01-27-2017 Transit Service Agreement - Peak 1 ExpressA
Avon
Independent Contractor
Transit Service Agreement
This Independent Contractor Service Agreement ("Agreement") dated as of January 27, 2017, is
between the Town of Avon, a Colorado home rule community ("Town") and Peak 1 Express
("Contractor").
1. Services: Contractor agrees to provide services ("Services") as described in the proposal
("Proposal") attached to this Agreement. To the extent the provisions of this Agreement conflict with the
Proposal, the terms of this Agreement shall control. Contractor shall provide and complete the Services in
a workmanlike fashion. Contractor hereby warrants that it has the workforce, training, experience and
ability necessary to properly complete the Services in a timely fashion. Contractor will comply, and cause
all of its employees, agents and subcontractors to comply, with applicable safety rules and security
requirements while performing the Services. Contractor agrees to adjust hours and frequency of routes
based upon ridership as may be directed by the Town provided that the Guaranteed Payment defined in
Section 4 is not reduced.
2. Independent Contractor: The Contractor shall perform the Services as an independent
contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint
venture, employer/employee or other relationship with the Town other than as a contracting party and
independent contractor. The Town shall not be obligated to secure, and shall not provide, any insurance
coverage or employment benefits of any kind or type to or for the Contractor or the Contractor's employees,
sub -consultants, contractors, agents, or representatives, including coverage or benefits related but not
limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA);
workers' compensation; disability, injury, or health; professional liability insurance, errors and omissions
insurance; or retirement account contributions.
3. Insurance:
3.1. Minimum Amounts. The Contractor shall obtain and shall continuously maintain during the term
of this Agreement insurance of the kind and in the minimum amounts specified in this Section 3.1. The
Required Insurance shall be procured and maintained with insurers with an A- or better rating as
determined by Best's Key Rating Guide. All Required Insurance shall be continuously maintained to cover
all liability, claims, demands, and other obligations assumed by the Contractor.
The Contactor shall secure and maintain the following ("Required Insurance"):
A. Worker's Compensation Insurance in the minimum amount required by applicable law for all
employees and other persons as may be required by law. Such policy of insurance shall be endorsed
to include the Town as a Certificate Holder.
B. Comprehensive General Liability insurance with minimum combined single limits of One Million
Dollars ($1,000,000.00) Dollars each occurrence and of Two Million Dollars ($2,000,000.00) aggregate.
The policy shall be applicable to all premises and all operations of the Contractor. The policy shall
Independent Contractor Agreement Form
Page 1 of 5
include coverage for bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall contain a severability of
interests provision. Coverage shall be provided on an "occurrence" basis as opposed to a "claims
made" basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the
Town, and its elected officials, officers, employees and agents as additional insured parties.
C. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily
injury of not less than of One Hundred Thousand Dollars ($100,000.00) each person and each accident
and for property damage of not less than Fifty Thousand Dollars ($50,000.00) each accident with
respect to each of the Contractor's owned, hired and non -owned vehicles assigned to or used in
performance of the Services. The policy shall contain a severability of interests provision. Such
insurance coverage must extend to all levels of subcontractors. Such coverage must include all
automotive equipment used in the performance of the Agreement, both on the work site and off the
work site, and such coverage shall include non -ownership and hired cars coverage. Such insurance
shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials,
officers, employees and agents as additional insured parties.
3.2. Additional Requirements for All Policies
insurance by this Section 3. INSURANCE and its
following:
In addition to specific requirements imposed on
subsections, insurance shall conform to all of the
A. For both Contractor Insurance and Required Insurance, all policies of insurance shall be
primary insurance, and any insurance carried by the Town, its officers, or its employees shall be
excess and not contributory insurance to that provided by the Contractor; provided, however, that the
Town shall not be obligated to obtain or maintain any insurance whatsoever for any claim, damage, or
purpose arising from or related to this Agreement and the Services. The Contractor shall not be an
insured party for any Town -obtained insurance policy or coverage.
