HomeMy WebLinkAboutURBAN TRANSCONSULTANTS - CONTRACT - RFP - P963PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of February, 2005, by
and between THE NORTH FRONT RANGE TRANSPORTATION AND AIR
QUALITY PLANNING COUNCIL (the "MPO") and UrbanTrans Consultants, Inc.,
("Professional").
In consideration of the mutual covenants and obligations herein expressed, it is
agreed by and between the parties hereto as follows:
1. Scone of Services. Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit A and incorporated herein by this
reference (the "Scope of Services").
2. Time. The services to be performed pursuant to this Agreement shall be
initiated as specified on the Scope of Services. Time is of the essence. Any extensions
of any time limit must be agreed upon in writing by the parties hereto.
3. Contract Period. This Agreement shall commence on February 1, 2005,
and shall continue in full force and effect until September 30, 2005, unless terminated
sooner as herein provided.
4. Default. Each and every term and condition hereof shall be deemed to be
a material element of this Agreement. In the event either party should fail or refuse to
perform according to the terms of this agreement, such party may be declared in default,
and this Agreement may be terminated.
5. Early Termination by MPO. Notwithstanding the time periods contained
herein, the MPO may terminate this Agreement at any time for the MPO's convenience or
because of the failure of Professional to fulfill the contract obligations. The MPO shall
terminate by providing at least fifteen (15) days prior written notice of termination by
delivering to Professional a notice of termination specifying the nature, extent, and
effective date of the termination. Upon receipt of the notice, Professional shall
immediately discontinue all services affected (unless the notice directs otherwise) and
deliver to the MPO all data, drawings, specifications, reports, estimates, summaries, and
other information and materials accumulated in performing this contract, whether
completed or in process. If the termination is for convenience, the MPO shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on
unperformed services. If the termination is for failure of Professional to fulfill the
contract obligations, the MPO may complete the work and Professional shall be liable for
any additional cost incurred by the MPO. If, after termination for failure to fulfill
contract obligations, it is determined that Professional was not in default, the rights and
obligations of the parties shall be the same as if the termination had been issued for the
convenience of the MPO.
Task Two: Vision Plan
1) NFR will identify key stakeholders for inclusion on
Special Study
policy study group (including key NFRMPO Council
Anderson
Week 5, 12,
Group
Members)
2) UrbanTrans / NFR will conduct three (3) sessions
Un emah
8
and 16
meetings
$3,450
with group (as identiSed in Deliverables
3) Conduct strategic planning exercise with Study Group
4) Develop discrete vanpool policy strategies for use
PolicyContext
with strategic context
5) Use exercise to identify preferred policy option(s)
Anderson
Ungemah
Week 5-6
$1,1401
6) Document strategies and potential performance
relevant to re Tonal TDM Policy
Goals and
7) Develop mission statement and goals/objectives for
Anderson nd
Anemah
Objectives
vanpool program (with Study Group)
Week 5-6
$1,2752
8 Document goals/objectives
9) Develop an ideal long-term program for vanpool
Ideal Program
g
services
] 0) Document program, including performance,
Luten
Week 6-7
$850
revenue, and ex enses over a 20 year horizon
Total Cost: $6,715
Deliverables: Vision Plan Document (5 — 10 pages)
• Policy Context
• Vanpool Options and Policy Analysis
• Goals and Objectives
• Ideal Program
Study Group Session (week 5)
Timeline: Weeks 5-7
1 Does not include the actual cost of the Study Group. This is included in the "Special Study
Group" line -item.
2 Same as above.
Task Three: Preferred Plan
Name
Activities /Alethodoloov
1) Develop a descriptive narrative of the 5-year
start,
Thneline
Budget
preferred plan, including related linkages to the ideal
program and goals and objectives
Preferred Plan
2) Identify potentially affected interests
Ungemah
Description
3) Document preferred plan by product, service or
Driver
Week 8-10
$1,400
operation (eg, type of product, operations,
marketing, etc.). Narrative includes description,
annual activities, staffing assignments, schedule by
quarter, and bud et
StaffingPlan
4) Summarize staffing plan by quarter
Ungemah
Week 10
$425
5 Document position descriptions and organization
6) Create a vehicle replacement schedule
7) Identify vehicle types to replace Chevrolet Astro
Fleet Plan
8) Document strategic business models for vehicle
Luten
Week 8-10
$ t,700
acquisition and maintenance over time. This section
includes descriptions of partnerships relevant to
vehicle acquisition and appropriate roles.
