Transportation District Commission of Hampton Roads
REQUEST FOR PROPOSALS
RFP No. 19-00012
DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR HIGH CAPACITY TRANSIT EXTENSION TO NAVAL STATION NORFOLK (EAST SIDE)
Issued: March 20, 2019 Proposals Due: April 29, 2019
RFP 19-00012
Table of Contents
Part 1. Schedule and Solicitation Documents Page SOLICITATION, OFFER, AND AWARD FORM 1 ACKNOWLEDGEMENT OF AMENDMENTS 2 INTRODUCTIONS 3 INSTRUCTIONS TO PROPOSERS 5 SCOPE OF WORK 15
Part 2. Special Provisions Starts at 66 1. TYPE OF CONTRACT 2. PERIOD OF PERFORMANCE 3. PAYMENT 4. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENT 5. DOCUMENTATION 6. SAFETY SENSITIVE INFORMATION (SSI) DOCUMENTATION 7. VARIATION IN ESTIMATED QUANTITY
Part 3. General Conditions Starts at 68
1. DEFNINTIONS AND ACRONYMS 2. CHANGES 3. ORDER OF PRECEDENCE 4. ASSIGNMENT AND DELEGATION 5. AUTHORITY OF OWNER'S REPRESENTATIVE 6. FLOWDOWN 7. SUBCONTRACTING 8. INVOICES 9. PAYMENTS 10. AVAILABILITY OF FUNDS 11. WITHHOLDING OF PAYMENTS 12. CONDITIONS AFFECTING THE WORK 13. GOVERNING LAW AND CHOICE OF VENUE 14. WAIVER OF CONDITIONS 15. NOTICE OF INTENT TO FILE A CLAIM 16. SEVERANCE 17. GENERAL INSURANCE REQUIREMENTS 18. ONSITE SAFETY AND SECURITY 19. SENSITIVE SECURITY INFORMATION 20. HAZARDOUS CHEMICALS AND WASTES 21. ENVIRONMENTAL MANAGEMENT AND SUSTAINABILITY 22. WARRANTY 23. INSPECTION OF SERVICES 24. TITLE AND RISK OF LOSS 25. SUSPENSION 26. DELAY OF WORK 27. STOP WORK ORDER 28. CONFLICT OF INTEREST 29. COVENANT AGAINST CONTINGENT FEES 30. GRATUITIES 31. COLLUSION 32. INDEMNIFICATION 33. COST OR PRICING DATA 34. PRIVACY ACT 35. OWNERSHIP OF WORKS AND INVENTIONS
i
RFP 19-00012
36. NOTICES AND COMMUNICATIONS 37. BRAND NAME OR APPROVED EQUAL 38. FEDERAL FUNDING AND INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 39. CHANGES TO FEDERAL REQUIREMENTS 40. ACCESS TO THIRD PARTY CONTRACT RECORDS 41. DISPUTES 42. TERMINATION FOR DEFAULT 43. TERMINATION FOR CONVENIENCE 44. FEDERAL ENERGY CONSERVATION REQUIREMENTS 45. CIVIL RIGHTS REQUIREMENTS 46. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 47. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS 48. SUSPENSION AND DEBARMENT 49. CLEAN AIR AND WATER 50. COMPLIANCE WITH FEDERAL LOBBYING POLICY 51. FLY AMERICA 52. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENT 53. INTELLIGENT TRANSPORTATION SYSTEMS (ITS) REQUIREMENTS 54. PROMPT PAYMENT
ATTACHMENT 1 – PRICE SCHEDULE
APPENDIX A – DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS APPENDIX B – RESPONSIBILITY QUESTIONNAIRE APPENDIX C – PAST PERFORMANCE REFERENCES APPENDIX D – U.S. DEPARTMENT OF LABOR WAGE DETERMINATION (NOT USED) APPENDIX E – ENVIRONMENTAL COMPLIANCE (NOT USED) APPENDIX F – ENVIRONMENTAL COMPLIANCE BRIEFING PACKAGE (NOT USED) APPENDIX G – PRE-AWARD SURVEY (NOT USED) APPENDIX H – NOT RECOMMENDED AND NOT ACCEPTABLE CHEMICALS (NOT USED)
ii
SOLICITATION, OFFER AND AWARD CONTRACT NO. SOLICITATION NO. DATE ISSUED ADDRESS OFFER TO 19-00012
Draft Environmental Hampton Roads Transit Impact Statement for High 509 East 18th Street, Building 4 Capacity Transit Extension Norfolk, Virginia 23504 to Naval Station Norfolk SEALED Attn: Sonya Luther (East Side) BIDDING X NEGOTIATED June 7, 2018 The terms “bidder” and “offeror” are used interchangeably depending on the type of solicitation. SOLICITATION INFORMATION
Sealed offer (See proposal instructions) for providing the services in the Schedule will be received at the Commission until April 29, 2019, 2:00 p.m. Local Time All offers are subject to the following: 1. Solicitation Instructions, Schedule, Special, and General Provisions, included herein. 2. Solicitation amendments. 3. Such other provisions, representations, certifications, specifications, and documents as are attached or incorporated herein by reference.
SCHEDULE (To be completed by Offeror)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE BID AMOUNT
THIS SECTION NOT USED
OFFEROR (To be completed by Offeror)
Name and Title of Person Authorized to Sign Offer (Print or Type) Name ______Address ______Phone ______Fax ______Email ______
This is a binding offer subject to the terms and conditions Signature Offer Date contained herein and represents the bidder’s full compliance and intent to stay in compliance with the certifications and assurances herein.
AWARD (To be completed by Contracting Officer) ACCEPTANCE AND AWARD ARE HEREBY MADE FOR THE FOLLOWING ITEM(S): ITEM NO. QUANTITY UNIT UNIT PRICE BID AMOUNT
See Pricing Schedule
The total amount of this award is $______
Name of Contracting Officer and Organization Signature Award Date
Page 1
ACKNOWLEDGEMENT OF AMENDMENTS
Solicitation No.: 19-00012 Title: Draft Environmental Impact Statement for High Capacity Transit Extension to Naval Station Norfolk (East Side)
The undersigned, as part of submission of an offer for the above solicitation, hereby acknowledges receipt of the following amendments and certifies that the offer has been prepared in accordance with their provisions:
AMENDMENT NO. DATE TITLE/SUBJECT
ACKNOWLEDGED BY: ______(SIGNATURE)
SIGNER’S NAME: ______TITLE:______
FIRM NAME: ______DATE:______
Page 2
RFP 19-00012
INTRODUCTION
1. Purpose Hampton Roads Transit (HRT) is requesting proposals from qualified Consultants to prepare a Draft Environmental Impact Statement (DEIS) and ancillary deliverables for high capacity transit on the east side of the City of Norfolk serving Naval Station Norfolk. The intended purpose of this project is to evaluate reasonable alternatives in preparation for and the selection of a locally preferred alternative to advance into the Federal Transit Administration (FTA) Project Development process under the Capital Investment Grants (CIG) Program. 2. Solicitation Process This Request for Proposals is intended to solicit and obtain the qualifications of professional Consultants, their capabilities, and their approach to this project, all in the context of the Scope of Services defined herein. The award decision will be based on the evaluation criteria identified herein. HRT anticipates that it will make an award on the basis of initial proposals, without discussions (except to clarify information in a proposal) or negotiations. However, HRT reserves the right to hold discussions and negotiations as it considers necessary. If discussions are held, they will be with all firms considered to have a reasonable chance of obtaining the award, after which HRT may request that the firms remaining in competitive range submit a Best and Final Offer (BAFO). HRT reserves its right to reject any and all proposals, to award to other than the lowest-priced proposal, and to cancel this solicitation at any time before or after receipt of proposals. 3. Solicitation Distribution Solicitation packages, including any amendments, clarifications, and other information pertinent to this solicitation will be posted to the “Open Solicitations” section of the HRT website: http://www.gohrt.com/about/procurement/. While HRT will attempt to communicate such information to known recipients of the RFP, it is the responsibility of proposers to ensure that they obtain such information from an authoritative source. HRT will not provide printed copies of the solicitation package; it will provide a CD of the package at a charge of $25.00 per copy, certified checks or money orders only. Questions or requests for a CD should be addressed to Sonya Luther, Director of Procurement, at [email protected]. 4. Procurement Schedule The following schedule is provided for general guidance only, and is subject to change as the solicitation goes forward:
Page 3
RFP 19-00012
ACTIVITY DATE RFP Issued March 20, 2019 Thursday, April 4, 2019, 2:00 p.m. at Pre-Proposal Conference 509 East 18th Street, Building 4, Norfolk, VA 23504, Boardroom Last Date for Receipt of Questions Monday, April 8, 2019 Proposals Due Monday, April 29, 2019 Anticipated Award Date July 2019
Important Notice: Effective immediately upon release of this Request for Proposals (RFP), and until notice of contract award, all official communications from proposers regarding the requirements of this RFP shall be directed to the Contracting Officer identified below in accordance with the Instructions to Proposers, Item 9, Communications with the Commission: Sonya Luther Hampton Roads Transit 509 E. 18th Street, Building 4 Norfolk, VA 23504 Attn: [email protected] (757) 222-6000 Ext. 6419 5. Term of Contract The term of the Contract shall be for a period of thirty (30) months.
END OF SECTION
Page 4
RFP 19-00012 Instructions to Proposers
INSTRUCTIONS TO PROPOSERS
1. Cautions to Offerors A. Offerors are expected to examine all elements of this Request for Proposals. Failure to do so will be at the offeror's risk. B. Except as otherwise stated herein, “days” shall be considered to be calendar days. 2. Preparation of Proposals Proposers shall submit one (1) original and seven (7) hard copies of each volume, and one (1) electronic copy in PDF format on a flash drive. Proprietary information must be clearly marked as proprietary prior to submittal, in accordance with Section 18, Restriction on Disclosure and Use of Data. If the proposal contains proprietary information, the Offeror shall also include an electronic version of the proposal that has proprietary information redacted. The redacted version must be submitted on a flash drive and must redact all proprietary information. Section numbers which are redacted must be identified. The Offeror is responsible for ensuring that the redacted version of the proposal is carefully edited, altered, and refined in order to protect and maintain complete confidentiality of protected information. Business and Technical Proposals shall be submitted in separate sealed volumes identified on the outside of the package with the name of the proposing firm, the number and title of the solicitation. The proposal should be submitted in a three-ring binder, permitting the Commission to readily remove pages for distribution or copying and should be limited to 8.5 x 11 paper unless otherwise requested or necessary. The contents of the proposal reflect the Offeror’s approach to the project. A sufficient amount of detail needs to be included to permit a full and fair evaluation of the proposal. However, overly elaborate proposals, proposals which provide generic information or information not relevant to the subject matter of the solicitation, and proposals which do not show the capability to follow the instructions given herein will usually receive lower scores than those that reflect these instructions. The Commission reserves the right to reject all or any proposals, to award to a proposal other than the lowest priced, and to award a Contract without discussions, except for clarifications which do not modify the proposal or negotiations. Each Offeror should therefore ensure that its initial submittal represents the best possible combination of technical merit and low price. 3. Volume I, Business Information This volume shall address all non-technical aspects of the solicitation, including but not limited to the following:
Page 5
RFP 19-00012 Instructions to Proposers
Cover letter, identifying the principal point of contact for the proposer by name, title,
mailing address, telephone, facsimile, and email address. Tab A Signed Solicitation, Offer and Award form Tab B Acknowledgment of any Amendments Tab C Completed and Signed Pricing Schedule Tab D Completed and Signed Appendix A, DBE Forms Tab E Completed and Signed Appendix B, Responsibility Questionnaire Tab F Completed and Signed Appendix C, Past Performance References Certificate of Insurance, with Transportation District Commission of Hampton Roads Tab G named as additional insured (Due upon notification of intent to award) Tab H Any exceptions to the contractual terms and conditions, if applicable.
4. Volume II, Technical Proposal This volume shall address technical requirements, experience, qualifications, past performance, and references. Proposers should address all relevant aspects of the solicitation instructions, basis for award, evaluation factors, and Scope of Services. No cost/price information shall be included in the Technical Proposal. The proposal should address each element of the Scope of Services and each evaluation factor as listed. The content should include: Cover letter Table of Contents Tab A Executive Summary of the Offeror’s Capabilities and Skills Tab B Description of the Offeror’s Capabilities and Skills to include: • General history and background of the firm, and its partners or associates, including its ownership, size, and lines of business and specialties. • A description of the firm’s approach to the types of services described herein, identifying points of contact and responsibility within the firm, and whether specific portions of the services will be provided by outside firms. • Provide at least five (5) references for similar services performed within the past five years that include written project descriptions detailing the firm’s professional experience and accomplishments similar to the scope requirements defined herein. Also include points of contact by name, title, address, phone number and email address. Tab C Project Approach and Strategy The firm shall provide a discussion of how the proposed approach would benefit
Page 6
RFP 19-00012 Instructions to Proposers
HRT, and features providing enhancements beyond the Scope of Work. A proposed project schedule, including a task breakdown shall be included. Tab D Project Organization and Key Personnel The firm shall provide the proposed staff organization, including one or more organizational charts and a narrative describing how the project team members would interact with HRT staff and each other. The upward reporting within the firm’s organization should be addressed. Identification of Key Project Personnel should include the proposed assignments; relevant professional qualifications, licenses, and experience. The proposal should identify the current assignments of each Key Project Person, the percentage of time he/she would be committed to this project, and the date(s) of availability. Tab E Specialized Experience on Similar Projects The firm shall describe experience with projects of similar scope and size, including identification of all similar projects undertaken in the past seven (7) years, the scope and duration of the firm’s involvement in each project, and owner/prime Consultant references by name, title, address, telephone, and email address. If the Proposer, or any team member, has been terminated from a project within the past three (3) years, the circumstances should be discussed. Tab F Local Presence and Understanding The firm shall address their local presence, including office locations where the work will be performed, staffing levels, and previous experience in the Hampton Roads area, particularly with publicly-funded projects. Proposers should specifically identify where the proposed Project Manager(s) will be located for the duration of the effort. Tab G Narrative Summary of deviations from the Scope of Services outlined in the RFP.
5. Pricing Pricing will be on the basis of a firm fixed price. The total price proposed shall include all direct costs, indirect costs, overhead and profit, and Other Direct Expenses (travel, meals, hotels, etc) and represent the total amount payable by HRT for these services. 6. Evaluation Criteria (in order of relative importance) A. Technical Merit (75 Points) Project Approach and Strategy (30 points) The technical proposal should enable evaluators to make a thorough evaluation as to whether the proposal will meet HRT’s requirements. Each technical proposal shall be detailed and complete as to clearly
Page 7
RFP 19-00012 Instructions to Proposers
demonstrate the offeror’s proposed approach to the project and that the offeror has a thorough knowledge and understanding of the following: i. The local political and economic environment; federal transit planning processes; environmental planning as it relates to fixed guideway systems, public outreach, and consensus building; transit financial planning; and, traffic analyses; ii. Transit (bus and light rail) operations and systems; transit safety and security; and, ridership forecasting; iii. The quality, completeness, and thoroughness of the project approach; and, iv. How the offeror plans to attain the objects for this project, including any proposed efficiencies, enhancements, and/or alternatives providing benefits to the Commission beyond those identified in the Scope of Work. Project Organization and Key Personnel (20 points) The proposal should clearly indicate the proposed Project Manager, proposed task leaders, supporting staff, primary office and location of all proposed staff, and project organization by discipline and availability of appropriate personnel. If a team approach is proposed, personnel should be identified by their employer. Emphasis will be placed upon demonstrated ability to effectively interact with and support a public entity such as HRT. Specialized Experience on Similar Projects (15 Points) The proposal should demonstrate the firm’s experience in successfully completing similar projects for a public transit entity; management approach used to complete the project within the specified time frame and within budget; and, the level, complexity, and quality of work performed on similar projects. Past Performance (10 Points) Relevant references including the customer’s name, contact person's name, telephone number, and email address. Each reference should identify the project involved, the starting and ending dates, and the Scope of Work performed, identifying any features of particular significance to this project. B. Price. (25 Points) The price for each offeror will be compared against the values assigned the various elements of the technical proposal. The evaluators will determine whether additional technical merit in a proposal justifies a higher price. The objective of this process is to obtain the best available combination of technical capability and price. 7. Evaluation Process Proposals will be evaluated by a panel of Commission personnel possessing appropriate expertise in the subject matter of the solicitation, generally in accordance with the following process. The Evaluation Panel will be led by the Contracting Officer. The Evaluation Panel may utilize other resources inside or outside HRT for assistance in the evaluation process. The
Page 8
RFP 19-00012 Instructions to Proposers proceedings of the evaluators shall be considered confidential and not subject to public disclosure to the fullest extent permitted by the Virginia Freedom of Information Act. An initial evaluation will be made of all proposals received. Based on this evaluation, the Contracting Officer may (1) determine that one proposal is clearly superior to all others; determine that the price of that proposal is fair and reasonable; and recommend that HRT accept that proposal without discussions; (2) determine that no proposals are capable of meeting HRT’s needs and recommend cancellation of the solicitation; or (3) determine which firms, based upon the initial proposals received, are capable of meeting HRT’s requirements at prices capable of being determined fair and reasonable after negotiations (the competitive range). Following the initial evaluation, offerors may be requested to submit additional information in writing, by telephone or by a meeting with the evaluators. The Evaluation Panel may then (1) recommend a proposal for award; (2) narrow the number of firms considered for award; (3) request additional information; (4) recommend one or more firms for negotiations; or (5) determine that no offeror is capable of meeting HRT’s requirements and recommend cancellation of the solicitation. This may include investigation of an offeror’s responsibility, including contact with previous customers of the offeror. Discussions may be conducted with the offerors who remain within the competitive range, through oral presentations, written presentations, or electronic communications, as the Contracting Officer deems appropriate. Price and Technical negotiations will be conducted only with offerors within the competitive range, as determined by the Contracting Officer. Offerors may be requested to provide additional pricing information and clarifications, or certified cost or pricing data, if deemed appropriate by the Contracting Officer. Proposals whose combination of technical and pricing offers are considered incapable of receiving an award may be rejected. At the end of the evaluation/negotiation process, the Contracting Officer may request all offerors under consideration for award to submit a Final Proposal Revision (also called a Best and Final Offer), incorporating the offeror’s best technical and financial offer based upon the discussions and negotiations conducted. Receipt of such offers shall denote the close of the evaluation/negotiation process, and, unless the Contracting Officer determines that no Final Proposal Revision is capable of award, no further proposal modifications will be permitted. Upon completion of the evaluation and negotiation process, the Evaluation Panel shall determine the proposal which represents the best overall value to the Commission, and the Contracting Officer will prepare a recommendation that the Commission accept the proposal and award a Contract. The Contracting Officer may conduct a pre-award survey to determine if an offeror is responsible both financially and technically and has the capability to perform the work. Upon Commission approval, the Contract will be executed on behalf of the Commission and issued to the successful offeror. No decision or recommendation by Commission staff shall be binding unless approved by the Commission in accordance with its procedures and applicable law.
Page 9
RFP 19-00012 Instructions to Proposers
HRT reserves the right at any time during the evaluation process to reject some or all proposals; award a Contract without further discussions or negotiations; or to award a Contract to other than the lowest-priced proposal. 8. Basis for Award This is a negotiated procurement based on best value as described herein. 9. Communications with the Commission All communication in regard to any aspect of this solicitation shall be with the Contracting Officer, not with any members of the Commission, or its employees or Contractors, in regard to any aspect of this solicitation. Violation of this requirement may lead to the rejection of the offender’s proposal or cancellation of the solicitation. If the offense is egregious and causes cancellation of the procurement, the offending party will not be permitted to participate in any resolicitation as either an offeror or a Subcontractor. Any explanation desired by an offeror regarding the meaning or interpretation of any portion of the solicitation shall be requested in writing. Oral explanations or instructions given before the award of the Contract shall not be binding. Material information which alters a substantive portion of the solicitation will be furnished promptly to all prospective offerors as a written amendment. Matters clarifying but not altering the solicitation may be provided in writing to all prospective offerors, but shall not amend the solicitation. 10. Solicitation Amendments Revisions and amendments shall be announced by written amendment to this solicitation. Copies of such amendments shall be furnished to all prospective offerors known to the Contracting Officer, and may be posted on an internet site if one is established for this solicitation. If the revisions and amendments require substantial changes to the contents of proposals, the time for receipt of proposals may be extended at the discretion of the Contracting Officer. Offerors are responsible for ensuring that they have received all amendments and incorporated any changes in their proposals. Offerors are requested to acknowledge receipt of all amendments as part of the Solicitation, Offer and Award form. Failure to acknowledge an amendment will not automatically disqualify an offeror, but failure to address any changes in the proposal may lead to it receiving a lower score than would otherwise be the case. 11. Submission of Proposals Offers and modifications thereof shall be enclosed in sealed envelopes and addressed to the office specified in the Schedule. Electronic proposals or modifications will not be considered unless specifically authorized in this solicitation or by the Contracting Officer. Offers or
Page 10
RFP 19-00012 Instructions to Proposers modifications thereto may be withdrawn by written or electronic notice, provided such notice is received prior to the hour and date specified for receipt or proposals or modifications. Proposals shall be mailed or hand-delivered to the following address: Hampton Roads Transit 509 East 18th Street, Building 4 Norfolk, VA 23504 Attn: Sonya Luther, RFP No. 19-00012 12. Late Submissions, Modifications, and Withdrawals of Offers A. Any proposal, modification, or revision, that is received at the designated Commission office after the exact time specified for receipt of proposals is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late proposal would not unduly delay the acquisition; and - i. If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the HRT infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or ii. There is acceptable evidence to establish that it was received at the HRT office designated for receipt of proposals and was under HRT’s control prior to the time set for receipt of proposals; or iii. It was the only proposal received. B. However, a late modification of an otherwise successful proposal, that makes its terms more favorable to HRT, will be considered at any time it is received and may be accepted at any time prior to award. C. Acceptable evidence to establish the time of receipt at the HRT office includes a time/date stamp or handwritten notation of personnel in that office on the proposal wrapper, other documentary evidence of receipt maintained by the office, or oral testimony or statements of HRT personnel. D. If an emergency or unanticipated event interrupts normal HRT processes so that proposals cannot be received at the HRT office designated for receipt of proposals by the exact time specified in the solicitation, and urgent HRT requirements preclude amendment of the solicitation closing date, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which the HRT office is open to the public.