B. For both Contractor Insurance and Required Insurance, the Contractor shall be solely
responsible for any deductible losses.
C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or
property damage arising from completed operations.
D. For Required Insurance, every policy of insurance shall provide that the Town will receive
notice no less than thirty (30) days prior to any cancellation, termination, or a material change in such
policy.
3.3. Failure to Obtain or Maintain Insurance. The Contractor's failure to obtain and continuously
maintain policies of insurance in accordance with this Section 3. INSURANCE and its subsections shall not
limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the
Contractor arising from performance or non-performance of this Agreement. Failure on the part of the
Contractor to obtain and to continuously maintain policies providing the required coverage, conditions,
restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which
the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew
any such policy or any extended reporting period thereto and may pay any and all premiums in connection
Independent Contractor Agreement Form
Page 2 of 5
therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon
demand by the Town, or at the Town's sole discretion, the Town may offset the cost of the premiums
against any monies due to the Contractor from the Town pursuant to this Agreement.
3.4. Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to
the Town certificates of insurance for all Required Insurance. Insurance limits, term of insurance, insured
parties, and other information sufficient to demonstrate conformance with this Section 5.0 INSURANCE
and its subsections shall be indicated on each certificate of insurance. Certificates of insurance shall
reference the Project Name as identified on the first page of this Agreement. The Town may request and
the Contractor shall provide within three (3) business days of such request a current certified copy of any
policy of Required Insurance and any endorsement of such policy. The Town may, at its election, withhold
payment for Services until the requested insurance policies are received and found to be in accordance
with the Agreement.
4. Payment: Payment for Services shall be due only after the Services are completed to the Town's
satisfaction and after Contractor has submitted an invoice for the amount due complete with the
Contractor's taxpayer identification number or social security number. Town shall pay Contractor within
thirty (30) days after an invoice in proper form is submitted to Town. In consideration for the services to be
performed by Contractor, Town agrees to pay Contractor a total of $34,020 as the "Guaranteed Payment"
during the term of the Agreement, as identified in Proposal, subject to the Town's right to terminate the
Agreement in Section 6.
5. Illegal Aliens: This Agreement is subject to the provisions of the Illegal Aliens -Public Contracts
for Services Act found at C.R.S. Section 8-17.5-101 et seq. By execution of this Agreement, Contractor
certifies that it does not knowingly employ or contract with an illegal alien who will perform work under this
Agreement and that Contractor will participate in either the E -Verify Program or Department Program in
order to confirm the eligibility of all employees who are newly hired for employment to perform work under
this Agreement. As used in this Section 5., "Department" means the Colorado Department of Labor and
Employment.
A. Specifically, Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or
(ii) Enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
this Agreement.
B. Contractor has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under this Agreement through participation in either the E -Verify
Program or Department Program.
C. Contractor shall use either the E -Verify Program or Department Program to undertake pre-
employment screening of job applicants while this Agreement is in effect.
D. If Contractor obtains actual knowledge that any of its subcontractors performing work under this
Agreement knowingly employs or contracts with an illegal alien, Contractor shall:
Independent Contractor Agreement Form
Page 3 of 5
(i) notify the subcontractor and Town, within three (3) days of discovery of such fact, that
Contractor has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
(ii) terminate the contract with the subcontractor if, within three (3) days of receiving the notice
required by subpart D.(i) above, the subcontractor does not stop employing or contracting with
the illegal alien; except that Contractor need not terminate the contract with the subcontractor
if, during such three (3) days, the subcontractor provides information establishing that the
subcontractor has not knowingly employed or contracted with an illegal alien.
E. Contractor shall comply with any reasonable request by the Department made in the course of an
investigation that the Department is undertaking pursuant to the authority established in C.R.S.
Section 8-17.5-102(5).
If Contractor violates any of the provisions of this Section 5., Town shall have the right to terminate
the Agreement for breach of contract and, in such case, Contractor shall be liable to Town for all
actual and consequential damages incurred by Town as a result of such breach and the
termination of this Agreement.
