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PROFESSIONAL SERVICES CONTRACT AGREEMENT
PURCHASINGCONTRACTNUMBERRFP 13-116
Project: Downtown Cir culator System Analysis
Consultant: URS Corporation
Owner: Public Works Department, City of Boise, Ada County, Idaho, a municipal corporation
THIS AGREEMENT,made this ___ day of _______, 2013, by and between the City of Boise, a
municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as
"Owner", and URS Corporation, hereinafter referred to Consultant, a corporation organized under
the laws of the State of Nevada.
1. Scope of Services: Consultant shall perform all services, and comply in all respects, as described
herein for the consideration stipulated, and in compliance with State and City Codes. Contractdocuments consist of the following together with any amendments that may be agreed to in writing
by both parties:
Bid Proposal Liability Insurance & Automobile Liability Insurance
Contract Agreement Workers Compensation
Specifications Professional Liability Insurance (Errors and
Acknowledgement Omission)
Appendix A Federal Contracting Requirements
Appendix B Scope of Work
2. Time of Performance: All work and products described in the Scope of Services shall becompleted as per the agreed project schedule and within 18 months from the date hereof. The term
may be modified by mutual written agreement of the parties.
3. Indemnification and Insurance: Consultant shall indemnify and save and hold harmless City from
and for any and all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses to the extent caused or incurred by the negligence or willful misconduct of
Consultant, its servants, agents employees, guests, and business invitees, and not caused by or
arising out of the tortious conduct of City or its employees. In addition, Consultant shall maintain,
and specifically agrees that it will maintain, throughout the term of this Agreement, liability
insurance, in which the City shall be named an additional insured in the minimum amount as
specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limitsof insurance shall not be deemed a limitation of the covenants to indemnify and save and hold
harmless City. Consultant shall provide City with a Certificate of Insurance, or other proof of
insurance evidencing Consultant's compliance with the requirements of this paragraph and file such
proof of insurance with the City. In the event the insurance minimums are changed, Consultant shall
immediately submit proof of compliance with the changed limits.
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Consultant shall maintain automobile insurance with a limit of no less than $500,000 per occurrence
for owned, non-owned and hired vehicles. If Consultant has no owned motor vehicles, then hired
and non-owned motor vehicle liability coverage with limits not less than $500,000 per accident for
bodily injury and property damage is required. Where applicable, the City of Boise shall be named
as an additional insured.
Additionally, the Consultant shall have and maintain during the life of this contract, statutoryWorkers Compensation, regardless of the number of employees, or lack thereof, to be engaged in
work on the project under this agreement (including himself)in the statutory limits as required by
law. In case any such work is sublet, the Consultant shall require the sub-consultant to provide
Workers Compensation Insurance for himself and any/all the latter's employees. It is mutually
agreed and understood by the parties that the Consultant and the Consultants employees, agents,
servants, guests and business invitees, and are acting as independent Consultants and are in no way
employees of the City.
4. Errors and Omission: Consultant will maintain Professional Liability Insurance in the minimum
amount of $1,000,000 with a minimum of $1,000,000 per claim and $1,000,000 dollars aggregate.
Proof of all insurance shall be submitted to City of Boise, Purchasing Office,P.O. Box 500, Boise,
ID. 83701.
5. Independent Consultant: In all matters pertaining to this agreement, Consultant shall be acting as
an independent Consultant, and neither Consultant, nor any officer, employee or agent of Consultant
will be deemed an employee of City. The selection and designation of the personnel of the City in the
performance of this agreement shall be made by the City.
6. Compensation: As outlined in Appendix B, on a Time and material bases in the amount not to
exceed $375,741 includes direct reimbursable expense.
7. Method of Payment: Consultant will invoice the Public Works Department, P.O. Box 500, Boise,
Idaho 83701-0500, directly for all current amounts earned under this Agreement. Owner will pay all
invoices within forty five days after receipt.
8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise
stated in this agreement, shall be in writing and be deemed communicated when mailed in the United
States mail, certified, return receipt requested, addressed as follows:
City of Boise URS Corporation
Public Works Department 111 SW Columbia Ste. 1500
P. O. Box 500 Portland, Oregon 97201
Boise, Idaho 83701
Either party may change their address for the purpose of this paragraph by giving written notice of
such change to the other in the manner herein provided.