9) Develop performance targets
10) Develop and document methods for streamlined,
ongoing data collection and tracking procedures
11) Document procedures for fare collection and
Operating
processing
Luten
Procedures
12) Document a model for online data, ridership, and
Driver
Week 9-11
$2,575
fare collection
13) Develop templates for reporting of data
14) Develop a Disaster Recovery Plan, indicating how
an accident involving a vaqpool should be handled
Strategic
15) Identify strategic partners for the enhancement of
Partners
operations, sales, and marketing
Luten
Week 12
$425
16 Document partnershi s and preferred roles
17) Document business model for financing
18) Identify funding levels and user fees to sustain
preferred plan
Financial Plan
19) Document the fare and pricing strategy for VanGo
/ Pricingand
services differentiated byproduct and mindful of
Luten
Week 12-14
$1,825
Fare Structure
competition from RideArrangers
Driver
20) Identify a policy framework for fare changes over
time
21) Document pricing levels and funding support
22 Document funding sources
23) Review survey findings from recent NFR rider
survey
24) Review NFR CTPP 2000 data for demographic
profiles
25) Identify business sector and labor market trends
Market
specific to the NFR and Denver employer markets
Schur
Research
26) Develop maps and other data -related analysis tools
Driver
Week 8-12
$8,700
27) Conduct two focus groups (participants recruited by
Konda
NFR from program participants) to be held at
NFR/Ft. Collins to discuss product, marketing and
messaging effectiveness
28) Correlate findings from focus groups with the NFR
rider survey
29) Identify features of current products / services
30) Compare to regional and national trends, and, build
Products and
from the base of market research
Ungemah
Services
31) Develop product alternatives and descriptions for
Schor
Week 8-10
$1,650
focus group testing
32 Test product refinements in focus groups
33) Develop a Target Market Primer that identifies the
specific market niche and elements related to
pricing and design of productsand services
34) Obtain sample marketing materials from peer
communities
35) Identify Marketing Message Strategies that provide
the top motivating factors to incite behavioral
change
36) Identify the most effective outreach strategies to
reach employers through the Outreach
Schor
Marketing
Implementation Plan
Luten
Week 12-15
$9,100
Strategy
37) Identify strategic partnerships for residential
Driver
vanpool promotion
38) Develop a Contact Management Plan to identify
priority employers, commuter groups, and partners,
and, timelines, responsibilities, and sales strategies
for each
39) Develop a Marketing Measurement Toolbox which
identifies technologies and methodologies for
ongoing marketing effectiveness evaluation
40) Develop a marketing budget and overall timeline by
quarter
41) Develop month -by -month projections of cost,
revenue, and performance (for 36 months) and
Performance
annual forecasts (years 4 and 5) with two model
Forecast
scenarios: 1) plan implementation success scenario
Ungemah
Week 15-16
$1,275
(aka, best guess), and, 2) worst -case scenario (aka,
base case)
42 Conduct Performa analysis
Develop
43) Develop a schedule of activities with key milestones
Luten
Week 16-17
$1,700
Action Plan
for performance
Un emah
Total Cost: $30,775
Deliverables: Preferred Plan Document (30 — 50 pages)
• Operating Plan
o Staffing
o Fleet maintenance and replacement
o Data and fare collection methodologies
o Disaster recovery
• Financial Plan
o Revenue / funding levels and sources
o Expenditure plan
o Performance forecast
• Marketing Plan
o Market Research and Demographics
o Marketing Strategy
o Pricing and Fare Structure
• Action Plan
o Schedule of Activities and Milestones
Study Group Session (week 12 to review market research and
week 16 to review overall plan)
Timeline: Weeks 8-16
North Front Range MPO VanGo
_.UthanTrativer
Consultants
David
Stuart
Kwht
Jasdn
DebWe
Vaemo
TOTAL
TOTAL
TOTAL COST'.
Task
Description
Ungemah
105
Andersen
1145
LWen
$85
$char
110:
Driver
165.
Honda
150
HOURS
COST
BY TASK
i
1
1
1
2
2
2
2
3
3
3
3
3
3
3
3
_. 3
3
3
Background Section
Current Operations and Performance
Analysis of Curren Conditions
SWOT Analysis Documentation _
Special Study Group meetings
Policy Context
Goals and Objectives - -
Ideal Program _...
Preferred Plan Description _
Stefing Plan
Fleet Plan _
Operating Procedures _..
