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RESOLUTION NO. 13456
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
NELSON\\NYGAARD CONSULTING ASSOCIATES, INC. AND
THE CITY OF PUEBLO IN THE AMOUNT OF $115,707 FOR
PROFESSIONAL SERVICES ASSOCIATED WITH THE PUEBLO
AREA COUNCIL OF GOVERNMENTS – PUEBLO AREA WIDE
TRANSIT FUNCTIONALITY STUDY, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between Nelson\\Nygaard Consulting Associates, Inc. and the City of
Pueblo, a Municipal Corporation dated June 27, 2016 (the “Agreement”) concerning professional
services associated with the Pueblo Area Council of Governments – Pueblo Area Wide Transit
Functionality Study, a copy of which is attached hereto, having been approved as to form by the
City Attorney, is hereby approved, subject to appropriation required therefore, if any, in fiscal
years beyond the date of adoption of this Resolution.
SECTION 2.
The President of the City Council is hereby authorized to execute the Agreement on
behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto
and attest same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of the Resolution and the attached agreement to effectuate the
transaction described therein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: June 27, 2016
BY: Ed Brown
City Clerk’s Office Item # M-3
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
June 27, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Scott Hobson, Planning & Community Development
SUBJECT: A RESOLUTION APPROVING AN AGREEMENT BETWEEN
NELSON\\NYGAARD CONSULTING ASSOCIATES, INC. AND THE CITY OF
PUEBLO IN THE AMOUNT OF $115,707 FOR PROFESSIONAL SERVICES
ASSOCIATED WITH THE PUEBLO AREA COUNCIL OF GOVERNMENTS –
PUEBLO AREA WIDE TRANSIT FUNCTIONALITY STUDY, AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
SUMMARY:
Attached is a Resolution for City Council consideration approving a Professional Services
Agreement with Nelson\\Nygaard Consulting Associates, Inc. concerning professional services
associated with the Pueblo Area Council of Governments (PACOG) – Pueblo Area Wide Transit
Functionality Study.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The City Urban Transportation Planning Division solicited proposals from qualified consultants to
complete a comprehensive operations analysis of the local public transit services including current
routes, transfer facility locations, schedules and to provide recommendations on possible
improvements and potential future expansion of services within the Pueblo MPO area. The
estimated total budget for services of this project is $115,707. The City Urban Transportation
Planning Division has reviewed the proposal for the completion of the West Pueblo Connector –
Downtown Corridor Analysis, and has determined that the proposal which meets the requirements
for responsiveness, time sensitivity, and cost.
FINANCIAL IMPLICATIONS:
The Agreement covers the Pueblo Area Wide Transit Functionality Study Scope of Work for the
Project totaling $115,707. The cost for the professional services will be paid from the Urban
Transportation Planning Projects Budget, Project TP 1630.
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
Staff from the City of Pueblo Urban Transportation Planning Division as well as Pueblo Transit
participated in the initial review of the four proposals received for the Project in April of this year
and concurred with the selection of Nelson\\Nygaard Consulting Associates, Inc.
ALTERNATIVES:
Not Applicable
RECOMMENDATION:
Approval of the Resolution
Attachments:
Agreement for Professional Services
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 27th day of June, 2016, by and between Pueblo,a Municipal
Corporation("Client")and Nelson\Nygaard Consulting Associates, Inc. (hereinafter referred to as "Consultant")for
Consultant to render professional transportation planning, transit operations, engineering, design and consulting
services for Client with respect to the Pueblo Area Council of Governments(PACOG)—Pueblo Area Wide Transit
Functionality Study and related ancillary services, hereinafter referred to as the "Project." In consideration of the
mutual covenants hereinafter set forth,the parties agree as follows:
SECTION 1. GENERAL AND SCOPE OF SERVICES.
(a) Consultant shall satisfactorily perform the professional planning and consulting services for the
Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Basic
Services"). Such services shall include all usual and customary professional transportation planning and transit
operations consulting services including any required drafting or design services incident to its work on the Project.
In the event this Agreement follows the selection of Consultant by Client pursuant to a Request for Proposals or RFP,
all of the requirements of that Request for Proposal or RFP are incorporated herein by reference, unless any
requirement is expressly excluded in Schedule 1.
(b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants,
Consultant shall be and remain as fully responsible for the full performance and quality of services performed by
such subcontractors or subconsultants as it is for services performed directly by Consultant or Consultant's
employees.
(c) To the extent Consultant requires access to private property to perform its services hereunder,
Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already
secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of
consent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth
therein. A copy of any such instrument will be provided to Consultant upon request.
SECTION 2. CONSULTANT'S RESPONSIBILITIES.