9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to
court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This
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provision shall be deemed to be a separate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement.
10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the
essence with respect to each and every term, condition and provision hereof, and that the failure to
timely perform any of the obligations hereunder shall constitute a breach of, and a default under, thisAgreement by the party so failing to perform.
11. Force Majeure: Any delays in or failure of performance by Consultant shall not constitute a
breach or default hereunder if and to the extent such delays or failures of performance are caused by
occurrences beyond the reasonable control of Consultant, including but not limited to, acts of God or
the public enemy; compliance with any order or request of any governmental authority; fires, floods,
explosion, accidents; riots, strikes or other concerted acts of workmen, whether direct or indirect; or
any causes, whether or not of the same class or kind as those specifically named above, which are not
within the reasonable control of Consultant. In the event that any event of force majeure as herein
defined occurs, Consultant shall be entitled to a reasonable extension of time for performance of its
Services under this Agreement.
12. Assignment: It is expressly agreed and understood by the parties hereto, that Consultant shall
not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement
except upon the prior express written consent of City.
13. Discrimination Prohibited: In performing the Services required herein, Consultant shall not
discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender
identity/expression, national origin or ancestry, age or physical disability.
14. Reports and Information: At such times and in such forms as the City may require, there shall
be furnished to the City such statements, records, reports, data and information as the City mayrequest pertaining to matters covered by this Agreement.
15. Audits and Inspections. Consultant shall retain records for a minimum of three years, or as is
otherwise required by law. Audit rights shall be given only to the extent that work is performed on a
time and materials basis. At any time during normal business hours and as often as the City may
deem necessary, there shall be made available to the City for examination all of Consultant's records
with respect to all matters covered by this Agreement. Consultant shall permit the City to audit,
examine, and make excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other data relating
to all matters covered by this Agreement.
16. Publication, Reproduction and Use of Material: No material produced in whole or in part under
this Agreement shall be subject to copyright in the United States or in any other country. The City
shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
17. Compliance with Laws: In performing the scope of services required hereunder, Consultant
shall comply with all applicable laws, ordinances, and codes of Federal, State, and local
governments. Consultant understands that this project may be funded with Federal Transit Authority
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resources and agrees to comply with all applicable provisions of the Federal Contracting Requirements for
Professional Services set forth in appendix A, attached hereto.
18. Changes: The City may, from time to time, request changes in the Scope of Services to be
performed hereunder. Such changes, including any increase or decrease in the amount of
Consultant's compensation, which are mutually agreed upon by and between the City and Consultant,
shall be incorporated in written amendments to this Agreement.
19. Termination for Cause: If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner its obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to
terminate this Agreement by giving written notice to Consultant of such termination and specifying
the effective date thereof at least fifteen (15) days before the effective date of such termination. In
such event, all finished or unfinished documents, data, maps, studies, surveys, drawings, models,
photographs and reports prepared by Consultant under this Agreement shall, at the option of the City,
become its property, and Consultant shall be entitled to receive just and equitable compensation for
any work satisfactorily complete hereunder.
Notwithstanding the above, Consultant shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of this Agreement by Consultant, and the City may
withhold any payments to Consultant for the purposes of set-off until such time as the exact amount
of damages due the City from Consultant is determined. This provision shall survive the termination
of this agreement and shall not relieve Consultant of its liability to the City for damages.
20. Termination for Convenience of City: The City may terminate this Agreement at any time by
giving at least fifteen (15) day notice in writing to the Consultant. If the Agreement is terminated by
the City as provided herein, Consultant will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total services of Consultant covered bythis Agreement, less payments of compensation previously made. If this Agreement is terminated
due to the fault of Consultant, Section 19 hereof relative to termination shall apply.
