open-source software (OSS) the rights to which are subject to the license under which Consultant
accessed and used such OSS. Consultant will (a) identify in the SOW, upon request, all OSS to be
included in the Deliverables and (b) not include in the Deliverables any OSS subject to a license that
undermines or conflicts with County’s rights to use the Deliverables under this Section 9. All rights not
expressly granted by Consultant in this Agreement are reserved by Consultant. To the extent not
prohibited by applicable law, County shall hold all in strict confidence, not to disclose such Consultant
Property to third parties not authorized by Consultant to receive Consultant Property, and not to use such
Consultant Property for any purpose except as expressly permitted under this Agreement.
c. Within 30 business days after delivering the code of the Coordinated Information Hub to
County, Consultant shall deposit one copy, on County's behalf, of the Coordinated Information Hub in a
repository accessible to County. If Consultant makes any updates, enhancements, or modifications to the
Coordinated Information Hub, Consultant shall periodically deposit one copy, on County's behalf, of that
update, enhancement, or modification, and any documentation related to the update, enhancement, or
modification in such repository.
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
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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: Claire Wilson
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-3526
Facsimile: 970-328-3539
E-Mail: claire.wilson@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
CONSULTANT:
Modern Codecraft
Attn: Josh Morris
11705 Pleasant Hill
Longmont, CO 80504
Telephone: 720-984-4545
E-Mail: josh.morris@moderncodecraft.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. Either party may terminate this Agreement in whole or in part at any time and for
any reason, without cause, and without penalty therefor by providing thirty (30) calendar days’ prior
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written notice to the other party. Upon termination of this Agreement for any reason, Consultant shall
promptly 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 and County shall pay Consultant
for all Services performed in accordance with the SOW to the reasonable satisfaction of County to the
date of termination. If County terminates this Agreement or a SOW without cause pursuant to this Section
and the uncompleted SOW includes milestone pricing, County shall pay Consultant a pro-rated amount of
the fees for the Services performed for the applicable milestone in progress in accordance with the SOW
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. In the event of any Dispute,
the designated representatives of Consultant and County shall promptly confer and exert their good faith
efforts to reach a reasonable and equitable resolution of such Dispute. If such representatives are unable
to resolve such Dispute within 5 business days, the Dispute shall be referred promptly to the responsible
senior management of each party for resolution. Neither party shall seek any other means of resolving any
Dispute until both parties’ responsible senior management have had at least 5 business days to resolve the
Dispute. If the parties are unable to resolve the Dispute in accordance with the foregoing procedure, then
either party may, at any time, may seek its remedies in accordance with this Section 13.
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.
15. Standard of Performance.
(a) Acceptance. Except as may otherwise be provided in a SOW, County shall have the right
to promptly (and in any event within 10 business days of receipt) test and inspect whether each
deliverable specified under a SOW (each, a “Deliverable”) conforms to the requirements of this
Agreement and the applicable SOW (“Specifications”) in all material respects (the “Test Period”). If a
Deliverable does not so conform, County must give Consultant notice describing the non-conformity
(“Rejection Notice”) within the Test Period, or else the Deliverable will be deemed to be accepted by
County. Upon receipt of a Rejection Notice, Consultant will, as Consultant’s sole obligation and County’s
sole and exclusive remedy, use commercially reasonable efforts to cause the Deliverable to conform to
the Specifications in all material respects, or, if such remedy is commercially impracticable as determined
by Consultant in its reasonable discretion, refund County a pro rata portion of fees paid for the non-
conforming Deliverable based on the extent of the defect.
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(b) Warranty. Consultant warrants that the Services will be performed in a workmanlike and
professional manner by individuals who have skill and experience commensurate with the requirements
of the Services, and that the Deliverables will conform to the Specifications in all material respects.
Consultant will, as its sole obligation and County’s sole and exclusive remedy for any breach of the
warranty set forth in this clause 3, and provided that County notifies Consultant in writing of the breach
(specifying the breach in reasonable detail) within 30 calendar days following County’s acceptance of the
Deliverable as described above, use commercially reasonable efforts at its own cost to cause the
Deliverable to conform to the Specifications in all material respects, or, if such remedy is commercially
impracticable as determined by Consultant in its reasonable discretion, refund County a pro rata portion
of fees paid for the non-conforming Deliverable based on the extent of the defect.
(c) Consultant shall be responsible for the completeness and accuracy of the Services,
including all supporting data or other documents supplied by Consultant 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 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.
(d) Exclusions. The parties acknowledge that certain Deliverables, including custom
software and website development, will by their nature and through no fault of the developer, involve
collaboration, reconfiguration, subjective preferences, testing and/or bug-fixing in the course of
completion and improvement. As a result, in the case of time and materials engagements the parties agree
that any corrective work performed by Consultant with respect to Deliverables of such a nature will be
performed by Consultant at the standard time and materials rates listed in the applicable SOW.
(e) Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 3,
CONSULTANT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY. CONSULTANT WILL NOT BE RESPONSIBLE FOR NONCONFORMITIES
ARISING FROM INACCURATE, INAUTHENTIC OR INCOMPLETE DATA OR INFORMATION
PROVIDED BY COUNTY, OR FOR FAILURES OR DELAYS ARISING FROM LACK OF
COOPERATION OF COUNTY. ADDITIONALLY, CONSULTANT DISCLAIMS ANY AND ALL
RESPONSIBILITY FOR THE PROVISION, USE AND FUNCTIONALITY OF THIRD-PARTY
SERVICES, SOFTWARE AND PRODUCTS.
16. Other Contract Requirements.
a. 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.