Strategic Partners
Financial Plan _ _.
Market Research _.
Products and Services.
Marketing Strategy
Performance Forecast
OMIOP Action Plan
f0
5
t0
75
10
15
5
5
10
75
10
15.
2
75
to
20
15
5
10
20
10
50
10
so
20
15
10
75
20
15
30
40
55
70
15
10
12150
122510
51,075
M
M325
gg
12
15
10
134f0
$1 140
$1,275
5850
i6,715
20
- 5
20
35
5
25
135
20
120
_ 15
20
$1,400
5425
$1.700
$2,575
$425
$1,825
$8.700
$1 ,650
$9,100
$1,275
11 70D
$30.775
LABOR TOTAL
A17
19.350
12
765
50825
120
19600
165
f 0725
55
$2750
572
W3,115
TOTAL LABOR
-. 9 RIS
Dit,xv Expenses
Mileage I Ttaval
$100
_...
TOTAL PROPOSAL
$43,915
EXHIBIT B - Federal Patent and Rights in Data
37 C.F.R. Part 401,49 C.F.R. Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix
A, § 5, but the rights in data clause reflects FTA objectives. For patent rights, FTA is
governed by Federal law and regulation. For data rights, the text on copyrights is
insufficient to meet FTA's purposes for awarding research grants. This model clause,
with larger rights ,as a standard, is proposed with the understanding that this standard
could be modified to FTA's needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR
RESEARCH WORK.
A. Rights in Data.
(1) The term "subject data" means recorded information, whether or not copyrighted,
that is delivered or specified to be delivered under this Agreement. The term includes
graphic or pictorial delineation in media such as drawings or photographs; text in
specifications or related performance or design -type documents; machine forms such as
punched cards, magnetic tape, or computer memory printouts; and information retained
in computer memory. Examples include, but are not limited to: computer software,
engineering drawings and associated lists, specifications, standards, process sheets,
manuals, technical reports, catalog item identifications, and related information. The
term "subject data" does not include financial reports, cost analyses, and similar
information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the
performance of the contract to which this Attachment has been added:
(a) Except for its own internal use, Professional may not publish or reproduce subject
data in whole or in part, or in any manner or form, nor may Professional authorize others
to do so, without the written consent of the Federal Government, until such time as the
Federal Government may have either released or approved the release of such data to the
public; this restriction on publication, however, does not apply to any contract with an
academic institution.
(b) In accordance with 49 C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal Government
reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or
otherwise use, and to authorize others to use, for "Federal Government purposes," any
subject data or copyright described in subsections (2)(b)l and (2)(b)2 below. As used in
the previous sentence, "for Federal Government purposes," means use only for the direct
purposes of the Federal Government. Without the copyright owner's consent, the Federal
Government may not extend its Federal license to any other party.
1. Any subject data developed under this Agreement, whether or not a copyright has
been obtained; and
2. Any rights of copyright purchased by Professional using Federal assistance in
whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or
research work, it is FTA's general intention to increase transportation knowledge
available to the public, rather than to restrict the benefits resulting from the work to
participants in that work. Therefore, unless FTA determines otherwise, Professional
performing experimental, developmental, or research work required by this Agreement
agrees to permit FTA to make available to the public, either FTA's license in the
copyright to any subject data developed in the course of that contract, or a copy of the
subject data first produced under the contract for which a copyright has not been
obtained. If the experimental, developmental, or research work, which is the subject of
the underlying contract, is not completed for any reason whatsoever, all data developed
under that contract shall become subject data as defined in subsection (a) of this clause
and shall be delivered as the Federal Government may direct. This subsection (c),
however, does not apply to adaptations of automatic data processing equipment or
programs for Professional's use whose costs are financed in whole or in part with Federal
assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the
MPO and Professional agree to indemnify, save, and hold harmless the Federal
Government, its officers, agents, and employees acting within the scope of their official
duties against any liability, including costs and expenses, resulting from any willful or
intentional violation by the MPO or Professional of proprietary rights, copyrights, or right
of privacy, arising out of the publication, translation, reproduction, delivery, use, or
disposition of any data furnished under that contract. Neither the MPO nor Professional
shall be required to indemnify the Federal Government for any such liability arising out
of the wrongful act of any employee, official, or agents of the Federal Government.
(e) Nothing contained herein shall imply a license to the Federal Government under
any patent or be construed as affecting the scope of any license or other right otherwise
granted to the Federal Government under any patent.