21. Consultant to Pay or Secure Taxes: The Consultant in consideration of securing the business
agrees: 1) To pay promptly when all taxes due (other than on real property), excises and license fees
due the state, its subdivisions, and municipal and quasi-municipal corporations therein, accrued or
accruing in accordance with conditions of this Agreement, whether or not the same shall be payable
at the end of such term; 2) That if said taxes, excises and license fees are not payable at the end of
said term, but l iability for the payment thereof exists, even though the same consti tute liens upon the
Consultant's property, to secure the same to the satisfaction of the respective officers charged with
the collection thereof; and that; 3) That, in the event of default in the payment or securing of suchtaxes, excises, and license fees, that Boise City may withhold from any payment due the Consultant
hereunder the estimated amount of such accrued taxes, excises and license fees for the benefit of all
taxing units to which said Consultant is liable.
22. Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding
will not affect the validity or enforceability of any other part of this Agreement so long as the
remainder of the Agreement is reasonably capable of completion.
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23. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral of written, whether previous to the execution
hereof or contemporaneous herewith.
24. Non-Appropriation: Should funding become not available, due to lack of appropriation, the City
may terminate this agreement upon 30 (thirty) day notice.
25. Applicable Law: This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of Boise.
26. Renewal: This agreement maybe renewed, by written agreement, for two (2) additional one
year terms, upon mutual agreement by both parties. The terms of the renewal may include an
equitable adjustment of fees to reflect inflation and may include changes in key personnel.
27. Approval Required: This Agreement shall not become effective or binding until approved by
the City of Boise.
END OF AGREEMENT
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APPENDIX A
FEDERAL CONTRACTING REQUIREMENTS FOR
PROFESSIONAL SERVICES
ARTICLE 1 - FEDERAL CONTRACTING REQUIREMENTS
1.1Disadvantaged Business Enterprises (DBA) Status. The CITY is required toseek
qualified, certified DBE firms for contracting and purchasing opportunities. The CITY encourages
such participation. Supplier shall make known to the CITY Suppliers status as a certified DBE.
Should DBE status, as defined under Federal regulations, be claimed by Supplier, Supplier agrees to
furnish written evidence of DBE certification from a governmental entity. Subsequent failure to
furnish such proof may be considered by the CITY as grounds for termination of this agreement.
When sub-agreements with other parties are required to fulfill the Scope of Work, Supplier agrees to
notify the CITY of these contract opportunities and to seek qualified DBE firms from the published
Idaho Transportation Department list (available from the CITY) to perform the work. Supplier will
notify the CITY of the dollar value of the sub-agreement and the DBE status of any subcontractor or
service provider. When DBE status is claimed for these subcontractors or service providers,Supplier shall provide the CITY of written proof of DBE certification.
1.2 Prompt Payment and Return of Retainage. Supplier agrees to pay each of its
subcontractors for satisfactory performance of its contract no later than 30 calendar days from the
receipt of each payment Supplier receives for that work from the CITY, and to return retainage
payments (if any) to each subcontractor within 30 calendar days after the subcontractor(s) work is
satisfactory completed. Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the CITY. This clause applies to
both DBE and non-DBE subcontractors. It is the responsibility of the subcontractors to notify the
CITY of any Suppliers noncompliance with the foregoing.
1.3 Incorporation of Federal Transit Administration (FTA) Terms.The provisions of this
Agreement include, in part, certain standard terms and conditions required by the United States
Department of Transportation (DOT), whether or not expressly set forth in the preceding
provisions of this Agreement. All contractual provisions required by DOT, as set forth in FTA C
4220.1F (Rev.3 February 15, 2011), 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. Supplier shall not perform any act, fail to perform
any act, or refuse to comply with any request by the CITY which would cause the CITY to be in
violation of the FTA terms and conditions.
1.4Federal Changes.Supplier shall at all times comply with all applicable FTA regulations,policies, procedures and directives, including without limitation those listed directly or by reference
in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from
time to time during the term of this Agreement. Supplier's failure to so comply shall constitute a
material breach of this Agreement.
1.5Civil RightsThe following requirements apply to this Agreement:In accordance with
Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the Age
Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with
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Disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, Supplier
agrees that it will not discriminate against any employee or applicant for employment because of
race, color, creed, national origin, sex, age, or disability. In addition, Supplier agrees to comply with
applicable Federal implementing regulations and other implementing requirements FTA may issue.