(a) Consultant shall be responsible for the professional quality, technical accuracy and timely
completion of Consultant's work, including that performed by Consultant's subconsultants and subcontractors, and
including drawings,reports and other services,irrespective of Client's approval of or acquiescence in same.
(b) Consultant shall be responsible, in accordance with applicable law,to Client for all loss or damage
to Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and
excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a
condition precedent to commencement of an action, including any such requirements set forth in Section 13-20-602,
C.R.S. or similar statute,whether now existing or hereafter enacted.
(c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution
of work under this Agreement and shall provide all necessary safety and protective equipment for said employees.
(d) Consultant acknowledges that time is of the essence with respect to the completion of its services
under this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant
proposes to accomplish its work,with time periods for which it will commence and complete each major work item.
Except to the extent the parties agree to time extensions for delays beyond the control of Consultant,Consultant shall
adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement
of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has
accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor
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and utilities required for the work,the availability of information which must be obtained from any third parties,and
all conditions to access to public and private facilities.
(e) Before undertaking any work or incurring any expense which Consultant considers beyond or in
addition to the Scope of Work described in Schedule l or otherwise contemplated by the terms of this Agreement,
Consultant shall advise Client in writing that(i)Consultant considers the work beyond the scope of this Agreement,
(ii)the reasons that Consultant believes the out of scope or additional work should be performed,and(iii)a reasonable
estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until
authorized in writing by Client. The compensation for such authorized work shall be negotiated,but in the event the
parties fail to negotiate or are unable to agree as to compensation,then Consultant shall be compensated for its direct
costs and professional time at the rates set forth in Schedule 2 attached hereto.
SECTION 3. FEES FOR SERVICES; PAYMENT.
(a) Client will pay to Consultant as full compensation for all services required to be performed by
Consultant under this Agreement,except for services for additional work or work beyond the scope of this Agreement,
the maximum sum of U.S. $115,707,computed as set forth in Schedule 2.
(b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment,
aggregating to not more than the maximum amount set forth above,for actual professional services rendered and for
reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and
expense reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate
documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay
Consultant for the amount of the application within 45 days of the date such application is received.
(c) No separate or additional payment shall be made for profit, overhead, local telephone expenses,
lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise
provided and listed in Schedule 2.
(d) No compensation shall be paid to Consultant for services required and expenditures incurred in
correcting Consultant's mistakes or negligence.
(e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the
provisions of Section 2(e).
(f) In the event services under this Agreement are phased and to be performed in more than one fiscal
year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial
appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial
and subsequent annual appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES.
(a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant
information,surveys,data and previous reports accessible to Client which Consultant may reasonably require.
(b) Client shall designate a Project Representative to whom all communications from Consultant shall
be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information
and make decisions with respect to the Project. Said representative shall not,however,have authority to bind Client
as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value
which is the lesser of$5000 or 5%of the maximum contract price.
(c) Client shall examine all documents presented by Consultant,and render decisions pertaining thereto
within a reasonable time. The Client's approval of any drawings,specifications,reports,documents or other materials
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or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy
of its work.
(d) Client shall perform its obligations and render decisions within a reasonable time under the
circumstances presented. Based upon the nature of Client and its requirements,a period of 14 days shall be presumed
reasonable for any decision not involving policy decision or significant financial impact, when all information
reasonably necessary for Client to responsibly render a decision has been furnished. A period of 46 days shall be
presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The
above periods of presumed reasonableness shall be extended where information reasonably required is not within the
custody or control of Client but must be procured from others.
SECTION 5. TERMINATION.
(a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder,at any
time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its
subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data,
drawings,specifications,reports, plans,calculations,summaries and all other information,documents,work product
and materials as Consultant may have accumulated in performing this Agreement, together with all finished work
and work in progress.
(b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant
shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of
termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs
could not be avoided or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall
payment to Consultant upon termination exceed the maximum compensation provided for complete performance in
Section 3(a).
(c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement
by Consultant,or for other fault of Consultant including but not limited to any failure to timely proceed with work,
or to pay its employees and consultants, or to perform work according to the highest professional standards, or to
perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's
entire right to compensation shall be limited to the lesser of(a)the reasonable value of completed work to Client or
(b) payment at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses
reasonably incurred, prior to date of termination.
(d) Consultant's professional responsibility for its completed work and services shall survive any
termination.
SECTION 6. SITE ACCESS.
In the event the Project will require access to property not under the control of Client, Consultant and
Consultant=s employees and consultants shall obtain all additional necessary approval and clearances required for
access to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but
makes no warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing,
Consultant understands and agrees that entry to some property by Consultant may be subject to compliance by
Consultant with the terms and conditions of an access agreement in accordance with section 1(c)of this Agreement.
