EX24059_Nelson_Nygaard_East_Colfax_final.doc.pdf

Contractor services agreement by and between the

Denver Regional Council of Governments 1001 17th Street, Suite 700 Denver, Colorado 80202

(“DRCOG”)

and

Nelson\Nygaard Consulting Associates, Inc.

475 Lincoln Street, Suite 100

Denver, Colorado 80203

(“CONTRACTOR”)

Project number Contract number

370024 EX24059

Recitals:

A. DRCOG desires to engage the Contractor for the purpose of providing East Colfax Extension Bus Rapid Transit Alternatives Analysis Study.

B. Contractor represents that it has the special expertise, qualifications and background necessary to complete the Services.

1. Terms:

1.1 Scope of services

Contractor shall provide the Services as described in the attached Exhibit A (“Services”), which is incorporated herein by reference. In its sole discretion, DRCOG may contract with other Contractors to provide the same or similar services during the term of this Agreement.

1.2 Term

The term of this Agreement shall commence upon execution and shall end March 28, 2026.

No work shall commence and no costs shall be incurred prior to the execution of this Agreement, as reflected by the execution date herein.

1.3 Termination breach

1.3.1 Termination of agreement for cause

If through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, DRCOG shall thereupon have the right to terminate this Agreement by giving written notice to the Contractor of such termination which shall be effective upon receipt of the written notice. In that event, all finished or unfinished

Docusign Envelope ID: 1517D435-8684-478B-A586-73344C032EBF documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this Agreement shall, at the option of DRCOG, become its property, and subject to DRCOG's right of setoff, the Contractor shall be entitled to receive compensation for any satisfactory work completed on such documents or other materials which were completed to the satisfaction of DRCOG.

Notwithstanding the above, the Contractor shall not be relieved of liability to DRCOG for any damages sustained by DRCOG by virtue of any breach of the Agreement by the Contractor, and DRCOG may withhold all payments to the Contractor for the purpose of setoff for damages due DRCOG.

1.3.2 Termination for convenience of DRCOG

DRCOG may terminate this Agreement at any time by giving 30 days written notice to the Contractor of such termination, which shall be effective upon receipt of the written notice. In that event, all finished or unfinished documents and other materials shall, at the option of DRCOG, become its property. If the Agreement is terminated by DRCOG as provided herein, the Contractor will be paid for services satisfactorily rendered through the date of termination in accordance with the tasks and rates set forth in Exhibit B.

1.3.3 Termination due to loss of funding

The parties hereto expressly recognize that the Contractor is to be paid, reim-bursed, or otherwise compensated with funds provided to DRCOG for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands, and claims to compensation arising under this Agreement are contingent upon receipt of such funds by DRCOG. In the event that such funds or any part thereof are not received by DRCOG, DRCOG may immediately terminate this Agreement without liability, including costs for termination.

2. Payment

The total cost of the Agreement shall not exceed Nine Hundred Ninety-Nine Thousand Nine Hundred Ten Dollars ($999,910.00). The Contractor shall submit monthly invoices to DRCOG’s Accounting Department for services rendered and expenses incurred both referenced by task and only in conformity with the project budget attached hereto (Exhibit B). The foregoing amounts of compensation shall be inclusive of all costs of whatsoever nature associated with the Contractor’s efforts, including but not limited to salaries, benefits, overhead, administration, profits, and expenses. To be considered for payment, invoices for payment pursuant to this Agreement must be received within 30 days after the period for which payment is being requested and final billing on the Agreement must be received within 30 days after the end of the Agreement term. DRCOG agrees to pay Contractor each month into the bank account designated by Contractor via Electronic Funds Transfer (EFT) upon approval of invoices during regularly scheduled payment cycles.

3. Allowable costs

Contractor shall only be reimbursed for costs incurred for the performance of this Agreement which are determined by DRCOG to be allowable, allocable, and reasonable in accordance with the following Federal cost principles: as from time to time amended: 2 C.F.R. Part 220 (OMB Circular A-21); 2 C.F.R. Part 225 (OMB Circular A-87), 2 C.F.R. Part 230 (OMB Circular A-122); and Federal Acquisition Regulations at 48 C.F.R. Part 31.2, whichever may apply.

a. Expenses shall not exceed U.S. General Services Administration (“GSA”) per diem rates available at: http://www.gsa.gov/portal/content/104877.

b. Reimbursement for automobile travel shall be at the prevailing State rate on the effective date of this contract. Car rental costs shall be reimbursed only when pre-approved by DRCOG.

c. Air travel must be pre-approved by DRCOG. All air travel must be at the lowest, reasonably available coach fare. First class or business class travel is not authorized.