The following equal employment opportunity requirements apply to this Agreement:
Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, asamended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, Supplier 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," 41C.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 EmploymentOpportunity," 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders, regulations,
and Federal policies that may in the future affect activities undertaken in the course of providing the cervices
contracted for under this Agreement. Supplier agrees to take affirmative action to ensure that applicants areemployed, 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 orother forms of compensation; and selection for training, including apprenticeship. In addition, Supplier agrees
to comply with any implementing requirements FTA may issue.
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, Supplier agrees to refrain
from discrimination against present and prospective employees for reason of age. In addition,
Supplier agrees to comply with any implementing requirements FTA may issue.
Disabilities In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. 12112, Supplier agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal EmploymentProvisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment
of persons with disabilities. In addition, Supplier agrees to comply with any implementing
requirements FTA may issue.
Supplier 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.
1.6Program Fraud and False or Fraudulent Statements or Related Acts. Supplier
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. Part31, apply to its actions pertaining to the good and services to be provided under this Agreement.
Upon execution of this Agreement, Supplier 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 Agreement or
the FTA assisted project for which the work under this Agreement is being performed. In addition to
other penalties that may be applicable, Supplier 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 Supplier to the extent the Federal Government deems appropriate.
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Supplier also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected
with a project that is financed in whole or in part with Federal assistance originally awarded by FTA
under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of
18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on Supplier, to the extent the Federal Government
deems appropriate.
Supplier agrees to include the above two clauses in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
1.7No Obligation by the Federal Government. The CITY and Supplier acknowledge and
agree that, notwithstanding any concurrence by the Federal Government in or approval of the
solicitation or award of this Agreement, absent the express written consent by the Federal
Government, the Federal Government is not a party to this Agreement and shall not be subject to any
obligations or liabilities to the CITY, Supplier, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from this Agreement.
Supplier agrees to include the above 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.
1.8Federal Privacy Act Requirements. Supplier agrees to comply with, and assures the
compliance of its employees with, the information restrictions and other applicable requirements of
the Privacy Act of 1974, 5 U.S.C. 552a. Among other things, Supplier agrees to obtain the express
consent of the Federal Government before Supplier or its employees operate a system of records on
behalf of the Federal Government. Supplier understands that the requirements of the Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals
involved, and that failure to comply with the terms of the Privacy Act may result in termination ofthis Agreement.
Supplier also agrees to include these requirements in each subcontract to administer any system
of records on behalf of the Federal Government financed in whole or in part with Federal assistance
provided by FTA.
1.9Records Disclosure. Supplier agrees to provide the CITY, the FTA Administrator, the
Comptroller General of the United States or any of their authorized representatives access to any
books, documents, papers and records of Supplier which are directly pertinent to this Agreement for
the purposes of making audits, examinations, excerpts and transcriptions. Supplier also agrees,
pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representativesincluding any PMO Supplier access to Supplier's records and construction sites pertaining to a major
capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through
the programs described at 49 U.S.C. 5307, 5309 or 5311.
Supplier agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
Supplier agrees to maintain all books, records, accounts and reports required under this
Agreement for a period of not less than three years after the date of termination or expiration of this
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voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the Nonprocurement List issued by
U.S. General Service Administration.
Nothing contained in the foregoing shall be construed to require establishment of system of
records in order to render in good faith the certification required by this clause. The knowledge andinformation of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
Except for transactions authorized under Paragraph 5 above, if Supplier, as a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to all remedies available to the Federal Government, the CITY may pursue available
remedies including suspension and/or debarment.
3.0 Clean Water Act Supplier agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251et seq. Supplier agrees to report each violation to the CITY and understands and agrees that the
CITY will, in turn, report each violation as required to assure notification to FTA and the appropriate
EPA Regional Office.
Supplier also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
4.0 Clean Air Act. Supplier 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 . Supplier
agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn,
report each violation as required to assure notification to FTA and the appropriate EPA RegionalOffice.
Supplier also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
5.0 Lobbying Limitations and Certification. By executing this Agreement, Supplier
certifies that, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of Supplier, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress inconnection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, Supplier shall complete and submit Standard
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Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions (as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 [1/19/96]).