Page 11
RFP 19-00012 Instructions to Proposers
13. Electronic Communications To the extent permitted herein, communications to or from the Commission may be by electronic means. Any electronic communication sent to the Commission must be confirmed by hard copy received by the Commission not more than 48 hours after the initial electronic communication is sent. 14. Minimum Proposal Acceptance Period Commission requires a minimum acceptance period of ninety (90) calendar days after receipt of the proposal or any modification thereof, including a Final Proposal Revision. 15. Contract Award and Notice to Proceed A. A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding Contract without further action by either party. B. A Notice to Proceed (NTP) shall be issued by Commission before any work begins on this Contract. A conference may be held to issue the Notice and to establish a working understanding of the Contract and work required. The NTP establishes the beginning of the performance period. 16. Notice of Protest Policy Commission policy and procedure for the administrative resolution of protests is set forth in Section B.3.9 of the Procurement Procedures Manual (PPM). The PPM contains strict rules for filing a timely protest, for responding to a notice that a protest has been filed, and other procedural matters. The Contracting Officer can furnish a copy of this Section upon request. The Commission has, in this Section, defined matters which may be protested, the form of protest, and the time limits for submitting protests during different stages of the procurement process. Chapter VI, §1 of Federal Transit Administration (FTA) Circular 4220.1F addresses protests of solicitations utilizing Federal funds. FTA will only review protests regarding the alleged failure of the grantee to have a written protest procedure or failure to follow such procedure, or protests alleging a violation of Federal law or regulation. FTA will not consider a protest until the protestor has exhausted its local administrative remedies. 17. Oral Presentations Oral presentations may be required. If so, oral presentations will be conducted with all firms in the competitive range. The oral presentation should utilize a visual methodology such as PowerPoint™ or overhead slides and include printed copies for the evaluators. No cost/price information shall be included in the presentation. The purpose of the presentation is to provide clarifications and to respond to any questions or concerns regarding the proposal raised by the evaluators. The presentation itself is not an evaluation factor; however, any clarifications,
Page 12
RFP 19-00012 Instructions to Proposers discussions, or changes to a proposal requested as a result of the presentation shall be made in writing and will thereafter be considered in the evaluation. 18. Restriction on Disclosure and Use of Data The Commission is subject to the Virginia Freedom of Information Act (Code of Virginia, §2.2- 3700 et seq.). To the extent permitted by that Act, the Commission shall provide all reasonable precautions to ensure that information properly identified by an offeror as proprietary is held confidential within the review process. Offerors shall attach to each page containing any proprietary data of any proposal or modification thereof the following legend: This page contains data which is proprietary to the offeror or confidential business information not subject to disclosure under the Virginia Public Records Act, the Commission’s policies, or the terms of this solicitation. It is therefore not to be disclosed inside or outside HRT, be duplicated, or used in whole or in part, for any purpose other than to evaluate this offer; provided that, if a Contract is entered into on the basis of this offer, HRT shall have the right to duplicate, use, and disclose this data as part of the Contract document or as required for performance of the Contract. Identification of such proprietary information must be specific. Any general identification of the document as a whole, or of pages which patently do not contain proprietary information, shall render the entire document non-confidential. 19. Disadvantaged Business Enterprise (DBE) Participation: An 8% DBE goal has been established for this solicitation. Please see Appendix A for information and guidance. 20. Organizational Conflicts of Interest: Unless specifically exempted from the conditions of this provision by the Contracting Officer, any HRT Contractor, Subcontractor, subsidiary, or other entity which is legally related to an entity or party which develops or drafts specifications, requirements, statements of work, Invitations for Bids, or otherwise is in a position to influence the nature, scope or conditions of a subsequent Commission solicitation or Contract, shall be excluded from competing under such solicitation or receiving such Contract. See also Section 28 of the General Conditions, Conflict of Interest. If a proposer is uncertain whether or not a conflict exists, it should promptly contact the Contract Administrator for a determination. Such inquiries and responses will not be published to other potential proposers. FTA Circular 4220.1F ¶VI.2a(4)(h) and §2.2-4373 of the Code of Virginia define prohibitions on personal and organizational conflicts of interest, which are further discussed in §2.4.2.2.2 and Appendix B.10 of the FTA’s Best Practices Procurement Manual. In general, a personal conflict of interest
Page 13
RFP 19-00012 Instructions to Proposers reflects an individual’s ability to influence the award of a Contract and to profit from the result of that award. An organizational conflict exists when any of the following exist: (1) a firm has access to non-public information as the result of performing a government Contract and can use that information to advantage in competing for another government Contract; (2) a firm influences the ground rules (specification or contractual terms) for a government solicitation, potentially biasing those ground rules in its own favor; or (3) a firm’s work under one government Contract requires it to evaluate itself or its work product under another Contract, impairing its objectivity. Should an offeror be aware of a potential conflict of interest, it shall identify the potential conflict in its proposal, together with measures it proposes to remove or mitigate the conflict. Should any person or entity planning to submit an offer hereunder be aware of any situation which may fall under the above prohibitions, it shall, no later than the time of submittal of its offer, identify in writing to the Contracting Officer (1) the nature of the potential conflict; (2) steps it may take to mitigate the conflict; and (3) request a waiver of the conflict. The decision of the Contracting Officer regarding such potential conflicts and possible mitigation measures shall be final. Failure to submit such a statement before or with an offer shall be deemed a certification by the offeror that, to the best of its knowledge and belief, no such conflict exists. In the event that an offeror fails to disclose such conflict as required herein, its offer may be rejected. Should an offeror become aware of a potential conflict after the submittal of an offer, it shall promptly notify the Contracting Officer in writing, providing the information required above together with a statement of why the conflict should not have been identified prior to submittal of the offer. 21. Ineligible Proposers No excluded proposer listed on the U.S. Government’s System for Award Management (SAM) or otherwise barred from public contracting by the U.S. government or the Commonwealth of Virginia shall be awarded a Contract hereunder. SAM may be found at https://www.sam.gov/portal/public/SAM/. The Virginia Department of General Services Debarred List and Suspended List may be found at http://www.eva.virginia.gov/.
END OF SECTION
Page 14
RFP 19-00012 Scope of Work
SCOPE OF WORK
DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR HIGH CAPACITY TRANSIT EXTENSION TO NAVAL STATION NORFOLK (EAST SIDE)
TABLE OF CONTENTS
Purpose 19 Project Background and Description 19 Key Project Study and Analysis Needs 19 Alignment Alternatives and Technologies to be Evaluated 20 Study Materials 21 Task 1: Project Management 22 1.1 General Project Management and Oversight 22 1.2 Work Management Plan 23 1.3 Project Master Schedule 23 1.4 Monthly Progress Reporting 23 1.5 Progress Meetings 24 1.6 Quality Assurance/Quality Control Plan 24 1.7 Document Control and Project Files 24 1.8 Technical Library 24 Task 2: Project Scoping/Notice of Intent 25 2.1 Notice of Intent 25 2.2 Coordination 25 2.3 Scoping 26 Task 3: Purpose and Need 27 3.1 Purpose and Need Statement 27 3.2 Existing and Future Conditions 28 Task 4: Alternatives Considered 28 4.1 Identification and Refinement of Alternatives and Technologies 28
Page 15
RFP 19-00012 Scope of Work
4.2 Evaluation Methodology/Framework 29 4.3 Definition of Conceptual Options (Tier 1) 30 4.4 Tier 1 Screening 31 4.5 Documentation of Results of Tier 1 Screening and Recommendations for Tier 2 Alternatives 32 4.6 Definition and Screening of Detailed (Tier 2) Alternatives 32 Task 5: Preparation and Execution of Environmental Analysis 33 5.1 Land Use and Zoning 33 5.2 Neighborhoods and Community Resources 34 5.3 Environmental Justice 34 5.4 Visual and Aesthetics 35 5.5 Cultural, Historical and Archeological Resources 35 5.6 Parklands 36 5.7 Safety and Security 36 5.8 Natural Resources 36 5.9 Water Resources 37 5.10 Air Quality 38 5.11 Noise and Vibration 39 5.12 Hazardous Materials 39 5.13 Energy 40 5.14 Construction Impacts 40 5.15 Cumulative Impact Assessment 40 5.16 Section 4(f) 41 Task 6: Public/Agency Involvement and Engagement 41 6.1 Public/Agency Involvement Plan 41 6.2 Project Committees 44 6.3 Maintain Database/Project Mailing List 45 6.4 Project Website and Social Media Coordination 46
Page 16
RFP 19-00012 Scope of Work
6.5 Video and Simulations 46 6.6 Project Logo, Newsletters, Fact Sheets, Flyers and Presentation Materials 46 6.7 Public and Stakeholder Meetings 47 6.8 Report on Public/Agency Involvement for Draft Environmental Impact Statement 48 Task 7: Conceptual Alternatives Design Evaluation 48 7.1 Alternative(s) Definition and Evaluation 48 7.2 Route/Alignment Development 49 7.3 Station Identification and Planning 49 7.4 Vehicle Storage/Maintenance Facility Requirements 50 7.5 Right-of-Way Requirements and Windshield Appraisals 51 7.6 Station Area Planning and Preliminary Station Architecture 52 7.7 Assess Station Area Economic Development Potential 52 7.8 Traffic Data Analysis 52 7.9 Grade Separation Analysis 54 7.10 Traffic Simulations 54 7.11 Technical Rating of Alternative Designs, Operations and Costs 55 7.12 Selection of Locally Preferred Alternative 55 7.13 Public Meetings on Selection of Locally Preferred Alternative 56 7.14 Preparation of Final Report 56 Task 8: Operations and Ridership 56 8.1 Patronage Forecasting 56 8.2 Conduct Sensitivity Testing of Travel Projections 57 8.3 Bus and Rail Operations Planning 58 8.4 Bus Fleet Management Plan 58 8.5 Rail Fleet Management Plan 59 Task 9: Cost Estimating and Financial Plan 60 9.1 Capital Cost Estimating 60
Page 17
RFP 19-00012 Scope of Work
9.2 Operations and Maintenance Cost Estimating 60 9.3 Financial Planning 61 9.4 Financial Planning Methodology Report 61 9.5 Develop Project Financial Plan 62 Task 10: Draft Environmental Impact Statement 63 10.1 Prepare Preliminary Draft Environmental Impact Statement 63 10.2 Public Hearing(s)/Notice of Availability 63 10.3 Prepare Summary of Public Hearings and Response to Public Comments on the Draft Environmental Impact Statement 64 10.4 Prepare Final Draft Environmental Impact Statement 64
Page 18
RFP 19-00012 Scope of Work
Purpose Hampton Roads Transit (HRT) is requesting proposals from qualified Consultants to prepare a Draft Environmental Impact Statement (DEIS) and ancillary deliverables for high capacity transit on the east side of the City of Norfolk, serving Naval Station Norfolk. The intended purpose of this project is to evaluate reasonable alternatives in preparation for, and the selection of, a locally preferred alternative (LPA) to advance into the Federal Transit Administration (FTA) Project Development process under the Capital Investment Grants (CIG) Program. The DEIS shall provide a full and open evaluation of environmental issues and alternatives, and inform decisionmakers and the public of reasonable alternatives that could avoid or minimize adverse impacts, and enhance the quality of the environment. Project Background and Description HRT, the City of Norfolk, and the Hampton Roads region have identified a need for high capacity transit mobility and connectivity from The Tide light rail system to Naval Station Norfolk. In 2015, HRT, in partnership with the City of Norfolk, completed the Naval Station Norfolk Transit Extension Study (NSNTES) which functioned as an Alternatives Analysis to look at a wide variety of alignments and technologies throughout the City of Norfolk [see NSNTES (2015)]. As documented in the NSNTES, no consensus was achieved regarding the precise alignment connecting from The Tide to Naval Station Norfolk on the east side of the City. HRT and the City of Norfolk have evaluated initial corridors and development needs within the City and have determined that a connection along the eastern side of Norfolk would serve this need at a regional level and would provide for resiliency and redevelopment opportunities to support both the City of Norfolk and the greater Hampton Roads region. As an outcome of the 2015 NSNTES study and at the request of the FTA, a refined analysis of alignment alternatives on the west side of the City of Norfolk was conducted in order to evaluate the feasibility of high capacity transit. The conclusion of the Norfolk Westside Transit Study was a “No-Build” solution for the west side of the City of Norfolk. This project will focus on evaluating, and ultimately identifying, a reasonable alternative and fixed guideway mode to implement high capacity transit on the east side of the City that can be advanced as the “Build” Alternative for the DEIS under the National Environmental Policy Act (NEPA). The goal of this work is to ultimately advance this project into the FTA Project Development process under the CIG Program. The work effort shall also include an approximately ten percent (10%) conceptual level of design that shall support decision-making for the locally preferred alternative. Key Project Study and Analysis Needs The following key project study needs have been identified that warrant priority consideration during the DEIS:
Page 19
RFP 19-00012 Scope of Work
• Dedicated project leadership/management with expertise in developing a DEIS under updated provisions of NEPA and to proceed within the FTA’s CIG program. • Operation and Ridership Modeling: o Models each alternative for all reasonable and feasible alignments and technologies and supporting preliminary feeder bus network. o Various extended network scenarios that assume a 20-year build-out vision with transit connectivity of a regional transit system. This may include connections to a Peninsula Bus Rapid Transit (BRT) System, the Greenbrier area of Chesapeake, the HRBT, and a potential connection to other corridors within the region. o Operation and ridership modeling utilizing the FTA’s Simplified Trips-on-Project Software (STOPS) that is clear, comprehensive and easily understood. • Traffic modeling, signal timing and innovative intersection visualizations for dedicated and shared use operational planning scenarios. • Assistance coordinating operational scenarios, gate access and security considerations at nearby and/or adjacent to federal military facilities. • An innovative and engaging public outreach, involvement and education process. Public outreach shall include traditional and non-traditional methods, with the use of high quality and innovative tools; including videos, high quality maps, marketing materials, use of technology, and person-to-person/person-to-organization approach in the engagement of the public. • Detailed capital and operating cost estimation to support a broad understanding of cost of construction and annual operating and maintenance costs. • Detailed analysis of alternative project financing methodologies. Alignment Alternatives and Technologies to be Evaluated Alignment alternatives and technologies to be evaluated through this project include, but are not limited to the following: • Alignment(s) starting from The Tide shall consider Military Highway, West Little Creek Road, and upper portions of Hampton Boulevard. • Conceptual alignment corridors shall provide at a minimum a No-Build Alternative and a connection from the Tide to Naval Station Norfolk (NSN), with the following intermediary destinations to be considered o A No Build Alternative which includes maintenance of the existing bus system and The Tide
Page 20
RFP 19-00012 Scope of Work
o Connection from The Tide to the Military Circle Mall/JANAF Shopping Center, Sentara Leigh Hospital, and access to Ikea/Norfolk Premium Outlets areas o Connection to Ward’s Corner retail corridor o Connection from The Tide to Norfolk International Airport o Connection from The Tide to NSN • Additional alignment alternatives that address the project's refined Purpose and Need may be added to the DEIS development and analysis process if identified during the scoping process and determined to be reasonable and feasible. The transit technologies to be evaluated for the DEIS include BRT and Light Rail.
Note: The maps above are from the 2015 NSNTES or is conceptually representative of the study area. The maps do not necessarily, identify all of the alignments that will be used as the universe of alternatives and/or how the alignments will provide access near and/or adjacent to a particular gate at Naval Station Norfolk Study Materials Study materials will be made available and/or are online and should be reviewed by the Consultant: • Federal Transit Administration’s - Environmental Standard Operating Procedures: https://www.transit.dot.gov/regulations-and-guidance/environmental- programs/environmental-standard-operating-procedures
Page 21
RFP 19-00012 Scope of Work
• Naval Station Norfolk Transit Extension Study (NSNTES - 2015) (Hampton Roads Transit): https://gohrt.com/wp-content/themes/gohrt_com/includes/reports/20161103_FINAL- NSN_Report_05122015_V2_with-Appendices.pdf • Norfolk Westside Transit Study (Hampton Roads Transit): https://gohrt.com/wp-content/themes/gohrt_com/includes/reports/Norfolk-Westside- Study-Final-Report-Jul-2018.pdf • Military Circle/Military Highway Urban Development Area Plan (City of Norfolk): https://www.norfolk.gov/DocumentCenter/View/27580 • Ward’s Corner Urban Development Area Study (City of Norfolk): https://www.norfolk.gov/index.aspx?nid=3947 • Master Plan for Norfolk International Airport (Norfolk International Airport): http://orfmasterplan.com/ • Peninsula Corridor Study Final Report: https://gohrt.com/wp-content/uploads/2018/08/Peninsula-Corridor-Study-Final- Report.pdf • Peninsula Documented Categorical Exclusion – Current Project Task 1: Project Management The Project Manager/Management Team shall work closely with the HRT Project Manager and staff as the required tasks are executed as identified in the Scope of Work. Project management roles and agency coordination methods shall be defined as a part of this task. All proposed project systems and procedures must be compatible with HRT systems and software and must approved by HRT’s Project Manager. Reports should be professional, clear, concise, easy to read and understand, logically organized and structured to provide relevant and important information. Reports must provide the needed information for FTA reporting requirements and quarterly reviews and assure HRT that the work is being accomplished as required. 1.1 General Project Management and Oversight This subtask includes the efforts of the Consultant’s Project Manager and key staff in the supervision and administration of the Project. The Consultant shall identify a Project Manager who will be the primary point of contact with HRT’s Project Manager. The Consultant shall provide a system for project controls; including, necessary procedures for conducting the work and managing resources, communications, budget and schedule controls
Page 22
RFP 19-00012 Scope of Work
and monitoring, reporting project status and progress, document control quality assurance/control and administration. The Consultant’s Project Manager shall be responsible for the project schedule, staffing plan, coordination of work of all Sub-Consultants, invoicing, correcting or adjusting project activities that divert from the adopted scope, schedule, or quality and to bring these issues to the attention of HRT’s Project Manager. The Consultant’s Project Manager shall be responsible for all project deliverables and shall further be responsible for coordinating all quality reviews of materials prior to delivery to HRT. 1.2 Work Management Plan The Work Management Plan (WMP) shall be prepared and periodically updated and maintained as needed. The WMP shall define the following: • Project team identification, role assignments to related deliverables • Project organization • Work scope and schedule • Project management, control and monitoring • Communications plan • Quality management plan/procedures 1.3 Project Master Schedule The Consultant shall develop and maintain a Project Master Schedule utilizing an acceptable/compatible tool approved by HRT. The schedule shall indicate activities (by work task), start/end dates, activity duration, product submittal dates, relationships among work tasks (including critical path items), and float time. Once the Project Master Schedule has received HRT’s approval, it shall be recorded in the project file as the Project Schedule. Activity descriptions shall briefly convey the scope of that task. Activities shall be discrete items of work that produce definable, logical steps and milestones within the project. The schedule shall account for interface with and review by HRT and other agencies. The schedule shall be updated monthly to correspond with the submission of the Monthly Progress Report. The schedule shall not be resource or cost loaded. Modifications to the Project (Master) Schedule must receive prior approval from HRT prior to changes being made and/or accepted. 1.4 Monthly Progress Reporting Each month a progress report shall be submitted to HRT’s Project Manager. The report shall document the staff (including staff name and role associated with the project) and hours spent
Page 23
RFP 19-00012 Scope of Work
by task during the previous month, the cumulative hours to date by task, a comparison to the budgeted hours, dollars spent during the month by task, with a comparison to the budget and a clear detailed description of tasks or deliverables completed during that month. The report shall also include a statement of resolution or action for resolution of identified problems that may have been encountered during the past month. Progress reports shall be issued in the first week of each month for the preceding month and accompany the project invoice. The monthly project report and invoice shall be prepared in a format acceptable to HRT and shall be agreed to at the beginning of the work effort. 1.5 Progress Meetings The Consultant shall conduct bi-weekly progress meetings with HRT in order to monitor and document the work progress. The Consultant shall be responsible for providing administrative support and materials to effectively set up and conduct meetings (in person, phone, or Skype), to include agendas, sign-in/attendee sheets, an action item list, meeting materials and meeting minutes. Progress meetings shall highlight specific tasks, deliverables and issues which have become critical or otherwise affect orderly performance of the work. The agenda shall be distributed a minimum of two (2) business days prior to the meeting. Meeting minutes shall be distributed for review within three (3) business days after the meeting date. 1.6 Quality Assurance/Quality Control Plan The Consultant shall ensure all work products are of high quality through an internal quality control (QC) process performed by the Consultant that is reviewed and approved by HRT. This QC process shall ensure that quality is achieved through inspection, review and surveillance of work activities. 1.7 Document Control and Project Files The Consultant shall develop and implement a Document Control Plan for operation and application. This system shall be consistent with the established HRT system. This system shall be developed at a level needed to support the project effort. This is expected to be utilized to primarily track relevant project materials, deliverables and correspondence. The project correspondence procedure shall control the distribution of written correspondence and shall require copies of all written correspondence pertaining specifically to this project be provided to HRT for its records. 1.8 Technical Library The Consultant shall provide all documents to HRT for the technical project library, including all project final deliverables, all related reference materials used for this project, and supporting documentation. HRT prefers all such documents be submitted electronically in their native format and as a converted pdf.