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b. 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.
c. 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.
d. Consultant shall not assign any portion of this Agreement without the prior written
consent of the County; except that Consultant may assign this Agreement without consent to a parent,
affiliate, or subsidiary, or to a successor, whether by way of merger, sale of all or substantially all of its
assets or otherwise. Any attempt to assign this Agreement in violation of this Agreement shall be void.
e. 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.
f. 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.
g. The invalidity, illegality or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision hereof.
h Consultant shall maintain for a minimum of three years, adequate financial and other
records related to this Agreement 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 related to this Agreement during normal business hours, upon 48 hours’ notice to Consultant.
Consultant shall fully cooperate during such audit or inspections.
i. 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.
j. 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.
k. Neither party shall be liable for any breach of this Agreement or any SOW, other than
any default in payment obligations, for any delay or failure of performance resulting from any cause
beyond such party’s reasonable control, including but not limited to, acts or omissions of County, the
weather, civil disturbances, network delays or failures, acts of civil or military authorities, or acts of God.
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17. 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
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.
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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.
18. Notwithstanding any provision in this Agreement to the contrary, to the fullest extent permitted
by applicable law: (a) in no event shall either party be liable under this Agreement for special,
consequential, incidental, indirect, punitive or exemplary damages, including any lost data, lost profits or
costs of procurement of substitute goods or services or downtime costs, regardless of whether such
damages are foreseeable or a party has been advised of the possibility of such damages and
notwithstanding any failure of the essential purpose of this Agreement; and (b) Consultant’s aggregate
liability on all claims of any kind arising out of this Agreement, whether based on contract, warranty, tort,
strict liability or otherwise, shall in no event exceed the limits of liability of Consultant’s insurance
coverage as required by this Agreement, or, if no coverage is applicable or available, the sum of all fees
paid or payable to Consultant under the applicable SOW as of the date of the cause of action; provided,
however, that the foregoing limitations of liability shall not apply to liability for personal injury, gross
negligence, or willful misconduct.
[REST OF PAGE INTENTIONALLY LEFT BLANK]
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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: BE54DB64-57B3-4AA5-9EEA-E182629BEC04
Josh Morris
CEO, Managing Member
14
Eagle County Prof Services Final 5/14
EXHIBIT A
SCOPE OF WORK
DocuSign Envelope ID: BE54DB64-57B3-4AA5-9EEA-E182629BEC04
Exhibit A (Page 1 of 4)
Eagle County Coordinated Info Hub Project Services or Work
The Coordinated Info Hub is an online application that will facilitate data sharing related to
transit services in Eagle County, Colorado. The overarching services contemplated include:
1. Providing strategic counsel and advice to assist the County in determining options for
the Coodinated Info Hub. In determining options, Modern Codecraft will evaluate
strategy, meet with users, ride transit, bridge gaps between citizens and knowledge.
2. Designing the technology for the Coordinated Info Hub.
3. Deploying the application solution and providing ongoing hosting and support.
Milestone 1, Discovery & Evaluation - $25,000
Milestone 1 is to be completed within 90 days after contract execution. Modern Codecraft will
evaluate all aspects of the Coordinated Info Hub including but not limited to the following
components, tasks, practices and operations. In order to ensure that payments align with cost
and value, Eagle County will release the full milestone payment to Modern Codecraft at
commencement of Milestone 1. As the primary function of Milestone 1, Modern Codecraft will
identify deadlines for Milestones, 2, 3 and 4 and present the deadlines to Eagle County for
approval. If both parties agree on the deadlines, this agreement will advance to the next
milestone.
● Provide a User Experience (UX) Evaluation Schedule, a roadmap of UX evaluation
milestones and activities.
● Provide a System Integration Evaluation Schedule, a roadmap of system integration
evaluation milestones and activities.
● Survey and examine potential users, riders, operators and associated entities of the
Coordinated Info Hub to develop findings related to the UX.
● Provide UX Evaluation Findings, a comprehensive report and presentation of the results
of UX findings.
● Provide a Business Requirements Document, a document describing the functional
requirements of the product.
● Identify the following critical components of the Coordinated Info Hub:
○ Available data sources.
○ General Transit Feed Specification (GTFS) data.
○ Additional data and associated gaps.
○ Consolidation point(s).
● Develop verification protocols, timelines, and steps.
● Identify a priority list of info sources by type.
● Identify structured data and how it will be reconciled.
● Identify the hosting environment as it pertains to the Google Cloud Platform (GCP).
● Identify how the internet of things (IOT) will be developed including a plan for two-way
info-sharing.
DocuSign Envelope ID: BE54DB64-57B3-4AA5-9EEA-E182629BEC04
Exhibit A (Page 2 of 4)
Modern Codecraft will need the County to provide access to the below items and subject matter
experts (SME’s) as part of discovery. Need access to SMEs within Transportation and
Customer Relations at Eagle County, metro hubs, and resorts.
● Quantitative Transportation Data: Reports on routes, times, usage, peak hours etc. for
buses, shuttles, regional buses, etc.
● Quantitative Website data/analytics: Google Analytics or Metrics on current tools,
websites and online resources travelers may currently be using.
● Additional resources that can be leveraged to obtain user feedback including public
surveys on social media, local websites, on-site surveys, bus exit surveys, etc.
Milestone 2, Design - $20,000
Milestone 2 is to be completed according to the deadlines set during Milestone 1. Modern
Codecraft will design all aspects of the Coordinated Info Hub including but not limited to the
following components, tasks, practices and operations. The purpose of this phase is to create
and validate the design of the application. All documentation and artifact outputs will be used for
these purposes. It is not intended to provide a detailed product specification. Eagle County,
once satisfied with the completion of Milestone 2, will release payment to Modern Codecraft in
accordance with the Agreement. This Agreement will not advance to the next milestone until
authorized by Eagle County.