4. Use of funds

Contractor shall use funds only for eligible costs identified herein and/or in the Project Budget, Exhibit B. Contractor may adjust budgeted expenditure amounts up to 10% between line items of said Budget without approval of DRCOG. Budget line item adjustments exceeding 10% must be submitted in advance of actual expenditure and receive written approval by DRCOG’s appointed Program Manager, or other representative as DRCOG may designate. Approval may be transmitted informally by email or such other means that does not rise to the level of an amendment to this Agreement. Budget adjustments shall not increase DRCOG’s total consideration beyond the maximum amounts designated in Section 3 without an amendment to this Agreement.

5. Assurances

In addition to all other obligations contained herein, Contractor agrees: (a) to accurately proceed with diligence and promptness and to perform the Services in accordance with the highest professional workmanship and service standards in the field to the satisfaction of DRCOG; (b) to produce work related to such Services that is free from any material errors or omissions; and (c) to comply, at its own expense, with the provisions of all state, local and federal laws, regulations, ordinances, requirements and codes which are applicable to the performance of the Services hereunder or to Contractor as an employer.

6. Inspection and audit

DRCOG and its duly authorized representatives shall have access to any books, documents, papers, and records of the Contractor that are related to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions.

7. Indemnification

Contractor agrees to indemnify and hold harmless DRCOG or any of its officers or employees from any and all claims, damages, liability, or court awards including attorney fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including, but not limited to, any person, firm, partnership, or corporation, to the extent caused by the negligent acts, errors or omissions http://www.gsa.gov/portal/content/104877 of Contractor or any of their employees, subcontractors or agents in performing work pursuant to this Agreement. Contractor shall investigate, handle, respond to, and provide defense for and defend against any such liability, claims, and demands. Contractor shall further bear all other costs and expenses incurred by DRCOG and Contractor related to any such liability, claims and demands, including but not limited to court costs, expert witness fees and attorney fees if the court determines that these incurred costs and expenses are related to such negligent acts, errors, and omissions or other fault of the Contractor.

Contractor’s indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of DRCOG.

8. Insurance

8.1 Coverage amounts

Contractor shall procure and maintain, and shall cause each subcontractor hired by Contractor to perform services under this Agreement pursuant to its’ obligations herein to procure and maintain, the minimum insurance coverages listed below. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured by Contractor to maintain such continuous coverage.

1) Workers’ Compensation in statutory limits.

2) Employer's Liability Insurance: $100,000/ each accident, $500,000/ disease -policy limit, and $100,000/ disease - each employee.

3) Comprehensive General Liability Insurance: $1,000,000/Occurrence

4) Automobile Liability or Hired & Non-Owned Vehicle Liability Insurance:

$1,000,000/each accident.

5) Professional Liability Insurance: $1,000,000/Occurrence.

8.2 Additional insured

DRCOG, its officers and employees are to be named as additional insured for both the Contractor's General and Automobile Liability policies under sections Certificate Holder and Description of Operations. In addition, the term of said Agreement and the contract number must be outlined under the Description of Operations. Said insurance will be required to be maintained in full force and effect during the term of the Agreement.

8.3 Coverage requirements

All coverages shall be continuously maintained from the date of commencement of services hereunder, and in the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured by the Contractor so as to maintain such continuous coverage. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. All insurance policies required hereunder shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against DRCOG, its agencies, institutions, organizations, officers, agents, employees and volunteers.

a. The insurance shall include provisions preventing cancellation without 30 days prior notice to DRCOG by certified mail or email notification.

b. The Contractor shall provide certificates showing adequate insurance coverage, as required above to DRCOG with the signed Agreement. No later than 15 days prior to the expiration date of any such coverage, Contractor shall deliver to DRCOG certificates of insurance evidencing renewals thereof.

Upon request by DRCOG at any other time during the term of this Agreement, Contractor, shall, within 10 days of such request supply to DRCOG evidence satisfactory to DRCOG or the State of compliance with the provisions of this Section.

c. If the Contractor is a “public entity” within the meaning of the Colorado Governmental Immunity Act, CRS 24-72-200.1, et seq., as amended (“Act”), the Contractor shall at all times during the term of this contract maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act.