Page 24
RFP 19-00012 Scope of Work
Deliverables: • Work Management Plan • Project Master Schedule with identified critical paths and monthly schedule updates • Monthly progress reports and invoices (including DBE report) • Bi-weekly progress meetings and meeting materials • QA/QC Plan • Contract deliverables and reference materials for submittal to HRT Records Management/Document Control Task 2: Project Scoping/Notice of Intent 2.1 Notice of Intent The FTA’s publication of a Notice of Intent (NOI) to prepare an EIS will be announced in the Federal Register. This will formally start the scoping comment period for the EIS. The FTA Regional Counsel and FTA staff will be responsible for preparing the NOI and having it published. The Consultant shall provide support for the preparation of the draft NOI. This includes support of related activities required; to include a description of the proposed action, the scoping process and all related content per 40 CFR 1508.22 to ensure the draft NOI includes all required information. The draft NOI shall be sent to the FTA for review of language and tone, and the document shall be refined and updated based on HRT’s and the FTA’s comments and guidance. The Consultant shall be responsible for leading the coordination of activities related to the scoping process and scoping meetings, notice, collection of information and materials to post on the Infrastructure Permitting Dashboard [23 USC § 139 (o)], and review/comment periods consistent with Federal, State, and local requirements. 2.2 Coordination The Consultant shall support the development of the draft coordination plan to ensure compliance with statutory or guidance deadlines and as required after the publication of the NOI, as required in 23 USC § 139 (g)(1)). The plan shall identify interagency coordination, public involvement, timeframes, etc., and be updated and posted as required. The Consultant shall support HRT in ongoing coordination with the FTA, interested and affected parties, and federal, state, and local agencies to secure agreement and approval of the methodologies being used, the data collected, evaluation and assessment analysis, the definition of alternatives, and the process for the selection of the LPA. The FTA, the
Page 25
RFP 19-00012 Scope of Work
Virginia Department of Rail and Public Transportation (DRPT), and the City of Norfolk should clearly understand the alternatives to be addressed in the DEIS. As referenced in the project scope (Section 6.2) a Technical Advisory Committee (TAC) shall be created. The TAC shall be composed of agencies and entities that will have relevant technical input on the scoping process. The Consultant, in coordination with HRT staff and the City of Norfolk, shall meet throughout the duration of the study with the TAC to discuss proposed alternatives and possible issues that will need to be addressed by the DEIS. 2.3 Scoping As referenced in 40 CFR 1501.7; scoping is the process that determines the scope of issues to be addressed and to identify significant issues related to the proposed action. The Consultant shall reference CFR and 23 USC §139 and 40 CFR 1501.7 as the framework and standard procedures for this effort. The scoping process shall include a high-level schedule to consist of high-level milestones that may be revised as necessary as part of the process. Work for this effort shall include, but not be limited to, the public notice, scoping information packet, meetings, and public outreach. This work may include (but not be limited to) a series of activities that engage the public; examples include, meetings, telephone conversations, written comments, engagement events, and related efforts to seek input for the environmental review process. These public scoping activities shall offer opportunities to gather input on the draft Purpose and Need, proposed alternatives to be studied, seek input for any additional alternatives to consider, potential issues and impacts of alternatives, present general project information, schedule, estimated costs, social, economic or environmental issues related to the proposed alternatives, receive public comment, and related work. The Consultant, in coordination with HRT staff, the FTA, and the City of Norfolk, shall meet with the Stakeholder Advisory Committee (SAC) (see Section 6.2) to discuss proposed alternatives and possible issues that will need to be addressed by the DEIS. Additional interagency coordination shall be required as part of the scoping process and within the timeframes required. Draft Coordination Plan The Consultant shall create a draft coordination plan. The plan shall describe how HRT and the FTA will engage with the public and agencies during the environmental review process, identify agency roles and responsibilities, interagency coordination, public involvement activities and proposed timeframes. This plan shall be in a format agreed upon by HRT and the FTA. A high-level schedule with high-level milestones for the environmental review process shall be included in the coordination plan.
Page 26
RFP 19-00012 Scope of Work
Scoping Summary Report The Consultant shall create a report that documents an analysis of comments and all related information, material, and input from the interagency coordination, the public, and the TAC. This document shall detail the alternatives being studied and identify issues that are proposed to be addressed in the DEIS. This report shall include an analysis of the comments received, an annotated outline of the DEIS and documentation of the scoping process. Deliverables: • Draft Coordination Plan – Draft • Draft Coordination Plan – Final • Scoping Summary Report – Draft • Scoping Summary Report – Final Task 3: Purpose and Need 3.1 Purpose and Need Statement Utilizing the Purpose and Need Statement identified in the 2015 NSNTES Local Corridor Planning Results, and as approved by Norfolk’s City Council as a guide, the Consultant shall prepare the refined Purpose and Need Statement. The draft Purpose and Need statement shall be submitted to the FTA for review. The Consultant shall also work with the project committee structure (Executive Project Management Committee), the TAC, and the SAC in the development of evaluation criteria for the Purpose and Need. The refined Purpose and Need Statement must address current and future conditions based on a 2040 planning horizon [or the 2045 Long Range Transportation Plan (LRTP) if it is adopted by the Hampton Roads Transportation Planning Organization (HRTPO) at the time the work effort is performed] for purposes of regional planning and on a planning horizon consistent with FTA New Starts criteria for the First Year of Operations and a 20-year operational horizon. The Purpose and Need Statement shall, at minimum, consist of the following: • Corridor description; including, high quality maps, demographics, development, and transportation trends; • Corridor travel demand and transportation deficiencies and improvement needs.
Page 27
RFP 19-00012 Scope of Work
Deliverables: • Purpose and Need Statement – Draft • Purpose and Need Statement – Final 3.2 Existing and Future Conditions In consultation with HRT, the City of Norfolk, the HRTPO, Norfolk Airport Authority, the United States Navy, and other appropriate stakeholders, the Consultant shall document the existing and future conditions in the study area with their underlying causes. To the greatest extent possible, the Consultant shall use the 2015 NSNTES as the baseline for documentation related to existing and future conditions, with updates as required based on updates, changes, and development in the study area since the 2015 NSNTES was released. The background materials to be compiled include base mapping for the study area, recent aerial photography, study area demographics, existing transportation facilities and services (roadways, transit routes), study area land uses and major activity generators, infrastructure constraints (such as major utilities), right-of-way, etc. As appropriate, the Consultant shall utilize data readily available from the NSNTES and related sources and should identify any new and/or updated data required to complete this task that is not readily available from previous studies, HRT, the City of Norfolk, HRTPO, or the Hampton Roads Planning District Commission (HRPDC). Deliverables: • Technical Memorandum of Refined Project Need and Evaluation Criteria – Draft • Technical Memorandum of Refined Project Need and Evaluation Criteria – Final Task 4: Alternatives Considered 4.1 Identification and Refinement of Alignment Alternatives and Technologies The Consultant shall facilitate the development and evaluation of alternatives considered for investment on the east side of the City. The result of this task is a list of alternatives for NEPA scoping meetings. This shall build on corridors identified in the 2015 NSNTES Local Corridor Planning Results. This chapter should clearly define the screening, selection, and refinement process. All reasonable alternatives shall be evaluated, and a discussion on any alternatives that were eliminated from the detailed study shall be included. The consideration of physical connections to The Tide shall also be part of the identification and refinement of route alignment alternatives. The analysis shall also examine the operational impacts of connecting with The Tide as well as changes in ridership levels, fleet requirements, and yard and shop impacts.
Page 28
RFP 19-00012 Scope of Work
Alignment alternatives and technologies to be evaluated through this project shall include the following: • No Build Alternative, which includes maintenance of the existing bus system and The Tide network. • Tide alignment connection from Newtown Road Station with connections to Sentara Leigh Hospital, Military Circle, and JANAF to Newtown Road Station. • Connection from The Tide to the Military Highway Corridor, JANAF Shopping Center, Sentara Leigh Hospital, and access to Ikea/Norfolk Premium Outlets areas. • Connection to the Ward’s Corner area near Little Creek Road. • Connection from The Tide to Norfolk International Airport (Federal Aviation Administration coordination may be required). • Connection from The Tide to NSN at and/or adjacent to new or existing security gate. • Shuttle/bus circulator within the NSN complex from an existing or new security gate to key destinations within the Installation. This shall include the service plan and potential operating costs. • Connectivity to the Peninsula via the Hampton Roads Bridge Tunnel (HRBT). Additional alignment alternatives that address the project's Purpose and Need may be added to the DEIS development and analysis process if identified during the scoping process and determined to be reasonable and feasible. The transit technologies to be evaluated for the DEIS include BRT and Light Rail. 4.2 Evaluation Methodology/Framework An Evaluation Methodology for the project shall be developed to provide a preliminary screening of route alternatives and identify potential fatal flaws in the physical alignment. This task should result in a physical definition of an alignment and technology(s) alternative that will serve as the focus of evaluation in the DEIS for the extension of High Capacity Transit to NSN. Previous studies (including the NSNTES) related to this effort should be reviewed as the initial basis for the alignments. After a preliminary analysis, it may be determined that certain alignments and/or technologies may not require additional analysis, if so, they would not need to be developed any further. A Technical Memorandum shall be prepared for each alternative alignment or mode that is set aside to document the description of the Alternative, the options considered, results of the evaluation and justification/conclusion for setting it aside. The goal of the screening and phasing task shall be to define one (1) alignment and one (1) mode to be carried forward for detailed evaluation in the Final Environmental Impact Statement (FEIS). However,
Page 29
RFP 19-00012 Scope of Work
additional alternatives may be the result of this task. Utilizing the refined Purpose and Need Statement, the Consultant shall develop evaluation measures that can be used to assess how well each option addresses the project’s Purpose and Need. Categories of measures may include, but may not be limited to, the following: • Effectiveness – the extent to which the transit options solve the stated transportation problems in the area and the region; • Impacts and Benefits – the extent to which the alternatives impact or benefit nearby natural resources and neighborhoods, air quality, the adjacent transportation network and facilities, land use, and right-of-way requirements; • Cost effectiveness – the extent to which the costs of the alternatives are commensurate with their benefits; • Equity – the fair distribution of costs, impacts, and benefits across different population groups; • Operating efficiencies; • Consideration of military base security protocols, and, • Safety. Other evaluation measures may be added based on community and stakeholder outreach. This shall ensure that locally-defined measures reflecting the values and vision of affected communities and stakeholders are incorporated into the study evaluation process. The tiered screening shall eliminate non-viable fixed guideway options early in the evaluation process using primarily qualitative and easily established metrics (Tier 1 Screening). The remaining alternatives shall go through a more focused, data-driven screening process (Tier 2 Screening). The Consultant shall identify and document the approach to conducting this tiered evaluation. Deliverables: • Evaluation Technical Memorandum - Draft • Evaluation Technical Memorandum - Final 4.3 Definition of Conceptual Options (Tier 1) The Consultant Team shall develop a range of approximately eight (8) conceptual fixed guideway alignment corridor options based on public and stakeholder input that can feasibly address the refined Purpose and Need established for the study. The alignment corridors shall be developed using existing/available aerial photography and geographic information system (GIS)-based mapping.
Page 30
RFP 19-00012 Scope of Work
The report shall include conceptual-level information regarding the following: • General alignment and termini • Transit connection to planned and existing HRT service(s) • Travel demand • Traffic and transportation operations • Description of corridor-level land use • Connectivity and accessibility to other transportation modes • Mode/vehicle technology • General environmental characteristics The Consultant shall document the conceptual alternatives and the Summary Report as part of the public outreach process. Deliverables: • Conceptual (Tier 1) Definition of Fixed Guideway Options Report – Draft • Conceptual (Tier 1) Definition of Fixed Guideway Options Report – Final 4.4 Tier 1 Screening Utilizing the evaluation framework developed in previous tasks, the Consultant Team shall apply the measures to evaluate and screen the broad set of alignment, mode and technology alternatives identified during the Tier 1 process. The screening shall determine how well each of the options meets the refined Purpose and Need for the study. Additionally, the options shall be screened in a structured but high-level approach according to how well each performs in the following general areas: • Environmental considerations (ex. presence or absence of wetlands, major water crossings, noise sensitive receptors) • Traffic mobility/connectivity as measured by connections to other modes • Access to key destinations • Compatibility with land use and economic development plans • Right-of-way requirements • Safety • Constructability and physical obstructions considerations • Any measures defined as part of the public outreach activities
Page 31
RFP 19-00012 Scope of Work
The Consultant Team shall develop a report in a clear matrix form that is understandable by staff, stakeholders, and the public, arraying the results of the analysis for each alternative against the Tier 1 evaluation criteria. Results shall be presented to stakeholder groups and other decision-making bodies including the City of Norfolk and HRT. Deliverable: • Matrix of Tier 1 Alignment Options Arrayed Against Evaluation Criteria 4.5 Documentation of Results of Tier 1 Screening and Recommendations for Tier 2 Alternatives Based on the work conducted in Subtasks 4.3 and 4.4, a Tier 1 screening report shall be prepared detailing the analysis, results, and recommendations for the short list of alignment options to be advanced to the Tier 2 evaluation. The justification for elimination of alternatives shall be documented in the report. Alignment corridor options that proceed to Tier 2 shall include up to three (3) of the fixed guideway options or combinations. Deliverables: • Tier 1 Screening Report – Draft • Tier 1 Screening Report – Final 4.6 Definition and Screening of Detailed (Tier 2) Alternatives In the Tier 2 Screening, the shortlist of conceptual (Tier 1) alignment corridor options shall be further refined and screened. The goal in the Tier 2 analysis is to screen the number of alternatives from three (3) conceptual options to one (1) defined alignment option and technology (mode) that can be carried forward in DEIS. The evaluation framework laid out in the previous tasks shall be used to guide this screening phase with new/refined data to be collected by the Consultant. This analysis shall include sufficient definition and conceptualization of the options to inform an understanding of each option’s likely impacts and benefits, mobility, as well as conceptual costs. During this subtask, guideway/corridor options shall be re-examined in a conceptual definition of alignments and technologies. The Consultant shall be responsible for preparing conceptual definitions of the alignments recommended for further review. For each alignment, the conceptual definitions shall include the preliminary identification of candidate station locations, mode and all proposed operations and maintenance facility requirements. 4.6.1 Develop Advanced Conceptual Corridor Analysis (Tier 2) The Consultant Team shall further develop the conceptual analysis on the alignment options that emerge from the Tier 1 screening. The advanced conceptual corridor analysis shall provide sufficient definition of infrastructure improvements at spot locations within the corridor, including pedestrian and bicycle facilities and to establish
Page 32
RFP 19-00012 Scope of Work
the physical requirements of each option and associated costs, benefits and impacts. The Consultant shall conduct a preliminary inventory of potential station sites for the various Tier 2 alternatives. The Consultant shall evaluate the potential station sites in terms of service potential, site suitability and any critical issues that might impact the selection of any one of the alternatives. The Consultant shall prepare plan view drawings of the alignments and section drawings of typical and special segments, as needed. The preparation of conceptual plans on the City’s GIS base mapping and any available high resolution ortho- photography shall enable the study team to identify property requirements, major utility relocations, and transportation infrastructure modifications to prepare conceptual cost estimates to aid in decision-making. The Consultant shall analyze the corridor alternatives for constructability, the ability to maintain traffic and identify any unusual actions/costs that would be needed to maintain traffic at the fatal flaw level of analysis. Additionally, the conceptual corridor analysis products shall be produced in formats and scales suitable for public display. Deliverables: • Advanced Conceptual Alternatives Report for the Tier 2 Alignment Options - Draft • Advanced Conceptual Alternatives Report for the Tier 2 Alignment Options - Final • Conceptual corridor analysis drawings (plans/profile, typical sections, and conceptual station site plans) reflecting the refined location of the end-of-line segments and stations Task 5: Preparation and Execution of Environmental Analysis The purpose of this task is to identify the probable effects of the project on social, economic and environmental conditions. Long-term effects associated with project implementation and operations and short-term effects associated with construction activities shall be addressed. Coordination with resource and regulatory agencies having jurisdiction over affected resources is required, and documented in the DEIS prepared by the Consultant. To the greatest extent possible, the Consultant shall use the 2015 NSNTES as the baseline for documentation related to existing and future conditions, with updates as required based on updates, changes and development in the study area; since the 2015 NSNTES was released. 5.1 Land Use and Zoning The Consultant shall document existing land use characteristics and proposed future land use within the study area. This should include community facilities and socioeconomic characteristics of the study corridor. The project shall be evaluated relative to local and regional plans. Potential land use impacts of the project shall be documented, including
Page 33
RFP 19-00012 Scope of Work
any required acquisitions and displacements. Data collected shall be sufficient to prepare existing and future land use maps delineating residential, commercial, industrial, public, agricultural and undeveloped areas adjacent to the proposed alignments. If impacts are predicted, specific mitigation measures shall be identified. Deliverables: • DEIS Chapter on Land Use and Zoning – Draft • DEIS Chapter on Land Use and Zoning – Final 5.2 Neighborhoods and Community Resources The Consultant shall identify, describe and provide an assessment of all neighborhoods, community resources and transit-dependent populations along the alignment alternatives and within the study area. The Consultant shall describe the impacts of the proposed alternatives and technologies on the neighborhoods and community resources (ex. facilities). Potential impacts to neighborhoods and resources shall include a description of the proposed high capacity transit alignment and stations and the positive and negative impacts associated with the stations. Potential direct and indirect impacts (short and long-term) to communities and special populations associated with the alternatives in the DEIS must be identified and documented. Deliverables: • DEIS Chapter on Neighborhoods, Community Resources – Draft • DEIS Chapter on Neighborhoods, Community Resources – Final 5.3 Environmental Justice The Consultant shall complete the identification and analysis of potential impacts to minority and low-income communities, in accordance with FTA Circular 4703.1 on Environmental Justice. This component shall identify and address, as appropriate, disproportionately high and adverse human health or environmental effects of planning activities as it pertains to this project effort and related components. As referenced in the Environmental Justice guiding principles, the Consultant shall perform work that analyzes and/or works to the following: • Avoid, minimize or mitigate disproportionately high and adverse effects. • Ensures the full and fair participation by all potentially affected communities including specific efforts related to outreach and engagement for these populations/communities.
Page 34
RFP 19-00012 Scope of Work
• Prevents the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations. Socioeconomic data, which should also analyze limited English proficient (LEP) and transit dependent populations, shall be gathered for the project area. This data shall be used to assess the demographic characteristics of the study area and project impacts on low income and minority populations. The Consultant shall be responsible for following the guidance in FTA Circular 47301.1 and executing the Environmental Justice (EJ) analysis as guided by the FTA’s analytical framework. This includes, but is not limited to, identifying, describing and providing an assessment of low-income and minority communities/neighborhoods along the alignment alternatives and within the study area including, EJ populations in the public engagement plan and decision-making process, identifying the proposed project’s likely adverse effects, and benefits, and identifying and incorporating mitigation recommendations as needed. Deliverables: • DEIS Chapter on Environmental Justice – Draft • DEIS Chapter on Environmental Justice – Final 5.4 Visual and Aesthetics The Consultant shall briefly characterize the existing visual environment in the study area and identify project components that may contribute to the visual environment. Additionally, the Consultant shall briefly assess, utilizing qualitative means, the potential visual and aesthetic impacts of all proposed alternatives on the area relative to the fixed guideway alignment, stations, maintenance facility and park-and-ride facilities. Deliverables: • DEIS Chapter on Visual and Aesthetics – Draft • DEIS Chapter on Visual and Aesthetics – Final 5.5 Cultural, Historical, and Archeological Resources The Consultant shall comply with Section 106 of the National Historic Preservation Act to document the existence of cultural, historic and archeological resources within a study area determined by the FTA and HRT. The Consultant, in close coordination with HRT and the FTA, shall develop a reasonable area of potential effect to determine the appropriate study area for evaluating potential effects on National Register eligible properties. Resources shall be categorized by their National Register classification of “Potentially Eligible,” “Eligible,” or “Listed.” A determination of effect shall be made
Page 35
RFP 19-00012 Scope of Work
from the construction and operation of the project in coordination with the FTA. The Consultant, in coordination and through the FTA, shall coordinate with the Virginia Department of Historic Resources, appropriate consulting parties, and relevant local authorities to ensure concurrences of the Section 106 review process. No outreach to the Virginia Department of Historic resources shall occur until HRT and the FTA provide concurrence. Deliverables: • DEIS Chapter on Cultural, Historic, and Archaeological Resources – Draft • DEIS Chapter on Cultural, Historic, and Archaeological Resources – Final 5.6 Parklands The Consultant shall identify a brief evaluation of all impacts to all parklands, inclusive of non-section 4(f) proprieties. The description of parks and recreation facilities shall identify ownership, the types of recreation and the park location in relation to the proposed alternatives. This includes the identification of all adjacent parklands within a reasonable study area that is determined by HRT and in consultation with the FTA. Deliverables: • DEIS Chapter on Parklands – Draft • DEIS Chapter on Parklands – Final 5.7 Safety and Security The Consultant shall identify and provide an assessment of the potential impacts to the operations of the proposed project on safety and security. The Consultant shall utilize HRT’s Safety and Security Program Plan (SSPP) documentation prepared for The Tide as the reference document. Deliverables: • DEIS Chapter on Safety and Security – Draft • DEIS Chapter on Safety and Security – Final 5.8 Natural Resources The Consultant shall identify and provide an assessment of the potential impacts of the proposed project on the natural resources within the study area. This includes identification of the affected environment, including aquatic and terrestrial ecosystems, ecology and vegetation, wildlife, forests, and threatened, endangered and protected species. For those resources that are not present, no assessment of impacts shall be required.