G. Town will notify the Office of the Secretary of State if Contractor violates this provision of this
Agreement and the Town terminates this Agreement for such breach.
6. Town Unilateral Termination: Town may terminate this Agreement immediately upon delivery of
written notice if Contractor fails to provide the Services in accordance with the terms of this Agreement.
7. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive,
limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials,
employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title
24, Article 10, Part 1 of the Colorado Revised Statutes.
8. Affirmative Action: Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to
ensure applicants are employed, and employees are treated during employment without regard to their
race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
9. Limitation of Damages: The parties agree that Contractor's remedies for any claims asserted
against the Town shall be limited to proven direct damages in an amount not to exceed payment amounts
for Services due under the Agreement and that Town shall not be liable for indirect, incidental, special,
consequential or punitive damages, including but not limited to lost profits.
10. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and
against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees,
arising out of the performance of the Services, provided that any such claim, damage, loss or expense is
caused by any negligent act or omission of Contractor, anyone directly or indirectly employed by Contractor
Independent Contractor Agreement Form
Page 4 of 5
or anyone for whose acts Contractor may be liable, except to the extent any portion is caused in part by a
party indemnified hereunder.
11. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be
in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to
expedite the resolution of disputes under this Agreement, the parties hereby waive any and all right either
may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement.
The parties agree that the rule that ambiguities in a contract are to be construed against the drafting party
shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this
Agreement and any exhibit or attachment, the language of this Agreement shall govern.
AGREEMENT READ, UNDERSTOOD AND APPROVED:
TOWN OF AVON CONTRACTOR
BY: W e
Virginia Egger, Tow M er
Independent Contractor Agreement Form
Page 5 of 5
BY: G%j
Brandon Go ki, Peak 1 Express
PROPOSAL
Proposal for Avon Supplemental
Transit Services
peak
exrw *-> *-.,v
V
Submitted 1/24/17
Brandon Gonski
About Peak 1 Express
Peak 1 Express opened in 2011 as a shared ride transportation company based out of Breckenridge, CO
with the mission to provide a premium product at the lowest price. A focus on guest service is at the
center of our mission. We began providing door to door airport transportation during the ski season to
guests and locals of Summit County and have expanded our services significantly in the past 6 years. We
now offer year-round service to and from Summit and Eagle County communities to the Eagle County
Regional Airport, Vail Valley Jet Center and Denver International Airport.
Our commitment to guest service is what sets us apart. We were the first local airport shuttle operator
using Mercedes Sprinter vans; though at a greater expense, the Sprinter provides a much more
comfortable experience for all guests, is a safer vehicle than the traditional 15 passenger van and is a
more environmentally friendly vehicle. Now, 5 years later, the Sprinter is the standard shuttle in the 170
corridor. We understand the time and effort required to train quality, safety -conscious and service-
oriented staff, and we put that effort into every one of our staff; from drivers and reservations agents to
our top managers. Our commitment to service was acknowledged by GoBreck in late 2015 as one of the
One Breckenridge Service Champions. As well as 3 of our managers have attended the Guest Service
Influencer training through One Breckenridge.
We are in our third full year in Eagle County and have settled into our offices on Metcalf road. We are
proud to be training and providing year-round employment for a staff of over 25 local community
members.
As a locally owned provider, we value our community and emphasize giving back. We are members of
the Eagle Air Alliance and Vail Valley Partnership and are excited for another opportunity to participate
in the community. We look forward to opportunities to give back as we continue to establish ourselves
in Avon.