9. Equal opportunity employer

Contractor will not discriminate against any employee or applicant for employment because of age 40 and over, race, sex, color, religion, veteran status, national origin, disability, genetic information, sexual orientation or any other status protected by applicable federal, state or local law. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to age 40 and over, race, sex, color, religion, veteran status, national origin, disability, genetic information, sexual orientation or any other status protected by applicable federal, state or local law.

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.

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity Laws.

Contractor shall comply with the appropriate areas of the Americans with Disabilities Act of 1990 as enacted and from time to time amended and any other applicable federal, state, or local laws and regulations.

The parties hereby incorporate the requirements of 41 C.F.R. § 60-1.4(a) and 29 C.F.R.

§ 471, Appendix A to Subpart A, if applicable.

This contractor and subcontractor shall abide by the requirements of 41 CFR 60- 300.5(a) and 41 CFR 60-741.5(a), if applicable. These regulations prohibit discrimination against qualified protected veterans and qualified individuals with disabilities, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and qualified individuals with disabilities.

10. Assignment

This Agreement shall not be assigned by Contractor without the prior written consent of

DRCOG.

11. Rights in data, documents, and computer software

Any software, research, reports, studies, estimates, data, photographs, negatives or other documents, plans, drawings, memoranda, computation sheets or materials prepared by the Contractor in the performance of its obligations under this contract shall be the exclusive property of DRCOG without restriction and all such materials shall be delivered by the Contractor to DRCOG at no further expense to DRCOG upon completion, termination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its writings for its personal files. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than the performance of Contractor’s obligations under this contract without the prior written consent of DRCOG. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works.

12. Report

Without limiting the foregoing, Contractor acknowledges that DRCOG is the owner of all final reports produced on behalf of DRCOG as part of this Agreement, whether produced by Contractor, any subcontractor of Contractor, or any other person or entity for whom Contractor is responsible. This includes all reports, whether they are produced for internal use by DRCOG or external use. All final reports, plans, specifications and other documents completed as a part of this Agreement, other than those exclusively used for internal use by DRCOG, will carry a notation identifying the preparer on the inside back cover of the report, as shown in the attached sample (Appendix A).

13. Notice

Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the first page of this Agreement, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed given two days after deposit in the United States mail.

14. Waiver

A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.

15. Governing law; venue

This Agreement shall be governed by the laws of the State of Colorado. Venue for any action relating to this Agreement shall be in the City and County of Denver, Colorado and federal district courts for the State of Colorado. Nothing herein shall preclude the parties from mutually agreeing to submit to arbitration or mediation to resolve a dispute arising hereunder.

16. Binding effect

This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein.

17. Subcontractors

Contractor may utilize subcontractors to assist with non-specialized works as necessary to complete projects provided that it first submits any proposed subcontractor and the description of their services to DRCOG for approval. DRCOG will not work directly with the subcontractors.

18. Independent contractor

The Contractor is an independent contractor and not an employee of DRCOG. As an independent contractor, Contractor and its employees are not entitled to workers' compensation benefits except as may be provided by the Contractor nor to unemployment insurance benefits unless unemployment compensation coverage is provided by the Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract relationship. The parties agree that the Contractor is free from the direction and control of DRCOG except such control as may be required by any state or federal statute or regulation, and that DRCOG does not require the Contractor to work exclusively for DRCOG; does not provide tools, training or benefits to the Contractor, and does not dictate the time of performance by the Contractor, except through a completion schedule. Contractor shall not create any indebtedness on behalf of DRCOG.

19. No third party beneficiaries

It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to DRCOG and Contractor, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party on such Agreement.

20. E-verify employment eligibility

Exhibit C, Executive Order 12989 requires that federal Contractors agree to verify employment eligibility of their employees using E-verify. It also requires federal Contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term. In addition, the new rule requires federal Contractors to confirm the employment eligibility of current employees who are “assigned to the federal contract” within the United States.

21. Entire agreement

This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect.

22. Debarment, suspension

By signing this Agreement, the Contractor represents that its organization and its principals are not suspended or debarred per federal requirements.

23. CORA disclosure

To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS § 24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS § 24-72-200.1, et seq., as may updated.

24. Confidential information – State records

Contractor shall comply with the provisions of this Section 25 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, any State records, personnel records, and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act, CRS.