SECTION 7. USE OF DOCUMENTS.
(a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by
Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements,and
Client shall be vested with all rights therein of whatever kind and however created,whether by common law,statute
or equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs,drawings,
specifications, and all other technical data or other documents pertaining to the work to be performed under this
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Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except(i)with
advance written consent of Client,which consent may be granted or withheld in Client's sole and absolute discretion
and(ii)in full compliance with the requirements of this Agreement and applicable federal regulations.
SECTION 8. INSURANCE AND INDEMNITY.
(a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such
insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal
injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its
employees,and from claims or damages because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph(b).
(b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows:
(i) Workers'Compensation Insurance complying with statutory requirements in Colorado and
in any other state or states where the work is performed.The Workers' Compensation Insurance policy shall
contain an endorsement waiving subrogation against the Client.
(ii) Commercial General Liability Insurance. The Consultant shall secure and maintain during
the period of this agreement/contract and for such additional time as work on the project is being performed,
Commercial General Liability Insurance issued to and covering the liability of the contractor with respect to
all work performed by him and all his subcontractors under the agreement/ contract, to be written on a
commercial policy form. This insurance shall be written in amounts not less than $1,000,000 for each
occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each
occurrence and aggregate for property damage. This policy of insurance shall name the City of Pueblo, its
agents,officers and employees as additional insureds. This policy shall have all necessary endorsements to
provide coverage without exclusion for explosion and collapse hazards, underground property damage
hazard,blanket contractual coverage. The policy shall also provide coverage for contractual liability assumed
by Contractor under the provisions of the Agreement/Contract, and "Completed Operations and Projects
Liability"coverage.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000 per claim and
aggregate,and with a deductible of not more than$50,000.
(iv) Comprehensive Automobile Liability Insurance. The Consultant shall procure and maintain
during the period of the agreement/contract and for such additional time as work on the project is being
performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with limits of
liability for and injury to one person in any single occurrence of not less than$350,000 and for any injury to
two or more persons in any single occurrence of not less than $1,000,000. This insurance shall include
uninsured/underinsured motorist coverage and shall protect the Consultant from any and all claims arising
from the use both on and off the site of the project of automobiles, trucks, tractors, backhoes and similar
equipment whether owned, leased,hired or used by Consultant.
(c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to
third parties,arising out of negligent acts or omissions of Consultant, its employees,subcontractors and consultants.
SECTION 9. SUBCONTRACTS.
(a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client
has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through
subconsultants or subcontractors, Consultant shall contractually bind each of its subconsultants and subcontractors
by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client,and Client shall be
a third party beneficiary of those subcontract provisions.
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(b) Consultant shall indemnify and defend Client from all claims and demands for payment for services
provided by subcontractors of Consultant.
(c) Consultant acknowledges that,due to the nature of the services to be provided under this Agreement,
the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal
responsibility for services performed under this Agreement. Consequently,Consultant represents that it has selected
and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior
to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants
or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto.
Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection.
SECTION 10. REQUIRED FEDERAL PROVISIONS.
(a) Consultant understands that Client may be funding the Project in whole or part with funds provided
through the Federal Highway Administration and the Federal Transit Administration. Consultant agrees it is subject
to and shall comply with all applicable provisions as set forth in 49 U.S.C. 5303 and 23 U.S.C. 134,the Act under
which the contract award has been made,and applicable regulations.
(b) Consultant shall comply with all applicable Federal,State,and local laws applicable to its activities.
(c) All records with respect to any matters covered by this Agreement shall be available for inspection
by Client,Federal Highway Administration,Federal Transit Administration,and other federal agencies under federal
law at any time during normal business hours and as often as Client, deems necessary, to audit, examine and make
excerpts or transcripts of relevant information,and otherwise to perform its official functions or duties.
SECTION 11. MISCELLANEOUS.
(a) Notices. Any and all notices or other communications required or permitted by this Agreement or
by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be
deemed duly served and given when personally delivered to the party to whom it is directed,or in lieu of such personal
service, when deposited in the United States mail, first-class postage prepaid, addressed to the Client, Attention:
Scott Hobson, Assistant City Manager for Community Investment, City of Pueblo Planning and Community
Development Department, 211 East D Street, Pueblo, Colorado, or to Consultant, Attention: Thomas Brennan,
Principal,Nelson\Nygaard Consulting Associates, Inc., 116 New Montgomery Street, Suite 500, San Francisco,CA
94105. Either party may change his address for the purpose of this paragraph by giving written notice of such change
to the other party in the manner provided in this paragraph.
