AMERICAN RECOVERY AND REINVESTMENT ACT PROJECT FEDERAL TRANSIT ADMINISTRATION (FTA) GRANT

Transcription

1 AMERICAN RECOVERY AND REINVESTMENT ACT PROJECT FEDERAL TRANSIT ADMINISTRATION (FTA) GRANT CONTRACT # PROJECT NAME 2009 Cheyenne Transit Program Bus Stop Upgrades PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 8th day of June, 2009, by and between the CITY OF CHEYENNE, WYOMING, hereinafter referred to as the City and J-R ENGINEERING, hereinafter referred to as Consultant. RECITALS In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties as follows: 1. SCOPE OF WORK: The Consultant agrees to provide services as described for the above mentioned project, in accordance with the Scope of Work attached hereto as Exhibit A, incorporated by reference and expressly made a part hereof. 2. TIME OF PERFORMANCE: The Scope of Work shall be completed and the final plans, specifications and bid documents submitted to the City in accordance with the project schedule given in Exhibit C which is attached to the agreement, incorporated by reference and expressly made a part hereof. Any extensions of the time limit set forth in Exhibit C must be agreed upon in writing by the parties. 3. CONSULTANT RESPONSIBILITY: The Consultant shall be responsible for the professional quality, technical accuracy, timely completion of drawings and other services rendered by the Consultant and its sub-consultants and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 4. GIS MAPS AND DIGITAL DATA: If the consultant uses any maps, coverages, images, or other digital data created by the Cheyenne/Laramie County Cooperative Geographic Information System (CLCCGIS) for the project specified in Exhibit A, the consultant agrees to return or destroy that information once the project is complete. Consultant agrees not to reuse or sell the GIS maps or data, which were provided as a professional courtesy and to minimize the cost of the project.

2 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrades REQUEST FOR PROPOSAL No.: RFP GIS DATA LIMITATION AND DISCLAIMED LIABILITY GIS data is collected primarily for use by the City of Cheyenne and Laramie County. Any unauthorized use of the data is at the risk of the user. The CLCCGIS cannot vouch for any unauthorized use. 6. COMPLIANCE WITH LAWS & FEDERAL CHANGES: The Parties agree that they will perform their obligations as provided in this agreement in accordance with all applicable laws and ordinances. Consultant shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between CITY and FTA, as they may be amended or promulgated from time to time during the term of this contract. Consultant s failure to comply shall constitute a material breach of this contract. 7. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any CITY requests which would cause CITY to be in violation of the FTA terms and conditions. 8. DRUG-FREE WORKPLACE: In compliance with the Drug Free Work Place Act of November 1988, the City of Cheyenne has established an Alcohol and Controlled Substance Policy that pertains to alcohol and drug usage by City Employees. All architects, engineers and other consultants under contract with City of Cheyenne, and their employees and subcontractors, are required to comply with the provisions of the City's Alcohol and Controlled Substance Policy for drug and/or alcohol usage on City property or other sites occupied by the consultant while performing the duties and responsibilities of the contract. It is the responsibility of the consultant to familiarize himself with the requirements of this policy and to inform all his employees and subcontractors of the requirements and ensure their compliance. If the consultant, his employees or sub-consultants are found in violation of this policy, the contract may be terminated. 9. INDEMNIFICATION / HOLD HARMLESS The Consultant shall release, indemnify, and hold harmless the City and its officers, agents, employees, successors, and assignees from any causes of action, claims or demands arising out of Consultant s performance under this contract, including claims asserted pursuant to Section 25 of this contract..