● Create an Architectural Design Plan, a document showing the various systems and
subsystems of the greater Coordinated Info Hub ecosystem and how they will be used
together to satisfy the requirements of this body of work.
○ Map/translate and/or standardize GTFS data info fields.
○ Design all aspects of the platform to be used in the Coordinated Info Hub and
applicable ancillary user interfaces.
○ Design a pathway and/or distribution options.
● Design the “wrappers”, user experiences and associated “option sets” based on
“minimum viable product” methodology.
○ Design any chatbots, voice recognition, mobile sites, notifications, registrations,
etc.
○ Design any web modules and an associated engagement plan that are
appropriate.
○ Design any “optimized embed experience” that are appropriate.
○ Create an Interactive Prototype (as needed):
■ An interactive prototype is a high-fidelity clickable prototype that can be
used for testing and validating key software concepts of the Coordinated
Info Hub and all of its ancillary components. It is typically authored
through an iterative process using low fidelity mockups and designs.
○ Create mockups (as needed): low fidelity and high fidelity.
○ Design a user interface for administrators which includes Eagle County staff.
DocuSign Envelope ID: BE54DB64-57B3-4AA5-9EEA-E182629BEC04
Exhibit A (Page 3 of 4)
● Develop a plan for platform deployment.
● Capture any necessary changes to the requirements and future vision for the product
based upon design considerations and reviews with Eagle County.
● Author and execute any applicable proof of concepts to validate direction.
● Provide a Test Plan, a document describing how the product will be tested and verified.
● Provide a Release Plan, a document describing the various launch activities that
comprise the go-live release of the Coordinated Info Hub and all of its ancillary
components
Milestone 3, Build & Implementation - $47,500
Milestone 3 is to be completed according to the deadlines set during Milestone 1. Modern
Codecraft will build all aspects of the Coordinated Info Hub including but not limited to the
following components, tasks, practices and operations. Eagle County, once satisfied with the
completion of Milestone 3, will release payment to Modern Codecraft in accordance with the
Agreement. This Agreement will not advance to the next milestone until authorized by Eagle
County.
● Generate a training guide for future use by Eagle County. This can be a mix of mediums,
but should be available online.
● Perform any applicable UX testing at appropriate stages.
● Perform applicable unit testing
● Developer testing of coded features
● Create any and all functionality described by the design and requirements that will be
employed by the Coordinated Info Hub and all of its ancillary components
Milestone 4, Testing and Release - $7,000
Milestone 4 is to be completed according to the deadlines set during Milestone 1. Modern
Codecraft will orchestrate the testing and release of all aspects of the Coordinated Info Hub
including but not limited to the following components, tasks, practices and operations. Eagle
County, once satisfied with the completion of Milestone 4, will release payment to Modern
Codecraft in accordance with the Agreement.
● Execute the test plan to validate the quality of the product
● Manage the Development Release Phase, the release of the built product into the quality
assurance (QA) release phase.
● Manage the QA Release Phase, the release of the built product that has been certified
by QA into user acceptance testing (UAT)
● Manage the Final UAT, the final testing by stakeholders
● Manage the Release, the final go-live release of the product
● Create a Paper Outreach Plan coordinated with Eagle County
Hosting and Support - $2,500-4,000 per month
DocuSign Envelope ID: BE54DB64-57B3-4AA5-9EEA-E182629BEC04
Exhibit A (Page 4 of 4)
Hosting and support services will be provided by Modern Codecraft at an amount to be
determined which will be no less than $2,500 per month and no more than $4,000 per month.
Costs can vary significantly based upon the design and requirements. Once the Discovery and
Design phases are complete, this number will be finalized by Modern Codecraft and authorized
in writing by Eagle County. This amount may be adjusted no more than once per year by written
request from Modern Codecraft to Eagle County and authorized in writing by Eagle County.
Hosting and support costs will occur on a scheduled, monthly cadence invoiced to Eagle County
on the 1st day of every month during the term of the Contract as referenced below. Additionally,
Modern Codecraft will provide training and design services on an ad hoc basis at the request of
Eagle County for a cost of one hundred twenty five dollars ($125) per hour as referenced below.
● Modern Codecraft will deploy to and manage the Coordinated Info Hub and all of its
ancillary components hosted in the GCP environment granting permanent rights and
administrative access to Eagle County.
● Using this administrative access, Eagle County will seek information updates from local
governments, transit agencies, employers and merchants on a regular basis and update
the information contained in the Coordinated Info Hub and all of its ancillary
components.
● In order to support these information updates, Modern Codecraft will provide training to
Eagle County as pertains to the Coordinated Info Hub and all of its ancillary components
at the request of Eagle County. Training hours will not exceed ten (10) per month and
one hundred twenty (120) per year. Modern Codecraft will provide additional training at
the request of Eagle County on an ad hoc basis at a cost of one hundred twenty five
dollars ($125) per hour.
● Eagle County will provide Tier One support answering all initial inquiries from users
pertaining to the user experience and the information contained in the Coordinated Info
Hub and all of its ancillary components.
● In order to support Eagle County’s response to these inquiries, Modern Codecraft will
provide Tier Two support to Eagle County Monday through Friday between the hours of
8:00 AM and 5:00 PM with a response time to every request not to exceed two business
days.
● Modern Codecraft will provide design changes and structural changes materially
changing the Coordinated Info Hub and all of its ancillary components at the request of
Eagle County on an ad hoc basis at a cost of one hundred twenty five dollars ($125) per
hour.