Supplier shall require that the language of this certification be included in the award documents
for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure
Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
6.0 Recycled Products. Supplier agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247
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Appendix B
SCOPE OF WORK
This Project will be led by the City of Boise Public Works Department (City). URS Corporation
(Consultant) has been selected to perform an Alternatives Analysis (AA) for the City consistent with
Federal Transit Administration (FTA) guidelines. Project Stakeholders include Valley RegionalTransit (VRT), Capital City Development Corporation (CCDC), Ada County Highway District
(ACHD), Boise State University (BSU), Community Planning Association of Southwest Idaho
(COMPASS) and the Idaho Transportation Department (ITD). In addition there are numerous
downtown business and community organizations and individuals with an interest in this project.
Significant work has been done in the past towards identifying transportation solutions in downtown
Boise. This study is intended to complement the previous studies, utilize past information to the
extent possible, and to ultimately achieve a locally preferred alternative that can be presented to the
FTA. Through this process, the Citys intent is to achieve a Locally Preferred Alternative (LPA) that
meets the needs and goals of the community.
The Consultant shall work with the City and Project Stakeholders to determine community goals and
opportunities, define the transportation problem, advance public involvement, and conduct a
financial analysis for the project in accordance with the Federal Transit Administration (FTA)
procedures for an AA using Section 5339 grant monies. The Consultant shall provide the necessary
professional engineers, planners, modelers, CADD/GIS operators, financial analysts, public
involvement specialists, and other staff and professional and technical skills, materials, supplies, and
other services, other than those specifically provided by the City or Project Stakeholders, required to
successfully complete this Scope of Work.
The contract will consist of the completion of the tasks as described herein. All tasks should befocused on developing a Locally Preferred Alternative (LPA) that would be competitive for future
federal funds. Refinement of tasks may occur as the contract progresses only through written
approval.
The goals of the Project include, but are not limited to:
Engage the community and analyze technical data to establish goals and define the Purpose
and Need.
Screen mode and alignment alternatives against evaluation criteria, with consideration of
environmental impacts, transit technology, operations, and the regional transit system.
Understand the financial possibilities and constraints of funding a transit project in the Study
Area and recommend a minimal operable segment accordingly.
Complete the AA per FTA requirements, adapting accordingly as additional guidance
regarding MAP-21 becomes available.
Identify alternatives that correlate with a future regional transportation system and can provide
benefit as a minimal operable segment.
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The Scope of Work includes the tasks listed below. For each task, detail is provided as to the nature
of and technical approach to developing, refining, evaluating, and selecting an LPA from the mode
and alignment alternatives.
General
This section of the Scope of Work is intended to capture expectations that may apply to all tasks.
For brevity, these general requirements are listed below.
Document Review
Review documents shall be delivered to the City in PDF format via email. The City shall be
responsible for circulation within the City and to Project Stakeholders and City will collect all
comments and provide the Consultant a single set of consolidated comments. Any context
necessary for the review of the document shall be provided in the PDF. A two week review time
shall be goal with each review.
All draft documents shall undergo a maximum of two reviews. Final documents shall take into
consideration all draft review comments. Any comments not incorporated shall be discussed and
resolved with the City prior to the completion of the final document.
Deliverables
All final deliverables shall be provided on a CD or DVD, as applicable, with all source files and
PDFs organized and sufficiently titled for ease of use.
Meetings
Meeting summaries are expected at key meetings and situations where direction is
provided/confirmed and/or action items are assigned. The Party responsible for the meeting
summary shall be determined at each meeting and if not discussed, the responsibility falls on the
Consultant. An email summary may suffice as a meeting summary and should be labeled as suchin the title. The City shall provide meeting space for internal meetings, steering committee
meetings and public meetings.
Task 1: Project Management
The Consultant Project Manager will provide overall direction and control for the work performed
for the City, and the overall performance of the Consultant team. Specific project management
responsibilities are shown below.
Staffing Coordination
The Consultant Project Manager shall monitor the Project schedule and to the extent possible,ensure staff assigned to the Project are available when needed including subconsultant staff.
Contract Management
The Consultant Project Manager shall be responsible for ensuring all work performed is
consistent with this Scope of Work. Any requests for work that is outside of this Scope of Work
shall be questioned and resolved through the Citys Project Manager prior to any out of scope
work being performed.