Location:
Peak 1 Express is located at 411 Metcalf Rd. Avon, CO
Fleet:
We have a fleet of 24 Mercedes Sprinter vans. All vans are configured to hold 14 passengers plus the
driver in a 3,3,3,4 bench seat configuration (see photos below) with a hitch -mounted, basket -style ski
rack on the back. This fleet is supplemented by up to 10 Ford E350 15 passenger vans in a 10 passenger
3,3,3 bench configuration. Peak 1 Express does all routine maintenance at its Avon location resulting in
low downtime. We have a relationship with the Town of Avon Maintenance department for work we
cannot do in-house and a longstanding relationships with several Mercedes specialized service centers
for any maintenance or issues that cannot be prevented or resolved in-house. All service is done ahead
of manufacture recommended intervals.
All vans are 2 -wheel drive but are outfitted with winter tires and carry chains for use when necessary.
The Sprinter vans have demonstrated themselves to be very capable winter vehicles over the past 6
years.
The above referenced fleet will serve as a back-up to the vehicles intended for the proposed fixed route
service.
If awarded this contract Peak 1 Express will acquire a people mover -style vehicle and service this route
with a combination of our Sprinters and 15 passenger people mover for this service. This will be a van
with a plug door operated electronically from the driver seat with a 2-1 bucket seat configuration (see
photo below)
All of Peak 1 Express' vehicles are outfitted with 2 -way, Sprint, push -to talk -devices and GPS tracking
software to ensure consistent communication with dispatch.
We are happy to work with the Town of Avon to provide any tracking information necessary. If this pilot
program develops further, we would be open to adding equipment as needed to integrate with Avon
Transit to provide the most seamless guest experience possible.
All photos are used with permission for the purpose of this proposal, any additional use is not authorized.
Staff:
We employ a 24-hour dispatch staff during the proposed service dates. This staff is constantly
monitoring vehicles and in constant communication with all drivers on the road. Additionally, we have 2
overnight Supervisors and 4 Operations Managers overseeing all aspects of day-to-day operations.
Our sales department handles any guest questions or service issues and are trained on most aspects of
operations.
We have a staff of more than 50 drivers that service our shared ride and charter airport services and will
be capable of servicing the Wildridge connection and In -Town Valley Floor route. However, in order to
best service this we will hire 3-5 drivers specifically for this service.
All of us are aware that staffing will be the biggest hurdle to any company successfully servicing this
contract. It is certainly our biggest concern. However, we believe that we have an advantage over other
companies here. We have a quality company culture that attracts quality but we are also uniquely
positioned to be an employer for drivers who do not yet have a CDL, want to work in Avon, and avoid
170. All drivers will also receive an EPIC Merchant Pass, signing bonus, and end of season completion
bonus.
With all of these recruiting and retention strategies we would also request that the Town of Avon share
its resources and strategies related to driver hiring.
We are confident in our ability to hire these drivers.
Description of Services:
Dates of Service: February 8, 2017 to April 2, 2017
Peak 1 Express (We) will provide a fixed route service in the valley floor on a schedule determined by
Avon from the hours of 6:00 PM to 11:00 PM 7 days per week during the service period.
Stops, as described in the RFP, will include:
:00 Westgate Plaza
:02 Aspens Mobile Home Park
:07 Avon Station
:15 Eagle Bend Apartments
:25 Walmart
:35 Buffalo Ridge Apartments
:45 Avon Station
Repeating hourly between 18:00 and 23:00
Additionally, a service would be provided for skier shuttle services from the Wildridge area.
7 Days a week between 08:00 and 09:00 and 15:25 and 16:25
The below schedule matches the schedule outlined in the RFP. I would however like to discuss the small
inconsistencies between the morning and afternoon travel times prior to beginning service.
08:00 Nottingham Road Bus Shelter at Buck Creek Road
08:04 Nottingham Road at Metcalf Road intersection
08:08 Metcalf Road at Wildwood Bus Shelter
08:10 Wildridge Road at Old Trail Intersection
08:12 O'Neill Park
08:21 Avon Station
Repeating once
15:25 Avon Station
15:30 Nottingham Road at Buck Creek Road
15:34 Nottingham Road at Metcalf Road Intersection
15:38 Metcalf Road at Wildwood Bus Shelter
15:40 Wildridge Road at Old Trail Intersection
15:42 O'Neill Park
15:55 Avon Station
Repeating once
We request additional signage at each location noting the stop and naming to match the signage on the
vehicle being used for this service. Peak 1 Express is happy to label vehicles however desired by the
town. We also request a site visit to confirm desired location of each stop.