(b) Entire Agreement. This instrument contains the entire agreement between Consultant and Client
respecting the Project,and any other written or oral agreement or representation respecting the Project or the duties
of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null
and void. In the case of any conflict between the terms of this Agreement for Professional Services and terms of
Schedule 1 or any other attachment hereto,the terms of this Agreement shall govern.
(c) Successors and Assigns. This Agreement shall be binding on the parties hereto and on their
successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to
become due hereunder to Consultant may be assigned by it without the written consent of Client,which consent may
be withheld in Client's sole and absolute discretion. Any assignment or attempted assignment in violation of this
subsection shall be void.
(d) Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by
written amendment signed by an authorized representative of Consultant and by Client in accordance with the
requirements of Section 4(b)of this Agreement or upon authorization of Client's governing board.
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(e) Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of
the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be
decided in a state court of competent jurisdiction located in Pueblo,Colorado.
(f) Equal Employment Opportunity. In connection with the performance of this Agreement, neither
Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are
employed, and that employees are treated during employment without regard to their race, color, religion, sex,
national origin, disability or age.
(g) Severability. If any provision of this Agreement, except for Section 2, is determined to be directly
contrary to and prohibited by law or the requirements of any federal grant or other Project funding source,then such
provision shall be deemed void and the remainder of the Agreement enforced. However,it is the intent of the parties
that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be
contrary to law or the terms of any federal grant,then this entire Agreement shall be void.
SECTION 12. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING
WORK
(a) At or prior to the time for execution of this Agreement(which may be referred to in this section as
this"Contract"),Consultant(which may be referred to in this section as"Contractor")shall submit to the
Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien who
will perform work under this Contract and that the Contractor will participate in either the "E-Verify Program"
created in Public Law 208, 104''Congress,as amended and expanded in Public Law 156, 108th Congress,as
amended,that is administered by the United States Department of Homeland Security or the"Department Program"
established pursuant to §8-17.5-102(5)(c)C.R.S.that is administered by the Colorado Department of Labor and
Employment in order to confirm the employment eligibility of all employees who are newly hired for employment
to perform work under this Contract.
(b) Contractor shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under this contract;
(II) Enter into a contract with a subconsultant that fails to certify to Contractor that the
subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this
Contract.
(c) The following state-imposed requirements apply to this contract:
(I) The Contractor shall have confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through participation in either the E-Verify
Program or Department Program.
(II) The Contractor is prohibited from using either the E-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this Contract is being performed.
(III) If the Contractor obtains actual knowledge that a subcontractor or subconsultant performing
work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall be
required to:
A. Notify the subconsultant and the Client's Purchasing Agent within three (3) days
that the Contractor has actual knowledge that the subcontractor/subconsultant is employing or
contracting with an illegal alien; and
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B. Terminate the subcontract with the subcontractor/subconsultant if within three (3)
days of receiving the notice required pursuant to subparagraph (c)(III)A. above the
subcontractor/subconsultant does not stop employing or contracting with the illegal alien;except that
the Contractor shall not terminate the contract with the subcontractor/subconsultant if, during such
three (3) days, the subcontractor/subconsultant provides information to establish that the
subcontractor/subconsultant has not knowingly employed or contracted with an illegal alien.
(IV) The Contractor is required to comply with any reasonable request by the Colorado
Department of Labor and Employment (hereinafter referred to as "CDLE") made in the course of an
investigation that CDLE is undertaking pursuant to its authority under§8-17.5-102(5),C.R.S.
(d) Violation of this Section 12 by the Contractor shall constitute a breach of contract and grounds for
termination. In the event of such termination, the Contractor shall be liable for Client's actual and consequential
damages.
(e) As used in this Section 12, the terms "subcontractor" and "subconsultant" shall mean any
subconsultant or subcontractor of Consultant rendering services within the scope of this Agreement.
SECTION 13. Reserved.
SECTION 14. PERA LIABILITY
Consultant shall reimburse the City for the full amount of any employer contribution required to be paid by
the City of Pueblo to the Public Employees' Retirement Association("PERA")for salary or other compensation paid
to a PERA retiree performing contracted services for the City under this Agreement. The Consultant shall fill out the
questionnaire attached as Exhibit A and submit the completed form to Client as part of the signed Agreement.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year first
above written.
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Schedule 1
Scope of Work yy
TASK 1 PROJECT ADMINISON TRATI �� ,b; , 4E "?;",""1:;,,{
1.1 Kickoff Meeting
The project will be initiated with an in-person meeting including all relevant staff from Nelson\Nygaard and the City of
Pueblo.The purpose of this kickoff meeting will be to:
• Discuss, refine,and finalize the scope of work and schedule
• Identify and discuss desired outcomes of the project
• Identify and discuss all major issues that should be addressed
• Discuss data availability and data collection approach
• Clarify roles,responsibilities,and procedures
A draft agenda will be submitted to staff for review and revision prior to the meeting,and meeting notes will be recorded.