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Schedule
The Consultant Project Manager shall create a Project schedule identifying key meetings, review
times, deliverables, and approval timelines. Once established, the Consultant Project Manager
shall ensure adherence to the schedule and provide updates as necessary. The Consultant shall
notify the City if the City is not adhering to the schedule. Schedule updates shall be monthly as
needed.
Quality
The City recognizes the importance the Consultant places on the quality of any product delivered
to a client. Consistent with the commitments made in the proposal documents regarding quality,
the Consultant Project Manager shall ensure the Consultant team, including subconsultants, are
adhering to the URS Quality Assurance/Quality Control procedures. The City shall be provided
a copy of the latest URS QA/QC manual upon request.
Invoicing and Reporting
The consultant shall submit monthly invoices to the City for payment identifying hourly rates,
hours, and direct costs incurred by the consultant in performance of this contract during the
preceding accounting period. Also included in the invoice shall be a summary of workperformed, including any milestones and deliverables, a record of the total scope of work
completed (cost to date), and percentage of scope of work remaining (cost remaining).
Supporting documentation for costs contained in the invoice will be submitted with each invoice.
This applies to all subconsultants on the project.
Meetings
The Consultant will schedule and conduct team meetings every other week (in-person or
conference call). These meetings will include key City staff and consultant task leads or others
as determined necessary by the consultant project manager. Consultant Project Manager will be
available for a weekly coordination call/meeting with the City project manager. The Consultant
Project Manager shall anticipate being in Boise, as requested but no more than once per month
during the Project.
Records
The Consultant team shall maintain an ongoing Administrative Record, consistent with NEPA
requirements.
Project Kick-off Meeting
The Consultant Project Manager will coordinate with the Citys Project Manager to schedule a
Project Kick-Off meeting. The consultant will prepare an agenda that will describe how the
project team will address various aspects of the project including:
Project scope and budget
Schedule
Logistics
Communication
Public outreach methods
Committee/decision-making structure
Meetings /attendance
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Media relations
The consultant will prepare a meeting summary and begin a list of action items to be addressed
during regular management team meetings.
Task 1: Deliverables
Project Schedule
Monthly invoicing and progress reports
Regular Project Meetings agenda and meeting notes
Kick-Off Meeting agenda and meeting notes
URS Quality Manual upon request
Task 2: Macro Scoping and Preliminary Purpose and Need Discussion
Internal Meeting
Based on the studies previously conducted and the interest in focusing the study to ensure the endproduct will be an LPA that meets the Citys needs, the communitys needs and the local
stakeholders needs, the City will engage the Consultant in a half to full day macro level meeting.
The meeting will be collaborative and both the City and the Consultant will be responsible for
providing information at the meeting as identified below:
Review the past alignments, maintenance facility locations, level of study each received, and
the status of each (Consultant)
Discuss available funding, capital and O&M, for any Minimal Operable Segment (City)
Discuss regional transportation connectivity (Consultant/City)
Discuss preliminarily the Purpose and Need and what the FTA expects (Consultant) Review the Study Area boundary (City/Consultant)
Discuss decision making process (City)
MAP-21 vs SAFETEA-LU, when to seek FTA concurrence/approvals (Consultant)
Discuss Project roadmap from AA to Construction (Consultant)
The Consultant Project Manager and the Citys Project Manager will determine the attendees for the
meeting; will develop an agenda, the materials needed, and the timing of the meeting. The meeting
should occur as early in the Project as possible.
Charette
Following the internal meeting described above, the City will schedule a charette with the project
team and key stakeholders. The charette will be an opportunity to share information regarding
relevant City and other agency plans and policies and to provide accurate information regarding
previous technical work and findings.
The Consultant shall prepare a presentation providing background on the previous analyses of the
downtown circulator and the status of the proposals. The Consultant will also lead a discussion of
previously proposed funding strategies for the local portion of capital costs and operating and
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maintenance costs. The project team will seek the committees direction on potential funding
strategies to be developed through this AA. The project team will also seek the committees
endorsement of the AA project scope, particularly regarding the reliance on previous decisions to
pursue a north-south routing connecting downtown with the BSU campus.