DocuSign Envelope ID: BE54DB64-57B3-4AA5-9EEA-E182629BEC04
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Eagle County Prof Services Final 5/14
EXHIBIT B
REQUEST FOR PROPOSALS
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NOTICE
REQUEST FOR PROPOSALS
FOR PROFESSIONAL SERVICES RELATED TO THE EAGLE COUNTY
COORDINATED INFORMATION HUB PROJECT
EAGLE, COLORADO
Eagle, Colorado August 30, 2018
Eagle County Government (Eagle County) is soliciting proposals for professional
services related to the Eagle County Coordinated Information Hub Project (CIHP). This
Request for Proposals (RFP) will be non-exclusive. Eagle County reserves the right to
purchase supplies or services from other professionals.
Proposals shall be received not later than 6:00 PM on October 12, 2018 in sealed
envelopes marked "COORDINATED INFORMATION HUB PROJECT". Proposals
must be delivered by courier to: Chris Lubbers, Eagle County Transit Director, 3289
Cooley Mesa Rd, Building A, Room 135, Gypsum, CO 81637 and emailed to:
christopher.lubbers@eaglecounty.us. Questions concerning study parameters shall be
directed to: Chris Lubbers, Eagle County Transit Director,
christopher.lubbers@eaglecounty.us. All questions must be delivered in email form. Any
question, interpretation or clarification regarding this RFP is required seven (7) calendar
days prior to the due date. Responses, if any, will be returned to the requesting agency
and any addenda posted to the Eagle County website www.eaglecounty.us/rfp.
Any proposals received after this time will not be considered and will be returned to the
respondent unopened unless good cause is shown as determined by Eagle County in its
sole discretion.
The proposal document may be found at www.eaglecounty.us/rfp.
Contact information:
Chris Lubbers, Eagle County Transit Director, 3289 Cooley Mesa Rd, Building A, Room
135, Gypsum, CO 81637, christopher.lubbers@eaglecounty.us.
This RFP will not be published in any newspapers or trade journals.
1. INSTRUCTIONS TO PROPOSERS
a. Proposals shall be received not later than 6:00 PM on October 12th 2018 in
sealed envelopes marked "COORDINATED INFORMATION HUB
PROJECT". Proposals must be delivered by courier to: Chris Lubbers,
Eagle County Transit Director, 3289 Cooley Mesa Rd, Building A, Room
135, Gypsum, CO 81637 and emailed to:
christopher.lubbers@eaglecounty.us. Questions concerning study
parameters shall be directed to: Chris Lubbers, Eagle County Transit
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Director, christopher.lubbers@eaglecounty.us. All questions must be in
email form. Any question, interpretation or clarification regarding this
RFP is required seven (7) calendar days prior to the due date. Responses,
if any, will be returned to the requesting agency and any addenda posted to
the Eagle County website http://www.eaglecounty.us/rfp.
b. Any proposals received after this time will not be considered and will be
returned to the respondent unopened unless good cause is shown as
determined by Eagle County in its sole discretion.
c. Eagle County reserves the right, in its sole discretion, to reject any and all
proposals submitted in response to this RFP, to waive or not waive
informalities or irregularities in proposals received or RFP procedures.
Eagle County also reserves the right to re-advertise, or to otherwise
provide the services as determined by Eagle County to be in its best
interest, to accept any portion of the proposal deemed to be in the best
interests of Eagle County to do so, or further negotiate cost, terms or
conditions of any proposal determined by Eagle County to be in its best
interest.
d. Eagle County may, at its sole discretion, modify or amend any and all
provisions herein. If it becomes necessary to revise any part of the RFP,
addenda will be provided through posting at www.eaglecounty.us/rfp.
Eagle County reserves the right to extend the RFP submittal date or to
postpone the award of an agreement.
e. All proposals will be reviewed by a selection committee and any other
review as determined to be necessary. Respondents may be asked to
supplement their initial proposals with additional written material. Eagle
County may short-list respondents based upon an evaluation of the written
submittals. Eagle County may arrange for in-person interviews with the
short-listed respondents for a detailed presentation. It is anticipated that
interview questions will include but not be limited to the following:
o Please describe your firm, its size, its history and culture
o Who will be the project manager for this project?
o What is one of the most unique and innovative solutions that your
firm has created for a transit agency or other business?
o What is one of the most difficult challenges that your firm has
faced in designing and implementing products similar to the
CIHP?
o What ideas do you have that Eagle County has not thought of?
o What ideas and recommendations do you have for continued
maintenance and updating of the CIHP?
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f. The selected proposal will be the one considered the most advantageous
regarding price, quality of service, qualifications and capabilities of
respondent to provide the specified service, respondent’s familiarity with
Eagle County, respondent’s experience relative to this study and any other
factors the County may consider as determined by Eagle County in its sole
discretion. Eagle County may award a contract even if not the lowest
priced proposal based upon a review of the identified factors. Let it be
known that public relations and public meeting facilitation skills are
critical components of this study.
g. The respondent is encouraged to clearly identify any proprietary or
confidential data or information submitted with the proposal. Regardless
of whether or not so marked, Eagle County will endeavor to keep that
information confidential, separate and apart from the proposal.