Page 36
RFP 19-00012 Scope of Work
Wetlands The Consultant shall use available wetlands documentation and conduct surveys to determine the location of wetlands within the project corridors. Potential impacts to these wetlands shall be documented in the Wetlands Delineation Report. The Consultant shall develop conceptual mitigation alternatives, as required, for unavoidable impacts to wetland areas. Conceptual mitigation may be documented as part of the updated Wetlands Delineation Report or separately. The Consultant may need to consult with the U.S. Army Corps of Engineers (ACOE) on this effort, to include any proposed connection to the Airport. Chesapeake Bay Preservation Areas/Coastal Waterways/Barriers The Consultant shall map Protected Coastal Resources in the project area and identify potential areas of impacts. Additionally, the Consultant shall identify current regulatory requirements and contact appropriate agencies. Soils The Consultant shall identify the soils and geology resources in the study corridor and the potential impacts of the project alternatives on geological resources, soils, and topography. The Consultant shall collect and analyze data to assess soil resources. Ecology and Threated and Endangered Species The Consultant shall collect and analyze data to determine the direct impacts to threatened and endangered species and ecology by all proposed alternatives. Any indirect and/or cumulative impacts will be addressed from the proposed project. Deliverables: • Wetlands Delineation Report • DEIS Chapter on Natural Resources – Draft • DEIS Chapter on Natural Resources – Final 5.9 Water Resources The Consultant shall evaluate potential impacts on groundwater, surface water, streams, wetlands, watersheds (ex. Lake Whitehurst) and floodplains. This includes physical aspects of the resources, their relationship to water systems, best usage standards and water quality. Existing groundwater and surface water sources shall be identified. Any long-term or short- term construction related impacts to water resources shall be documented and mitigation measures shall be identified.
Page 37
RFP 19-00012 Scope of Work
Floodplains and Resiliency The Consultant shall compile a narrative description of the Affected Environment and prepare supporting mapping. The Consultant shall obtain and review Federal Emergency Management Act (FEMA) Flood Insurance Rate Maps, Virginia Department of Emergency Preparedness (VADEP) Flood Hazard Area maps and working with the City of Norfolk’s Office of Resilience, the City of Norfolk flood hazard maps to define floodplains and areas of future flood risk in the project area. Floodplains and the potential for encroachment of the alignment alternatives within floodplains shall be mapped. The Consultant shall evaluate changes to the base flood elevations, risks to human life and damage to property based upon loss of flood storage, potential to support future development, and impacts to beneficial floodplain values. The impact analysis shall include discussions on the placement of structures within the floodplain (where design data for structures is available) and affected acreage at each floodplain crossing. The impact analysis shall also include long range projections of land subsidence, stormwater surges, sea-level rise, and associated predictions of floodplain changes. Navigable Waterways The Consultant shall obtain ACOE Navigable Waterways mapping and identify crossings of navigable waterways for the alternatives under consideration. Navigable waterways shall be plotted on the project mapping. All crossings, structures or fill in the vicinity of navigable waterways shall be mapped and evaluated in terms of changes to existing channels (width, depth, horizontal and vertical obstructions). The Consultant shall coordinate with the ACOE and the U.S. Coast Guard (USCG) to identify and address agency issues/concerns and mitigation in the DEIS. Deliverables: • DEIS Chapter on Water Resources – Draft • DEIS Chapter on Water Resources – Final 5.10 Air Quality The proposed project shall be evaluated to determine its consistency with the Clean Air Act. The task shall include a description of conformity with the LRTP (LRTP 2040, or the 2045 LRTP if it is adopted by the HRTPO at the time the work effort is performed) and Transportation Improvement Program (TIP) for air quality emissions. The HRTPO completed its conformity analysis for the 2040 LRTP and FY 2018 – 2021 TIP and had it approved in August 2018. The official Finding of Conformity from the Federal Highway
Page 38
RFP 19-00012 Scope of Work
Administration (FHWA)/FTA is that the region is in attainment and the HRTPO does not anticipate that status changing. Therefore, this chapter should provide a brief summary and reference that air quality is not a concern for this project. Deliverables: • DEIS Chapter on Air Quality – Draft • DEIS Chapter on Air Quality – Final 5.11 Noise and Vibration The Consultant shall identify and analyze the project’s effects on noise and vibration from the proposed alternatives in accordance with FTA’s 2018 Noise and Vibration guidance. Noise and vibration sensitive receptors shall be identified in accordance with the FTA’s guidance, including screening the study area to identify noise sensitive land uses within proximity of the alignment(s). Using the FTA Transit Noise and Vibration Impact Assessment methodology, a General Noise and Vibration Assessment shall be conducted to determine which sensitive receptors will potentially be impacted and to help determine whether a detailed Noise and Vibration assessment is applicable. If severe noise impacts are identified, the Consultant shall develop options for avoiding these impacts, and where that is not feasible, specific mitigation measures shall be identified. Deliverables: • DEIS Chapter on Noise and Vibration – Draft • DEIS Chapter on Noise and Vibration – Final 5.12 Hazardous Materials The identification of the presence (past and current) of contaminated/hazardous materials and sites along the proposed alternatives shall be conducted through a record search. For fixed guideway alternatives, the Consultant shall: • Identify the presence of any known hazardous waste or contamination within areas to be affected by potential construction; • Assess the presence of environmental problems or contamination due to past or current practices or land use for property to be acquired; • List activities of other industries/commercial areas in the immediate area(s); • Conduct searches for known contaminated sites adjacent to or on route of proposed project facility; • Identify sites requiring further analysis; and,
Page 39
RFP 19-00012 Scope of Work
• Identify the potential impact of the project on these sources of contamination. These properties would include specific portions of properties along the corridor to be acquired comprising the areas impacted by construction, which is assumed to be approximately two hundred (200) feet wide. Deliverables: • DEIS Chapter on Contamination and Hazardous Materials – Draft • DEIS Chapter on Contamination and Hazardous Materials – Final 5.13 Energy The Consultant shall briefly quantify expenditures of energy of the proposed alternatives and operation of the regional transportation system. Deliverables: • DEIS Chapter on Energy – Draft • DEIS Chapter on Energy – Final 5.14 Construction Impacts The Consultant shall assess the potential for construction impacts related to the fixed guideway alternatives and develop a description of a construction scenario for the purposes of assessing these impacts. The Consultant shall evaluate construction impacts based on the expected start year and month and assess the duration of impacts. Construction activities and basic methods for how the project will be constructed are to be described. The Consultant shall identify the temporary and permanent construction related environmental impacts of the proposed project and identify the potential impacts to the socio-economic, physical and natural environments that would be temporary, irreversible, or irretrievable in nature during construction, and the permits and approvals required to initiate construction. Where impacts result, mitigation measures to minimize or eliminate impacts shall be identified. Locations requiring unavoidable major capital expenditures (e.g., Dominion transmission line relocations, water transmission mains, tunnels, bridge structures over 40’ in height, etc.) shall be identified as a project construction cost risk in any alignment alternative. Deliverables: • DEIS Chapter on Construction Impacts – Draft • DEIS Chapter on Construction Impacts – Final 5.15 Cumulative Impacts Assessment The Consultant shall evaluate the cumulative (incremental) and secondary impacts of the
Page 40
RFP 19-00012 Scope of Work
proposed project when added to the past, present and reasonably foreseeable future actions of related projects in the area, and resources of concern, with specific attention to neighborhoods, historic and archaeological resources, wetlands, and traffic. The Consultant shall identify cumulative and secondary impacts that result when the effects of an action are added to, or interact with, other effects and identify resources of concern, current and proposed relevant actions, and potential environmental consequences that would result in serious deterioration of environmental functions and measures to avoid or minimize damage to that environment. Deliverables: • DEIS Chapter on Related Projects and Cumulative Impacts – Draft • DEIS Chapter on Related Projects and Cumulative Impacts – Final 5.16 Section 4(f) The Consultant shall determine the Section 4(f) applicability of properties affected by the project alternatives including historic and archaeological sites, public parks and recreation facilities, and other areas. Deliverables: • DEIS Chapter on Section 4(f) – Draft • DEIS Chapter on Section 4(f) – Final Task 6: Public/Agency Involvement and Engagement 6.1 Public/Agency Involvement Plan The goal of public involvement in this process is to engage members of the community on the project, the project’s progress, and afford them a full opportunity to participate in its development. The Consultant shall be responsible for establishing, and in collaboration with HRT staff, carrying out and documenting an active public/agency involvement and engagement program. The public involvement plan for this study must provide for: • Early and continuous involvement of all stakeholders; • Early and continuous involvement of the public, including EJ communities and LEP populations; • Collaborative input on all reasonable and feasible alternatives; • Engagement of public, stakeholders, and agencies on the development of evaluation criteria and mitigation needs; • Reasonable availability of final technical reports and associated decision-making and
Page 41
RFP 19-00012 Scope of Work
potential impact information to the public; and, • Transparency in the decision-making process. The work in this effort shall result in a consensus on an LPA for this project's high capacity transit connection to The Tide. The plan shall: • Identify constituent groups and interested parties and agencies early on and throughout the study; • Ensure that constituencies affected by activities (stakeholders - including relevant resource agencies) are given the opportunity and knowledge to participate in the study process; • Ensure that all stakeholders at various levels who have the potential to influence the study or any subsequent work, are involved and encouraged to participate in a substantive way; • Ensure that the traditionally underserved populations, including minority, low- income, and LEP populations, have access to the process; • Detail targeted outreach strategies to engage the public and key decisionmakers; • Detail formal interagency scoping session(s) and public hearing(s) and comment and review period requirements; • Address requirements for public notice, public review and public comment; • Specify a schedule of outreach opportunities and ensure involvement opportunities are frequent and substantive; • Recommend mechanisms for soliciting, responding to and documenting public input; • Describe the role of public involvement in the decision-making process; • Detail how public/user awareness of project progress will be generated; • Detail how this program will be coordinated with others affecting the program area and/or constituencies; • Identify procedures for integrating public/user input and accommodating diverse and possibly conflicting priorities; • Establish parameters to identify and prioritize critical issues and concerns; and, • Identify probable methods of information sharing and material distribution. The Consultant shall propose a public involvement process that includes the following: • Clearly define the purpose and objective for initiating a public dialogue on
Page 42
RFP 19-00012 Scope of Work
transportation issues; • Specifically identify affected public and other stakeholder groups with respect to the plans and programs under development; • Propose a committee structure to engage the various stakeholders in the review and decision-making process; • Propose a focused and targeted constituency development strategy in support of the Public Involvement Plan; • Identify notification and outreach procedures to effectively target affected groups; • Identify education and assistance techniques which result in an accurate and full public understanding of transportation issues; • Identify and propose a mixture of techniques that include traditional methods, innovative concepts, and diverse resources and tools for engaging the public and stakeholders in the process and to get meaningful buy-in from a diverse array of stakeholders; • Visual and/or hands on engagement component(s), activities, and events that provide for conceptual understanding of an extension of high capacity transit from The Tide on the east side of Norfolk as it pertains to all alignment options; and, • Be publicized as required by FTA guidance, circular, or policy. The plan shall address, in detail, media involvement, information, and communications. The plan shall also include a discussion of the Scoping Plan and Public Hearing Plan identified in other areas of this Scope of Work (Task 2). Examples of nontraditional engagement techniques include, but are not limited to, the following: • Augmented reality (including app) • Pop-ups • Workshops • Online, interactive mapping tools • Virtual public meetings • Social media engagement • Web-based surveys • Videos
Page 43
RFP 19-00012 Scope of Work
• Audience polling (devices) The Consultant may include provisions for additional and/or details of non-traditional community engagement techniques in the proposal at their discretion. The Plan shall also address media involvement, information and communications. All public participation must be in compliance with FTA guidance, circulars, and policy (ex. 23 U.S.C. § 139). Deliverables: • Support (time/staffing) and materials for identified non-traditional engagement activities • Public/Agency Involvement and Engagement Plan – Draft • Public/Agency Involvement and Engagement Plan – Final 6.2 Project Committees The Consultant shall work with the project committee structure to be composed of a steering committee - Executive Project Management Committee, a Technical Advisory Committee (TAC), a Stakeholder Advisory Committee (SAC), and a Financial Advisory Committee (FAC), in the evaluation of alternatives against set goals and objectives. The Consultant shall support HRT and the City of Norfolk in establishing three (3) project committees as follows: • Executive Project Management Committee – Leadership Group • Technical Advisory Committee – TAC • Stakeholder Advisory Committee – SAC • Financial Advisory Committee – FAC It is assumed that the Leadership Group will meet quarterly for the duration of this project and will include, at a minimum, HRT’s President & CEO, the City of Norfolk’s City Manager, and the Director of DRPT, or their designees. The TAC, SAC, and FAC shall each meet up to four (4) times annually, with a maximum of nine (9) times over the duration of the project. The TAC shall be composed of regulatory agency officials with direct understanding of regional and local protected resources, existing and planned infrastructure within the study area, and existing and planned population and community development growth and strategies. The SAC shall be composed of leaders in the military, airport, business community, civic organizations and community groups that currently exist within the study area or have a significant interest in the development of the study area as applicable to the proposed project.
Page 44
RFP 19-00012 Scope of Work
The FAC shall be composed of financial stakeholders in the project effort and current and potential funding partners, sources, and uses of funds in a twenty (20) to thirty (30) year timeframe. This includes HRT, the City of Norfolk, DPRT, and a representative from the HRTPO. The Consultant shall prepare agendas, presentations, handouts, name/tent cards/badges (as needed), a printed sign-in list and meeting summaries for each meeting. In addition to the meetings listed above, the Consultant’s Project Manager shall be available for small meetings and briefings on an as-needed basis. Presentations and/or briefings with the Norfolk City Manager and the Norfolk City Council shall be required. All materials shall be submitted to HRT’s Project Manager a minimum of three (3) business days prior to all meetings. Deliverables: • Project committee meetings (Leadership Group, TAC, SAC, FAC) – Thirty-six (36) meetings • For each committee/committee meeting the Consultant shall prepare the following: o Membership list with name, address, email, and phone contact information o Agendas (to be provided three business days to the meeting date) o Presentation/handouts o Printed sign-in lists o Meeting summaries o Name/tent cards/badges (for related meetings) 6.3 Maintain Database/Project Mailing List The Consultant shall review the existing HRT database/distribution list(s) at the start of the Project and gather additional names, organizations and businesses specific to the corridor by utilizing available resources. The Consultant shall be responsible for verifying lists are accurate and up-to-date and these lists shall be updated at the beginning of and throughout the study process. It is expected that the mailing list shall include elected officials; transportation, environmental, civic and business organizations; city, state, regional and federal agencies; residents and property owners; transportation providers; the media; and, other interested groups and individuals. The Consultant shall work with HRT to develop and maintain a comprehensive database mailing/distribution list. The Consultant shall assist HRT in sorting the master database for targeted mailings to a variety of groups including the corridor committees, elected and appointed federal, state, and local officials, and the general public. HRT will be the Owner of this database.