§24-72-200.1 et seq.

a. Confidentiality. Contractor shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Contractor shall be immediately forwarded to

DRCOG.

b. Notification. Contractor shall notify its agents, employees, subcontractors, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information.

c. Use, Security, and Retention. Confidential information of any kind shall not be distributed or sold to any third party or used by Contract or its agents in any way, except as authorized by this Agreement or approved in writing by DRCOG.

Contractor shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Contractor or its agents, except as permitted in this Agreement or approved in writing by DRCOG.

d. Disclosure-Liability. Disclosure of State records or other confidential information by Contractor for any reason may be cause for legal action by third parties against

Contractor, DRCOG, the State or their respective agents. Contractor shall indemnify, save, and hold harmless DRCOG, the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to this Section.

25. Federal Requirements

Contractor shall at all times during the term of this Agreement strictly adhere to, and comply with, all applicable federal and state laws, and their implementing regulations, as they currently exist and may hereafter be amended, which are incorporated herein by this reference as terms and conditions of this Agreement. Contractor shall also require compliance with these statutes and regulations in subcontract agreements associated with this Agreement.

26. Authority

The undersigned signatories of Contractor represent that they have been duly authorized to execute this Agreement and have full power and authority to bind Contractor to the terms and conditions hereof, and certify that their signatures below, whether handwritten, electronic, or digital or submitted by facsimile or electronic mail are their own. Contractor further understands and agrees that no further certification authority or third party verification is necessary to validate any signature hereto and that the lack of such certification or verification will not in any way affect the enforceability of the Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the ________ day of __________________________, 20___ and acknowledge that electronic or digital signatures hereto are the legally binding equivalent to handwritten signatures.

DENVER REGIONAL COUNCIL NELSON\NYGAARD CONSULTING

OF GOVERNMENTS ASSOCIATES, INC.

By: By:

Douglas W. Rex, Executive Director Title:

ATTEST: ATTEST:

By: By:

Jenny Hunnings, Director Title:

Administration and Finance

Managing Director

24October

8th

Exhibit A: Scope of work

Overview

This scope of work includes the tasks required to support the Denver Regional Council of

Governments (DRCOG) on the development of an Alternatives Analysis (AA) study for an extension of the East Colfax Avenue Bus Rapid Transit (BRT) project. This scope is focused on a study that evaluates transportation options and enhancements for increasing transit capacity, specifically in the form of BRT investments, on the East Colfax Avenue corridor in the City of

Aurora between I-225 and E-470.

The purpose of the AA is to evaluate the preliminary benefits, costs, and impacts related to implementation of a BRT service along this portion of the East Colfax Avenue corridor. The study will evaluate options to integrate this BRT extension with the planned East Colfax Avenue

BRT project moving forward to construction between Denver’s Union Station and I-225/Colfax R

Line Light Rail Station in Aurora. The result of this study will be a locally preferred alternative

(LPA) for BRT improvements along this corridor as well as a “Routemap” that will outline the steps for implementation of the LPA. The study includes a review of existing conditions, technical analysis and conceptual engineering to support the comparison of alternatives, identification of environmental considerations, and public and stakeholder outreach.

Background

This project is one of 11 BRT corridors identified in DRCOG’s fiscally constrained 2050 Metro

Vision Regional Transportation Plan (2050 RTP). It is one of five BRT corridors identified for implementation by 2029 in the RTP. BRT investments, including the East Colfax Avenue corridor, are included in the Colorado Department of Transportation’s (CDOT’s) 10-year transportation plan to support state greenhouse gas targets and federal air quality conformality requirements.

DRCOG is the primary project manager and funding source for this study and will be directing the work tasks outlined in this scope. In addition, DRCOG will lead coordination efforts between the City of Aurora, CDOT, the Regional Transportation District (RTD), and all other relevant project partners during the project.

Study Area

This project will be located along East Colfax Avenue in the City of Aurora, with the study area’s termini beginning at I-225 and ending at approximately E-470, though the exact end point will need to be decided as part of this study. The corridor’s study area will encompass roughly a one-half mile radius surrounding East Colfax Avenue.

Project Management Structure

DRCOG and the consultant team will work closely to manage the project. The following management teams will meet throughout the duration of the project to ensure that key decisions are being made to support project process.