Following the meeting,we will refine the project scope and schedule as necessary and submit a final version.We will also
provide a meeting summary.
As part of our kickoff meeting activities,we also propose to spend time on-site touring the study area.Site visits are a key
part of the project kickoff process and we encourage staff to accompany us as we tour the area to observe the Pueblo Transit
Center,major destinations,key travel corridors,and any planned or proposed developments.We also typically recommend
convening as a group at the end of our site visit to discuss our initial impressions and ideas.This process ensures we develop
a common understanding and get up to speed quickly.
1.2 Bi-weekly Progress Meetings
At Nelson\Nygaard we believe in proactive project management.To assure this,we will organize regular calls to discuss
project status,critical-path issues,next steps,and timelines. Project Manager James Gamez will be the primary point of
contact throughout the process;he will also provide monthly progress reports including a summary of all work completed
during the month,in-progress and upcoming tasks/next steps,invoices,and remaining budget.His team will be available for
progress meetings,as requested,for the duration of the project.
All deliverables will be reviewed by James Gamez and by Nelson\Nygaard copy editors prior to submittal. Using our refined
quality assurance/quality control standards,we ensure that all deliverables are factually accurate,carefully detailed,well-
written and illustrated,and responsive to the needs of the City of Pueblo.
DELIVERABLES: Kickoff Meeting Summary
Monthly Progress Meetings
s
`TASK 2,;;EXISTING:CONDITIONS REPORT;4, a, .k''. ,. . 4. YV sfi FFrr, 04-
Prior to developing specific service alternatives,a comprehensive evaluation of existing conditions will be conducted.As part
of this task,Nelson\Nygaard will meet with bus operators and analyze key data including historical ridership,service design
standards,fare structure,scheduling practices,fleet inventory,etc.
2.1 Operator Interviews
Nelson\Nygaard suggests information gathering sessions with bus operators and other front line staff early in the project to
understand local conditions and potential ideas for service improvements.Through years of experience,we have found that
operators are an invaluable source of practical information on system operations as well as passenger habits,preferences,
and needs.Operators are uniquely positioned to observe and report on everyday issues.
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In past studies we have conducted casual meetings with staff assigned to driver break rooms during key shift change times. In
other studies,we have held more formal meetings with select groups of drivers and front line staff.We are open to either
approach and will work with staff to schedule times that work best for operators.
Operator interviews will be conducted anonymously,so that staff feels free to speak openly.We would ask assistance in
notifying operators that consultants will be on-site and conducting interviews.All interviews would be voluntary.Results
from these discussions will be incorporated into a memorandum summarizing operator feedback.
2.2 System Evaluation
As a starting point in our analysis of existing services,we will summarize fixed route and paratransit operating and cost
indicators for the most recent five years.The goal of this analysis is to assess the efficiency and effectiveness of the system as
a whole as measured in riders per hour,riders per trip,cost per rider,cost per mile,cost per hour,and other common
industry indicators.Findings from this task will be used to determine appropriate performance metrics(Task 5.2).
2.3 Ridecheck
Our understanding of existing APC data on fixed-route services is that stop and trip-level data.As a result, Nelson\Nygaard
highly recommends a ridecheck survey to collect the data necessary to understand stop-level ridership trends and make
informed decisions regarding route modifications and service coverage. Understanding existing transit service is fundamental
to the service evaluation process.
The ridecheck survey will be designed to capture ridership patterns for a typical weekday and Saturday by collecting boarding
and alighting data by stop for each local fixed-route.The survey can also be used to collect schedule adherence data at the
timepoint level.We propose to collect a 100%sample of every trip on every route for one representative weekday of service.
Saturday ridership data will not be collected. Nelson\Nygaard will schedule the ridecheck counts,administer the survey,
process the data,perform quality control on the data,and prepare the data for evaluation.Members of the Nelson\Nygaard
team will also train and supervise the temporary surveyors,organize and manage the ridership data collection,and process
and edit the data to produce final reports.
2.4 On-board Survey
We propose an on-board survey effort as part of this project to(1)ensure that passenger feedback and preferences is
strongly considered as part of the planning process and(2)help understand more about non-riders.Our team will conduct
two surveys to capture the different groups.Pueblo may consider offering an incentive to participate in the survey effort,
such as giving a chance to win a free transit pass.