Page 45
RFP 19-00012 Scope of Work
6.4 Project Website and Social Media Coordination The Consultant shall be responsible for the establishment and maintenance of a project website. The Consultant shall be responsible for hosting, developing and maintaining the project website. The Consultant shall be required to provide an outline of the site, the design, content, building and publishing the website, and will respond to request for revisions as required by HRT. The website shall be linked to gohrt.com. The Consultant shall work with HRT to provide, and update as needed, project information (content, maps, printed materials, graphics, etc.) throughout the study process. The webpage address shall appear on all project information such as fact sheets, meeting notices, and press releases. At the end of the project, the website and all related items shall be turned over to HRT. At HRT’s direction, the Consultant shall also develop targeted outreach messages specially designed for HRT’s Twitter, Facebook, and other HRT-approved social media platforms. 6.5 Video and Simulations The Consultant shall create videos/simulations of segments of the potential alignments, including the LPA, to demonstrate to stakeholders how the preferred high capacity transit technology will interact with other modes within the right-of-way (ROW), how stations can be accessed by that technology and how the technology will look and operate along the alignment. The Consultant shall support the creation of short videos to provide information to the public regarding specific components of the project effort. This may include videos to be distributed via the Augmented Reality App to engage the public and stakeholders. 6.6 Project Logo, Newsletters, Fact Sheets, Flyers and Presentation Materials The Consultant shall develop a logo for the project effort that will be utilized throughout the lifecycle of the project. The Consultant should account for multiple drafts and requests for revisions of the logo. This logo shall appear on all print material. Additionally, as a part of this effort, the Consultant shall create presentation materials including, but not limited to, a PowerPoint template allowing for branding of the project effort. The Consultant shall be provided HRT’s official Brand Standards. The Consultant shall prepare, design, and develop content for up to eight (8) newsletters on topics to be agreed to by HRT to disseminate project information. The newsletters shall be developed in electronic and printable format. When printed, it shall be on 8.5 X 11 double- sided, color and glossy paper. The Consultant shall be responsible for printing up to four hundred (400) copies of each newsletter. HRT will disseminate the hard copies and the
Page 46
RFP 19-00012 Scope of Work
electronic copies to support key public involvement activities and inform the public of key project milestones. Source material, including electronic files, shall be provided to HRT. A maximum of twelve (12) fact sheets shall be developed on topics, information and content to be agreed to by HRT. The fact sheets shall focus on specific issues of concern important to individual groups, neighborhoods/civic leagues, businesses, wards/localities, etc., or provide a brief status report on the overall project. The format of the fact sheets shall be a maximum dimension of 8.5 X 11 double-sided, glossy when printed. The Consultant shall be responsible for printing up to two hundred (200) copies of each fact sheet. The Consultant shall prepare and develop content for the following: • Up to six (6) “flyers” and/or rack cards to include summary project information, help promote public workshops and meetings, and/or announcing opportunities for engagement. The Consultant shall be responsible for printing up to two hundred (200) copies of each flyer. • Up to six (6) postcards to include summary project information and/or to help promote public workshops and meetings. The Consultant shall be responsible for printing up to two hundred (200) copies of each postcard. • Up to four (4) exhibit quality renderings; which may each include a map, aerial, sidewalk, elevation, and/or street views, station site plans include a typical transit platform, and/or site sections. The Consultant shall include costs to include language translation (Spanish) of the referenced materials. 6.7 Public and Stakeholder Meetings Alternate public meeting formats, such as an open house format, shall provide structured opportunities for informal interaction between the public and the project team at key points in project development. For project Scope of Work purposes, three (3) sets of public events prior to the selection of the LPA and two (2) additional sets of meetings after the selection of the LPA for a total of ten (10) meetings have been assumed. Additionally, up to six (6) station workshops shall be held around the City. These are in addition to formal scoping meetings and formal public hearings (3) described in Task 10 of this Scope of Work. Materials and visuals shall be required to be provided by the Consultant for these workshops/meetings. Workshops shall be located in a minimum of two (2) different locations within the study area. The Consultant shall prepare a report-out of the meeting summary and results for each public and community outreach meeting and submit the summary for approval and distribution by
Page 47
RFP 19-00012 Scope of Work
HRT. The report shall include a summary of all public comments. The Consultant shall include provisions for non-traditional community engagement techniques in the proposal. 6.8 Report on Public/Agency Involvement for Draft Environmental Impact Statement At the completion of the DEIS, the Consultant shall submit a detailed report documenting all public involvement and outreach activities, public input, public hearings, and all supporting materials from all meetings and hearings. The report shall include a copy of all public outreach materials (i.e., fact sheets, notices, and public comments, correspondence, meeting minutes, news articles, etc.) and supporting materials from all meetings and hearings. The report shall include an executive summary, overview of project and outreach process and provide recommendations from the public and agencies and conclusions drawn. Deliverables: • Report on Public Involvement Report – Draft • Report on Public Involvement Report – Final • Project Newsletters (up to 8), Fact Sheets (12), Flyers/Rack Cards (6), Postcards (6) including all source material. Material must be in PDF and a print ready format. • E-copies of all Newsletters and Fact Sheets in their Native Format and PDF. • Public outreach materials. • Graphic materials and presentations to support public meetings. • Public meeting, open house, etc., meeting summaries for all public events, documented in a Summary of Public Involvement Activities as part of Project Monthly Status Report. Task 7: Conceptual Alternatives Design Evaluation This task includes a level of design adequate to support the evaluation of alternatives, the preparation of the DEIS, determination of potential fatal flaws, and the determination of preliminary capital and operating costs used to determine project feasibility. The design shall also permit a comparison of transit modes, and includes development of conceptual alignments, preliminary station locations, maintenance facilities, and consideration of general operations. In general, the overall design effort is what would typically be associated with an approximate ten percent (10%) level of engineering. 7.1 Alternative(s) Definition and Evaluation This task shall result in a detailed physical definition of alignment alternatives that will serve as the focus of evaluation in the DEIS to support the selection of an LPA. This is to include the definition of a “no-action” (“no-build”) alternative. All reasonable alternatives shall be evaluated and a discussion on any alternatives that were eliminated from the detailed study
Page 48
RFP 19-00012 Scope of Work
shall be included. All design elements noted during early conceptual design exercises shall conform to HRT’s Design Criteria. If any early conceptual design yields design elements not currently covered by the HRT Design Criteria, the Consultant shall assist HRT staff with updating the Design Criteria to include those elements. 7.2 Route/Alignment Development This task shall develop the evaluation of the conceptual route alternatives from Section 4.1. The purpose of this task is to identify factors to narrow the number of alternative alignments and modes to be evaluated in detail in the DEIS and to identify segments for potential project phasing. If any of the alternative alignments are shortened for phasing purposes, the screening shall include an evaluation to ensure that the shorter alignment has independent utility and logical termini. Engineering and technical support necessary to perform the screening of Conceptual Alternatives listed in Section 4.1 shall be provided to evaluate all alternative alignments. A complete set of conceptual design drawings to document the pertinent features of the conceptual alternative alignments shall be developed to a conceptual level of detail. Scales shall vary by sheet type and coverage. Supplemental information (existing utilities, structures, dams, water treatment facilities, water towers, etc.) shall be depicted on either satellite mapping or GIS information from the City of Norfolk. The elevation of the 100-year floodplain will be shown on all drawings, as appropriate. Supplemental field surveys and investigation shall be performed, as required, developing additional data for input in the design resolution process. Deliverables: • Technical Memoranda for Alternatives set aside • Supplemental field surveys and investigations • Conceptual Route Alternative(s) Report – Draft • Conceptual Route Alternative(s) Report – Final • Final conceptual design drawings (plans/profile, typical sections, and conceptual station site plans), including a refined location of the end-of-line segments and stations • Graphic sketches, renderings, photographs, display boards, and other graphics 7.3 Station Identification and Planning The Consultant shall conduct a preliminary inventory of potential station sites for the various
Page 49
RFP 19-00012 Scope of Work
alternatives. This shall include the development of criteria for locating and siting stations in the various environments of the potential alternatives. Station locations shall be assumed, and the alignment shall be screened for its consistency with local plans, ridership, environmental impacts and cost effectiveness. Station sites shall also be evaluated in terms of service potential, site suitability and any critical issues that might impact the selection of any one of the Alternatives. Station planning shall include feasible locations of park-and-ride facilities. Detailed layouts of park-and-ride lots are not required; however, a footprint of potential areas shall be developed to a sufficient level to provide a rough estimate of right-of-way requirements, vehicle capacity and identify access to/from existing roadway infrastructure. These locations shall be coordination with the work in Sections 7.5 and 7.6. Deliverables: • Technical Memorandum of Station Requirements – Draft • Technical Memorandum of Station Requirements – Draft • Conceptual Station Alternative(s) Report – Draft • Conceptual Station Alternative(s) Report – Final • Conceptual station and park-and-ride locations 7.4 Vehicle Storage/Maintenance Facility Requirements The current Vehicle Storage and Maintenance Facility (VSMF) constructed in 2009 on Brambleton Avenue in Norfolk, Virginia was built as a temporary facility to support storage of the vehicles and light maintenance activities. The Operations and Control Center (OCC) was added during the construction of the facility to temporary house this activity. Any expansion of the use and activities shall require the relocation of this facility to a more suitable site. Based on information that will be provided by HRT, on its existing facilities’ capacities and information gathered on the storage and maintenance needs of the technologies being studied, the Consultant shall locate and evaluate sites for a potential VSMF to include adequate space for additional administration support functions. A final site recommendation for the VSMF location shall be included with the LPA. The Consultant shall define the functional facility requirements and determine the approximate size and footprint of the facility along with the potential bus maintenance facility in the same area. The results of this subtask shall serve as input to the determination of potential ROW needs. The effects of constructing a new VSMF shall be included in the DEIS document. The selection of new technologies or modes at HRT (e.g., BRT, alternative motive power)
Page 50
RFP 19-00012 Scope of Work
shall require a new VSMF. For the evaluation of light rail modes that are compatible with the existing Tide light rail system, a proposed operation that will require more than seven (7) additional vehicles will necessitate a new VSMF capable of handling the entire existing and new vehicle fleet. The current Tide VSMF will then be utilized for systems and wayside maintenance purposes, vehicle inspection and running repairs (not storage), and vehicle wheel truing with HRT’s existing wheel truing machine. Regardless of mode, a new OCC shall be required. The OCC is typically located at the VSMF to avoid unnecessary separation of vehicle storage, operations control and dispatching functions. A proposed new light rail extension to the Tide will require both a new OCC and train control upgrades of both the existing and new rail systems. The existing train control system and OCC for the Tide is of sufficient age and configuration that modular expansions of the existing operating systems are not possible. This work shall be coordinated with the analyses performed in Sections 8.3 to 8.5. Deliverables: • Technical Memorandum: VSMF Siting Study – Draft • Technical Memorandum: VSMF Siting Study – Final 7.5 Right-of-Way Requirements and Windshield Appraisals The Consultant shall identify the required ROW needed for the project. Additionally, the Consultant shall provide windshield-level estimates for up to fifteen (15) areas of needed property acquisition for transit purposes to be identified. Such areas could include, but not be limited to, proposed locations for park-and-ride facilities, traction power substations (TPSS), new VSMF, OCC, and administrative space, and property or easements required for access to proposed transit facilities. In the current Tide system, TPSS are 1.0-megawatt capacity and located at approximately one-mile intervals. This criterion shall be used to determine ROW candidate locations for any new facilities. Deliverables: • Memorandum summarizing ROW issues as related to the definition and evaluation of alternatives and the LPA • Conceptual real estate opinions of probable cost (windshield appraisals) – up to fifteen (15) properties (including VSMF site)
Page 51
RFP 19-00012 Scope of Work
7.6 Station Area Planning and Preliminary Station Architecture The Consultant shall evaluate potential station locations from Section 7.3 and develop conceptual station area site plans including platform areas, parking and pedestrian circulation. Conceptual station area plans shall be developed for each of the final selected stations. This information shall be utilized in the DEIS Chapter - Alternatives Considered. The Consultant shall utilize current design standards for station platforms and associated bus stop locations. Three (3) conceptual station designs shall be developed based on station function and context (i.e. standard station park and ride/walk-on station, large multi-modal transfer center, transfer gate/facility appropriate for federal/military security needs). Plans shall be developed to a sufficient level to provide input in to the capital cost estimate for the LPA. Deliverables: • Prototypical station rendering that includes to six (6) isometric (bird’s eye) renderings for the LPA report • Three (3) conceptual station designs 7.7 Assess Station Area Economic Development Potential Utilizing the criteria identified by the Commonwealth of Virginia’s Office of Intermodal Planning and Investment for its Smart Scale program, the Consultant shall provide a brief economic development analysis within the study area. Identification of economic assets within one (1) mile shall be identified. A conceptual site plan(s) may be required within approximately ¼ - 1 mile of proposed station sites as defined within the Smart Scale evaluation criteria. Pending and future development and redevelopment shall be assessed and should include a review and compatibility with current and pending land use plans and policies. The existence of supportive zoning and land use policies shall be identified and related to the availability of perceived developable land. The potential need to amend or revise current plans and policies shall be identified. Deliverables: • Typical Station Area Development Plans – Draft • Typical Station Area Development Plans – Final • Economic Development Technical Memorandum – Draft • Economic Development Technical Memorandum – Final 7.8 Traffic Data Analysis The Consultant, with the assistance of the City of Norfolk, shall assemble the latest data,
Page 52
RFP 19-00012 Scope of Work
profiles and information in the study area for all traffic and transportation efforts and tasks. The updates and refinements shall take place as needed based upon changes in the design of alternatives and as the alternatives are refined and developed in order to prepare the chapter assessment of transportation/traffic impacts. This work effort includes the following: • Estimate horizon year average daily traffic for major roadway segment levels and roadway segments on either side of the proposed station access, all signalized intersections (existing and proposed) Volume/Capacity ratio for the PM peak hours for the Baseline and Build alternatives. The traffic volumes shall be estimated from existing year data and output of the horizon year HRPDC travel demand model for the Build alternative. • Display the location and frequency of service deliveries on roadways that will be significantly impacted by the fixed-guideway system. • Utilizing Synchro 10 software, in the Tier 1 and Tier 2 evaluation process, use a methodology that analyzes arterial intersections, and conceptual design alternatives. • In the Tier 2 evaluation process, perform a full analysis at at-grade intersections and all signalized intersections, existing and proposed. Allow for microsimulation as applicable. • Display the areas of parking lots and define the number of spaces in each parking lot that will be impacted by the fixed-guideway system. • Analysis of access points and curb cuts along the Military Highway Corridor, JANAF Shopping Center, residential areas along Little Creek Road, etc. Identify consolidation and elimination potentials along the corridor. • Station area traffic analysis shall be completed. Internal circulation analysis within the station site including external circulation analysis to and from the station site. • Describe current and future transit use in the corridor using the results of the ridership forecasting task and the transit service planning task. • Prepare a traffic operation report that shall document all work completed for this task. The report shall include a review of existing conditions, data collected, traffic analysis in the existing and future years for the alternatives, the grade separation analysis, recommended traffic control devices for each crossing, recommended traffic plan for each station area and conclusions and general recommendations. This analysis shall include a review of street closures and other traffic safety considerations. It is assumed that turning movement data shall need to be collected, if existing year turn movement data is not available. For the purposes of this effort, a maximum of
Page 53
RFP 19-00012 Scope of Work
thirty (30) turning movement counts is assumed. Deliverables: • DEIS Chapter on Transportation, Traffic, and Parking – Draft • DEIS Chapter on Transportation, Traffic, and Parking – Final • Traffic Operations Results Report, including: o Plots/Maps/Tables that illustrate the analysis results: ▪ Design hour traffic for the Baseline and Build Alternative ▪ Location and frequency of service deliveries on all roadways that will be impacted by the fixed guideway system o The results of the station area traffic analysis for each proposed station, including internal (within station) and external (to and from station) circulation 7.9 Grade Separation Analysis The Consultant shall complete a grade separation analysis, for the horizon year, proposed fixed guideway transit crossings for each of the major arterials, if applicable. The analysis should include an assessment of preliminary mitigation measures (flashers/gates, traffic signals, and signage) for those intersections that will remain at-grade. The primary purposes of the task are for definition and cost estimates of the selected LPA. Deliverables: • Detailed Grade Separation Analysis Results – Draft • Detailed Grade Separation Analysis Results – Final 7.10 Traffic Simulations The Consultant shall complete a traffic operations simulation analysis (as needed based upon corridor conditions) using an operations software package compatible with the City of Norfolk, including capabilities for scenarios presented by the Consultant and agreed to by HRT and the City. The analysis shall include collecting and/or estimating necessary data such as turning movements, intersection lane configurations, turn lane lengths, distances between intersections, parking locations, speed limits, signal timings/phasings (including any preemption/priority operations), detector locations, and transit operations data from HRT that are representative of the existing and future year street system. The Consultant shall complete a simulation/visualization of a representative traffic signal timing and operational scenarios along the alignment utilizing PTV Vissim or related
Page 54
RFP 19-00012 Scope of Work
software. Deliverables: • Technical Memorandum: Microsimulation Analysis Results • Simulation/Visualization of traffic and signal operations along representative alignment 7.11 Technical Rating of Alternative Designs, Operations and Costs This task presents the results of the evaluation of impacts of the initial alternatives developed for the NSN Transit Extension DEIS and all additional alternatives developed during this work effort. Deliverables: • Final Alternatives Definition Report – Draft • Final Alternatives Definition Report – Final • DEIS Chapter on Evaluation of Alternatives to include a section of “Alternatives Considered” – Draft • DEIS Chapter on Evaluation of Alternatives to include a section of “Alternatives Considered” – Final 7.12 Selection of the Locally Preferred Alternative Selection of Preferred Alignment The evaluation of alternatives shall utilize the information developed during related tasks and the identified evaluation criteria, to weigh each of the alternatives against the project’s goals and objectives. The product of this evaluation shall be identification and consensus on the LPA. The Consultant shall prepare an analysis comparing the transportation, social, economic and environmental impacts for all alternatives to assist HRT and community stakeholders in determining the alternative(s) that best addresses the goals and objectives developed previously. Evaluation measures shall include criteria utilized by the FTA for Financial and Project Justification ratings. Review Locally Preferred Alternative with Policy Boards & Advisory Committees The purpose of this subtask is to provide an opportunity for refining the LPA by policy- making boards prior to writing and publishing the LPA report. Up to 12 (twelve) meetings total shall be held for policy boards including: Planning & New Starts, the Transportation District Commission of Hampton Roads (TDCHR), Norfolk Planning Commission, City of Norfolk Leadership and City Council, the HRTPO, etc.
Page 55
RFP 19-00012 Scope of Work
Deliverables: • Meetings with policy boards (up to 12 meetings) • Presentation Materials and Handouts • Technical Memorandum on Meeting Summaries 7.13 Public Meetings on Selection of Locally Preferred Alternative A series of public meetings shall be conducted to aid in the selection of an LPA, to offer opportunities to present project findings, discuss all alternatives considered during the process and receive further public comment to be included as part of the DEIS. The Consultant shall assist HRT with appropriate meeting and presentation materials prior to the meetings and shall summarize all comments and meeting activities in a report after the meetings. All activities in this section will reference Task 6 – Public/Agency Involvement and Engagement. Deliverables: • Public Meetings (up to 3 meetings) • Presentation Materials and Handouts • Technical Memorandum on Meeting Summaries 7.14 Preparation of Final Report The Consultant shall produce a final report that documents the process leading to the DEIS, which shall include an Executive Summary and Conclusion. The Report shall include a clear summary of the Purpose and Need; identification of the transportation problems in the corridor; a summary of the alternatives considered; the screening methodology and evaluation of alternatives; the rationale for choosing the LPA; a detailed description of the physical and operating characteristics associated with the preferred alternative; the ridership potential; traffic impacts; as well as, a discussion of the opinion of probable costs for the alternative. Deliverables: • Final Report – Conceptual Alternative Evaluation – Draft • Final Report – Conceptual Alternative Evaluation – Final Task 8: Operations and Ridership 8.1 Patronage Forecasting The Consultant shall develop and document the travel forecasts utilizing the FTA’s STOPS modeling methodology as a way to ensure accuracy and to aid in the review and evaluation
Page 56
RFP 19-00012 Scope of Work
of the alternatives. In keeping with evolving FTA guidelines for ensuring better forecasts, the results report shall include a discussion of peer systems and a discussion of uncertainties and risks associated with inputs. Travel simulation results should help to identify drivers of change between current and future forecasts; compare future forecasts with experience in peer settings; construct scenarios that moderated large uncertainties; and, present a range of outcomes, causes, likelihoods, and risks. Additionally, an opening year forecast shall be developed. • The Consultant shall use the FTA’s STOPS model to forecast ridership for each build alternative (as compared to baseline, or in the case of the baseline, compared to future no-build). • HRT’s most recent origin-destination passenger intercept survey data (2016) will be made available to the Consultant for ridership modeling. • Ridership forecast will be developed for scenarios as follows: o Horizon Year No Build o Horizon Year Fixed Guideway Alternatives (BRT/LRT) In coordination with the Norfolk International Airport, the Consultant shall conduct an Intercept Survey of airport passengers/workers to support STOPS modeling and/or demand to the destination via high capacity transit as there is no airport transit service available to the public today. The Consultant shall coordinate with staff in the development of the content of the survey, and it must be approved by HRT prior to distribution. Deliverables: • Intercept Survey of airport passengers/workers • Travel Forecast Report – up to twelve (12) scenarios – Draft • Travel Forecast Report – up to twelve (12) scenarios – Final 8.2 Conduct Sensitivity Testing of Travel Projections The Consultant shall conduct up to five (5) additional runs for “sensitivity” testing or analysis of uncertainties for key input variables including, but not limited to, transit fares, auto operating costs (including parking charges), and transit level of service (headway and travel time) assumptions. Deliverable: • A series of comparative tables showing key model results for up to five (5) additional sensitivity model runs to investigate uncertainties and additional information outside of New Starts process.
Page 57
RFP 19-00012 Scope of Work
8.3 Bus and Rail Operations Planning The Consultant shall develop bus, BRT and LRT operations plans for the alternatives being studied. Refined operations plans shall be prepared for each alternative that requires a travel demand forecast. This should include an assessment of operations, ridership potential and station/stops on the Navy base for a bus circulator/shuttle. An Operations Plan Report outlining opening day bus and rail operations for the LPA shall be developed for input into the DEIS. This Report shall be utilized in developing the Transportation Chapter of the DEIS as well as provide a basis for discussing the Transportation Systems Management (TSM) and Preferred Alternatives and developing Operations and Maintenance (O&M) costs. HRT will supply the most recent bus network plans as outlined in the HRT FY2018-FY2027 Transit Development Plan (TDP). Deliverables: • Bus and Rail Fleet Operations Plans – Draft • Bus and Rail Fleet Operations Plans – Final 8.4 Bus Fleet Management Plan The FTA requires that a bus fleet management plan (BFMP) be prepared in support of each New Start project. The objective of the BFMP is for the New Starts sponsor to ensure that bus service is not degraded during the design and construction of the sponsor’s project. The BFMP should address how HRT will: • Maintain a bus fleet and facilities for the level of service in the area currently served. • Establish quality of service measures and adequate monitoring of the bus fleet. • Provide capital and operating funds that will be required for the bus service in the area. The BFMP shall describe the current fleet composition, maintenance facilities and operating conditions. Tables of time series data for the bus fleet (e.g., maximum buses in service, spare buses, and replacement schedule) should be provided for the period three (3) to five (5) years prior to rail construction, duration of rail construction, and at least one (1) to three (3) years after rail service begins. The BFMP shall include the following basic information: • Description of Existing Transit Service – This includes a system description as well as the existing bus services in the Project Corridor. • Proposed Bus Service Prior to Build Project Implementation – This includes all major transit improvements, and all proposed changes to the system including TDPs,
Page 58
RFP 19-00012 Scope of Work
Comprehensive Operations Analysis, express service, circulators or route expansions/deletions. Additionally, statistical projections shall be made for the pre- Build Project operating system. • Build Project Preliminary Feeder Plan – This includes a description of the Build Project, how the Build Project will be integrated in the HRT system, schedule and phasing of the Build Project, the bus service plan for the Build Project (i.e., feeder plans, reroutings, route deletions, circulator, and statistical projections for the Build Project operating system). • Operating and Financial Impacts – This reports and analyzes the operating statistics, as well as presents the cash flow analysis and financial capacity analysis. • Bus Maintenance Impacts – This reports the bus fleet roster impacts, bus maintenance facility impacts and the bus maintenance procedure impacts for pre-build, build and post-build conditions. The above shall be provided consistent with FTA, DRPT and HRT guidelines, rules, procedures and review. 8.5 Rail Fleet Management Plan A rail fleet management plan shall be developed to determine the total number of rail vehicles required for peak service for the Project Corridor. The latest Rail Fleet Management Plan for the Tide will be provided. The rail fleet management plan as part of this effort shall follow the seven (7) FTA steps as noted below, or the latest guidance provided by the FTA: • Step One: Define and adopt Service Standards for Vehicle Loading and Service Frequency. • Step Two: Estimate Vehicle Run Times. • Step Three: Estimate Peak Hour/Peak Direction Boardings. • Step Four: Determine the vehicles in Peak Service through the application of the Adopted Service Standards for Vehicle Loading and Service Frequency to the Peak Hour/Peak Direction Boardings. • Step Five: Determine the Operations Fleet Demand by defining the requirements for reserve trains and adding them to the Vehicles in Peak Service. • Step Six: Determine the Maintenance Fleet Demand based upon the hours of time required for preventative maintenance and the anticipated percentage of vehicles out of service due to corrective maintenance.