(f) Data developed by Professional and financed entirely without using Federal
assistance provided by the Federal Government that has been incorporated into work
required by the underlying contract to which this Attachment has been added is exempt
from the requirements of subsections (b), (c), and (d) of this clause, provided that
Professional identifies that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, Professional agrees to include these
requirements in each subcontract for experimental, developmental, or research work
financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of Professional's status (i.e., a large business, small business, state
government or state instrumentality, local government, nonprofit organization, institution
of higher education, individual, etc.), the MPO and Professional agree to take the
necessary actions to provide, through FTA, those rights in that invention due the Federal
Government as described in U.S. Department of Commerce regulations, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(4) Professional agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal
assistance provided by FTA.
B. Patent Rights:
(1) If any invention, improvement, or discovery is conceived or first actually
reduced to practice in the course of or under this Agreement, and that invention,
improvement, or discovery is patentable under the laws of the United States of America
or any foreign country, Professional agrees to take actions necessary to provide
immediate notice and a detailed report to the party at a higher tier until FTA is
ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of Professional's status (a large business, small business, state government
or state instrumentality, local government, nonprofit organization, institution of higher
education, individual), Professional agrees to take the necessary actions to provide,
through FTA, those rights in that invention due the Federal Government as described in
U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," 37 C.F.R. Part 401.
(3) Professional agrees to include the requirements of this clause in each subcontract
for experimental, developmental, or research work financed in whole or in part with
Federal assistance provided by FTA.
6. Opportunity to Cure. In the case of a breach or default, the MPO may, in
its sole discretion, allow Professional a period of time in which to cure the defect. In
such case, the notice of termination shall state the time period in which cure is permitted
and other appropriate conditions. If Professional fails to remedy to the MPO's
satisfaction the breach or default or any of the terms, covenants, or conditions of this
Agreement within ten (10) days after receipt by Professional of written notice from the
MPO setting forth the nature of said breach or default, the MPO may terminate the
Agreement without any further obligation to Professional and seek damages, may treat
the Agreement as continuing and require specific performance, or may avail itself of any
other remedy at law or equity. If the MPO commences legal or equitable actions against
Professional, Professional shall be liable to the MPO for the MPO's reasonable attorney
fees and costs incurred because of the default. Any such termination for default shall not
in any way operate to preclude the MPO from also pursuing all available remedies
against Professional and its sureties for said breach or default.
7. Waiver of Remedies for any Breach If the MPO elects to waive its
remedies for any breach by Professional of any covenant, term or condition of this
Agreement, such waiver by the MPO shall not limit the MPO's remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Agreement.
8. Responsibility. Professional shall be responsible for the professional
quality, technical accuracy, timely completion and the coordination of all services
rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly
remedy and correct any errors, omissions, or other deficiencies.
9. Indemnification. Professional shall indemnify, hold harmless and defend
the MPO and its representatives, officers, employees, agents, and contractors from and
against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims,
demands, or judgments, including, without limitation, reasonable attorney fees, arising
from or in any way connected with injury to or the death of any person or physical
damage to any property resulting from any act, omission, condition, or other matter
related to this Agreement.
10. Insurance. Professional shall maintain commercial general liability
insurance in the amount of $500,000 combined single limits, and errors and omissions
insurance in the amount of $1,000,000.
11. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the MPO agrees to pay Professional on a time and reimbursable direct cost
basis according to the schedule outlined in the "Scope of Work — Exhibit A", with
maximum compensation (for both Professional's time and reimbursable direct costs) not
to exceed Forty -Three Thousand Nine Hundred Fifteen Dollars 43 915.00). Monthly
invoices are required and shall include a description of services performed, along with
number of hours and stated rates per hour. Supporting documentation shall also be
submitted for any reimbursable direct costs. The amounts of all such billings shall be
based upon the Professional's MPO-verified progress in completing the services to be
performed pursuant to the Scope of Services and upon approval of the Professional's
direct reimbursable expenses. Final payment shall be made following acceptance of the
work by the MPO.
12. Records and Reports. The MPO and Professional shall maintain all books,
records, and other documentation pertaining to the Scope of Services and necessary to
completely substantiate all costs incurred and billed to the MPO during the term of this
Agreement for a period of three (3) years from the date of final payment under the terms
of this Agreement. These records shall be made available for inspection and audit to any
state or federal authority authorized to inspect such records and copies thereof shall be
furnished at the expense of Professional, if so requested.