Ridership would be collected and could be reported to the town weekly via a live, cloud -based
document and viewed by a designated user from the Town of Avon. A sample document is included
below however we are happy to collect data in whatever format desired if it can be done safely and in a
timely fashion by the driver operating the route. Ridership would be collected at each stop. Weekly
ridership numbers would be compiled and recorded in the online document by Wednesday of each
week.
RT #
Avon Valley Floor
Date
Starting
Fuel
Miles
Ending Miles
Used
Schedule
Time
Stop
#
Stop Name
18:00
19:00
20:00
21:00
22:00
23:00
1
Westgate Plaza
:00
0
Aspens Mobile
2
Home Park
:02
0
3
Avon Station
:07
0
Eagle Bend
:15
4
Apartments
0
5
Walmart
:25
0
Buffalo Ridge
:35
6
Apartments
0
7
Avon Station
:45
0
1
Westgate Plaza
:00
0
Aspens Mobile
2
Home Park
:02
0
3
Avon Station
:07
0
Eagle Bend
4
Apartments
:15
0
5
Walmart
:25
0
Buffalo Ridge
:35
6
Apartments
0
7
Avon Station
:45
0
1
Westgate Plaza
:00
0
Aspens Mobile
2
Home Park
:02
0
3
Avon Station
:07
0
Eagle Bend
4
Apartments
1 5
0
5
Walmart
:25
0
Buffalo Ridge
:35
6
Apartments
0
7
Avon Station
:45
0
Grand
Total
0
0
0
0
0
0
References:
Peak 1 Express began providing a service to the Town of Breckenridge as a 15.5 hour per day supplement to the
Breckenridge Free Ride to expand the service area. This service began December 10th, 2016 and runs until April
27th, 2017 under a 2 -year contract to resume services December 2017.
Ridership has been good. James Phelps was the point person for Town of Breckenridge in developing this service
and can attest to Peak 1 Express' ability to respond to feedback, the needs of the Town, and weather and road
conditions. We have had very little down-time and are pro -active to remedy any situation as well as communicate
issues to our staff to be relayed to customers relying on this transit.
James Phelps
Director of Public Works
Town of Breckenridge
970.453.3181
Jamesp@townofbreckenridge.com
Great Western Lodging is a property management company we have worked with for several years. Transporting
their clients to and from DIA.
V. Peyton Rogers
Director of Sales
(970) 771-3305
Peyton@gwlodging.com
Ski.com and Snowventures works with transportation services in resort destinations across the globe on a very
large scale. Peak 1 Express has worked with Ski.com as a contract provider of services for their clients. These
services range from shared ride airport shuttles to custom private car itineraries. Randall can speak to our
reliability consistent guest service and commitment to provide the best possible experience for the guest.
Randy Howard
800.845.7157
970.390.4706
Ski.com
Insurance and Licensing:
Peak 1 Express is registered with the DOT, FMCSA and PUC:
LL02058
DOT2063102
M C722084
Insured by National Casualty with $1.5M liability/occurrence
Thank you for the opportunity and your consideration. I know that Peak 1 Express will be the best
possible provider for this service. Of all options you consider I am confident that we bring the
experience to best integrate with the existing services in Avon and provide a seamless experience for
the guests. That seamlessness will result in fewer questions and headaches for the Town and result in
higher ridership numbers than a potentially lower cost option that is not consistent with the feel of Avon
Public Transit.
I am always very cautious to enter any new business or introduce any new product. There is only one
opportunity to do it right. I would not submit a bid for this service if I was not confident that I could
provide the highest quality service.