Page 59
RFP 19-00012 Scope of Work
• Step Seven: Determine the Total Fleet Demand and the current Operating Spare Percentage based upon the formula: (푇표푡푎푙 퐹푙푒푒푡 − 푂푝푒푟푎푡푖표푛푠 퐹푙푒푒푡 퐷푒푚푎푛푑) = 푂푝푒푟푎푡푖푛푔 푆푝푎푟푒 푃푒푟푐푒푛푡푎푔푒 푂푝푒푟푎푡푖표푛푠 퐹푙푒푒푡 퐷푒푚푎푛푑 Deliverables: • Operations Plans Report for input to the DEIS - Draft and Final • Bus Fleet Management Plan - Draft and Final • Rail Fleet Management Plan - Draft and Final Task 9: Cost Estimating and Financial Plan 9.1 Capital Cost Estimating The Consultant shall create a preliminary detailed opinion of probable capital costs. The Consultant shall use, as a basis, the capital cost methodology previously developed and updated for the NSNTES capital cost methodology effort modified to conform to Standard Cost Category (SCC) code format and organization. Deliverable: • Opinion of Probable Capital Cost report including cost estimating detailed backup (for all alternatives) 9.2 Operations and Maintenance Cost Estimating The Consultant shall refine, and update work previously completed using operating statistics developed from the operations plans and ridership forecasts obtained from the travel demand model. The Consultant shall prepare bus and fixed guideway O&M cost estimates. Ridership results shall be reviewed to determine if bus and/or fixed guideway service levels assumptions need to be modified. Costs shall be based on the level of service provided (e.g., peak buses, bus-hours and bus-miles of service). Bus and rail operations costs shall be prepared based on unit costs provided by HRT’s budget staff. The Consultant shall develop the preliminary, detailed estimates of opinion of probable operational costs. The Consultant shall use, as a basis, the operational cost methodology previously developed and adapted by HRT for the NSNTES as well as the reports prepared under the previous work efforts. The Consultant shall provide operations and maintenance costs for current year and horizon year. Deliverables: • Opinion of Probable Operational Cost Report, including cost estimate detailed backup (for all alternatives listed in scope introduction)
Page 60
RFP 19-00012 Scope of Work
• O&M Cost Report detailing methodology and O&M cost results 9.3 Financial Planning The Consultant shall conduct a financial analysis to a sufficient level of detail to determine major differences in the alternatives under consideration and to help in the decision on the selection of the preferred alternative. It shall focus on the comprehensive identification and evaluation of existing Federal, State, and local sources of funding for each alternative, presentation of revenues from each possible source, identification of potential funding shortfalls, other alternative local funds and the development of a Financial Plan for the preferred alternative. This information shall be updated as needed to support the analysis of alternatives for the DEIS. The Consultant shall also conduct a comprehensive financial assessment based upon the data collected and analysis done for alternatives definition, refinement and evaluation. The purpose of this analysis is to present funding and financing strategies that will facilitate a cost effective and efficient project implementation, advance the funding strategy for the project, demonstrate HRT’s financial capacity to undertake the LPA, satisfy the FTA guidance on New Starts Financial evaluation, and provide input to the LPA selection. The cash flow analysis shall identify years in which existing financial resources are insufficient. Alternative financing approaches can then be examined. The financial analysis shall be structured to provide for the following applications of the results: determination of financing requirements, examination of risk, cost risks, grant funding risks, revenue risks, and operating productivity risks. The financial analysis shall focus on developing revenue yield estimates for each funding alternative. These estimates shall be arrayed in dollar magnitude and timing of receipt of funds. The funding alternatives are then ranked on the financial issues with respect to the adequacy of the funding sources in filling shortfalls in operations and capital programs. The financial plan shall be based on the funding mechanisms selected in consultation with HRT, the State, and the City, and upon the assumptions set out in the plan document. 9.4 Financial Planning Methodology Report The Consultant shall create the financial analysis methodology, with input from staff of HRT, the City, DRPT, and the State. The financial analysis methodology shall be based on a funding source evaluation and sources and uses of funds modeling approach that has been employed in financial analyses for major capital investments in other metropolitan areas and per FTA’s most recent guidance. Deliverables: • Financial Planning Methodology Report – Draft
Page 61
RFP 19-00012 Scope of Work
• Financial Planning Methodology Report – Final 9.5 Develop Project Financial Plan The development of the funding strategies and comparison of financial plans for the alternatives shall be prepared to compare the financial performance of the alternatives and to perform preliminary assessment of HRT’s financial capacity to complete the LPA. While initial assumptions and conclusions regarding the funding sources shall be reached to enable comparison of the alternatives, detailed analysis of the funding strategy shall be performed in the DEIS phase. The financial analysis will specifically address the following: • Identification of existing and proposed revenue sources and development of projections of available funding • Operating deficit analysis • Evaluation and estimation of non-farebox revenues for operating deficits • Capital investment analyses • Identification and assessment of sources of capital funding, including potential for private sector participation and alternative project delivery methods • Financial capability analysis • Inflation adjustments to capital and operating and maintenance cost estimates • Analysis of the risk and uncertainty associated with the estimates FTA’s current evaluation and rating framework shall be used, and a cost effectiveness index shall be computed for each alternative and included in a summary. Assumptions used in the financial analysis, particularly regarding funding, shall be documented. The financial performance of the LPA shall be briefly compared. The Financial Analysis Summary shall be presented in a format that satisfies FTA’s guidance on New Starts financial evaluation. The Consultant shall develop an annual cash flow for both capital and operating costs. The cash flow analysis shall identify years in which existing financial resources are insufficient. An annualized cash flow is necessary for the Financial Plan to be submitted to the FTA to move forward into the next stage of project development and for sound financial planning for HRT. Deliverables: • Project Financial Plan - for the alternatives in the DEIS to include all assumptions, supporting documentation and sensitivity analysis – Draft and Final • Development of presentation materials and conduct a presentation/working session
Page 62
RFP 19-00012 Scope of Work
• Annual Cash Flow Report Task 10: Draft Environmental Impact Statement 10.1 Prepare Preliminary Draft Environmental Impact Statement The Consultant shall refine the various chapters of the DEIS. These materials shall be edited and refined to read as a complete document. Chapters and sections shall be clearly identified to ensure compliance with all FTA requirements. Any missing sections, data, or analysis shall be completed here for inclusion in the revised draft document. A coherent graphic format shall be developed, and any necessary graphics shall also be prepared. The Consultant shall prepare a Preliminary DEIS for HRT’s review. The preliminary DEIS shall be revised as needed to reflect HRT’s review and distributed to the FTA for their review and comment. Deliverables: • Up to seven (7) copies of the Preliminary DEIS for HRT Review • Up to five (5) copies of the revised Preliminary DEIS for FTA review and comment 10.2 Public Hearing(s)/Notice of Availability Prepare Notice of Availability The Public Notice of Availability (NOA) provides notification that a Draft EIS is available for public review. The Consultant shall prepare the draft NOA and assist HRT with coordinating the placement of that Notice in the Federal Register with the FTA. For purposes of this task, it is assumed that HRT will place appropriate advertisements announcing the public hearing(s) in local area newspapers. Public Hearing(s) The Consultant shall assist HRT in preparing for all public hearing(s) for the DEIS. HRT will provide the court stenographer (when required), secure the meeting room and place all public hearing advertisements. The Consultant’s activities shall include the following: • Assistance in the identification of meeting locations, meeting times, and other required logistics; • Preparation of agenda/content, handouts and presentation materials for the public hearing(s); • Preparation of presentation to be made by HRT’s Project Manager; and, • Draft language/material for advertising hearing(s). It is estimated that up to three (3) public hearings shall be held in the study corridor.
Page 63
RFP 19-00012 Scope of Work
10.3 Prepare Summary of Public Hearings and Response to Public Comments on the Draft Environmental Impact Statement The Consultant shall prepare a report summarizing all Public Hearing activities, including those during the formal public comment period. The Consultant shall organize the comments received into a matrix listing the response categories by topic, required type of response and responsible party. The Consultant shall prepare draft responses to all comments for review by HRT. The Consultant shall prepare a revised response to comments after review by FTA and staff. Within thirty (30) days after the close of the formal public comment period, the Consultant shall submit a report documenting all public outreach activities and input associated with the formal public review period and hearings for the DEIS. The report shall include an electronic and hard copy of all public outreach materials (i.e., fact sheets, notices, and public comments, correspondence) and supporting materials from all meetings and hearings. The report shall include an executive summary, overview of project and outreach process, and recommended responses to comments in comment response matrix. Public Involvement The Public Involvement/Engagement effort shall be conducted in accordance with the NEPA review process and Section 4(f) requirements 23 CFR parts 771 and 774 and must meet all FTA requirements. Deliverables: • Report on Public Hearing process – Draft and Final • Notice of Availability for the Federal Register and publication in newspapers – Draft and Final • Public Hearing presentation materials and assistance in Public Hearing logistics plan (up to 3 public hearings) • Preparation of responses to comments recorded at public hearing(s) in a matrix format - Draft • Final Report to include final responses to comments recorded at public hearing(s) in a matrix format 10.4 Prepare Final Draft Environmental Impact Statement Upon receipt of the FTA comments on the Preliminary DEIS, the document shall be modified to incorporate appropriate requested changes. A letter to the FTA shall be drafted that lists all their comments and the Consultant’s responses to those comments. After the FTA’s comments have been incorporated and the preliminary DEIS has been revised to
Page 64
RFP 19-00012 Scope of Work
become the final DEIS, it shall be distributed and made available for public review and comment for no more than sixty (60) days for the required circulation period and published in the Federal Register via a NOA. The Consultant shall draft the NOA language for publication in the Federal Register. The Consultant shall assist HRT in identifying the locations where the document will be available for public review. The Consultant shall also assist HRT in identifying the need to distribute the document to review agencies and others. The Consultant shall assist HRT with the logistics of document distribution. Deliverable: • Thirty-five (35) copies of the final DEIS (10 printed, 25 Flash Drives)
END OF SECTION
Page 65
RFP 19-00012 Special Provisions
SPECIAL PROVISIONS 1. TYPE OF CONTRACT This is a service contract. Compensation to the Consultant shall be based on the proposed pricing established in the Price Schedule; and, services in accordance with the Scope of Work. 2. PERIOD OF PERFORMANCE The term of the Contract shall be for a period not-to-exceed thirty (30) months from Notice-to- Proceed. 3. PAYMENT SCHEDULE A. Payment will only be made after receipt of a proper invoice. A proper invoice includes the purchase order/Contract number, date of invoice and a description of service delivered. B. Mail original and one copy of all invoices to Accounts Payable, 3400 Victoria Blvd., Hampton, VA 23661 or [email protected]. Contract Number/Purchase Order Number must be present on the invoice 4. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENT An 8% DBE goal has been established for this solicitation. Please see Appendix A for information and guidance. 5. DOCUMENTATION Documentation produced by the Contractor/Consultant as a deliverable under this Contract, including but not limited to databases, reports, drawings, etc., shall be produced and submitted to the Commission in an editable electronic format, as well as, in print form upon consultation with the Commission’s Project Manager. 6. SAFETY SENSITIVE INFORMATION (SSI) DOCUMENTATION Specific documents identified as SSI are any information or record whose disclosure may compromise the security of the traveling public, transit employees, or transit infrastructure. SSI may include data, documents, engineering drawings and specifications, and other records whose disclosure could increase the agency’s risk of harm. Any of these documents produced for the agency by a Contractor/Consultant must adhere to the following distribution limitation statement specified in the FTA regulation to their document before submission, “Warning: This record contains Sensitive Security Information that is controlled under 49 CFR Parts 15 and 1520. No part of this record may be disclosed to persons without a “need to know”, as defined in 49 CFR Parts 15 and 1520, except with the written permission of the Administrator of the Transportation Security Administration or the Secretary of Transportation. Unauthorized release may result in civil penalty or other Action.”
Page 66
RFP 19-00012 Special Provisions
7. VARIATION IN ESTIMATED QUANTITY If the quantity of a unit-priced item in this Contract is an estimated quantity and the actual quantity of the unit priced item varies by more than twenty-five percent (25%) above or below the estimated quantity, an equitable adjustment in the Contract price shall be made upon request of either party in accordance with General Condition 2, Changes. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above one hundred twenty-five percent (125%) or below seventy-five percent (75%) of the estimated quantity. For an actual quantity exceeding 125% of the estimated quantity, the unit price shall be adjusted only for the quantity in excess of 125% of the estimated quantity. For an actual quantity less than 75% of the estimated quantity, the unit price shall be adjusted for the total actual quantity of work performed. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time.
END OF SECTION
Page 67
RFP 19-00012 General Conditions
GENERAL CONDITIONS
1. DEFINITIONS AND ACRONYMS Agency or Commission or HRT or TDCHR or Board of Commissioners or Administration or Hampton Roads Transit means the Transportation District Commission of Hampton Roads. Change Order or Modification means a written document signed by the Commission, and issued to the Contractor, which alters the scope of the Work to be performed by the Contractor, changes the schedule for performance of the Work, increases or decreases the Contractor’s compensation, or makes any other change to the Contract. Completion means “final completion.” Contract includes the properly executed Solicitation, Offer and Award Form; the Contractor’s offer, including executed bid/proposal forms and attachments; the Special Provisions, General Conditions, Appendices, Exhibits, Plans, and Specifications; properly executed Certificates of Insurance; Payment Bond; Performance Bond; List of Subcontractors; List of Changes in Subcontractors, due to Alternates; Notice(s) to Proceed; and all Amendments (Addenda) issued prior to and all Modifications (Change Orders) issued after execution of the Contract. Contract Administrator means the person granted authority to act on behalf of the Commission in all matters concerning this Contract, any successor thereto, and the authorized representative of the Contract Administrator acting within the limits of authority delegated by the Contract Administrator. The term Contracting Officer may also be used to delineate this responsibility. Contractor or Consultant means the individual, firm, partnership, corporation, joint venture, or combination thereof who, as an independent Contractor, has entered into this Contract with the Commission for the performance of the Work required by the Contract. Days except as otherwise provided herein, shall refer to calendar days, including without limitation weekends and holidays. Final Completion means fulfillment of all the Contractor’s obligations under the Contract. Materials includes materials, equipment, products, articles and other physical items incorporated or to be incorporated into the Work. Owner means Hampton Roads Transit. Product Data includes written or printed descriptions, illustrations, standard schedules, performance charts, instructions, brochures, diagrams, drawings, or other information furnished by the Contractor to describe Materials to be used for some portion of the Work. Project means the Commission’s overall objective or endeavor of which this Contract forms a part.
Page 68
RFP 19-00012 General Conditions
Project Manager or PM means either the Commission’s or the Contractor’s designated and authorized representative and point of contact for managing the project. The PM is charged with the oversight and administration of the performance of the Work. Project Schedule means the schedule prepared by the Contractor and accepted by the Commission setting forth the logical sequence of activities required for the Contractor’s orderly performance and completion of the Work in accordance with this Contract, and specifically, to meet the specified milestone dates, including updates. RFP means Request for Proposal. Specifications means that part of the Contract containing written directions and requirements for completing the Work. Standards, or portions thereof, cited in the Specifications by reference shall have the same effect as if physically included in the Contract in their entirety. Special Provisions means Contractual terms which supplement or modify the General Conditions. Any such Special Provision shall take precedence over any General Condition modified by it. Subcontract means any agreement including purchase orders (other than one involving an employer/employee relationship) entered into between the Contractor and a Subcontractor calling for services, labor, equipment, and/or materials required for the Contract performance, including any modification thereto. Subcontractor means any individual, firm, partnership, corporation, joint venture, or combination thereof, or other entity, other than employees of the Contractor, who contract with the Contractor or a Subcontractor of any tier to furnish services, labor, equipment and/or materials, or labor and materials, under this Contract. As used herein, the term Subcontractor is considered to include the term Supplier. Supplies, material and equipment, as used herein shall include without limitation, all items, tangible or intangible, to be incorporated in the Work or otherwise delivered to the Commission hereunder. Work means the furnishing of all of the supervision, labor, Materials, equipment, services, and incidentals necessary to complete any individual item and the entire Contract and the carrying out of any duties and obligations imposed on the Contractor by the Contract. 2. CHANGES The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes, within the general scope of this Contract. Such change shall serve to modify this Contract to the extent necessary to execute the change as directed. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the Work under this Contract, whether changed or not changed by the
Page 69
RFP 19-00012 General Conditions order, the Contracting Officer shall make an equitable adjustment in the Contract price, the delivery schedule, or both, and shall modify the Contract accordingly. The Contractor must assert its right to an adjustment under this article within three (3) working days from the date of receipt of the written order. Failure by Contractor to give timely notice of the change could constitute waiver of a claim for an equitable adjustment. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted at any time before final payment of the Contract. If the Contractor’s proposal includes the cost of equipment or materials made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of such equipment or materials. Failure to agree to any adjustment shall be a dispute under the Disputes article. However, nothing in this article shall excuse the Contractor from proceeding with the Contract as changed. Granting or acceptance of extensions of time to complete the Work or furnish the labor, supplies, materials, or equipment required under the Contract will not release the Contractor or its surety from their obligations hereunder. 3. ORDER OF PRECEDENCE If any portion of the Contract Documents shall be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: Contract Modifications (Change Orders), Contract Agreement, Contract Appendices, Special Provisions, General Conditions, Plans, Technical Specifications, Contractor’s proposal including executed forms and attachments. 4. ASSIGNMENT AND DELEGATION The Contractor shall neither delegate any duties or obligations under this Contract nor assign, transfer, convey, sublet or otherwise dispose of the Contract or its right, title or interest in or to the same, or any part thereof, without previous consent in writing from the Contracting Officer. 5. AUTHORITY OF OWNER’S REPRESENTATIVE The Work of the Contract will be conducted under the general direction of the Commission’s Project Manager (PM). The PM has authority to oversee the performance of the Work, and may take the following actions: A. Act as the principal technical point of contact with the Contractor. B. Review and approve invoices and payment estimates. In those cases requiring release of final retained percentage of payment, the Project Manager will make his/her recommendations in writing to the Contracting Officer;
Page 70
RFP 19-00012 General Conditions
C. Coordinate correspondence with the Contract Administrator if it significantly affects the Contractual terms, or the rights and obligations of the parties thereunder. D. Notify the Contract Administrator whenever the Project Manager has reason to believe that any estimated cost not-to-exceed amount for a Contract modification will be exceeded. E. Approve, in writing, the Contractor’s progress schedule when required. F. Receive from the Contractor monthly DBE status reports, if applicable. G. Provide the Contract Administrator with a written notification after all Work has been satisfactorily completed with stating that he/she is not aware of any open issues that would preclude close out of the Contract. The Contractor shall adhere to the actions below only if received from or directed by the Contracting Officer or his designee. A. Contract modifications B. Issuance of written orders to stop and/or resume Work. C. Negotiations with the Contractor for adjustment of Contract price and/or time. The presence or absence of the Commission’s Project Manager or inspectors at any time shall not relieve the Contractor from adherence to any requirement of the Contract. 6. FLOWDOWN The Contractor shall ensure appropriate flow-down of applicable Contract provisions to appropriate subcontracts of every tier. Contractor agrees that it will incorporate the provisions of this Contract, to the extent applicable, into all subcontracts and orders with Subcontractors and suppliers of all tiers. It is understood that these provisions apply to all types of Contracts and/or Subcontracts specifically including lump sum (or fixed price Contracts), unit price Contracts, and/or cost type Contracts with or without a guaranteed maximum. It is further understood that change order provisions will apply to all methods of change order pricing specifically including lump sum change order proposals and cost type change order proposals. 7. SUBCONTRACTING The Commission reserves the right, without liability, to approve any Subcontractor of any tier employed by the Contractor hereunder. Nothing in the Contract shall create any contractual relationship between the Commission and any Subcontractor. The Contractor is fully responsible to the Commission for the acts and omissions of its Subcontractors, vendors, materialmen, and persons directly employed by any of them. Contractor shall not, without the prior written consent of the Contracting Officer, substitute any Subcontractor in place of any previously approved Subcontractor. When a portion of the Work
Page 71
RFP 19-00012 General Conditions which has been subcontracted by the Contractor is not being performed in a manner satisfactory to the Commission, the Subcontractor shall be removed immediately upon the written request of the Commission and shall not be employed for any future Work under the Contract. The Commission reserves the right to direct the removal from the Work site of any individual employed, directly or indirectly, by the Contractor or any Subcontractor. No substitution or replacement of a Subcontractor, however caused, shall relieve the Contractor of its obligation to attain the percentage of DBE activity specified herein. Contractor shall, within ten (10) days of receiving payment from the Commission, pay all amounts properly due to its Subcontractors and materialmen, and shall cause its Subcontractors of every tier to pay their Subcontractors and materialmen within an equivalent period after their receipt of payment. Contractor shall promptly notify the Commission of any circumstance in which payment is not so made. Failure to comply with the requirements of this paragraph may be deemed a material breach of this Contract. Any retainage held at the completion of a Subcontractor’s work shall be returned to the Subcontractor within thirty (30) days of the completion and acceptance of the Subcontractor’s work. For those Contracts for which a DBE goal has been established, the failure to perform in accordance with the DBE program detailed in Appendix A may result in partial or full suspension of payment and/or progress payments. Should Contractor wish to withhold payment otherwise due a Subcontractor hereunder, it shall notify the Commission’s representative of such intention in writing, providing the reasons for such withholding. Approval of such withholding by the Commission is required. Contractor shall furnish the Commission with a copy of the notice given to the Subcontractor or Supplier specifying: A. The amount to be withheld; B. The specific causes for the withholding under the terms of the Subcontract; and C. The remedial actions to be taken by the Subcontractor or Supplier in order to receive payment of the amounts withheld. 8. INVOICES Mail original and one (1) copy of all invoices to Transportation District Commission of Hampton Roads, ATTN: Accounts Payable, 3400 Victoria Blvd, Hampton, VA 23661. Electronic invoices may be submitted to [email protected]. The form and content of invoices are subject to review and approval by the Commission. Payment will be made only after receipt and approval of a proper invoice. A proper invoice includes the purchase order/Contract number, date of invoice, dates of delivery of item/service, a description of the item/service delivered, sizes and quantities if applicable, unit prices, and
Page 72
RFP 19-00012 General Conditions extended totals, and any additional information required by the Commission. Invoices shall be accompanied by any supporting documentation that may be required by the Commission. Contractor shall also provide a “Form E – Contractor’s Monthly DBE Payment Report,” as applicable, with each application for payment. This form is provided in Appendix A. 9. PAYMENTS The Commission shall pay to Contractor, at the times and in the manner hereinafter provided, the amount set forth in the Price Schedule for the Work satisfactorily performed, contingent upon Contractor's satisfactory compliance with the terms and conditions of the Contract. Contractor agrees to accept that amount as full and final payment for all labor, materials, supplies, equipment, overhead, profit, taxes, duties, and charges of whatever nature incurred by Contractor in performing its obligations under the Contract. Contractor shall not request payment from the Commission of any amount that the Contractor has withheld or retained from Subcontractors or Suppliers until such time that Contractor has determined and certified to the Commission that the Subcontractor is entitled to the payment of such amount. If Contractor has made application for payment to the Commission and subsequently withholds or retains payments from a Subcontractor, Contractor may be obligated to pay interest to the Commission on that amount, in addition to any other remedies the Commission may have hereunder. No approval for payment, nor any payment, nor any partial or entire use of any portion of the Work by the Commission, shall constitute an acceptance of any Work that is not in accordance with the Contract. By submitting a Request for Payment, Contractor warrants that in the event Materials are furnished by Contractor or incorporated into the Work by Contractor and covered by the progress payment, title shall pass to the Commission free and clear of all liens or encumbrances at the time Contractor receives the progress payment. The Commission may, upon request and at its discretion, furnish to any Subcontractor information regarding the percentages of completion or the amounts applied for by Contractor and the action taken on the application by the Commission on account of Work done by the Subcontractor. 10. AVAILABILITY OF FUNDS A. Funds may not be presently available for performance under this Contract beyond the end of the Commission’s current fiscal year (July 1 to June 30). The Commission’s obligation for performance of this Contract beyond that date is contingent upon the availability of funds from which payment for Contract purposes can be made. No legal liability on the part of the Commission for any payment may arise for performance under
Page 73
RFP 19-00012 General Conditions
this Contract until funds are made available to the Contracting Officer for performance and until the Consultant receives notice of availability, to be confirmed in writing, by the Contracting Officer. Any option exercised by the Commission which will be performed in whole or in part in a subsequent fiscal year is subject to availability of funds in the subsequent fiscal year and will be governed by the terms of this Article. B. This Contract may be funded in whole or in part by grants from the Federal Transit Administration, the Commonwealth of Virginia or the Commission’s member communities. The performance of this Contract is expressly contingent upon receipt of such funds. 11. WITHHOLDING OF PAYMENTS The Commission may withhold all or part of a payment to the extent deemed necessary to protect the Commission from loss because of (1) defective Work not remedied; (2) third party claims filed, or evidence reasonably indicating that a third party claim will be filed; (3) failure of Contractor to make payments properly to Subcontractors, or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract price; (5) damage to the Commission or another Contractor; (6) Contractor's failure to carry out the Work in accordance with the Contract; (7) Contractor's failure to comply with any material provision or requirement of the Contract; (8) Contractor's failure to pay the deductible portion of any insured claim filed by third parties against the Contractor; (9) Contractor's failure to provide the required progress schedules and record drawings in accordance with the Contract; (10) any sums expended by the Commission in performing any of the Work under the Contract which the Contractor has failed to perform; or (11) liquidated damages, if applicable. 12. CONDITIONS AFFECTING THE WORK The Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and extent of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by the Contractor to do so shall not relieve the Contractor from responsibility for successfully performing Work without additional expense to the Commission. The Commission assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations are expressly stated in the Contract. 13. GOVERNING LAW AND CHOICE OF VENUE This Contract shall be governed by the laws of the Commonwealth of Virginia, not withstanding any conflicts of law, provisions to the contrary. The parties agree that the sole and exclusive venue for any disputes arising out of or related to this Contract will be the Federal District Court or State Circuit Court sitting in the City of Norfolk, Virginia.