3 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrades REQUEST FOR PROPOSAL No.: RFP INSURANCE REQUIREMENTS: The Consultant must provide proof of the following insurance coverages: Commercial General Liability Insurance For claims arising out of bodily injury, illness or death, or from damage to or destruction of property of others, including loss or use thereof, with minimum limits of $250,000 per claimant, $500,000 per occurrence for the entire term of the contract. Business Automobile Insurance Including owned, non-owned and hired vehicles with minimum limits for bodily injury and property damage of $500,000 per occurrence for the entire term of the contract. Workers Compensation Workers Compensation coverage shall be in effect, as required by Wyoming law, for all employees or agents providing services under this agreement. Consultant shall provide the City with proof of workers compensation or employer s liability insurance coverage. Professional Liability Insurance In an amount not less than $500,000 per occurrence and $500,000 aggregate limit, or such lesser amounts as the City of Cheyenne s Risk Manager may specifically authorize in writing. Additional Insurance Information The Consultant shall name the City of Cheyenne as an Additional Insured by endorsement on its insurance policies, with the exception of worker s compensation and professional liability insurance, and shall provide the City with a copy of the endorsements. Consultant shall provide the City with certificates of insurance acknowledging the abovestated coverages prior to beginning any work under this agreement. It is understood and agreed that these policies are primary and not contributory. All insurance certificates provided by Consultant must include a clause stating that the insurance may not be canceled, amended or allowed to lapse without at least thirty (30) days advance written notice to the City of Cheyenne. In addition, Consultant shall provide the City with copies of insurance policies and /or policy endorsements listing the

4 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrades REQUEST FOR PROPOSAL No.: RFP City of Cheyenne as an additional insured. The City s failure to request or review such policies, endorsements, and certificates shall not affect the City s rights or Consultant s obligation hereunder. Any insurance company providing coverage under this agreement shall have a minimum A. M. Best rating of A- (excellent). 11. CIVIL RIGHTS: The following requirements apply to the underlying contract: A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C , and Federal transit law at 49 U.S.C. 5332, the Consultant agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Consultant agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (1) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Consultant agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No , "Equal Employment Opportunity," as amended by Executive Order No , "Amending Executive Order Relating to Equal Employment Opportunity," 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Consultant agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. 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. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue.

5 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrades REQUEST FOR PROPOSAL No.: RFP (2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Consultant agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. (3) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C , the Consultant agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. C. The Consultant also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 12. DISADVANTAGED BUSINESS ENTERPRISE (DBE): A.. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The City does not have an overall goal for DBE participation. A separate contract goal of sixty-six hundredths of one percent (0.66%) been established for this procurement. B. The consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the CITY deems appropriate. Each subcontract the consultant signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). Consultant must present the information required above prior to contract award (see 49 CFR 26.53(3)). The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. C. The consultant is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor s receipt of payment for that work from the CITY. In addition, the contractor

6 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrades REQUEST FOR PROPOSAL No.: RFP may not hold retainage from its subcontractors. D. The contractor must promptly notify the CITY, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the CITY. 13. COMPENSATION: In consideration of the services to be performed pursuant to this Agreement, the Consultant will bill the City and the City agrees to pay Consultant according to the fee schedule given in the Exhibit B which is attached to this agreement, incorporated by reference and expressly made a part hereof. The amounts of all such payments shall be based upon the Consultant's progress, verified by the City, in completing the work as described in Exhibits A, B and C. Final payment shall be made following acceptance of the work by the City. Original quality reproductions of all designs, plans, reports, specifications, drawings and other services rendered by the Consultant shall become the sole property of the City and shall be delivered to the City along with final invoice, immediately upon their preparation. A portion of the payment may be held until any claims are resolved. 14. CITY REPRESENTATIVE: Prior to commencement of work, the City will designate in writing, a City Representative who shall make, within the scope of his/her authority, all necessary decisions regarding the project. All requests for contract interpretations, field orders, contract modifications, change orders, and other clarification or instruction shall be directed to the City Representative. 15. MONTHLY REPORT: With every monthly billing, Consultant shall provide the City Representative with a written statement of the status of the work with respect to the Scope of Services, time sheets, and work schedule. Failure to provide the required monthly report will delay processing of any payment request until the report is submitted. 16. INDEPENDENT CONTRACTOR: The Consultant shall function as an independent contractor for the purposes of this agreement. The Consultant shall assume sole responsibility for any debts or liabilities that may be incurred by the Consultant in fulfilling the terms of this agreement. Nothing in this agreement shall be interpreted as authorizing the Consultant or its agents or employees to act as an agent or representative of or on behalf of the City of Cheyenne or to incur any obligation of any kind on the behalf of the City of Cheyenne.