I sincerely hope that this service improves the experience for the residents and guests of Avon while
increasing the awareness and use of public transit.
$90/h r
While quoted in an hourly format Peak 1 Express would need a
contract and guarantee of payment for the full term of the
contract; 7 hours per day for 54 days
$34,020
Any questions or clarification should be directed to
Brandon Gonski
General Manager
Peak 1 Express
o. 970.760.0174
c. 406.396.6455
e. brandon@peaklexpress.com
Avon
COIOAADO
AMENDMENTS TO THE
2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT
THESE AMENDMENTS ("Amendments") to the 2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT, dated
January 27, 2017 ("Agreement"), by and between the Town of Avon ("AVON"), a home rule municipality of the State of
Colorado, with its principal offices at One Lake Street, Avon, Colorado, 8162o and PEAK ONE EXPRESS, hereinafter referred to
as "PEAK ONE",a shared ride transportation company with its principal offices at 116 Huron Road, Breckenridge, CO 80424•
AMENDMENTS
1. PEAK ONE and AVON, during a phone call on February 7, 2017, mutually agreed to revisions to the Agreement. Sections
3.1 and 3.2 are hereby amended, with s4F'�ut indicating words which are deleted, to read as set forth in Attachment
A: Amendments to 2017 Independent Contractor Transit Service Agreement Sections 3.1 and 3.2, attached hereto.
2. PEAK ONE and AVON, during a meeting on February 2, 2017, mutually agreed to new schedules for the services in the
Agreement, as described in Attachment B.
3. All other terms of the Agreement shall remain in full force and effect.
TOWN OF AVON �j PEAK ONE EXPRESS
By: � Lc tvjz a [����.P1� ��7r' Feb. 7, 2017 By: r /� Feb. 7, 2017
VKginia C. Egger,f own Manager Brandononski
AMENDMENTS to 2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT
Page 1 of 3
ATTACHMENT A: AMENDMENTS TO 2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT SECTIONS 3.1 AND 3.2
3.1. Minimum Amounts. The Contractor shall obtain and shall continuously maintain during the term of this Agreement
insurance of the kind and in the minimum amounts specified in this Section 3.1. The Required Insurance shall be procured and
maintained with insurers with an A- or better rating as determined by Best's Key Rating Guide. All Required Insurance shall be
continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor.
The Contactor shall secure and maintain the following ("Required Insurance"):
A. Worker's Compensation Insurance in the minimum amount required by applicable law for all employees and other
persons as may be required by law. Such policy of insurance shall be endorsed to include the Town as a Certificate
Holder.
B. Comprehensive General Liability insurance with minimum combined single limits of One Million Dollars
($1,000,000.00) Dollars each occurrence and of Two Million Dollars ($2,0oo,000.00) aggregate. The policy shall be
applicable to all premises and all operations of the Contractor. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury (including coverage for contractual
and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy
shall contain a severability of interests provision. Coverage shall be provided on an "occurrence" basis as opposed
to a "claims made" basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the
Town, and its elected officials, officers, employees and agents as additional insured parties.
C. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury of not less
than of One Hundred Thousand Dollars ($loo,000.00) each person and each accident and for property damage of
not less than Fifty Thousand Dollars ($50,000.0o) each accident with respect to each of the Contractor's owned;
hiFed and nen ewned vehicles assigned to or used in performance of the Services. The policy shall contain a
severability of interests provision. Such insurance coverage must extend to all levels of subcontractors. Such
coverage must include all automotive equipment used in the performance of the Agreement, both on the work site
and off the work site, and such coverage shall include non -ownership and hired cars coverage. Such insurance shall
be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers,
employees and agents as additional insured parties.
3.2. Additional Requirements for All Policies. In addition to specific requirements imposed on insurance by this Section 3.