The on-board survey typically takes place on weekdays. It can be available in both English and Spanish and will include the
following categories:
® Origin-Destination Information: Respondents will be asked to identify the precise origin and destination of their
current trip.
■ Fare Payment Type:This would help provide more detailed information about how passengers pay to ride transit
and under which fare category.
■ Trip Purpose:This information will help to identify existing markets and help understand fluctuations in ridership.
■ Frequency of Use: Respondents will be asked when and how often they ride the service and how long they have
been using transit in general.
• Transit Dependency:This information will assess transit dependency by asking if passengers could have made a trip
if transit were not available. Responses in this category often correlate with income but can also indicate high
concentrations of students.
• Passenger Satisfaction:It is useful to have an accurate assessment of passenger satisfaction of the existing service.
Passengers also will have an opportunity to provide open-ended comments or suggestions about routes,hours and
frequency of service.
• Demographic Profile:The questionnaire can also solicit detailed demographic information including income,age,
gender, race,primary language,and any other demographics deemed important to the study.
9
Nelson\Nygaard will work collaboratively with staff to design the on-board survey instrument.Upon collection of all
completed surveys,the Nelson\Nygaard team will enter all data collected from the survey and analyze the results.
2.5 Route Profiles
From the information gathered in Tasks 2.1-2.4,the Nelson\Nygaard team will analyze additional information about each
route in Pueblo.
We will provide:
• A route description
® A route map
® A description of the route's alignment and service patterns
El Stop-level information,including transfer points,and stop spacing
® Span of service(hours of operation)
• Compatibility with school bell times
• Service frequencies by time of day
a Ridership characteristics/patterns
• Performance characteristics such as passengers per hour,passengers per mile,average speed,and schedule
efficiency
® An overall assessment of the strengths and weaknesses of the route
• An initial list and description of potential improvements.
Equipped with this information,our team will be able to make recommendations on the appropriate service levels,
minimizing overlap with other existing services,feasibility of service to new areas,and expanded weekend service.
2.6 Market Analysis
Understanding existing and future markets for transit is a fundamental part of identifying service gaps. Using demographic
data,we will examine population densities to determine the potential and propensity for transit ridership. Demographic
information will be portrayed in GIS-based maps depicting the spatial distribution of populations having similar demographic
characteristics.
The Nelson\Nygaard team will overlay existing routes over these maps to compare existing service with respect to transit
demand. From these comparisons,we will assess where transit market opportunities exist,particularly those which are
unserved or underserved.
Population and Employment Densities:Of all of the factors that impact the demand for transit,the most important is that a
sufficient number of people must live and work in close proximity.Since most people walk to or from transit for at least one
end of their trip,the starting points for determining whether or not there will be sufficient demand are population and
employment densities.
Major Activity Centers:Through the use of existing documents and the collective knowledge of staff,we will identify and
map major activity centers.
Demographic Characteristics:Certain groups,such as seniors,college students,teenagers,persons from low-income
households and those with a disability tend to use transit to a greater extent than other groups.We will examine the
distribution and density of these transit-dependent populations.
Transit Propensity:To know where transit services are likely to be successful,we must examine the size and location of
populations that typically exhibit high levels of transit use.To do this,we will examine where clusters of likely transit rider
groups occur and also determine the size of each cluster.For example, in a given location,the size of individual populations
may be too small to support transit service;however,the combined size may be relatively large.
10
For this reason,we will use these demographic data in combination to develop a transit propensity index, indicating the
relative demand for transit throughout the Pueblo service area.This index will illustrate which areas have the greatest need
for transit.
DELIVERABLES: Existing Conditions Report
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TASK 3 SERVICEtRECOMMENDATIONS t g r� ' 'e
3.1 Field Review
Nelson\Nygaard will conduct a detailed field review of each route,potential transit corridors,major ridership generators,and
other locations recommended by staff.We will also review operations and pedestrian activity at the Transit Center.The
existing Pueblo fixed-route service will be evaluated in terms of the three areas listed below.
Service Evaluation Criteria
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• Directness and deviations • Service coverage • Intermodal facility operations
• Length and balance • Route connectivity • Bus stop spacing and placement
• Terminal point(s)and layover(s) ■ Route spacing and duplication • Bus stop accessibility and amenities
3.2 Initial Service Recommendations
Our approach in defining service recommendations is to look at how the transit services can better address transit demands
and intercity connectivity, and what new services are practical and financially feasible,building upon the strengths of the
existing system and addressing any weaknesses.The plan will take into account ridership,survey results, market conditions,
and industry best practices.
Initial service recommendations may include but will not necessarily be limited to:
• Route realignments to provide more effective and efficient service.
• Changes to service frequencies to match service levels with demand and facilitate connections.
