JOINT INFORMATION MEETING AGENDA DOCUMENTATION PREPARATION DATE: October 23, 2009 MEETING DATE: November 2, 2009

SUBMITTING DEPARTMENT: Town & County Planning DEPARTMENT DIRECTORS: Tyler Sinclair & Jeff Daugherty PRESENTERS: Tyler Sinclair & Jeff Daugherty

SUBJECT: Transportation Consultant Additional Comprehensive Plan Review

STATEMENT/PURPOSE The purpose of this item is to discuss for what, if any, additional review and analysis Fehr & Peers, the transportation consultant for the Comprehensive Plan update, should be retained. BACKGROUND/ALTERNATIVES As part of the overall contract with Clarion Associates for the Comprehensive Plan update, Fehr & Peers was retained by Clarion to work on the transportation portion of the plan. Fehr & Peers worked with the Wyoming Department of Transportation (WYDOT) to complete macro level traffic modeling associated with projected future land use decisions as part of the plan update. Based upon this analysis, their review of public comment related to transportation, and their professional judgment and experience, Fehr & Peers assisted with the drafting of Theme 6, Transportation, released to the public in June 2008. Specifically, their input included a review of the proposed principles, strategies and indicators along with recommending five (5) specific transportation projects to be considered by the community to address future traffic congestion and efficiencies over the life of this plan. As you are aware, staff has been considering what, if any, additional role Fehr & Peers should have at this point in the plan review process. Upon further discussion and consideration of the use of limited available funding, staff recommends that the following additional work by Fehr & Peers be completed. Option #1 Staff recommends that Fehr & Peers be retained to present the work completed to date and to respond to public comment related to the transportation element of the Comprehensive Plan update. Staff recommends this additional expense to ensure that all elements of work completed to date, justification for the proposed recommendations, and suggested revisions are presented first hand by the consultant who completed the work. Staff believes this information would be beneficial to the Elected Officials, Planning Commissions and the 1

public to ensure that all parties are knowledgeable on the work completed, that all public comment has been addressed, and an opportunity has been provided to ask any questions of Fehr & Peers related to the transportation portion of the plan, which has not occurred to date. Staff recommends that this be achieved through two meetings. The first would be in the form of a work session with the Transportation Advisory Committee (TAC). The second would be a public briefing of the Planning Commissions and Elected Officials. The meeting of the Transportation Advisory Committee (TAC) would allow Fehr & Peers to present and discuss with the TAC their technical analysis and recommendations on Theme 6. The goal of the work session would be for the TAC to discuss Fehr & Peers work, the content of Theme 6, and recommendations from the TAC. The work session would also give the consultant retained by Save Historic Jackson Hole an opportunity to comment on concerns raised by SHJH about the technical analysis and content of Theme 6. The second meeting would allow Fehr & Peers to present to the Planning Commission, Elected Officials and the public the work completed to date, proposed recommendations and possible revisions based upon the morning meeting. Most importantly, this meeting would provide an opportunity to engage Fehr & Peers in a discussion and question and answer period to begin the community’s discussion of the transportation portion of the plan. Staff estimates that all work could be completed by December 31, 2009. Please see the attached scope of services for further details on the proposed agendas and goals for these meetings. Fiscal Impact: Not to exceed $4,800 ($2,400 each for the Town and County) Option #2 Should the elected officials not find a need to pursue option #1 at additional cost to the Town and County, staff recommends that Fehr & Peers be retained on an “on call” basis to assist staff in reviewing and responding to public comment and proposing changes to the current Theme 6. Specifically, this would include responding to the transportation consultant retained by Save Historic Jackson Hole who has identified constructive items for consideration. Fiscal Impact: An hourly rate of $150.00 not to exceed $2,500.00. FISCAL IMPACT Funding of any additional expenses to retain Fehr & Peers is recommended to be spilt 50-50 between the Town and County. Currently the Town and County Planning Department budgets do not include this expense and would thus require a budget amendment to provide additional funding. STAFF IMPACT Staff impact related to this item is ongoing with considerable amounts of time being spent by Town and County staff related to the Comprehensive Plan update. LEGAL REVIEW NA RECOMMENDATION Town and County Staff recommend retaining of Fehr & Peers to complete option #1 as described above. 2

ATTACHMENTS Fehr & Peers, Scope of Services (available at the meeting) Public Comment LEGAL REVIEW None at this time. SUGGESTED MOTIONS Town of Jackson I move to authorize the Mayor to execute a contract to retain Fehr & Peers to complete the following scope of work: • • •

Option #1 Option #2 Other as defined by the Council

Teton County I move to authorize the Chairman to execute a contract to retain Fehr & Peers to complete the following tasks: • • •

Option #1 Option #2 Other as defined by the Commission

3

October 27, 2009 Tyler Sinclair, AICP Director of Planning and Building Town of Jackson P.O. Box 1687 Jackson, WY 83001 Re: Transportation Advisory Committee Work Session & Officials Briefing Tyler, This proposal letter outlines our scope of services and cost to complete a work session with the Transportation Advisory Committee (TAC) and a briefing of Town of Jackson and Teton County officials regarding work Fehr & Peers has completed as part of the Comprehensive Plan update. Meeting #1: Transportation Advisory Committee Work Session This task includes presentations from and discussion with Fehr & Peers and the consultant retained by Save Historic Jackson Hole. We believe the work session will provide an opportunity to discuss concerns associated with technical details and inter-governmental priorities. Who:

Transportation Advisory Committee Members

Purpose:

Discuss work completed to date, proposed recommendations, and a discussion of recommendations by TAC members related to Theme 6

When:

9:00 AM to noon the morning of Town and County briefing

Draft Agenda: 1. Discuss meeting objectives and ground rules 2. Brief overview of transportation plan (previously prepared presentation) 3. Clarify analysis and identify additional analysis needs 4. Identify areas of agreement and disagreement on analysis and Theme 6 5. Define next steps Deliverable: PowerPoint for officials briefing that summarizes work session

Tyler Sinclair Town of Jackson Page 2 of 4

Meeting #2: Officials Briefing This task includes preparation for and a public presentation to Town and County elected and appointed officials. Who:

Town of Jackson and Teton County elected and appointed officials

Purpose:

Brief overview of the transportation analysis in the Comprehensive Plan update and summary of the outcomes from the TAC session

When:

7:00PM - 8:30PM during special meeting of elected officials

Draft Agenda: 1. Brief overview of transportation plan (previously prepared presentation) 2. PowerPoint presentation of TAC work session 3. Question and answer session with officials 4. Define next steps

Deliverable: Transportation plan presentation for officials briefing Agreement If the terms presented in this letter are acceptable we can proceed under the terms on the following page. We can complete this work for a total lump sum fee of $4,800 including all travel costs and one overnight stay. This fee would include preparation prior to the work session, participation in the TAC work session, a summary presentation of the work session for elected officials, and presentation to elected officials. If you have any questions or need additional information, please feel free to call me at (303) 296-4300. Sincerely, FEHR & PEERS

Carlos Hernandez, AICP Associate

Jeremy R. Klop, AICP Senior Associate

Accepted by:

___________________________________

Representing:

___________________________________

Date:

___________________________________

Tyler Sinclair Town of Jackson Page 3 of 4

STANDARD TERMS AND CONDITIONS These STANDARD TERMS AND CONDITIONS apply to, and are made part of, the attached letter agreement (“Agreement”) by and between FEHR & PEERS, a California corporation, (“Consultant”), and the “Client” referenced in the signature block on the Agreement. WITNESSETH THAT, in consideration of the premises and covenants hereinafter set forth, the parties agree as follows: 1. Data To Be Furnished. All information, data, reports, records and maps with respect to the Project which are available to Client and which Client deems reasonably necessary for the performance of work set forth in the Agreement, shall be furnished to Consultant without charge by Client. 2. Personnel. Consultant agrees that it will employ, at its own expense, all personnel necessary to perform the services required by this Agreement and in no event shall such personnel be the employees of Client. All of the services required hereunder shall be performed by Consultant and all personnel engaged therein shall be fully qualified under applicable federal, state and local law to undertake the work performed by them. Consultant assumes full and sole responsibility for the payment of all compensation and expenses of such personnel and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholdings. 3. Compensation. Client shall pay Consultant a lump sum payment of $5,000 upon receiving invoice after the charrette. Client agrees to pay the invoices within 30 days of receipt. If payment is not received within 60 days, Consultant may, at its sole discretion, elect to stop work until payments are received. In that case, Consultant will notify Client that work has ceased. Client also agrees to pay all costs, including attorney’s fees and court costs, incurred by Consultant to collect on past due invoices. 4. Ownership of Documents. The work papers, drawings, photographs and any other written or graphic material, including AutoCad files, hereinafter materials, prepared by Consultant for this Project are instruments of the Consultant’s service for use solely with respect to this Project and, unless otherwise provided, the Consultant shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Client shall be permitted to retain copies, including reproducible copies of Consultant’s materials for information and reference in connection with the Client’s use on the Project. The Client or others shall not use the Consultant’s materials on other projects, or for changes to this Project without the express written consent of the Consultant. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication or violation of copyright. 5. Attorneys’ Fees/Arbitration. In the event that either party brings an action or claim arising out of or in connection with this Agreement, the prevailing party shall be entitled to reasonable and actual attorneys’ fees incurred, as well as costs incurred, as well as expert witness fees. Any and all disputes shall be resolved by way of binding Arbitration, which shall take place in San Francisco, California utilizing a single Arbitrator. Arbitration shall take place under the auspices of either the American Arbitration Association or JAMS, at the election of the party commencing Arbitration. The prevailing party shall also be entitled to be reimbursed for any and all Arbitration expenses incurred. 6. Modification/Termination. No waiver, alteration, modification or termination of this Agreement shall be valid unless made in writing. This agreement may be terminated for convenience and without cause by either party upon seven days’ written notice.

Tyler Sinclair Town of Jackson Page 4 of 4

7. Governing Law. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. 8. Electronic Signature. Pursuant to the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transaction Act, both parties agree to accept an electronic signature as a valid replacement of an ink and paper signature for all business transactions related to the subject project. 9. Entire Agreement. This Agreement sets forth the entire understanding between the parties as to the subject matter of this Agreement and merges all prior discussions, negotiations, letters of understanding or other promises, whether oral or in writing.