Group Participants Anticipated Meeting

Cadence

Core Management

Team (CMT)

DRCOG PM, Consultant PM and

DPMs

Technical leads and project partners invited as needed based on agenda and key topics for discussion

Bi-Weekly

Project Leadership

Team (PLT)

Core Management Team

Staff representatives from City of

Aurora, CDOT, RTD, Adams County, Arapahoe County

Monthly

Executive Steering

Committee

Project Leadership Team

Executive level representatives from

DRCOG, City of Aurora, CDOT, RTD, Adams County, Arapahoe County

Quarterly

Exclusions

This study is intended to be the first step of the project development process for this corridor.

While this AA will position the project for future action through NEPA, this specific effort will be limited to this scope of work as described in this document. The consultant work specifically will not include the following actions:

Work to be completed in a future phase:

Completion of National Environmental Policy Act (NEPA) process and approvals.

Development of Preliminary Engineering plans with a design level of over 15%.

Any activities related to the physical construction of transit-related improvements.

Work that may be completed during this phase of the project but would be completed by

DRCOG or other project partners and not the consultant team. Results and analysis from these activities could be incorporated into the project report as directed by DRCOG.

Traffic micro-simulation.

Any activities located outside of the project area defined in this Scope of Work.

Plan recommendations that include roadway expansion.

Media monitoring, messaging, and engagement (will be provided by DRCOG).

Responding to public inquiries received through project e-mail address (will be provided by DRCOG). The consultant team will support development of content for the responses.

Ridership forecasting (will be provided by DRCOG or RTD).

Scope

The scope of this consultant project includes seven tasks described in this section. This scope includes a budget and schedule that are aligned with the tasks described here. Note that an updated project schedule will be completed at the beginning of the project to align the start with the Notice to Proceed (NTP) date and that schedule may include refinements that arise through the development of the project management plan.

Task 1: Project Management and Coordination

Task 1 includes five subtasks associated with overall project initiation, stakeholder coordination, and ongoing management to ensure that the project is set up to be delivered in an efficient manner. Task 1 will be ongoing throughout the duration of the project.

1.1 Project Kick-Off

Project kick-off includes the following tasks that will be coordinated closely with the DRCOG

PM.

Initial project leadership team (PLT) meeting to discuss project protocols that will inform the project management plan (PMP)

Set-up of a project SharePoint site that will be used for team collaboration, file management, and document sharing

Development of an initial project calendar including anticipated schedule for Core

Management Team, Project Leadership Team, Steering Committee, and Public

Outreach meetings.

1.2 Project Management Plan (PMP)

One of the first steps in the project will be to develop a project management plan (PMP) in coordination with the DRCOG project manager. The PMP will serve as the guide for completing the AA process and it will be a living document that can be amended if needed to ensure that it is meeting the needs of the project and incorporating any significant process changes that develop during the planning process.

The PMP will address the following:

Project coordination protocols including meeting cadence and norms. This will include plans for how often the core project management team will meet as well as a general outline for how often the project leadership and executive oversight teams will meet.

o It will provide general guidelines on how often the meetings will be held in-person versus remote via Microsoft Teams.

o This section will also establish guidelines for preferred communication channels among the project team, for example, if there is a preference to email or primarily communicate on a Microsoft Teams channel.

Data sharing and document review processes including consideration for how documents will be shared with project stakeholders for review and comment.

Project schedule and key milestones

Overall stakeholder engagement strategy including cadence and key milestones for the project leadership and executive oversight teams

Invoicing and progress reporting procedures

1.3 Project Chartering

The consultant team will facilitate the chartering session with the Steering Committee to align project outcomes and goals, roles and responsibilities, and communications protocols. Based on the conversations at the meeting, the team will develop and distribute two key documents that will guide the project process.

1. A project charter that includes an overview of the project goals and objectives, scope, and project partners/stakeholders.

2. A decision-making framework that outlines process and decision-makers for key project issues.

1.4 Project Meetings

The consultant team will support bi-weekly Core Management Team (CMT), monthly Project

Leadership Team (PLT), and quarterly Executive Steering Committee meetings.

The consultant team will develop agendas and distribute meeting notes for the PLT and Executive Steering Committee meetings.

A standing agenda will be developed for the CMT meetings and an ongoing list of action items will be posted to a shared location.

In addition to the initial project chartering session, the anticipated topics for the Steering

Committee meetings are:

1. Review existing conditions and define project goals and objectives

2. Confirm Purpose & Need Statement and review evaluation framework

3. Review conceptual alternative screening and define detailed alternatives

4. Deep dive on the detailed alternatives analysis

5. Confirm LPA and discuss next steps including funding strategies and defining the implementation routemap

1.5 Consultant Team Meetings and Administration

The consultant team will set up internal meetings focused on individual work tasks and focus areas. The consultant team will track the budget and submit monthly invoices and progress reports.