• Schedule adjustments to ensure that routes are operating reliably,and meeting rider needs.
• Reduction of service duplication/redundancy to provide for the more effective use of resources.
• Service to new areas identified in the market analysis as having a high need for transit service.
Initial service alternatives will include cost-neutral route networks in terms of annual revenue hours.Schedule information
and proposed stop locations will also be included in each service alternative.Service expansion scenarios will also be
developed along with operating costs,capital requirements,and anticipated ridership.
3.3 Open House Meetings
To obtain information on passenger needs beyond surveying,we recommend hosting open house meetings. Input gathered
from stakeholders will help ensure that the study is responsive to the needs of Pueblo residents.
Open house meetings would occur after the development of service initial service alternatives with the purpose of soliciting
feedback on the service alternatives before a draft plan is developed. Recognizing that many customers are not able to
attend public meetings due to scheduling conflicts,we propose conducting direct outreach at the Pueblo Transit Center
where we can discuss issues with existing service,opportunities for improvement,customer trip patterns, and other relevant
topics.
Additional meetings could be held at public facilities accessible by transit,such as city hall,community centers,libraries,
schools,etc. Nelson\Nygaard will be responsible for facilitating the workshops.We will also develop summaries of each
workshop.
11
3.4. Preferred Alternative
Once evaluation criteria have been developed,we will prioritize the service alternatives developed in Task 4.2 and compile
these services into a single preferred scenario.Similar to previous tasks,the preferred alternatives will be documented to the
following level of detail:
• System map with routes and service areas
• Service levels by day and time period
• Estimated ridership and revenue changes
• Operating cost estimates
• Incremental fleet requirements
• Facility requirements
The preferred alternative will be evaluated with respect to its ability to meet the goals and objectives of the study.We will
work with staff to review the preferred alternative to arrive at a recommended service proposal from which we will develop
an operating and implementation plan.
3.5 Service Expansion
Nelson\Nygaard will identify transit needs and develop potential solutions,including:
• Span of Service: Using trip level data and community feedback,we will evaluate the demand for earlier and/or later
hours of service to meet work and school schedules.
• Sunday Service The on-board survey will evaluate the demand for Sunday service.
• New Fixed-Routes:Based on the comprehensive transit demand analysis,we will identify opportunities for new
routes to unserved or underserved areas.Each potential option will include detailed information regarding route
alignment,service levels,vehicle needs,projected costs and ridership, pedestrian and bus stop infrastructure needs.
• Flex Routes:In areas of lower density or less transit demand,flexible,or deviated fixed routes can provide effective
coverage transportation.We will assess the feasibility of serving these areas with smaller vehicles and different
service delivery methods.
• Shuttle Routes:New or improved connections,provided by limited stop shuttles will be considered,based on public
feedback and regional travel pattern data.College students are primary markets for this type of service.
DELIVERABLES: Operating and Implementation Plan
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4.1 Administrative/Maintenance Facility Plan
The project team will begin this task by conducting a programming workshop to identify current activity and space needs for
the Administration/Operations facility,as well as future needs with the potential relocation of this facility.We anticipate
conducting the programming workshop with several Pueblo Transit staff members. Needs are expected to include
administrative office space,fixed-route and ADA vehicle space,employee parking,bicycle parking,and others identified by
the group.We will use the information that is gathered in this workshop to develop a space needs program.The program will
be used to determine the approximate size and shape of land when considering parcels for relocation.During this workshop,
the group will identify goals for relocation of the Administration/Operations facility.Goals may include reduced cost,
improved routing,improved bus storage,and larger office space.The team will then use these goals to develop evaluation
criteria.
The team will use GIS data provided by the City to identify all vacant parcels and parcels owned by the City of Pueblo that
meet the size requirements identified during the programming workshop.GIS data will also be used to identify current
property ownership and zoning.
12
The team will conduct an initial evaluation of the parcels.A maximum of 12 sites will be retained for detailed evaluation.
Evaluation criteria will be based on the goals identified during the programming workshop and could include some of the
following:ability to reduce cost,ability to improve route efficiency,assessed value,street connectivity,presence of sensitive
environmental resources,consistency with local plan,and compatibility with adjacent land uses.The team will conduct a
preliminary screening to grade each site based on the identified evaluation criteria.
A parcel evaluation meeting will be used to review the preliminary screening of parcels.We anticipate including Pueblo
Transit staff and other City disciplines such as Public Works, Planning and Community Development,and Public Safety.The
team will solicit input on the preliminary screening results and ask participants for feedback on the top three potential
relocation parcels.