13. Ownership of Work Product. Upon final payment, all designs, plans,
reports, specifications, drawings, and other services rendered by Professional shall
become the sole property of the MPO, which shall have the royalty -free, nonexclusive
and irrevocable right to reproduce, publish, or otherwise use and authorize others to use
all such materials for authorized government purposes. Other entities that may
reproduce, publish, or otherwise use the designs, plans, reports, specifications, drawings,
and other services rendered by Professional include but are not limited to the Colorado
Department of Transportation ("CDOT"), the Federal Transportation Administration
("FTA"), and the Federal Highway Administration ("FHWA").
14. MPO Representative. The MPO shall designate, prior to commencement
of work, its project representative who shall make, within the scope of his or her
authority, all necessary and proper decisions with reference to the project. All requests
for contract interpretations, change orders, and other clarification or instruction shall be
directed to the MPO Representative.
15. Project Documents. Upon conclusion of the project and before final
payment, the Professional shall provide the MPO with reproducible documents of the
project containing accurate information on the project as designed. Documents shall be
of archival quality, and also available in an electronic format, in an agreed upon format.
16. Monthly Report. Commencing at the end of the calendar month following
the date of execution of this Agreement and every calendar month end thereafter,
Professional shall provide the MPO with a written report of the status of the work.
Failure to provide any required monthly report may, at the option of the MPO, suspend
the processing of any partial payment request.
17. Independent Contractor. The services to be performed by Professional are
those of an independent contractor and not of an employee of the MPO. The MPO shall
not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
18. Personal Services. It is understood that the MPO enters into this
Agreement based on the special abilities of Professional and that this Agreement shall be
considered as an agreement for personal services. Accordingly, Professional shall neither
assign any responsibilities nor delegate any duties, nor create any subcontracts arising
under this Agreement without the prior written consent of the MPO.
19. Conflict of Interests and Prohibited Interests. The MPO and Professional
represent that neither has any interests and shall not acquire any interests, directly or
indirectly, that would conflict in any manner or degree with the performance and services
required to be performed under this Agreement. The MPO and Professional further
represent that no member or delegate to the Congress of the United States shall be
admitted to any share or part of this Agreement or to any benefit arising therefrom. In
addition no employee, officer, or agent of the MPO shall participate in selection or in the
award or administration of this Agreement if a conflict of interest, real or apparent, would
be involved. Such conflict would arise when the employee, officer or agent; any member
of his immediate family; his or her partner; or an organization which employs, or is about
to employ any of the foregoing, has a financial or other interest in the firm selected for
award. The MPO's officers, employees, or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential contractors, or
parties of subagreements.
20. No Waiver. The MPO's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in
any way relieve the Professional of responsibility for the quality or technical accuracy of
the work. The MPO's approval or acceptance of, or payment for, any of the services shall
not be construed to operate as a waiver of any rights or benefits provided to the MPO
under this Agreement.
21. No Government Obligation to Third Parties. The MPO and Professional
acknowledge and agree that, notwithstanding any concurrence by the federal
government in or approval of the solicitation or award of the underlying contract, absent
the express written consent by the federal government, the federal government is not a
party to this Agreement and shall not be subject to any obligations or liabilities to the
MPO, Professional, or any other party (whether or not a party to this Agreement)
pertaining to any matter resulting from this Agreement.
22. Notices. All notices provided under this Agreement shall be effective
when mailed, postage prepaid and sent to the following addresses:
Professional:
MPO:
With Copy to:
UrbanTrans Consultants, Inc.
THE NFRT & AQPC
City of Fort Collins
Attn: David Ungemah
Attn: John Daggett
Purchasing Division
730 171h Street, Suite 400
235 Mathews St.
P.O. Box 580
Denver, CO 80202
Fort Collins, CO 80524
Ft Collins, CO 80522
23. Incorporation of FTA Terms. This Agreement includes certain Standard
Terms and Conditions required by the federal Department of Transportation ("DOT")
and other federal and state authorities, whether or not expressly set forth in this
Agreement. All contractual provisions required by DOT, as set forth in FTA Circular
4220.1D, dated April 15, 1996, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in
the event of a conflict with other provisions contained in this Agreement. Professional
shall not perform any act, fail to perform any act, or refuse to comply with any the MPO
requests which would cause the MPO to be in violation of the FTA terms and
conditions.
