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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