Notwithstanding the foregoing, the respondent acknowledges that Eagle
County may be required to release the information in accordance with the
Colorado Open Records Act or order of the court.
h. Eagle County will not pay for any information requested herein, nor is it
liable for any costs incurred by the respondent in connection with its
response to this RFP.
i. No work shall commence nor shall any invoices be paid until the
successful respondent has entered into a fully executed agreement with
Eagle County and provides the requested proof of insurance.
j. As of August 7, 2006, state and local government agencies are prohibited
from purchasing services from any contractor that knowingly employs
illegal immigrants to help carry out publicly funded work. Pursuant to the
provisions of Colorado Revised Statutes, 8-17.5-101, contractors must
certify that they are using the E-Verify Program or Department Program to
verify the employment eligibility of new employees. If a contractor
awarded contract violates the provisions of Colorado Revised Statutes 8-
17.5-101(2), the state or local government agency may terminate the
contract and the contractor will be liable for damages to such agency.
k. No telephone or oral proposals will be accepted.
l. Responsibility for timely submittal of proposals lies solely with the
respondent. Proposals received after the closing time specified will not be
considered unless good cause is shown as determined by Eagle County in
its sole discretion.
m. Respondent(s) who submit a proposal are responsible for becoming fully
informed regarding all circumstances, information, laws and any other
matters that might, in any way, affect the respondent’s role and
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responsibilities. Any failure to become fully knowledgeable shall be at the
respondent’s sole risk. Eagle County assumes no responsibility for any
interpretations made by respondents on the basis of information provided
in this RFP or through any other source.
n. Eagle County reserves the right to award an agreement to the respondent
that demonstrates the best ability to fulfill the requirements of the project
based upon our evaluation of the selection criteria which will include
public relations and public meeting facilitation skills.
o. This RFP is not intended to completely define the contractual relationship
to be entered into with the successful respondent(s).
p. Upon identification by Eagle County of the successful respondent, Eagle
County will give the successful respondent the first right to negotiate an
agreement acceptable to Eagle County. In the event that an agreement
satisfactory to Eagle County cannot be reached, Eagle County may enter
into negotiations with one or more of the remaining respondents. Eagle
County may choose to discard all proposals and at its sole discretion, re-
issue another RFP.
q. The successful respondent will perform all of the work or services
indicated in the proposal in compliance with the negotiated agreement.
r. The successful respondent(s) shall comply with the following insurance
language which shall be included in the agreement to be awarded unless
otherwise agreed to in writing by Eagle County:
“Respondent agrees to provide and maintain, at Respondent’s sole cost and expense, the
following insurance coverage with limits of liability not less than those stated below:
Types of Insurance.
Workers’ Compensation insurance as required by law.
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.
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.
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, Respondent 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.”
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Respondent’s certificates of insurance shall include all sub-respondents as additional
insureds under its policies or Respondent shall furnish to County separate certificates
and endorsements for each sub-respondent. All coverage(s) for sub-respondents shall be
subject to the same minimum requirements identified above. Respondent and sub-
respondents, 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 Respondent and its sub-
respondents until the applicable statute of limitations for the Project and the Services has
expired.
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.
Respondent’s insurance coverage shall be primary and non-contributory with respect to
all other available sources. Respondent’s policy shall contain a waiver of subrogation
against Eagle County.
All policies must contain an endorsement affording an unqualified thirty (30) days notice
of cancellation to County in the event of cancellation of coverage.
Upon request, Respondent 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 Respondent’s broker, without further
notice or authorization by Respondent, to immediately comply with any written request of
County for a complete copy of the policy.
Respondent shall advise County in the event the general aggregate or other aggregate
limits are reduced below the required per occurrence limit. Respondent, at its own
expense, will reinstate the aggregate limits to comply with the minimum limits and shall
furnish to County a new certificate of insurance showing such coverage.
If Respondent 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.
The insurance provisions of this Agreement shall survive expiration or termination
hereof.
The parties hereto understand and agree that 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.
Respondent is not entitled to workers’ compensation benefits except as provided by
Respondent, nor to unemployment insurance benefits unless unemployment compensation
coverage is provided by Respondent or some other entity. The Respondent is obligated to
pay all federal and state income tax on any moneys paid pursuant to this Agreement.”
s. Further, the respondent shall comply with the following indemnification
language which shall be included in the agreement to be awarded:
“Indemnification. The Respondent 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, this Agreement, or are based upon any
performance or nonperformance by Respondent or any of its sub-respondents hereunder;
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and Respondent 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 that County is liable to such third
party for such claims without regard to the involvement of the Respondent. This
paragraph shall survive expiration or termination hereof.”
2. PROPOSAL FORM
THIS PROPOSAL FORM MUST BE SUBMITTED WITH YOUR PROPOSAL
TO: Eagle County Attention: Chris Lubbers
3289 Cooley Mesa Rd, Building A, Room 135
Gypsum, CO 81637
Re: Eagle County Coordinated Information Hub Project
The undersigned, having examined the Instructions to Proposers and any and all
documents related to the above referenced RFP:
(a) Agrees to comply with all conditions, requirements, and instructions of the
RFP as stated or implied therein;
(b) Acknowledges the right of Eagle County in its sole discretion to reject any or
all proposals submitted, and that an award may be made to a proposer even
though not the lowest cost;
(c) Acknowledges and agrees that the discretion of Eagle County in selection of
the successful proposers shall be final, not subject to review or attack; and
(d) Acknowledges that this proposal is made with full knowledge of the foregoing
and full agreement thereto.
By submission of this proposal, and signature below, the respondent acknowledges that
he/she/they have the authority to sign this Proposal Form and bind the company named
below. The proposer further acknowledges that Eagle County has the right to make any
inquiry or investigation it deems appropriate to substantiate or supplement information
contained in the proposal and related documents, and authorizes release to Eagle County
of any and all information sought in such inquiry or investigation.
Company Name: _______________________________________
Title of Proposer: _______________________________________
Signature of Proposer:_______________________________________
3. PROJECT DESCRIPTION
a. Introduction
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Eagle County is soliciting qualifications from firms to create an intuitive,
seamless and enjoyable experience for residents and guests seeking transit
information in the Eagle Valley transit service area. The purpose of the CIHP is to
provide residents with a better way to plan their trips to work, shopping and
recreation. The Eagle County Transit Director will oversee the development of the
study. Transit organizations in Eagle County are committed to evolving to meet
the changing needs of citizens and partners. A recent transit study acknowledged
known issues and produced several actionable recommendations.