7 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrades REQUEST FOR PROPOSAL No.: RFP TAXES: The Consultant agrees to pay all valid taxes, excises, license fees, permit fees, bills, debts and obligations incurred by in connection with its operations under this agreement. 18. APPROVAL OF PLANS: The City s approval of drawings, designs, plans, specifications, reports, and incidental work or materials shall not in any way relieve the Consultant of responsibility for the technical accuracy of the work. The City s approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any of the City s rights under this agreement or any of its legal rights under statute or common law arising out of the performance of this agreement. 19. DEFAULT: Each and every term and condition in this agreement shall be deemed to be a material element of the Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. 20. TERMINATION by CITY AND REMEDIES: A. Termination for Convenience or Default - The City may terminate this contract in whole or in part, for the City's convenience or because of the failure of the Consultant to fulfill the contract obligations. The City shall terminate by delivering to the Consultant a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Consultant shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the City, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Consultant to fulfill the contract obligations, the City may complete the work by contact or otherwise and the Consultant shall be liable for any additional cost incurred by the City. If, after termination for failure to fulfill contract obligations, it is determined that the Consultant was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. B. Opportunity to Cure - The City in its sole discretion may, in the case of a termination for breach or default, allow the Consultant fifteen (15)days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions

8 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrades REQUEST FOR PROPOSAL No.: RFP If Consultant fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within fifteen (15) days after receipt by Consultant of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Consultant. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Consultant and its sureties for said breach or default. C. Waiver of Remedies for any Breach - In the event that the City elects to waive its remedies for any breach by Consultant of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 21. ADDITIONAL REMEDIES of CITY: In the event the Consultant fails to strictly perform in accordance with this Agreement, the City may elect to correct the deficiencies and charge the Consultant. 22. BREACHES AND DISPUTE RESOLUTION In the event the contract is in excess of $100,000, the Consultant agrees to the following provisions which flow down to all tiers of subcontractors: A. Disputes - Disputes arising in the performance of this Contract will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of Wyoming. B. Performance During Dispute - Unless otherwise directed by the City, Consultant shall continue performance under this Contract while matters in dispute are being resolved. C. Waiver - No action or failure to act by the City or Consultant shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 23. GOVERNMENTAL IMMUNITY. Except as necessary to enforce the terms of this contract, the City of Cheyenne expressly reserves the right to invoke governmental immunity for any claim arising out of this agreement pursuant to the Wyoming Governmental Claims Act, Wyo. Stat et seq. 24. ENTIRETY OF AGREEMENT: This agreement consisting of 7 pages, and Exhibits A, B and C consisting of 4, 1

9 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrades REQUEST FOR PROPOSAL No.: RFP and 1 pages respectfully, and submitted proposal with negotiated changes, contains the entire understanding of the parties. There are no other terms or conditions, written or oral, concerning or controlling this matter. Time is of the essence hereof. 25. PROGRAM FRAUD AND FALSE OR FRADULENT STATEMENTS AND RELATED ACTS. A. The Consultant acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Consultant certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Consultant further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Consultant to the extent the Federal Government deems appropriate. B. The Consultant also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C and 49 U.S.C. 5307(n)(1) on the Consultant, to the extent the Federal Government deems appropriate. C. The Consultant agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 26. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The CITY and Consultant acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligation or liabilities to the CITY, Consultant, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Consultant agrees to include the above clause in each subcontract financed in whole or in