The team will develop a Technical Memorandum to summarize the programming,identification,and screening process.Up to
three parcels could be retained and recommended for additional study.The Technical Memorandum will identify
recommendations for next steps to assist Pueblo Transit with moving the project toward implementation.
4.2 Capital Assets Plan
Passenger amenities and facilities,such as bus stops and transit centers,will also be evaluated in terms of usage,
effectiveness,and accessibility.Recommendations for new construction and/or improvements to existing facilities will be
included in a twelve-year capital plan.
Nelson\Nygaard will also review the current fleet(bus,maintenance,and staff),future vehicle needs,and the potential for
new vehicle types.As new vehicle technologies emerge and alternative fuels become more cost effective, it may be beneficial
to further diversify or transition the fleet. Nelson\Nygaard is well versed in this area and has significant experience
developing vehicle acquisition plans that support agency goals.
DELIVERABLES: Administrative/Maintenance Facility Technical Memorandum
Capital Assets Plan
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5.1 Service Design Standards
Nelson\Nygaard will document current service guidelines,standards,policies,and practices in place amongst service
providers. Based on stated goals and standards,Nelson\Nygaard will review how these have been employed and consider
which have and have not worked.Having conducted numerous evaluations of performance standards,Nelson\Nygaard has
broad experience evaluating guidelines and standards based on local operating conditions.
5.2 Performance Monitoring
Nelson\Nygaard will work with City of Pueblo staff to develop realistic and attainable goals,objectives,and performance
measures. Having conducted numerous evaluations of performance standards, Nelson\Nygaard has broad experience
developing and applying service measures and standards to local operating conditions.
These efforts will result in the establishment of a performance evaluation methodology to review service changes and route
performance on an ongoing basis.The performance standards are intended to ensure that future service changes improve
system efficiency and effectiveness.
5.3 Fare Policy
The purpose of this task is to provide an evaluation of existing fare structures and what potential future changes may be
warranted from the perspective of rider experience,and to help fund future service improvements. Based on these goals,this
task will compare Pueblo's fare program against peer agencies,and develop and evaluate potential future fare alternatives.
This analysis will build upon this current success and will determine if additional improvements can be made.
We will begin by analyzing the existing fares and fare policies with emphasis on the following key indicators and trend
analysis:
13
• Average fare per passenger
® Types of fares paid by passengers
• Farebox recovery ratio
• Volume of passes sold and compared to ridership by passenger category
® Transfer usage
• Pass discount ratios(as compared to base fare)
Nelson\Nygaard will develop options to the current fare structure and policies,taking into account input,comments,and
research conducted throughout the study.The first step will be to propose evaluation criteria to screen and evaluate the
options.The next step will be to propose ways to improve and potentially simplify the fare structure and polices.Anticipated
revenue and ridership impacts of each option will be developed.Also,of particular importance is how easily fare structures
can be communicated to existing and potential customers.
5.5 Marketing and Communications
Nelson\Nygaard will investigate existing marketing strategies and suggest future opportunities to further increase ridership.
This may include technology investments that enhance the general rider experience.A comprehensive list of marketing
strategies and best practices will be developed to:
• Improve communication to existing customers
• Increase participation in future feedback forums
® Better promote existing and planned services to the community
• Attract new customers,particularly"choice riders"
We will also recommend specific changes to the transit guide,bus stop signage,and branding.Our staff is also capable of
producing new logo design concepts.
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5.3 Financial Plan
This subtask includes the development of a financial plan that projects expenses.This subtask will also consider potential new
sources of revenue.
The financial plan will present operating and capital cost projections in each of the following categories:
® Operating costs by service category(paratransit and fixed-route)
• Vehicle acquisition and capital costs
• Availability of operating funds and passenger revenues by service category
• Potential availability of new funding sources,including operating revenues,and discretionary capital revenues
We will work closely with staff during the financial planning process.The plan will reflect realistic projections and viable
opportunities for new funds.The financial plan will include all expenditures and revenues in a single table.
6.2 Draft Plan
In this final task,we will produce a Draft Plan for the City of Pueblo.This plan will consist primarily of the individual chapters
developed as part of Tasks 1 through 5 including the financial and capital plans.Three hardcopies and one electronic version
in Word and PDF will be delivered for staff review.
6.3 Presentation to Pueblo City Council
Project Manager James Gamez will present the draft plan to the Pueblo City Council and any other requested committees or
audiences during the same visit.
14
6.4 Final Plan
Based upon one set of non-conflicting comments from staff,Nelson\Nygaard will revise the Draft Plan and produce a Final
Plan.We will deliver the final document(including all supporting analysis files)in five bound hardcopies and in an electronic
format in Word and PDF.
DELIVERABLES: Draft Plan
Presentation of Draft Plan
Final Plan
15
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