The first of these recommendations was to create a single location (website, app,
or both) where visitors and local travelers can go to learn how to most efficiently
get to where they need to go. There is no such utility in the county at this time and
riders are forced to navigate information from several places to understand their
transit options.
A Transit Coordination Team (TCT) has been established to steer the creation of
this new media platform. The team includes representatives from the county’s
four transit groups, municipal governments and other stakeholders. The TCT has
articulated an ambitious vision for the Coordinated Information Hub. The vision
developed by the TCT states that “The Coordinated info hub will delight users,
providing the information and confidence to make a “never rider” into a local.
The hub will be better than other utilities and make 90% of users say “wow.”
b. Study Area
The project will encompass the area within the ECO Transit, Vail Transit, Avon
Transit, and Beaver Creek Village Transportation service area boundaries known
as the Eagle Valley transit service area.
c. Time Parameters
From beginning to completion, the project will span a time no shorter than two (2)
months and no longer than six (6) months.
d. Background
Regional bus service came to the Eagle Valley in 1980, funded by the local
resorts. The initial bus service was designed primarily to transport skiers between
Beaver Creek and Vail Mountain but also to carry employees between Edwards
and Vail. It also brought workers residing in Leadville to the Eagle Valley. In the
mid-eighties, the ski company operated the regional bus service by way of
contract with various transportation providers. In the winter of 1987-88, the Town
of Avon took over the operation of the regional bus service and continued
operation through intergovernmental agreements until April 2001, when ECO
Transit, a department of Eagle County officially assumed day-to-day operations.
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In the early years (1987-88) the regional bus service was funded by farebox
revenues and through subsidies from the towns of Vail and Avon, Beaver Creek
Resort and Eagle County. During this time, regional bus service was limited to
early morning and late afternoon employee routes including a Leadville run and a
skier shuttle that operated ten hours per day. This was a bare bones approach to
keep operating costs low.
In 1994 the funding partners decided to seek a dedicated funding source for
regional transportation. As the valley's population had grown, the demands for
transportation had also increased which translated into a larger financial
commitment from the funding partners. A ballot initiative for a dedicated funding
source was approved by the voters in November, 1995. The Eagle County
Regional Transportation Authority (later branded as ECO Transit) was made
official on January 1, 1996.
A nine member advisory board of elected officials from the incorporated towns
was established to develop operating policy. A half-cent county sales tax is
dedicated to funding regional transportation with one-tenth of this tax going
toward funding the regional trails system.
Currently the regional transit system (ECO Transit) carries over 980,000
passengers per year in a spine/circulator configuration traveling the span of Eagle
County communities along the 40-mile I-70 corridor. This thirty six-bus system
operates with fifty drivers and an overall staff of sixty. ECO Transit operates from
a main facility in Gypsum and two satellite facilities, one in Avon, the other in
Leadville.
ECO Transit operates among several other transit systems within Eagle County,
each funded by their own city, town or resort. These local transit agencies
include: Town of Vail Transit (3.5M riders, 35 buses), Avon Transit (400K riders,
9 buses) and Beaver Creek Village Transportation (2M riders, 80 buses).
ECO Transit was responsible for building or organizing the construction of
approximately 40 miles of paved cycling/walking trails in the Eagle Valley. It is
Eagle County’s intention that an additional 23 miles of trails will be built to create
a continuous path through the Eagle Valley. Although these trails were not
envisioned as multimodal pathways to transit, they do offer a mode other than
automobiles.
Much like the trail system which is organized and managed by Eagle County, the
CIHP will be led by the staff at ECO Transit.
4. OBJECTIVES OF THE CIHP
The design for the Hub will evolve over time, but the vision articulated above is clear:
We wish to build upon known better practices and standard functionality to build a best-
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ever interface that is powered by robust, dependable back-end technologies. The TCT has
refined the vision with these design objectives:
a. Rider information is front-and-center (relatively few simple choices to
avoid "the Christmas tree effect")
b. Have people and places in images, not just buses
c. Tell stories with flavor-balance detail and experiences
d. Move toward an "experience planner"
e. Balance three things:
i. Financial viability
ii. Technological possibility
iii. Easy, pleasing navigation
f. All code will be open source and to accepted standards to avoid
"orphaning" and promote connectivity/innovation
g. Create a high level of support by engaging the major community planning
teams and committees during the CIHP.
h. The Respondent shall work with Eagle County, their Transit Department
(ECO Transit), their Process Improvement Department and any and all
other agencies necessary to gather a complete body of evidence to develop
the CIHP. The respondent will study transit schedules, fixed route stops
and other components of mass transit within the Eagle Valley transit
service area in an effort to understand the current customer experience and
develop a better customer experience.
i. For each task, the respondent will provide detail as to the nature and
technical approach towards developing and refining the CIHP including a
cost analysis for all proposed tasks.
j. Budget control is critical to the success of the CIHP. The TCT, Transit
Director, and respondent will actively participate in refining the scope of
the CIHP and accordingly, the project's budget.
k. At the time of contract execution, the respondent will be required to
provide a schedule of study milestones and completion dates. It is
anticipated that Eagle County will issue a Notice to Proceed (NTP) upon
completion of contract negotiations with the selected respondent.
l. The respondent will list their qualifying experience highlighting similar
experience, expertise, and level of involvement on related projects. The
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respondent will also describe how they have addressed similar challenges
on similar projects and their outcomes. Additionally, the respondent will
describe their Quality Control/Assurance (QC/QA) program.
m. The respondent will provide any unique qualifications that set its team
apart from other proposers, specifically as it pertains to transit and trip
planning.
n. The respondent will provide three references that include, at a minimum,
project, client, contact, phone number, services performed and when, and
approximate project cost.