10 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrades REQUEST FOR PROPOSAL No.: RFP part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 27. ENERGY CONSERVATION REQUIREMENTS The Consultant agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 28. CLEAN WATER REQUIREMENTS In the event that the contract exceeds $100,000.00, the Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C et seq. The Consultant agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to FTA and the appropriate Environmental Protection Agency Regional Office. The Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal Assistance provided by FTA. 29. ACCESS TO RECORDS AND REPORTS The following access to records requirements apply to this Contract: A. The Consultant agrees to provide the Purchaser (CITY), the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Consultant also agrees, pursuant to 49 C.F.R to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Consultant s records and construction sites pertaining to a major capital project defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or B. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Consultant agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Consultant agrees to maintain same until the CITY, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related

11 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrades REQUEST FOR PROPOSAL No.: RFP thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. 30. CLEAN AIR In the event that the contract exceeds $100,000, the Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq. The Consultant agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

12 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrades REQUEST FOR PROPOSAL No.: RFP IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. CITY OF CHEYENNE, WYOMING By: Richard L. Kaysen, MAYOR (SEAL) ATTEST: Date: City Clerk CONSULTANT FIRM _J-R ENGINEERING By: Title: Date: ADDRESS:

13 REQUEST FOR PROPOSAL No.: RFP PROJECT NAME: 2009 Cheyenne Transit Program Bus Stop Upgrades EXHIBIT A SCOPE OF WORK A. Project Description The scope of work for the 2009 Cheyenne Transit Program Bus Stop Upgrade Project is the development, design, and construction management of a complete set of construction documents, including Plans, Specifications, and Estimates. The Consultant shall incorporate any innovative solutions that are cost effective and meet project goals. The Cheyenne Transit Program (CTP) has recently received approximately $900,000 from the Federal Transit Administration through the American Recovery and Reinvestment Act for design and construction of upgraded and improved bus stops in the Cheyenne area. CTP has prepared a spreadsheet showing preferred upgrades, and possibility of additional rightof-way required for each stop location, Exhibit D attached. At this time, Cheyenne Transit wishes to add bus bays, if possible, to approximately one-half of the locations. Sites identified for the addition of bus bays and/or shelters will be reviewed to determine whether additional rightof-way will be required. The spreadsheet numbers may change after further site investigations are completed during design. Bus stops should be designed in accordance with Transit Cooperative Research Program (TCRP) Report #19 guidelines and other industry standards. Coordination with the City Engineer s Office and CTP as to exact level of improvements required at each location will be required. All stops shall comply with all applicable Americans with Disabilities Act requirements. Some stops are located on streets under the jurisdiction of the Wyoming Department of Transportation or Laramie County. As such, approval from the authority having jurisdiction will be required. B. Project Budget The total budget for the project, including design, construction, and construction management, is $900,000. C. General Conditions The following items are considered to be included as part of the basic compensation for this project: 1. Normal business expenses - phone, postage, etc. 2. Cost of insurance 3. In-house computer time and service 4. Word processing, accounting, and man-hour records 5. Permits and license fees 6. Mileage Page 1 of 10