INSURANCE and its subsections, insurance shall conform to all of the following:
A. For both Contractor Insurance and Required Insurance, all policies of insurance shall be primary insurance, and any
insurance carried by the Town, its officers, or its employees shall be excess aFid not cenWbUtefy insurance to that
provided by the Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any
insurance whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the
Services. The Contractor shall not be an insured party for any Town -obtained insurance policy or coverage.
B. For both Contractor Insurance and Required Insurance, the Contractor shall be solely responsible for any
deductible losses.
C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or property damage
arising from completed operations.
D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no less than thirty
(3o) days prior to any cancellation, termination, or a material change in such policy.
AMENDMENTS to 2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT
Page 2 of 3
ATTACHMENT B
z017 Winter Pilot - Wndrkige Express
2017 Winter Pnot - Night Rider
6:00 -11:00 PM
Metcalf and Buck Geek Shelter
8:00
O'Ne8 Park
Westgate Plaza
18:00
18.6
19:12
19:48
20:2
21:00
21.6
x2:1x
2r 8
The As ns MHP
18:01
18:7
1q:13
1
20:2
21:01
21.-37211
8:51
Aftarrwon - o • o PM
West BC Blvd
18:02
18.8
t :t
19:50
20:26
21:02
21.8
22:1
22:50
Stone Creek
18:0
18
19'15
19:51
20:2
21:0
21:
22:1
22:51
Buck Creek
18:
18:41
19"7
1
20:2
21:0
21:41
22:1
22:53
Lake Street
18:o6
i8:4z
1 :18
19:54
20:0
21•.06
21:42
22:18
22:
Avon Station
18:07
18•
19:i
1
20.1
21:0
214
22:1
:55
Northslde Kitchen
18:10
18:46
19:22
1 : 8
20:
21:10
21:46t22:
22:
Buffalo Ridge West
18:1
18
19:25
20:01
20:
21:1
21
23:01
Buffalo Ridge East
18:1
i8.5o
1 26
20:02
20:38
21:1
21:0
23:02
Walmart
18:18
18.
1930 o
zo:o6
20:42
21:18
21:
ANB Bank
1822
18 8
1
20:10
20 6
2122
21:8
Christy Lode
18:2
1q:("
1
20:1
20
21:2
22-01
22:37
Eagle Bend West
1828
19-04
19:40
20:16
20:
2128
22:0
12 :40
Eagle Bend East
18:29
1 :0
1q:41
zo:1
20:53
2x:0
22. 1
Eagle Bend @ HWY 6
18.0
1g -o6
19:4 z
20:18
20:
xr. o
z2:o6
22- z
Eagle Bend on HWY 6
18:2
19:011
1 •
2020
2o,56
21:32
zz:08
22•
River Edge H 6
18.
1 no
i 6
2azz
20:8
21:
22:10
22 6
z017 Winter Pilot - Wndrkige Express
Morn-&oo- 9mo AM
Metcalf and Buck Geek Shelter
8:00
O'Ne8 Park
8:0
Bear Trap and WBdrid a Road
8:08
Nottingham Cul4e-sac
8:15 1
Avon Station
821
Northside Kitchen
8:2
Metcalf and Buck Creek Shelter
8.30
O'Neil Park
8: 35
Bear Trap and Wilddd a Road
8:39
NotUrighamCuldesac
8:46
Avon Station
8:51
Aftarrwon - o • o PM
Avon Station
Northside Kitchen
N'SA,
Metcalf and Buck Creek Shelter
O'Neill Park
8ear Trap and Wildrid a Road
1
Nottingham Cul-de-sac
15:52
Avon Station
15:56
Northside Kitchen
/6:00
Metcalf and Buck Creek Shelter
16:06
O'Ne8 Park
1601
Bear Trap and Wliddd a Road
16:1
Nottingham Cul-de-sac
1621
AMENDMENTS to 2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT
Page 3Of3
Avon
COLORADO
AMENDMENT#2 TO THE
2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT
THIS z"a AMENDMENT ("Amendment") to the 2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT, dated
March 6, 2017 ("Agreement"), by and between the Town of Avon ("AVON"), a home rule municipality of the State of Colorado,
with its principal offices at One Lake Street, Avon, Colorado, 81620 and PEAK ONE EXPRESS, hereinafter referred to as "PEAK
ONE",a shared ride transportation company with its principal offices at 116 Huron Road, Breckenridge, CO 80424•
AMENDMENT
PEAK ONE and AVON, during a phone conference on Thursday, March 2, 2017, mutually agreed to changes for both the Wildridge
Express service and Night Rider schedules for the services, as follows:
1. On March 3, 2017, 31 days of service remains in the Agreement.
z. Due to low ridership between the service hours of 1o:oo and 11:00 p.m., the Night Rider shall end service at 1o:oo p.m.
beginning on March 3, 2017. This will make 31 hours of contracted service, at a rate of $9o.00 per hour, available to support
the Wildridge Express as described in paragraph 3 below.
3. Due to low ridership during all service hours provided on the Wildridge Express, the Wildridge Express shall end all service
beginning on March 3, 2017. This will make 62 hours of contracted service, at a rate of $90 per hour, available to support
new on -demand services on Wildridge Express, beginning on March 8, 2017. The new on -demand service shall operate
under the following guidelines:
3.1 On -demand service for Wildridge addresses shall be provided from 8:oo — 9:30 a.m. and from 4:00 — 5:30 p.m.
3.2 A rider may reserve one or more one-way rides at any time through a dedicated Peak One Dispatch phone number,
which will be provided to the Town not later than Tuesday, March 7, 2017.
3.3 A one-way ride will be to -or -from a residential or commercial address to -or -from the Avon Station bus shelter.
3.4 If on -demand reservations exceed the hours of operations provided, riders shall be informed the "service is full for the
day".
3.5 All on -demand rides shall be free to the rider and drivers shall not accept tips for the ride.
3.6 PEAK ONE will collect daily ride data and report as stated in the Agreement.
3.7 AVON shall be responsible for all marketing of the on -demand service.
4. All other terms of the Agreement shall remain in full force and effect, including but not limited to provisions concerning
insurance and indemnification.
TOWN OF AVON
Virginia C. Egger, To onager
Date: 3'
PEAK ONE EXPRESS
By: 4L
Brandon Go ski
Date: 3/7/17
AMENDMENT#2 to 2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT
Page 1 of 1
Avon
00LOAA60
AMENDMENT #3 TO THE
2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT
THIS 3RD AMENDMENT ("Amendment") to the 2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT, dated
March 30, 2017 ("Agreement"), by and between the Town of Avon ("AVON"), a home rule municipality of the State of
Colorado, with its principal offices at One Lake Street, Avon, Colorado, 8162o and PEAK ONE EXPRESS, hereinafter referred to
as "PEAK ONE",a shared ride transportation company with its principal offices at116 Huron Road, Breckenridge, C080424.
AMENDMENT
PEAK ONE and AVON, during a phone conference between Eva Wilson, Town of Avon Transportation Director, and Brandon
Gonski, Peak One Express, on Wednesday, March 29, 2017, mutually agreed to the following changes:
1. Wildridge Express services will end on April 2, 2017, as stated in the Agreement.
2. Night Rider services shall continue to operate beginning on April 3, 2017, and ending on April 16, 2017.
2.1 Routes and hours shall remain as agreed to in Amendment #2 to the 2017 Independent Contractor Transit
Service Agreement.
2.2 The period of service equals 14 days.
3 Total cost for the service shall be $5,880.00.
3. All other terms of the Agreement shall remain in full force and effect, including but not limited to provisions concerning
insurance and indemnification.
TOWN OF AVON
By:
Virginia C. Egger,o n anJager
Date: 3 / / 1 %
PEAK ONE EXPRESS
By:
Brandon G ski
Date: 3/31/17
AMENDMENT#3 to 2017 INDEPENDENT CONTRACTOR TRANSIT SERVICE AGREEMENT
Page 1 of 1