5. SCOPE OF SERVICES
a. Summary
Responding appropriately requires in-depth planning and a unique approach to
transit trip planning and the sharing of information across multiple platforms
seamlessly. An essential part of Eagle County’s response to population growth
and service changes is ensuring that adequate information is available to residents
and guests to support the ongoing provision of high quality transit service to the
Eagle Valley service area.
Difficulty in getting people from a transport hub, such as a bus depot, to their
final destination will also be solved by the CIHP. When users have difficulty
getting from their starting location to a transport network, this can be described as
the "first mile” problem. In the Eagle Valley, where land-use patterns have moved
more jobs and people to lower-density rural neighborhoods that are often not
within walking distance to existing public transportation, first and last mile
problems are more apparent. This promotes a reliance on cars, which results in
more traffic congestion, pollution, and urban sprawl. Traditional solutions to this
problem in public transit have included the use of feeder buses, bicycling
infrastructure, pedestrian amenities and urban planning reform. Other methods
include bicycle sharing systems, car sharing programs, ride sharing services,
wayfinding, and other strategies with varying degrees of adoption. Bicycle
sharing programs, however, have been widely successful in Europe and Asia, and
are now being implemented on a larger scale in North America. The CIHP will
accommodate all of these modes of transportation.
Trip planning issues and the difficulty in finding information are especially
apparent in the several low-income, disadvantaged communities in Eagle County.
This can be seen in both affordable housing complexes for seasonal employees
and trailer park communities in the Valley. In order to provide equitable transit
solutions for the entire community, it will be of utmost importance for the CIHP
to focus on connectivity in these low-income communities and satisfy the ADA as
well as Title VI requirements.
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b. Project Tasks
Task 1: Project Management & Study Initiation
The objective for the project management and study initiation task is to establish
all of the management tasks, including a Project Management Plan prior to
initiating the study. Meeting these objectives will ensure clear communication and
subsequent task management from the beginning and throughout the duration of
the project. The respondent team will coordinate with Eagle County but
management and completion of this task is the sole responsibility of the
respondent team.
Task 2: Data Collection/Problem Evaluation
The objective of the data collection/problem evaluation task is to gather and
prepare all of the resources required for summary and analysis of the existing
condition, characteristics and usability of the current set of information portals
provided separately by each of the four transit agencies. It is not Eagle County’s
intent to create new survey instruments. Therefore, the development,
administration, analysis of system users, user profiles,
demographics/psychographics, travel patterns and opinion of service can be found
in recent transit surveys. The respondent will refer to these studies as they
measure the four transit agency’s connectivity to the customers. In so doing, the
respondent will identify gaps which preclude the public’s access to these essential
services. The respondent will include a cursory overview of the current
information landscape providing insight into where the information portals fail to
provide such access.
Task 3: Recommendations and Proposed Designs
This task will be shared by Eagle County and the respondent team. Information
and data gathered from Task 2 and from the TCT will be used to design specific
website and app schemes. In order to complete the CIHP, protocols for
information sharing with each of the four transit agencies must be established.
Each transit agency must agree to update their information according to a specific
timeline and frequency. A discussion of cost-effective, innovative methods and
techniques, and recommendations for changes to passenger/public information
and trip planning will be provided. To accomplish this, the respondent will
recommend new e-marketing strategies to promote ridership which includes new
and innovative web designs. Additionally, the recommendations should include a
logical and phased approach to implementing the new products within the CIHP.
Respondent, at its own option may propose a potential “phase II” or “future
years” project that will incorporate new and innovative ideas that have not been
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considered in the CIHP and would enhance the user experience beyond the scope
of this RFP.
The respondent, at its own option may propose an advertising plan to generate
ongoing revenue. It will be necessary however, to propose a plan that ensures that
the user will not be inconvenienced by advertising and that the agency’s
advertising policies will not be violated.
Minimum Functionality
Based upon research, the TCT has defined the following functionality as “minimum to
launch.” As we are not experts in this field, we have included descriptions and examples
in case the terminology is in question.
Function Description Examples
Two-way
accessibility
Can get to the transit info app or website from a
map and can use maps in the transit application
Transit App,
Google Maps
Trip costing When showing trip/route options, cost for each
segment is shown (fares, etc.)
Transit App,
Google Maps
Rendering/exporting Allows export for printing/image saving
Destinations beyond
fixed addresses
Allows “from” and “to” locations to be addresses,
landmarks, and businesses
Google Maps
Confirmed
addresses
Addresses are Post-Office confirmed locations; if
there are similar addresses, offer the user the
ability to select from a list
Google Maps
Icons, Symbols, and
Logos
System uses icons, symbols, and logos that are
intuitive but also indicative of agencies so
travelers know what to expect (ex: there may be
different bus icons for each of the different transit
agencies)
ADA information ADA information and alternatives for travelers
with disabilities (ex: cab, private options)
Include ADA
and NEMT
links
Mode preferences Users can declare these preferences:
• Mode (bike, bus, walk, ski)
• User
Google Maps
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Easy to locate The portal/hub must be easy to locate (leverage
search engine optimization) and download
Point on map
navigation
Allows the user to physically point to a location
on a map and the system offers the user the
option of making this the “to” or “from” location
Google Maps,
Uber, Lyft
Real-time updates Provides real-time information/status updates
(e.g. bus is X minutes ahead or behind) whenever
possible based on agency’s current technology
Transit App
Integration with
agency’s fare
system
Provides a seamless experience when purchasing
fare products
Masabi/Uber
Mobile-accessible Works well on a smart phone (clear presentation,
no latency, allows “start at my location”)
Multi-lingual Offers users the option to see the information in
their preferred language via a translator (click on
your flag, etc.)