Task 1 Deliverables

Project management plan

Project charter

Decision-making framework

PLT and Steering Committee Agendas and Meeting Notes

Monthly progress reports and invoices

Task 2: Community Engagement

Task 2 includes four subtasks to support community engagement. Task 2 will be ongoing throughout the duration of the project.

2.1 Community and Stakeholder Engagement Plan

The community outreach approach will be milestone-driven and informed by the unique characteristics of the East Colfax Avenue corridor. The first step will be to work with DRCOG to conduct stakeholder mapping and develop the public and stakeholder engagement plan incorporating insights from the City of Aurora’s Multimodal Transportation Master Plan, Connecting Aurora. Similar to the PMP, this will be considered a living document that may evolve over the duration of the project.

The public and stakeholder engagement plan will address the following:

Establish outreach team communications structure.

Define tasks and roles that will be conducted by the consultant team and those that will be conducted by DRCOG outreach staff.

Approach for working with project partners including CDOT, RTD, City of Aurora, Arapahoe and Adams Counties to share information about the project.

Reference to the stakeholder engagement meeting cadence and key milestones included in the PMP

Requirements and frequency of updates for the project webpage

Definition of the community engagement strategy including:

o Platforms that will be used for outreach (community meetings and workshops, social media, websitee, surveys, targeted one-on-one interviews, e-blasts, etc) o Number and format of community meetings/workshops o Plans to proivde a combination of in-person and virtual outreach opportunities o Specific strategies that will be used to ensure representation and meaningful engagement with equity/underserved populations

Branding guidelines for public facing materials

2.2 Project Branding and Website

Having a central source of information that is accessible 24/7 will ensure continuity of messaging for all stakeholders. DRCOG will be responsible for hosting and uploading content to the project website. The consultant will work with DRCOG staff to develop content for the website and will work with DRCOG to ensure that the information is compliant with all accessibility requirements. The consultant will ensure that the website includes the information that is most important for the public to understand the project and process.

In addition, the consultant will work closely with DRCOG to develop a project brand including an easily recognizable project name and logo. The consultant will develop branding guidelines to present a cohesive look and feel to the project. This will include establishing an initial suite of document templates that adhere to HB 21-1110 accessibility standards, including a project fact sheet, community e-blast template, flyer and slide presentation.

At minimum, Spanish translation and interpretation will be provided for all print materials, social media and community meetings. Should there be a need to provide services for additional languages, the project team will address this with DRCOG. The project budget includes up to

$5,000 to engage DRCOG’s translation vendor to assist with Spanish translation.

The consultant will adapt and align outreach strategies and tools to the diverse needs and preferences of the community. These tools include, but are not limited to, accessible and multilingual digital and print materials (fact sheets, social media posts, flyers, surveys) and interpretation services; inclusive hybrid workshops, community open houses, and in-community events; community e-blasts, and webinars as well as media engagement and government relations support. The best ways to engage with equity/underserved populations will be identified as part of the stakeholder mapping process and through conversations with the City of

Aurora about specific tools that have been most effective for engaging these communities on other projects.

2.3 Community Meetings and Public Events

Three rounds of public outreach are anticipated for the study. The consultant team will work with DRCOG and other project stakeholders to confirm the formats for the public events and distribution of information. The topics for the three rounds of outreach are:

1. Provide a project overview including project goals & objectives, confirmation of existing conditions, review of the project purpose & needs and gathering of community priorities.

2. Alternatives analysis results and proposed LPA as informed – in part- by community priorities.

3. Confirm LPA and define next steps and opportunities for further engagement.

Consultant shall conduct up to one (1) large-format community event for each engagement milestone phase (up to 3 meetings total). Consultant shall conduct up to ten (10) smaller stakeholder engagement meetings which could include focus group meetings, key stakeholder meetings, interviews, in-community events, etc.

2.4 Public Engagement Tracking and Summary Report

To ensure accurate and comprehensive cataloguing the various public engagement efforts, the consultant will:

Develop and maintain trackers for public inquiries and engagement events

Develop content to support DRCOG in responding to public inquiries

Collaborate with the PLT to develop a community and stakeholder distribution list for all digital communications o Maintain and update the distribution list

Synthesize insights from all public engagement efforts

This information will be used to update the public engagement plan at key milestones throughout the project and will be delivered to DRCOG for inclusion in the Public Engagement

Summary Report that will be finalized and distributed by DRCOG.