14 REQUEST FOR PROPOSAL No.: RFP PROJECT NAME: 2009 Cheyenne Transit Program Bus Stop Upgrades 7. Travel fees, room and board, per diem 8. Printing costs for all standard review, bidding, and as-constructed plans and other correspondence and contract documents 9. Film and processing 10. Overtime engineering and inspection 11. Special inspections, including vacuum excavation pot-holing 12. Survey materials, stakes, etc 13. Additional required services 14. Providing any visual aids, graphics, etc. needed by the City for public meetings and information. Attend one public meeting for Dell Range stop relocations. 15. Providing a project webpage for public information purposes. The webpage shall be updated throughout the design and construction of the project as the status of the project changes. Any changes in the Consultants or Subconsultants staff or fee structure shall be presented in writing to the City for approval prior to initiating any changes or performing any work. D. Conceptual Design Phase Upon receipt of Notice to Proceed with this project, the Consultant shall proceed with the following tasks: 1. Assist City in selection of standard bus stop shelter design/manufacturer by providing at least three alternate designs with estimated costs. Shelter selection should take into account aesthetic appeal, weather protection, limited right-of-way, and option for advertisements. 2. Identify physical locations of bus stops and evaluate type of upgrades recommended at each location and, after consultation with City Representatives, recommend to the City those solutions which in Consultant s judgment meet the City s requirements for the Project. 3. The City will provide the consultant with a spreadsheet showing priorities, preferred upgrades and anticipated additional right-of-way required for each stop location. At this time, there are less than half the locations identified for the full shelter and bus bays. These numbers may change after further site investigations are completed during design. There are four possible levels of upgrade possible for each stop: a. add concrete pad/sidewalk for ADA needs b. add covered bus bench c. or add 3-sided bus shelter d. construct bus bay 4. Prepare conceptual design documents consisting of preliminary design criteria for each type of upgrade recommended; conceptual drawings showing recommended upgrades at each location; conceptual estimate of construction cost for each location; and recommendation for phasing of design and construction to meet funding time limits. 5. Categorical Exclusion: The environmental scope of work assumes that the proposed action falls under the following Federal regulation: 23 CFR (c) - Page 2 of 10

15 REQUEST FOR PROPOSAL No.: RFP PROJECT NAME: 2009 Cheyenne Transit Program Bus Stop Upgrades "Installation of fencing, signs, small passenger shelters, traffic signals, and railroad warning devises where no substantial land acquisition or traffic disruption occurs." The consultant team will conduct a field review of each of the proposed site to confirm there are no sensitive resources impacted by the proposed action. For the proposed sites located within a designated historic district (scope assumes 3 sites), field activities will document surrounding structures. The consultant will conduct a data review to determine the exact boundaries of the existing historic district, and document the defined contributing features of said district. Under a separate work task, potential right-of-way required for the proposed action will be defined and documented. This scope of work assumes that the proposed action will not require the relocation of any existing structures (businesses or residences, and that Section 4(f) land (parkland and/or historic property) will not be required. The findings from the field review and referenced record search will be summarized in a technical memo for the project file. If the field review and/or the definition of the proposed action results in the potential to significantly impact a sensitive resource; then the need to prepare a documented Categorical Exclusion will be discussed with the City and FTA. A separate scope of work, and cost estimate to complete that work would then be defined." E. Preliminary Design Phase After acceptance by the City of the Conceptual Design Phase documents and recommendation for phasing of design and construction, indicating any specific modifications or changes in the extent of the Project desired by the City, and upon written authorization from City Representative to proceed with the Final Design Phase, Consultant shall: 1. Perform right-of-way surveys to determine required right-of-way acquisitions. The right-of-way for those sites where improvements will be obviously located within existing right-of-way will not need to be surveyed. Every effort shall be made to avoid right-ofway acquisitions. 2. Prepare legal descriptions and documents required for right-of-way acquisitions. Conduct right-of-way acquisitions in accordance with federal real estate acquisition statutes and regulations including The Uniform Act. 3. Perform all field surveys necessary for the design of the Project, including but not limited to cross-sections, utilities, existing Greenway trail, property, and boundary surveys. 4. On the basis of the above selection of a recommended solution, prepare preliminary Page 3 of 10