24. Grant Assurances and Federal Requirements. This Agreement involves
the expenditure of federal funds, which requires the MPO and Professional at all times
during the execution of this Agreement to adhere to and comply with all applicable
federal laws and regulations, as they currently exist and may hereafter be amended,
which are incorporated herein by this reference as terms and conditions of this
Agreement. A non -exhaustive list of federal laws and regulations that may be applicable
is included below. By signing this Agreement, Professional avers that it is his or her
responsibility to be aware of the requirements that may be imposed by the following
federal laws and regulations, and others not listed, that he or she is aware of any such
requirements, and that he or she will comply with all applicable laws and regulations.
a. Laws and regulations prohibiting false claims and statements from
being made to the federal government, 31 U.S.C.A § 3801, et seq., 49 C.F.R. Part
31, and 18 U.S.C.A. § 1001;
b. Federal privacy law, 5 U.S.C.A. § 552;
C. Nondiscrimination and equal employment opportunity laws in
accordance with Title VI of the Civil Rights Act, 42 U.S.C.A. § 2000d; § 303 of
the Age Discrimination Act of 1975, 42 U.S.C.A. § 6102; § 202 of the Americans
with Disabilities Act of 1990, 42 U.S.C.A. § 12132 ("ADA"); and Federal transit
law, 49 U.S.C.A. § 5332;
d. Mandatory standards and policies relating to energy efficiency that
are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act, 42 U.S.C.A. § 6201.
25. Binding Effect. This Agreement, together with the exhibits hereto,
constitutes the entire agreement between the parties and shall be binding upon said
parties, their officers, employees, agents and assigns and shall inure to the benefit of the
respective survivors, heirs, personal representatives, successors and assigns of said
parties.
26. Governing Law. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement.
27. Severability. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision of this Agreement.
28. Special Provisions. Special provisions or conditions relating to federal
patent law and rights in data that are applicable to this Agreement are set forth in Exhibit
B, attached hereto and incorporated herein by this reference.
THE NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL (MPO)
(?k16 i,
,or G
Cliff ]Navil6ln, Executive Director
PROFESSIONAL:
By:
Aw,� /�(/CL U��iw4Gf Title
DIR&C To
STATE OF , OLORADO )
) ss.
COUNTY O )
he foreQoini strument was subscri ed sworn to and acknowledged before me
this ��— day 2005, by A 4- [as of
.1 u1n11 A
My commission expires:
EXHIBIT A - Scope of Services
1. Introduction
The Scope below defines the tasks involved in completing this work.
Scope of Services
Attached
North Front Range MPO
VanGo Strategic Plan Scope of Work
Task One: History and Existing Conditions
Name
Activities /,Nzlctbodolog�
1) Review official VanGO / NFRMPO / Smartt nps
staft,
Timeline
Budget
documentation (including reports detailing ridership,
Background
cost, origin, and destination information; placement
Ungemah
Week 1-3
$2,150
Section
rates; vehicle leasing / operational relationships; and
Driver
maintenance / safety factors).
2 Interview staff
3) Document current operations (from review of
materials in section above)
4) Provide write-up of operations in matrix form, with
descriptive narrative of process. Documentation will
Current
include amortized (annually) staff time, contractual
Luten
Operations &
costs, general overhead, fleet roster, and a timeline of
Driver
Week 1-3
$2,250
Performance
activities
5) Develop "Historic Context" brief, including a
narrative about the evolution of partnerships with
Front Range providers and general description on
how VanGo operates on a day-to-day basis
6) Identify peer comparison measures, including vehicle
ownership, market trends, tracking methods, agency
coordination, staffing, insurance, performance,
Analysis of
pricing, revenue, and budget
Ungemah
Current
7) Conduct online survey for distribution to peer
Driver
Week 3-5
$1,075
Conditions
programs, seeking six peer agencies feedback.
8) Write "Baseline Conditions" brief, including
narrative on the program's expected performance
without chan e
SWOT
9) Digest information in sections above and document
Analysis
in an accessible and easy -to -understand SWOT
Ungemah
Week 5
$850
analysis
Total Cost: $6,325
Deliverables: Historical and Existing Conditions Document (10 — 15 pages)
• Historic Context
• Current Operations Matrix
• Current Operations Process Descriptive
• Baseline Conditions
• SWOT Analysis
Study Group presentation (Week 5)
Timeline: Weeks 1 — 5
This section relies upon North Front Range MPO to assist in synthesizing information
regarding process, and, as co-author of the collaborative write-up