Task 2 Deliverables

Public and stakeholder engagement plan including project branding standards

Public-facing materials in print and for the project webpage

Trackers for public inquires and events

Community and stakeholder distribution list

Content to support the public engagement summary report

Task 3: Visioning, Purpose, and Need

Task 3 includes two subtasks related to supporting the development of the official Purpose and

Need statement for the project. This work is important to set the foundation of the project so this task will occur during the first four months of the project.

3.1 Develop Goals & Objectives

The consultant team will develop a draft version of the project goals and objectives that will be circulated for review and part of the discussion at the Steering Committee project chartering meeting. Once the vision and goals are confirmed, they will be included on project materials, including meeting agendas, the project charter, and decision-making framework.

3.2 Develop Purpose & Need

A purpose and need statement is an important requirement for the environmental process. The consultant team will translate the steering committee approved goals and objectives into a purpose and need statement that aligns with the FTA and FHWA guidelines. The purpose and need statement will be specific enough to support a range of alternatives and will be a statement of the transportation problem that is being addressed with the proposed alternatives.

The consultant team will develop a summary document that can be used for public and executive level communication that articulates how the purpose and need will be used as part of the screening process.

Task 3 Deliverables

Draft vision and goals

Draft purpose and need statement

Summary one-page format including the final project goals and purpose and need statement

Task 4: Existing Conditions Assessment

Task 4 includes eight subtasks related to the existing conditions assessment that will serve as the foundation for the alternatives development. This task will be completed within the first five months of the project.

4.1 Planning Document Review

The Consultant will conduct a comprehensive review of planning documents including any reports, plans, and ordinances relevant to the planning process and prepare a summary of relevant plans and commonalities between them. The review will include the following studies:

2050 Metro Vision Regional Transportation Plan (DRCOG, 2024)

Aurora Places Comprehensive Plan (City of Aurora, 2018)

2040 Transportation Master Plan (Arapahoe County, 2021)

Transportation Master Plan (Adams County, 2022)

Northeast Area Transportation Study Refresh (City of Aurora, 2018)

Bicycle and Pedestrian Master Plan (City of Aurora, 2012)

Aerotropolis Visioning Study (CDOT, 2016)

Colfax Avenue Transit Priority Study (RTD, 2014)

Connecting Aurora – Aurora’s Multimodal Transportation Master Plan (ongoing)

Adams County Comprehensive Safety Action Plan (ongoing)

Arapahoe Transit and Mobility Study (ongoing)

The summary will focus on how these plans inform key decisions and background information that will shape the East Colfax Extension alternatives and design assumptions, rather than restating the previous plans’ findings.

4.2 Data Collection and Analysis

The Consultant will collect and analyze data from existing sources to create an Existing Conditions Report explaining the transportation and development needs, challenges, opportunities, and priorities within the study area. This will include the following information:

Demographic data

Traffic volumes, travel times, and queue lengths

Existing transit infrastructure including stop area amenities

Existing transit schedule, delay, and ridership

Active transportation, including sidewalks, trails, bike facilities and lighting.

Multimodal safety conditions.

The Consultant will develop a data collection and analysis plan to ensure that the level of effort is appropriate and coordinated with the right stakeholders including DRCOG, CDOT, and the City of Aurora to avoid duplicative efforts. The development of the data collection plan will include confirmation by the PLT that the consultant team is incorporating all applicable data sources such as the Regional Data Catalog (http://gis.drcog.org/datatool) and not spending unnecessary time recreating data that already exists.

4.3 Transit Analysis

The consultant will conduct an audit of the transit experience of those utilizing Route 15 along this portion of the route. This audit will touch on a number of important factors of the rider experience including accessibility, safety, vehicle comfort, boarding procedures, and fare payment.

The consultant will also coordinate with RTD to analyze existing data related to ridership, scheduling, and route planning for this corridor. The coordination with RTD will include an interview with the service planning team to learn how current service decisions and modifications are made for this portion of Route 15. This will focus on whether there are any trips that are timed specifically to align with unique work shifts. The consultant will review ridership data to understand if there are trends suggesting additional transit needs during certain periods of the day.