Page 74
RFP 19-00012 General Conditions
14. WAIVER OF CONDITIONS The waiver of any provision, term or condition in this Contract by the Commission on any particular occasion shall not constitute a general waiver of that or any other provision, term or condition, nor a release from the Contractor’s obligation to otherwise perform or observe any other provision, term or condition of the Contract, and shall not be considered a precedent for future waivers. 15. NOTICE OF INTENT TO FILE A CLAIM Whenever the Contractor deems a potential claim has arisen, the Contractor shall, within three (3) days, notify the Contract Administrator in writing of its intent to file a claim, before proceeding with any Work viewed by the Contractor as outside of the current Scope of Work. The claim shall be submitted within thirty (30) calendar days of initial notification. Should the Contractor assert a claim against the Commission, under this or any other provision of this Contract, involving an amount in excess of fifty thousand dollars ($50,000.00), it shall accompany such claim with a sworn affidavit and certification that, to the best of the Contractor’s knowledge and belief, the facts and amounts stated in the claim are true and complete and that the claim is asserted in good faith. Failure to submit such affidavit and certification shall be grounds for denial of such claim. 16. SEVERANCE If any part of Contract is declared invalid by a court of law, such decision will not affect the validity of any remaining portion, which shall remain in full force and effect, to the greatest extent consistent with the determination of such court. 17. GENERAL INSURANCE REQUIREMENTS RFP #19-00012 must be listed in the Description/Remarks of the Certificate. The Contractor shall procure and maintain, at his own cost and expense, during the entire period of the performance under this Contract, the following types of insurance. IMPORTANT NOTE: Cancellation of insurance will automatically place the Contractor in default. Contractor shall keep proper insurance in full-force and effect at all times during the life of the Contract. PROFESSIONAL LIABILITY (Errors and Omissions): Not less than $1,000,000 A liability insurance policy to pay on behalf of the Contractor any and all costs the Contractor shall become legally obligated to pay as damages on account of any claim by a third-party caused by any negligent act, error or omission of the Contractor is legally liable rising out of the performance under this Contract.
Page 75
RFP 19-00012 General Conditions
WORKERS’ COMPENSATION: A policy complying with the requirements of the statutes of the jurisdiction in which the work will be performed, and if there is any exposure to any of the Contractor or Subcontractor personnel with the U.S. Longshoremen’s and Harbor Workers’ Act, Jones Act, Admiralty Laws or the Federal Employers’ Liability Act, the Contractor will provide coverage for these requirements. Waiver of Subrogation to be included in favor of Transportation District Commission of Hampton Roads shall be clearly stated. A valid Certificate of Insurance evidencing the waiver and policy coverage limits must be provided prior to commencement of the Contract. Worker’s Compensation: STATUTORY Employer’s Liability - Each Accident $500,000 Disease Policy Limits $500,000 Disease - Each Employee $500,000 COMMERCIAL GENERAL LIABILITY: The Contractor and any Subcontractor shall provide a valid Certificate of Insurance listing the insurance coverage maintained. The Commercial General Liability insurance shall include, at a minimum, the following coverage: $1,000,000 Each Occurrence $2,000,000 General Aggregate [ x ] Premises - Operations [ x ] Products - Completed Operations If the insurance contract has a Limit of Liability Aggregate, the minimum Aggregate level shall be $3,000,000 per policy year. The Contractor and any Subcontractor shall name the following as an Additional Insured and include Waiver of Subrogation: Transportation District Commission of Hampton Roads shall be included as an additional insured under the coverage for Commercial General Liability insurance with respect to all activities under this Contract and shall provide a copy to the Contracting Officer. AUTOMOBILE INSURANCE: The Contractor and any Subcontractor shall provide a valid Certificate of Insurance listing the insurance coverage maintained. The Automobile Insurance maintained by the Contractor and any Subcontractor shall include, at a minimum, the following coverage:
Page 76
RFP 19-00012 General Conditions
[ x ] Owned and Hired Automobiles [ x ] Non-Owned Automobiles The minimum Limit of Liability shall be: $1,000,000 Combined Single Limit Per Occurrence The Contractor and any Subcontractor shall name the following as an Additional Insured and include Waiver of Subrogation: Transportation District Commission of Hampton Roads shall be included as an additional insured under the coverage for Automobile Liability insurance with respect to all activities under this Contract and shall provide a copy to the Contracting Officer. UMBRELLA/EXCESS LIABILITY Will accept Umbrella/Excess liability if limits above cannot be met under the primary contracts. The Contractor and any Subcontractor shall name the following as an Additional Insured and include Waiver of Subrogation: Transportation District Commission of Hampton Roads shall be included as an additional insured under the coverage for Umbrella/Excess Liability insurance with respect to all activities under this Contract and shall provide a copy to the Contracting Officer. SPECIAL PROVISIONS OF INSURANCE FURNISHED BY CONTRACTOR OR ANY SUBCONTRACTOR A. The Contractor shall forward to the Contracting Officer for approval a certificate, or certificates, issued by the insurer(s), of the insurance required under the foregoing provisions, including special endorsements. Such certificate(s) shall be in a form satisfactory to the Commission and shall list the various coverage’s and limits. Insurance companies providing the coverage must be acceptable to Commission; rated by A.M. Best and carry at least an “A-” rating. In addition to any provisions herein before required, a provision of such insurance policies shall be that the policies shall not be changed or canceled. Contractor is required to renew their coverage at expiration for the duration of the job and continue in full-force and effect until final acceptance by the Commission of all work covered by the Contract, unless the Commission is given thirty (30) days written notice before any change to limits or conditions or cancellation is made effective. The Contractor shall promptly furnish the Contracting Officer with a certified copy of each insurance policy upon request. B. All insurance shall be procured from insurance or indemnity companies acceptable to the Commission/Jurisdiction and licensed and authorized to do business in Commonwealth of Virginia. Commission/Jurisdiction approval or failure to disapprove insurance
Page 77
RFP 19-00012 General Conditions
furnished by the Contractor shall not release the Contractor of full responsibility for liability for damage and accidents. C. If at any time the above required insurance policies should be canceled, terminated or modified so that the insurance is not in full-force and effect as required herein, the Contracting Officer may terminate this Contract for Default or obtain insurance coverage equal to that required herein, the full cost of which shall be charged to the Contractor and deducted from any payments due the Contractor. 18. ONSITE SAFETY AND SECURITY Contractor shall be responsible for compliance with all safety rules and regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA), and all applicable Commonwealth of Virginia and local laws, ordinances and regulations during the performance of this Contract. Upon request, Contractor or Subcontractor shall provide the Commission with a list of names and residential addresses for all on-site representatives or individuals provided with a security badge and/or key. All Contractors, Subcontractors, and on-site representatives working near moving traffic, on the Commission’s property or public roads, including right of way areas and vehicle yards, are required to wear a Type 2 vest. The vest shall be an outer garment and shall not be covered by anything, i.e. articles of clothing or a carrying bag, etc. Any substitutions such as Class 2 reflective Tee Shirts or reflective jackets must be pre-approved by the Commission’s Department of Safety Security and Risk Management. Upon entry into any Commission facility, all Contractors, Subcontractors, and onsite representatives must comply with all OSHA Regulations and the Commission’s policies, including Personal Protective Equipment (PPE) such as safety glasses, work boots, and protective gloves. All Commission policies related to onsite safety and security will be provided upon request. 19. SENSITIVE SECURITY INFORMATION Contractor shall take all appropriate measures to protect “sensitive security information” made available during the course of its performance hereunder, in accordance with the provisions of 49 U.S.C. Section 40119(b); the implementing U.S. Department of Transportation regulations at 49 CFR Part 15; 49 U.S.C. Section 114(s); and the implementing U.S. Department of Homeland Security regulations at 49 CFR Part 1520. Contractor shall ensure, and require its Subcontractors to ensure, that the requirements of this section be included in subcontracts at all tiers. 20. HAZARDOUS CHEMICALS AND WASTES If applicable, the Contractor shall bear full and exclusive responsibility for any release of hazardous or non-hazardous chemicals or substances by it or its employees, agents,
Page 78
RFP 19-00012 General Conditions representatives, or by its Subcontractors or suppliers of any tier, or the employees, agents or representatives of any of them during the course of its performance of the Work. The Contractor shall immediately report any such release to the Commission’s Project Manager. The Contractor shall be solely responsible for compliance with all applicable Federal, State and local laws and regulations regarding reporting of such releases of hazardous chemicals or substances to appropriate government agencies. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of such releases, including without limitation the payment of any fines or penalties levied against the Commission as a result of such release, and shall hold harmless, indemnify, and defend the Commission from any claims arising from such release. For purposes of this section only, “claims” include (1) all notices, orders, directives, administrative, or judicial proceedings, fines, penalties, fees, or charges imposed by any governmental agency with jurisdiction; and (2) any claim, cause of action, or administrative or judicial proceeding brought against the Commission, its Commissioners, officers, employees or agents, or for any loss, cost (including reasonable attorney’s fees) damage, or liability, sustained or suffered by any person or entity including the Commission. In the event that the Contractor discovers hazardous materials in the course if its Work, it shall immediately cease Work in the affected area, remove its personnel, and notify a field representative of the Commission or the Commission’s Project Manager, and shall not resume Work until directed by the Commission. Any delay or other costs incurred by the Contractor as a result of such Work stoppage shall be compensable hereunder, provided that the Contractor (1) is not responsible for the hazardous materials under this Section; and (2) complies with the requirements of this paragraph regarding the stoppage of Work, notification, and removal of personnel. If in the performance of the Work, the Contractor uses hazardous chemicals or substances or creates any hazardous wastes, as defined in federal and State law, all such resulting hazardous wastes shall be properly handled, stored and disposed of according to federal, State, and local laws, including the use of protective equipment and clothing by workers exposed to such hazardous materials, substances, or wastes, at the expense of the Contractor. The Contractor shall dispose of any and all such hazardous wastes under its own EPA Identification Number via a licensed hazardous waste transporter, at an appropriately permitted disposal facility selected by the Contractor. In no event shall the Commission be identified as the generator of any such wastes. The Contractor shall determine whether any wastes generated during the Work is hazardous waste and shall notify the Commission’s Project Manager if Contractor generates any hazardous wastes. The Commission reserves the right to a copy of the results of any tests conducted on the wastes, and at the Commission’s cost, to perform additional tests or examine those wastes prior to disposition. The Contractor shall hold harmless, indemnify, and defend the
Page 79
RFP 19-00012 General Conditions
Commission from any claims arising from the disposal of such hazardous wastes regardless of the absence of negligence or other malfeasance by Contractor. 21. ENVIRONMENTAL MANAGEMENT AND SUSTAINABILITY The Commission recognizes that environmental compliance involves everyone (both internal and external to the Commission), and expects its Contractors, suppliers, and vendors to provide services in an environmentally-responsible manner. This includes, among other things, maximizing the use of recycled and recyclable materials and supplies, utilizing energy-efficient and non-polluting vehicles and equipment, and encouraging employee awareness of environmentally-sensitive activities in order to mitigate potential adverse impacts on the environment. The Commission has instituted an Environmental Management System (EMS) that complies with the ISO 14001:2004 Standard. As such, it is the Commission’s responsibility to make sure all of its Contractors, suppliers and vendors are informed of its Environmental Management Policy and EMS Procedures. 22. WARRANTY The Contractor warrants that it will perform this Contract in a good and workmanlike manner consistent with accepted industry practice and in compliance with applicable laws and regulations. The Contractor warrants that any products and all services it will provide are of a merchantable quality and suitable for the purposes of this Contract. All such warranties, as well as manuals or other documents related to the use or operation of such items, shall be provided to the Commission prior to Final Acceptance of the Work. The Contracting Officer shall give written notice to the Contractor of any defect or nonconformance identified by the Commission. This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Commission does not require corrective action or reperformance. If the Contractor is required to correct or reperform, it shall be at no cost to the Commission, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as Work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by Contract or otherwise, correct or replace with similar service and charge to the Contractor the cost occasioned to the Commission thereby, or make an equitable adjustment in the Contract price. The Contractor shall not be entitled to any extension of the Contract schedule as a result of any required correction or reperformance, or failure to do so. If the Commission does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the Contract price. In addition to the Contractor’s warranty defined herein, warranties provided by a manufacturer shall be passed on to the Commission at no additional cost.
Page 80
RFP 19-00012 General Conditions
23. INSPECTION OF SERVICES Definition: “Services,” as used in this clause, includes services performed, workmanship, and materials, supplies, equipment whether tangible or intangible furnished or utilized in the performance of services. If any of the Services do not conform to Contract requirements, the Commission may require the Contractor to reperform the Services in conformity with Contract requirements, at no cost or delay to the Commission, including costs of reinspection. When defects in Services cannot be corrected by reperformance, the Commission may – A. Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and B. Reduce the Contract price to reflect the reduced value of the Services performed. C. If the Contractor fails to promptly perform the Services again or to take the necessary action to ensure future performance in conformity with Contract requirements, the Commission may – D. By Contract or otherwise, perform the Services and charge to the Contractor any cost incurred by the Commission that is directly related to the performance of such service; or E. Terminate the Contract or the portion affected by the non-performance for default. 24. TITLE AND RISK OF LOSS Unless this Contract specifically provides for earlier passage of title, title to the Work, and any supplies, material or equipment covered by this Contract shall pass to the Commission upon formal acceptance, regardless of when or where the Commission takes physical possession. 25. SUSPENSION The Commission may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Commission may determine. An adjustment may be made for increases in the schedule or cost of performance of the Contract excluding profit on the increased cost of performance, caused by suspension, delay or interruption. No adjustment shall be made to the extent: (1) that performance is, was or would have been suspended, delayed or interrupted by another cause for which the Contractor is responsible; or (2) that an equitable adjustment is made or denied under another provision of this Contract. 26. DELAY OF WORK If the performance of all or any part of the Work is delayed or interrupted by an act of the Contracting Officer in the administration of this Contract, which act is not expressly or impliedly authorized by this Contract, or by his/her failure to act within the time specified, an adjustment
Page 81
RFP 19-00012 General Conditions
(excluding profit) shall be made for any increase in the schedule or cost of performance of this Contract caused by such delay or interruption and the Contract modified in writing accordingly. Adjustment shall be made also in the delivery or performance dates and any other contractual provision affected by such delay or interruption. However, no adjustment shall be made under this Article for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor; or for which an adjustment is provided or excluded under any other provision of this Contract. No claim under this clause shall be allowed for any costs incurred more than twenty (20) working days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and unless the claim, in an amount stated, is asserted in writing as soon as practicable after the end of such delay or interruption, but not later than the date of final payment under the Contract. 27. STOP WORK ORDER The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part of the Work called for by this Contract for a period not to exceed ninety (90) calendar days after the order is delivered to the Contractor or any other date cited in the order, and for any further period to which the parties may agree. Any such order shall be specifically identified as a Stop Work Order issued pursuant to this article. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable steps to protect and preserve the Work, minimize the incurrence of costs allocable to the Work covered by the order during the period of Work stoppage. Within a period of ninety (90) calendar days after a Stop Work Order is delivered to the Contractor, or within any extension of that period, the Contracting Officer shall either cancel the Stop Work Order, or terminate the Work covered by such order as provided in Section 43, Termination for Convenience, of these General Conditions. If a Stop Work Order issued under this Article is cancelled or the period of the order or any extension thereof expires, the Contractor shall resume Work. An equitable adjustment shall be made in the delivery schedule or Contract price, or both, and the Contract modified in writing accordingly, if: A. The Stop Work Order results in an increase in the time required for, or in the Contractor’s cost properly allocable to the performance of any part of this Contract, and, B. The Contractor asserts a claim for such adjustment within thirty (30) calendar days after the end of the period of Work stoppage; provided that, if the Contracting Officer decides the facts justify such action, he may receive and act upon any such claim asserted at any time prior to final payment under this Contract.
Page 82
RFP 19-00012 General Conditions
If a Stop Work Order is not cancelled and the Work covered by such order is terminated for the convenience of the Commission, the reasonable costs resulting from the Stop Work Order shall be allowed in arriving at the termination settlement. 28. CONFLICT OF INTEREST A. Contractor covenants no appointed or elected official, member or other officer or employee of the Commonwealth of Virginia, or of the Transportation District Commission of Hampton Roads (TDCHR), or their affiliates and subsidiaries: i) is interested directly or indirectly, in any manner whatsoever in or in the performance of the Contract or in the supplies, work or business to which it relates or in any portion of the profits thereof; ii) has been or will be offered or given any tangible consideration in connection with this Contract; and/or iii) has used confidential information that he/her acquired by reason of his/her public position, and which is not available to the public, in conjunction with the Contract. B. Contractor covenants that it has not, nor anyone on its behalf, directly or indirectly offered, promised, nor actually given any money, honorarium, loan, gift, favor, service, or business or professional opportunity to any appointed or elected official, member or other officer or employee of the Commonwealth of Virginia, or of the TDCHR, or their affiliates and subsidiaries, in conjunction with the preparation of the Proposal C. Contractor covenants that no person associated in any way with the Contract participated in the underlying preparation of the Invitation for Bid or Request for Proposal by TDCHR. D. Contractor covenants that it does not employee any current TDCHR employees or former TDCHR employees (who have been separated from TDCHR for less than one calendar year) that have or had any responsibility for procurement transactions at TDCHR. E. Contractor covenants that neither Contractor nor, to the best of the Contractor’s knowledge after diligent inquiry, any director, officer, owner or employee of the Contractor has any interest, nor shall they acquire any interest, directly or indirectly, which would conflict in any manner or degree with the faithful performance of the Contract hereunder. F. In the event the Contractor has no prior knowledge of a conflict of interest as set forth in “A” and “E” above and hereafter acquires information which indicates that there may be an actual or apparent violation of any of the above, the Contractor shall promptly bring such information to the attention of the Commission’s Director of Procurement. Contractor shall thereafter cooperate with the Commission’s review and investigation of such information and comply with any instruction it receives from the Director of Procurement in regard to remedying the situation.