16 REQUEST FOR PROPOSAL No.: RFP PROJECT NAME: 2009 Cheyenne Transit Program Bus Stop Upgrades design documents showing right-of-way acquisition requirements and consisting of final design criteria, preliminary drawings, outline specifications, special conditions, design data, opinion of probable construction cost and allowances for contingencies. 5. Furnish five copies of the above preliminary design documents, present and review them in person with the City Representative. The services will be completed and the data submitted within the stipulated period indicated in Exhibit C Project Schedule. F. Final Design Phase After acceptance by the City of the Preliminary Design Phase documents and opinion of probable Project Cost, indicating any specific modifications or changes in the extent of the Project desired by the City, and upon written authorization from City Representative to proceed with the Final Design Phase, Consultant shall: Prepare final drawings showing the character and extent of the Project and Specifications incorporating any modifications or changes indicated during review of Preliminary documents. Advise City Representative of any adjustments to the latest opinion of probable Project Cost caused by changes in extent or design requirements of the Project Cost. The Consultant shall provide a summary of the probable Project Cost based on the Final Design Drawings and Specifications showing estimated construction quantities, bid prices, and items of work. The bid tabulation shall be laid out using standard numbering for work items and basic pay units. Prepare for review and approval by City Representative the Project Manual including the following as appropriate: 1. Instruction to Bidders 2. Bid Forms 3. Contract Agreements 4. Performance and Payment Bond 5. Notice of Award and Notice to Proceed 6. Change Order, Payment Certification, and Other Forms 7. General and Supplemental Conditions 8. Special Provisions 9. Construction Specifications 10. Supplementary Specifications 11. Phasing Schedule 12. Testing Plan The City of Cheyenne & Board of Public Utilities Construction Specifications and Standard Drawings 2007 with all approved amendments shall be used on this project. The City will provide the Standard Construction Boiler Plate and other pertinent data in electronic form for use in final bid documents. Page 4 of 10

17 REQUEST FOR PROPOSAL No.: RFP PROJECT NAME: 2009 Cheyenne Transit Program Bus Stop Upgrades Furnish five copies of the above final design documents and present and review them in person with the City Representatives. Prepare Bid Package incorporating any modifications or changes indicated during review of Final documents and furnish three copies and one reproducible set of the construction Contract Documents. The services will be completed and the data submitted within the stipulated period indicated in Exhibit C Project Schedule. G. Construction Engineering (To be negotiated with consultant at time of bidding) 1. GENERAL: Used in this Exhibit, the term Consultant's Engineer denotes final responsibility for the project; tasks may be performed by the Resident Project Representative, or Inspector, as appropriate. Consultant's Engineer, will act under the general direction of the City's Representative, and will confer with City's Representative regarding engineering matters. The Consultant's Engineer shall act as an independent contractor and shall control and supervise the details of the work. In so doing the Consultant's Engineer shall deal solely with the General Contractor and dealings with Subcontractors shall be only through or with the full knowledge of General Contractor. 2. DUTIES AND RESPONSIBILITIES: CONSULTANT WILL: a. Inspection Plan: Develop an overall inspection plan, a Traffic Control Inspection Plan and testing plan to be submitted and approved by City's Representative seven (7) days after the Construction Engineering Contract is awarded. b. Contractor Selection: Advise City's Representative regarding selection of Contractor and any subcontractors. c. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by Contractor and consult with City's Representative concerning their acceptability. d. Conferences: Assist City and keep minutes in conducting pre-bid and preconstruction conferences with contractors. Conduct weekly safety and coordination meetings, as required, maintain and circulate copies of minutes Page 5 of 10

18 REQUEST FOR PROPOSAL No.: RFP PROJECT NAME: 2009 Cheyenne Transit Program Bus Stop Upgrades thereof. e. Liaison: Serve as the City's liaison with Contractor working principally through Contractor's superintendent and assist him in understanding the intent of the Contract Documents. Provide a program of good public relations between City, residents, Contractors and field personnel, to insure smooth running schedule and most cost and time efficient way to progress. f. Shop Drawings and Samples: Receive samples and shop drawing furnished by contractor, record date of their receipt, and track progress of approvals. Advise City's Representative of their acceptability. g. Inspections: Identify any Work that is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approvals or that has been damaged. Advise Contractor and the City's Representative when Work should be corrected, rejected, uncovered for observation, or requires special testing, inspection or approval. Verify that tests, equipment and systems startups operating / maintenance instructions are conducted as required by the Contract documents and in the presence of the required personnel, and that Contractor maintains adequate records thereof; observe, record and report to City's Representative appropriate details relative to the test procedures and startups. Accompany visitors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to City's Representative. h. Interpretation of Contract Documents: Transmit to Contractor the City's Clarifications and interpretations of the Contract Documents. i. Modifications: Consider and evaluate any changes or modifications in Drawings or Specifications and report them with recommendations to City Representative for approval prior to authorizing any such changes or charges to Force Account or other items. j. Records: Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original contract Documents including all addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Contract, City s Representative clarifications and interpretations of the Contract Documents, Page 6 of 10