4.4 Bike, Pedestrian, and First/Last Mile Analysis

The consultant will conduct an audit of the current conditions related to bicycle and pedestrian access to the bus stops. The team will work with the City of Aurora to understand current gaps in the pedestrian, bicycle, and lighting infrastructure, specifically those linked to transit stops or http://gis.drcog.org/datatool developments. The consultant will also coordinate with CDOT and the City of Aurora to review any data that is available related to bicycle or pedestrian crashes along the corridor.

4.5 Safety Analysis

The consultant team will conduct an audit of the current conditions related to comprehensive roadway and multimodal safety along the corridor. This will include coordination and an interview with CDOT and the City of Aurora to understand any particular safety concerns along the corridor based on the available crash data. The analysis will include a summary of how the corridor is tracking towards achieving the Regional Vision Zero commitment.

4.6 Existing and No-Build Traffic Analysis

The consultant team will provide coordination, input, compilation, and review of existing traffic volume and delay information. The consultant team will perform a qualitative traffic analysis of exiting and no-build traffic scenarios. This analysis will be based on Volumes, Travel Times, and

Queue Length Data provided by DRCOG, the City of Aurora, and/or CDOT.

4.7 Environmental / ROW Constraints Mapping

Previous planning studies will be reviewed to identify considerations relative to existing environmental conditions. The consultant team will complete a desk top analysis to review project-specific documents or data related to the assessment of environmental, social, and economic resources.

The consultant team will identify and map key environmental considerations in the development of the alternatives to support future lifecycle stages of the corridor’s development, including project-level environmental analysis.

4.8 Land Use and Economic Development

The consultant will provide an overview of existing economic and market conditions for the corridor with an evaluation of economic, demographic, and market factors relevant to the goal of establishing the BRT corridor. The data will be presented in terms of the trends over the past decade to illuminate the degree to which the corridor has been static or dynamic, and how the trends will likely affect conditions in the future. The focus will be on identifying economic development opportunities that will support an investment in BRT. This will include a discussion of policies that could be considered to support more BRT focused development in the future.

The data will include a focus on marginalized populations and how this project can expand economic opportunity and address resident needs. The data will be used to inform where stations are best located along the corridor to support economic development potential that could improve competitiveness for federal funding. This will include an analysis and summary of the optimal locations on the corridor that have the potential to draw private capital to the corridor, in response to the investment of public capital.

4.9 Existing Conditions Assessment

The consultant will conduct a review of existing conditions and prepare an Existing Conditions

Report to inform the Alternatives Analysis. Using the results of data collection and analysis, planning documents, and initial community engagement, the analysis will review the existing conditions of the corridor’s study area. Member of the PLT along with support from their colleagues at the City of Aurora, DRCOG, CDOT and RTD will ensure that the consultant team is aware of and incorporates existing data sources into the existing conditions assessment and that the analysis is focused on the goals of the study.

In addition to a full report, the consultant will prepare an existing conditions summary that will be available to members of the public, fully accessible via the project website, and translated into Spanish and up to two other languages as needed. A separate economic development outlook summary will also be prepared.

Task 4 Deliverables

Data collection and analysis plan

Draft and final existing conditions report

Existing conditions summary

Land use and economic development outlook summary

Task 5: Alternatives Analysis

Task 5 includes the six subtasks supporting the development of alternatives and the technical analysis to complete the evaluation.

5.1 Evaluation Framework

The consultant will create and refine evaluation criteria based on federal guidance, comparable documents that have been completed successfully on other projects, initial public engagement activities, stakeholder and advisory committee meetings, the corridor needs and goals established in Task 3, and existing plans that make recommendations within the corridor.

The consultant will research and utilize best practices from past similar projects and federal guidelines to establish effective evaluation criteria that are flexible enough to qualify for multiple sources of funding.

Evaluation criteria will follow established best practices for an AA, but also avoid criteria that limit this project to a small number of funding sources. The criteria below (based generally on the FTA criteria for project evaluation) will be used as a starting recommendation for the evaluation process that will be refined based on feedback from the steering committee and initial public engagement. The evaluation criteria will include both qualitative and quantitative evaluation methods.

Local Financial Commitment Project Justification

Current capital and operating condition

Commitment of capital/operating funds

Capital/operating costs feasibility

Planning assumptions/capital funding capacity

Increase in transit trips (congestion relief)

Mobility improvements

Cost effectiveness

Environmental Benefits

Economic development