Conspicuous Alerts Provides incident information in a conspicuous
manner (ex: Vail pass is closed, accident on I-70
WB, etc.)
Neighborhood
Pages
Link to neighborhood pages (including other
regional locations like Glenwood, DIA, etc) and
other apps to provide flavor
User-saved
preferences
Enables the user to define and save their
preferences
• Show me…I am interested in…
• My frequent trips memory
Desired Functionality
The following table contains “more-is-more” attributes. The offered solution must be
built with the ability to incorporate these functions in future generations. The degree to
which the solution contains these (or similar) functions will be used to evaluate
responses.
Function Description Example
Inter-operability Interfaces with other apps
Calendar
connections
Make connections to shared calendars for events
etc. (see above)
Geo fencing with
offers
Location-based noticing:
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• Highlights relevant businesses/ advertisers
• Alerts users to festivals, etc.
Customized user
features
Innovative ideas needed from respondent
Connection to
private modes
Connects to private providers (hotel shuttles, CME,
etc.) to give the user a full understanding of their
options beyond just agencies based in the county
Connection to
hiking and
mountain biking
locations
Hiking and mountain biking information layer
(separate layer with user tagged)
Captures and
makes use of
existing data
Capture and connect to data to drive sales, pre-
emptive answers to typical questions, etc. (ex:
Destimetrics, welcome center data)
On-mountain
starting locations
Directions from the ski mountain
• Ski down Born Free to x (y minutes)
• Board zyx bus for (z minutes, $)
Gamification to
drive rider loyalty
and rider impact
Gamification with points for interaction (ride x
miles; provide x trailhead locations; etc.)
Task 4: Implementation
Coordinating and scheduling the implementation task will be the responsibility of
the respondent team. The strategies recommended by the respondent will need to
be formulated into an implementation plan that will ultimately lead to a successful
opening of the CIHP.
Task 5: Hosting, Support, Information Updates and Ongoing Maintenance
After Eagle County accepts a full and successful implementation, the respondent,
through a long term agreement with Eagle County, will continue to provide
services. These services will include the following:
a. Hosting, Support and Maintenance – The respondent will host the back
end data and all web services associated with the CIHP suite of
products. This will be accomplished through an annual agreement with
Eagle County. As well, the respondent will provide ongoing support
and maintenance of the CIHP products. The cost of hosting services
will be proposed as part of this RFP.
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b. Information Updates – The respondent will provide ongoing, semi-
annual information updates to all of the CIHP products and associated
databases if any. It will be necessary for the respondent to contact each
of the four agencies to gather this information in a timely and efficient
manner. The cost of information updating services will be proposed as
part of this RFP.
6. PROPOSAL SUBMITTAL REQUIREMENTS
a. Proposal Form. Must be signed and submitted with response.
b. Schedule. RFPs will be evaluated between the dates of October 13 and 19,
2018 with the intent to select, negotiate and contract with the chosen firm
by December 31, 2018. Work is to begin in January 2019 and continue for
a period no shorter than two months and not to exceed six months.
c. Budget/Pricing. Respondents will provide hourly rates, cost estimates and
not to exceed amounts, as applicable to the CIHP, its objectives and scope
of services. Eagle County intends to seek best and final offers during this
process.
d. Deliverables. Ten (10) copies of the RFP shall be submitted in an 8 1/2” x
11” or 11” x 17” format for review by a selection committee in
combination with an electronic copy emailed to Eagle County as directed
above.
e. Submittals. Submittals shall be limited to twenty (20) pages in length
exclusive of fly leafs, table of contents, dividers, etc., printed on one side
and single-spaced. All proposals become the property of Eagle County.
f. Proposals. Eagle County reserves the right to reject all proposals and to
waive any irregularities.
g. Responsibility of Respondents. It is the responsibility of all respondents
to examine the entire RFP package and seek clarification of any item or
requirement that may not be clear and to check all responses for accuracy
before submitting a proposal.
h. Project Manager. The Eagle County Transit Director as listed above will
serve as project manager.
i. Liability of Eagle County. Eagle County shall not be liable for any costs
incurred by the respondents in response to the RFP, or any cost incurred in
connection with any discussions, correspondence or attendance at
interviews or negotiation sessions.
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j. Submittal Items. The following items shall be submitted with the
proposal. Failure to include any of these items may result in the rejection
of a proposal.
• A cover letter from a principal in the firm submitting the proposal
on behalf of their company
• A brief discussion of the project approach that defines the issues
and parameters that Eagle County should expect during the
development of the CIHP.
• Provide a detailed description of how the CIHP may be
implemented.
• Provide a detailed description of how the data collection/problem
evaluation will be prepared.
• Provide a detailed description of how staff and committee
involvement might be accomplished for this project.
• Discuss any unique or innovative techniques that may be applied.
• Provide a detailed list of all project deliverables, including but not
limited to, a final report which shall include all primary and
secondary data collected as part of the project.
• A detailed cost estimate broken into logical components for the
CIHP.
k. U.S. DOT Standard Title VI Assurance.
The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 U.S.C. 2000d to 2000-4 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all proposers that it
will affirmatively insure that in any contract entered into pursuant to this
advertisement, minority business enterprises will be afforded full opportunity to
submit proposals in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an
award.
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Eagle County Prof Services Final 5/14
EXHIBIT C
INSURANCE CERTIFICATE
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