19 REQUEST FOR PROPOSAL No.: RFP PROJECT NAME: 2009 Cheyenne Transit Program Bus Stop Upgrades progress reports, and other Project related documents. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Record names, addresses and telephone numbers of all Contractors and subcontractors on the project daily, plus major suppliers of materials, equipment, date, time and condition of such. k. Reports: Furnish City's Representative weekly summary reports including Contractor's compliance, the approved progress schedule, and schedule of Shop Drawing submissions. Consult the City's Representative in advance of scheduled major tests, inspections or start of important phases of the Work. Report immediately to City's Representative upon the occurrence of any accident and furnish complete report shortly afterward. l. Payment Requisitions: Review and certify applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to City's Representative noting particularly their relation to the schedule of values, work completed and materials and equipment delivered or paid for at the site, but not incorporated in the Work. m. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be furnished by Contractor are applicable to items actually installed and collect all such materials for presentation to City with final construction report. n. Completion: 1) Submit to Contractor a punch list of observed items requiring completion or correction. 2) Conduct final inspection in the company of City's Representative, Contractor and utility companies involved and prepare a final list of items to be completed or corrected. Page 7 of 10

20 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrade Project 3) Verify that all items on the final list have been completed or corrected, make recommendations to the City concerning acceptance and prepare a certificate of Substantial Completion. 4) Conduct eleventh (11th) and twenty-third (23) month inspections with City and Contractor's Representatives and report findings to City's Representative immediately prior to the expiration of the two year or other warranty, as applicable. 5) After completion of the project prepare and submit to City certified "Record Drawing" plans showing final accepted conditions of the project. One set of reproducible mylars and one set of prints required. A certified final construction report of conditions, maintenance items, inspection reports, contract modifications, correspondence, field orders and any other pertinent information which the owner should know, shall be furnished by the project engineer to the owner. 6) Assist the City staff to implement the final quantities and payments of this project to the City's computerized job accumulation program. H. LIMITATIONS OF AUTHORITY: Except upon written instructions of City's Representative, Engineer: 1. Shall not authorize any deviation from the Contract Documents or costs, or approve any substitute materials or equipment, without consulting the Owner. 2. Shall not exceed limitations on the City's authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of the Contractor, subcontractors, utility companies or responsibilities of their superintendent, to expedite the work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. A-8

21 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrade Project EXHIBIT B COMPENSATION SCHEDULE The Consultant shall prepare and submit proposed estimated compensation, bearing in mind that it should be a unit-based contract with a negotiated not-to-exceed amount. A Payment Schedule based upon the following shall be submitted with payment for a specific phase not exceeding the scheduled amount prior to completion of that phase: 1. Conceptual Design Phase $ 62, Preliminary Design Phase $ 38, Final Design Phase $ 10, Right of Way Acquisition $ 40, Total Contract Amount $ 152,460.00

22 Project Name: 2009 Cheyenne Transit Program Bus Stop Upgrade Project EXHIBIT C PROJECT SCHEDULE The key milestones in the 2009 Cheyenne Transit Program Bus Stop Upgrade project are shown below. Date June 9, 2009 June 11, 2009 July 13, 2009 August 10, 2009 September 7, 2009 September 28, 2009 Schedule Item Notice-to-proceed issued by City Hold scoping meeting with City Representative Submit conceptual design phase documents Allow 2 weeks for review of conceptual design documents Submit preliminary design phase documents Allow 2 weeks for review of preliminary design documents Submit final design phase documents Allow 1 week for review of final design documents Submit Bid Package to City/CTP/WYDOT/FTA C