Page 83
RFP 19-00012 General Conditions
29. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Commission shall have the right to annul this Contract without liability or in its discretion, to deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 30. GRATUITIES In connection with performance of Work required under this Contract, or any changes or modifications relative thereto, the giving of or offering to give gratuities (in the form of entertainment, gifts or otherwise) by the Contractor, or any agent, representative or other person deemed to be acting on behalf of the Contractor, or any supplier or Subcontractor furnishing material to or performing Work under this Contractor, or any agent, representative or other person deemed to be acting on behalf of such supplier or Subcontractor, to any Commissioner, officer, or employee of the Commission; or to any director, officer, employee or agent of any of the Commission’s agents, consultants, representatives or other persons deemed to be acting for or on behalf of the Commission with a view toward securing a Contract or securing favorable treatment with respect to the awarding or amending, managing, or the making of any determinations with respect to the performing of such Contract is expressly prohibited. Violation of this provision shall be deemed an instance of default hereunder. 31. COLLUSION If at any time it shall be found that the person, firm, or corporation to whom a Contract has been awarded has, in preparing or presenting any bid or bids, including but not limited to proposals for Contract modifications, colluded with any other party or parties with the intent of preventing full and open competition or the obtaining by the Commission of a fair and reasonable price for the Work hereunder, then the Commission may terminate this Contract for default, or exercise such other remedies as it deems appropriate, and the Contractor and its sureties shall be liable to the Commission for all loss or damage which the Commission may suffer thereby. 32. INDEMNIFICATION A. Indemnification for Claims of Intellectual Property Infringement. To the fullest extent possible, the Contractor will indemnify and hold harmless the Commission and its officers, agents, successors and employees against any and all intellectual property infringement or misappropriation claims brought by a third party or parties, enforceable in the United States, and related to the Work performed by the Contractor pursuant to this Contract.
Page 84
RFP 19-00012 General Conditions
Contractor’s indemnity obligations hereunder include: (1) all costs and attorney’s fees incurred by the Commission and/or its outside legal counsel, as selected by the Commission in its sole discretion, in the event Contractor fails to assume the defense of the claim, (2) payment of any settlement agreed to by the Commission and approved by Contractor, and (3) any award of damages against the Commission and in favor of the third party regardless of whether such claims are unfounded or substantiated. Contractor’s obligations under this section will not apply to the extent that the infringement or violation is caused by (1) functional or other specifications that were provide by or requested by the Commission; or (2) the Commission’s continued use of infringing Materials, equipment, or services after Contractor provides reasonable notice to the Commission of the infringement or any third-party claim that Contractor receives. To minimize the potential for claim, Contractor may, at its option, either: (i) procure the right for the Commission to continue using the Materials, equipment, or services at Contractor’s sole expense or (ii) replace or modify, at Contractor’s sole expense, the Materials, equipment, or services with comparable Materials, equipment, or services that is acceptable to the Commission. Failure by Contractor to provide either the right to continue using the Materials, equipment, or services as specified in (i) above, or replacement Materials, equipment, or services as specified in (ii) above, will constitute a material breach of this Agreement by Contractor. B. Indemnification for Personal Injury or Property Damage Claims. To the fullest extent possible, Contractor will indemnify and hold harmless the Commission, its officers, employees, agents, successors, assigns, affiliates and subsidiaries against all third party claims for damages, losses, liabilities, or expenses, related to personal injury to or death of any person or persons, and for any loss or damage to any from the acts, omissions, or willful misconduct of Contractor, its agents, employees, subcontractors, suppliers, assigns, subsidiaries and/or affiliates. Contractor’s indemnity obligations hereunder include: (1) all costs and attorney’s fees incurred by the Commission and/or its outside legal counsel, as selected by the Commission in its sole discretion, in the event Contractor fails to assume the defense of the claim; (2) payment of any settlement agreed to by the Commission and approved by Contractor, and (3) any award of damages against the Commission and in favor of the third party regardless of whether such claims are unfounded or substantiated. C. Civil or Criminal Penalties. Contractor shall indemnify the Commission, its officers, employees, agents and/or their successors, assigns and/or heirs against any liability, including but not limited to any civil or criminal penalties assessed against any of them
Page 85
RFP 19-00012 General Conditions
resulting from the failure of the Contractor or any Subcontractor to conform to any law or regulation pertaining to professional services performed under this Contract. D. To be indemnified, the Commission must (i) give Contractor prompt written notice of the claim and tender its defense within forty-five (45) days of the Commission receiving written notice of the claim; (ii) give Contractor full and complete authority, information and assistance for the claim’s defense and settlement; and (iii) not intentionally prejudice Contractor’s ability to satisfactorily defend or settle the claim. Contractor will retain the right, at its option to settle or defend the claim, at its own expense and with its own counsel. E. The provisions of this “Indemnification” Section states the entire liability and obligations of Contractor and any of its Affiliates or licensors, and the exclusive remedy of the Commission, with respect to any claims subject to indemnification. 33. COST OR PRICING DATA The Contractor shall submit to the Contracting Officer upon request cost or pricing data for any modification or proposed modification of this Contract, under the conditions described in this Paragraph and certify that, to the best of its knowledge and belief, the cost or pricing data submitted is current, accurate, and complete. The Contractor shall also certify that costs proposed hereunder are allocable, allowable, and reasonable in accordance with cost principles and practices under Part 31 of the Code of Federal Regulations and OMB Circular A-87 (2 C.F.R. Part 225). The submittal of certified cost or pricing data shall not be required if the price is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation. The Contractor agrees that the terms “adequate price competition” and “established catalog or market prices of commercial items sold in substantial quantities to the general public” shall be determined by the Contracting Officer. Cost or pricing data consists of all facts existing up to the time of agreement on price which prudent buyers and sellers would reasonably expect to have a significant effect on the price negotiations for the modification. The term “cost” specifically includes the elements of labor, material, overhead and profit incorporated in the Contractor’s price. The definition of cost or pricing data embraces more than historical accounting data; it also includes, where applicable, such factors as Subcontractor, supplier and vendor quotations, nonrecurring costs, changes in construction methods, unit cost trends such as those associated with labor efficiency and any management decisions which could reasonably be expected to have a significant bearing on costs. Cost or pricing data consists of all facts which can reasonably be expected to contribute to sound estimates of future costs as well as to the validity of costs already incurred. Cost or pricing data, being factual, is that type of information which can be verified. Because the
Page 86
RFP 19-00012 General Conditions certificate pertains to cost or pricing data, it does not make representations as to the accuracy of the Contractor’s judgment on the estimated portion of future cost or projections. The certificate does, however, apply to the data upon which the Contractor’s judgment is based. If the Contractor or Subcontractor submits defective cost or pricing data, a reduction in Contract price shall be made by that amount deemed defective. 34. PRIVACY ACT The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements with the Privacy Act of 1974, 5 U.S.C. 552a. 35. OWNERSHIP OF WORKS AND INVENTIONS All documents, reports, recommendations, supporting documentation, works of authorship, inventions, improvements, data, processes, computer software programs and discoveries (hereafter called intellectual property or IP) conceived, created or furnished under this Agreement and paid for by the Commission shall be the sole property of the Commission, with no rights of ownership in Contractor or any Subconsultants/Subcontractors. This Agreement shall operate as an irrevocable assignment by Contractor and Subconsultants/Subcontractors to the Commission of the copyright in any IP created, published or furnished to the Commission under this Agreement including all rights thereunder in perpetuity. Contractor and Subconsultants/Subcontractors shall not patent any IP conceived, created or furnished under this Agreement. Contractor and Subconsultants/Subcontractors agree to execute and deliver all necessary documents requested by the Commission to affect the assignment of the IP to the Commission or registration or confirmation of the Commission’s rights in or to IP under the terms of this Agreement. Contractor agrees to include the provision in all its subcontracts under this Agreement. 36. NOTICES AND COMMUNICATIONS All notices and other communications concerning this Contract shall be written in English, sequentially numbered, reference the Contract number assigned by the Commission, and be in Microsoft Office format, i.e. Word, Excel, or PDF. Notices and other communications may be delivered personally, by facsimile, or by regular, certified, or registered mail. Formal notices and communications are effective when received. Email notices and communications are not considered formal and shall not be considered official unless confirmed in writing by the designated Commission representative and delivered as noted above. All formal communications shall be between the Commission’s Project Manager and the Contractor’s Project Manager.
Page 87
RFP 19-00012 General Conditions
37. BRAND NAME OR APPROVED EQUAL If a brand name, make or model number, or descriptive material is included in the specification without the phrase “or approved equal,” it is implied. To be accepted as an approved equal, a vendor must provide specific supporting documentation that the product offering proposed as “or equal” meets or exceeds the salient physical and functional characteristics of the product specified in the solicitation. Approval as an “approved equal” must be in writing from the Contracting Officer. The Contractor will be responsible that the product performs equally with the specified brand-named product. 38. FEDERAL FUNDING AND INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The following provisions are required by the U.S. Department of Transportation (DOT), FTA or other public entities providing funding for this Contract, whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, effective November 1, 2008, including amendments, modifications, or clarifications thereto, 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 Commission requests which would cause the Commission to be in violation of the FTA terms and conditions. 39. CHANGES TO FEDERAL REQUIREMENTS Contractor shall at all times comply with all applicable regulations, policies, procedures and directives of the FTA, including without limitation those listed directly or by reference in the Master Agreement issued annually by FTA as entered into by the Commission and FTA, as they may be amended or promulgated from time to time during the term of this Contract. Contractor's failure to so comply shall constitute a material breach of this Contract. 40. ACCESS TO THIRD PARTY CONTRACT RECORDS The Contractor shall maintain records, and the Contracting Officer, the U.S. Department of Transportation, and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor, involving transactions related to this Contract, for the purpose of making audit, examination, excerpts and transcriptions. The Commonwealth of Virginia and any other public entity providing funding for this Contract shall have the same rights as provided to the parties named herein. The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the Subcontractor agrees that the Contracting Officer, the U.S. Department of Transportation
Page 88
RFP 19-00012 General Conditions and the Comptroller General of the United States or any of their duly authorized representatives shall, until the expiration of three (3) years after final payment under the Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor, involving transactions related to the subcontract, for the purpose of making audit, examination, excerpts and transcriptions. The Commonwealth of Virginia and any other public entity providing funding for this Contract shall have the same rights as provided to the parties named herein. 41. DISPUTES (applicable if over $100,000) Except as otherwise provided in this Contract, any dispute arising under or related to this Contract which is not disposed of by agreement shall be decided by the Director of Procurement. The Contractor must submit in writing its Request for Relief from any such dispute to the Director of Procurement within fifteen (15) days of when the Contractor knew or should have known of such dispute. The Request for Relief must contain all facts and supporting documents, if any, in support of the Contractor’s position. The Contractor agrees that any facts or documents not referenced by it in the Request for Relief may not be subsequently raised or relied on by the Contractor in any way in any subsequent legal or administrative proceeding. The Director of Procurement shall reduce his/her decision to writing and deliver a copy to the Contractor within thirty (30) calendar days from the date of receipt of the Request for Relief. The decision of the Director of Procurement shall be final and binding unless determined by a court of competent jurisdiction to have been either fraudulent or arbitrary and capricious. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the Director of Procurement’s decision. Satisfaction of the dispute resolution process in accordance with this section shall be a condition precedent to the Contractor filing a subsequent legal or administrative action against the Commission. 42. TERMINATION FOR DEFAULT (applicable if over $10,000) The Commission may, subject to the provisions herein, by written notice of default to the Contractor, terminate the whole or any part of this Contract in any one of the following circumstances: A. The Contractor is in material breach of any provision of this Contract; B. The Contractor makes a general assignment of this Contract for the benefit of creditors; C. The Contractor repeatedly fails to make prompt payment to Subcontractors or for Material or labor; or D. The Contractor disregards laws, regulations, ordinances, the orders of a legal authority, or the instructions of the Commission; and the Contractor has not remedied the breach within ten (10) days after receiving written notice from the Commission.
Page 89
RFP 19-00012 General Conditions
In addition to its right to terminate the Contract for the reasons set forth above, if the Contractor fails to perform any of the other provisions of this Contract, or refuses or fails to perform the Work or any separable part, with the diligence that will ensure its completion in accordance with its terms or within the time specified in this Contract including any extension, and does not cure such failure within a period of ten (10) days (or such longer period as the Contracting Officer may authorize in writing), the Commission may, by written notice to the Contractor and with copy to surety, terminate the right to proceed with the Work (or the separable part of the Work) that has been delayed. In this event, the Contractor and its sureties shall be liable for any damage to the Commission resulting from the Contractor's refusal or failure to complete the Work within the specified time or for liquidated damages for delay, if liquidated damages are allowable by this Contract. This liability includes any increased costs to cover incurred by the Commission in completing the Work. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the Commission’s convenience pursuant to Section 43 of these General Conditions. The rights and remedies of the Commission in this Article are in addition to any other rights and remedies provided by law or under this Contract. In the event the Commission terminates this Contract in whole or in part, the Commission may procure, upon such terms and in such manner as the Contracting Officer may deem appropriate, supplies or services similar to those so terminated, and the Contractor shall be liable to the Commission for any excess costs for such similar supplies or services incurred by the Commission, including but not by way of limitation the costs of re-procurement; provided, that the Contractor shall continue the performance of this Contract to the extent not terminated under the provisions of this article. Except with respect to defaults of Subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises out of causes beyond the reasonable anticipation and control, and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in its sovereign capacity or the Commission in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather; but in every case the failure to perform must be beyond the reasonable anticipation and control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a Subcontractor, and if such default arises out of causes beyond the reasonable anticipation and control of both the Contractor and Subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the
Page 90
RFP 19-00012 General Conditions supplies or services to be furnished by the Subcontractor were obtainable from other sources in sufficient time to permit the Contractor to fulfill its contractual obligations. If this Contract is terminated, title and possession of any completed or partially completed Work that has been paid for by the Commission, including any supplies, materials, parts, tools, dies, jigs, fixtures, plans, drawings, information and Contract rights that the Contractor has specifically produced or specifically acquired for the performance of this Contract, will pass to the Commission. The Contractor will protect and preserve such completed or partially completed Work and deliver the same to the Commission on reasonable demand. 43. TERMINATION FOR CONVENIENCE (applicable if over $10,000) The Commission may terminate this Contract in whole or in part at any time and in its sole discretion. The Commission shall deliver written Notice of Termination to the Contractor specifying the extent to which performance of the Work under the Contract is terminated, and the date upon which such termination becomes effective. After receipt of a Notice of Termination, the Contractor shall promptly proceed with the following: A. Stop the Work on the date and to the extent specified in the Notice of Termination; B. Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the Work which is not terminated; C. Terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated; D. Assign to the Commission, in the manner, at the time, and to the extent directed by the Contracting Officer, all of the rights, title and interests of the Contractor under the orders and subcontracts so terminated, in which case the Commission shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; E. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent he/she may require; the approval or ratification shall be final for purposes of this article; F. Transfer title and possession of any completed or partially completed Work that has been paid for by the Commission, including any supplies, materials, parts, tools, dies, jigs, fixtures, plans, drawings, information and Contract rights that the Contractor has specifically produced or specifically acquired for the performance of this Contract; G. Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and preservation of the property related to this Contract which is in the
Page 91
RFP 19-00012 General Conditions
possession of the Contractor and in which the Commission has or may acquire an interest; and H. Complete performance of such part of the Work not terminated by the Notice of Termination. After receipt of a Notice of Termination, the Contractor shall submit to the Contracting Officer its termination claim, in the form and with certification prescribed by the Contracting Officer. Such claims shall be submitted promptly but in no event later than one (1) year from the effective date of termination. Upon failure of the Contractor to submit his termination claim within the time allowed, the Contracting Officer may determine on the basis of information available, the amount, if any, due the Contractor because of the termination and shall pay the amount determined. In the event of the failure of the Contractor and the Contracting Officer to agree upon the whole amount to be paid the Contractor, the Contractor may submit a Request for Relief in accordance with Section 41. In any event, the total sum to be paid to the Contractor shall not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of work not terminated. Costs claimed, agreed to, or determined shall be in accordance with the applicable Contract cost principles and procedures in OMB Circular A-87 (2 C.F.R. Part 225) in effect on the date of this Contract. I. Unless otherwise provided in this Contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this Contract for three (3) years after final settlement. This includes all books and other evidence bearing on the Contractor's costs and expenses under this Contract. The Contractor shall make these records and documents available to the Commission, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. 44. FEDERAL ENERGY CONSERVATION REQUIREMENTS The Contractor 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. 45. CIVIL RIGHTS REQUIREMENTS A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §2002d, 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. §12132, and Federal transit law at 49 U.S.C. §5332, the Contractor agrees that it will not
Page 92
RFP 19-00012 General Conditions
discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor 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: i. 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 Contractor 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. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 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 Contractor 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 Contractor agrees to comply with any implementing requirements FTA may issue. ii. 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 Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. iii. Disabilities - In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §12112, the Contractor 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 Contractor agrees to comply with any implementing requirements FTA may issue.
Page 93
RFP 19-00012 General Conditions
The Contractor 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. In accordance with the Code of Virginia, the Contractor agrees to not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purposes of meeting the requirements of this section. 46. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES Notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this 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 obligations or liabilities to the Commission, the Contractor, or any other party (whether or not a party to this Contract) pertaining to any matter resulting from this Contract. The Contractor agrees to include this clause in each subcontract financed in whole or in 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. 47. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Contract. Upon execution, the Contractor 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 this Contract. In addition to other penalties that may be applicable, the Contractor 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 Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification under a Contract connected with a
Page 94
RFP 19-00012 General Conditions 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. §1001 and 49 U.S.C. §5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include this provision in each subcontract, and to require Subcontractors to do likewise. It is further agreed that the clauses shall not be modified, except to identify the Subcontractor who will be subject to the provisions. 48. SUSPENSION AND DEBARMENT (applicable if over $25,000) This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. 49. CLEAN AIR AND WATER (applicable if over $100,000) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq., and the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Commission and understands and agrees that the Commission will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA regional office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 50. COMPLIANCE WITH FEDERAL LOBBYING POLICY (applicable if over $100,000) In accordance with the certification submitted as part of its offer as accepted by the Commission, Contractor will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C. 1352. Contractor shall obtain such certifications from its Subcontractors and maintain a record thereof. 51. FLY AMERICA (applicable for foreign air transport or travel) The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and sub-recipients of Federal funds and their Contractors are required to use U.S.
Page 95
RFP 19-00012 General Conditions
Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. Flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 52. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS 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: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr26_main_02.tpl The Contractor, Subrecipient or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of the Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor 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 Commission deems appropriate, which may include, but is not limited to the following: A. Withholding monthly progress payments; B. Assessing sanctions; C. Liquidated damages; and/or, D. Disqualifying the Contractor from future bidding as non-responsible. Virginia’s Small, Women and Minority Owned Business Certifications (SWaM/MBE/WBE) ARE NOT an acceptable substitution for the DBE requirement. Throughout the term of this Contract, Contractor shall have a continuing obligation to attain the DBE goal it committed to in its offer, as may be adjusted to reflect modifications to the Scope of Work from time to time. Failure to do so may result in the imposition of sanctions up to and including termination for default. The Contractor shall submit the required Appendix A, Form E, Contractor Monthly Report of DBE Participation, on a monthly basis directly to the Commission’s DBE Project Manager. As part of the flow down requirements, Contractor shall require that all DBE Subcontractors submit the required Appendix A Form E-2, DBE Subcontractor Monthly Report, directly to the Commission’s DBE Project Manager on a monthly basis.
Page 96
RFP 19-00012 General Conditions
53. INTELLIGENT TRANSPORTATION SYSTEMS (ITS) REQUIREMENTS If applicable, in accordance with the FTA National Architecture Policy on Transit Projects [Federal Register: January 8, 2001 (Vol. 66, No. 5, pp. 1455-1459)], which can be accessed at http://ops.fhwa.dot.gov/its_arch_imp/policy_2.htm, (Policy), ITS projects funded by the Highway Trust Fund and the Mass Transit Fund must conform to a regional ITS architecture. An ITS project is defined as “any project that in whole or in part funds the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS User Services as defined in the National ITS Architecture.” If the project includes ITS components that implement any of the defined User Services, it is considered an “ITS Project.” The Commission has participated in the development of a regional ITS architecture, which is available at http://local.iteris.com/virginiaitsarchitecture/index.html. If the solicitation documents identify this Contract as subject to the Policy, or if the Contractor has reason to believe that the Policy applies to its services hereunder, the Contractor shall be responsible, in consultation with the Commission, for determining what, if any Work performed, or products supplied, under this Contract are subject to and conforming to all requirements of that Policy as applicable. 54. PROMPT PAYMENT A. The Contractor agrees to pay each Subcontractor under this prime Contract for satisfactory performance of its Contract no later than ten (10) days from the receipt of each payment the Contractor receives from the Commission. The Contractor agrees further to return retainer payments to each Subcontractor within thirty (30) days after the Subcontractor’s work is satisfactorily completed and corresponding retainage is released by the Commission. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Commission. This clause applies to DBE and non-DBE Subcontractors. B. If the Contractor fails or refuses to comply with the terms of this Program, as it is set forth in such Contractor’s Contract, the Commission will issue an order stopping all or part of payment and/or work until satisfactory action has been taken. If the Contractor still fails to comply, the Commission may issue a termination for default proceeding.
END OF SECTION
Page 97