Task 3: Public, Stakeholder & Agency Involvement
The City shall lead the public involvement efforts of the Project. The Consultant shall providestrategic support to the City in the development and execution of the public involvement activities.
The first step in the public involvement program will be to develop a Public Involvement Plan (PIP).
The Consultant shall be responsible for the development of the PIP working closely with the City.
The PIP will identify roles and responsibilities for both the City and the Consultant team and will
provide additional direction on the specific tasks to be completed by the Consultant within the
available budget. Direct expenses for public outreach (advertising, rental, equipment, lighting, sound,
etc.) shall be the responsibility of the City.
It is vital that the PIP for the AA be customized to fit the specific needs of Study Area stakeholders,
as well as meet the requirements outlined in the FTA process. The Project Teams approach will
integrate the community into this project to ensure the outcome is an asset to corridor users. The PIP
will be written within 30 days of notice to proceed. The focus of the plan will be to engage major
stakeholders early in the process to minimize project delays and additional costs associated with
reworking project elements due to stakeholder feedback. The PIP will include a plan to conduct one-
on-one meetings with approximately 20 key stakeholders and develop a public comment process for
the project that will allow the public, stakeholders, and agencies to have input on the Purpose and
Need and alternatives developed for the project. The Consultant will assist the City to prepare for
and implement the one-on-one meetings, but the meetings will be set up and attended by City staff.
Task 3: Deliverables
Draft and final Public Involvement Plan
Task 4: Purpose & Need/Goals & Objectives/Evaluation Criteria
The Consultant will provide a clearly developed project Purpose and Need Statement and Screening
Methodology. This will be achieved through review and enhancement of the original problem
statement, goals, objectives, and evaluation criteria established in previous studies. This task will
also refine the guidelines through which alternatives will be evaluated and will lead to the selection
of a locally preferred alternative.
Prepare Draft and Final Purpose and Need Statement
The Consultant will prepare a draft Purpose and Need Statement and submit it to the City forreview and comment. The Consultant will prepare the statement in a manner that is consistent
with statements for AA projects that have been approved by FTA for other, similar projects.
Following City review and concurrence from the project team, the Consultant will prepare a
final Purpose and Need Statement for submittal to FTA Region 10.
Draft and Final Goals and Objectives
Following FTA concurrence on the Purpose and Need Statement, the Consultant will prepare
draft goals and objectives that are consistent with and support the Purpose and Need. The
draft goals and objectives will be reviewed by the City and the project team and will be
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approved for release at public scoping meetings. Following input from the public and project
stakeholders, the Consultant will finalize the goals and objectives and present them to the
City and project team for approval.
Draft and Final Evaluation Criteria
Following the City and Project team concurrence on the draft goals and objectives, theConsultant will prepare draft quantitative and qualitative criteria that will provide for
comparing among the mode and alignment alternatives. The Consultant will ensure that the
criteria are measurable, appropriate and consistent with the state of the practice for transit
alternatives analyses. The draft evaluation criteria will be reviewed by the City and the
project team and will be approved for release at public scoping meetings. Following input
from the public and project stakeholders, the Consultant will finalize the evaluation criteria
and present them to the City and project team for approval. At a minimum, the evaluation
criteria shall include select environmental topics, economic development, traffic, ridership,
capital costs, O&M costs, and regional transportation connectivity.
Task 4: Assumptions All Task 2 deliverables will be combined into a single document
Task 4: Deliverables
Draft and final Purpose and Need Statement
Draft and Final Goals and Objectives
Draft and Final Evaluation Criteria
Task 5: Project Scoping
The FTA has shown a heightened interest in the NEPA scoping for this Project. The Consultant and
the City shall work collaboratively to meet the expectations of the FTA in Project Scoping. Thedetermination of whether the environmental work will proceed as an Environmental Assessment
(EA) or and Environmental Impact Statement (EIS) should be discussed and determined to the extent
possible. The protocols and steps followed for Project Scoping should be adjusted accordingly.
Draft Letter to FTA
Consultant will draft a letter for the City to send to FTA seeking concurrence that the
Alternatives Analysis will proceed under the National Environmental Policy Act (NEPA).
Consultant will assist the City in discussions with FTA regarding the appropriate timing for a
letter requesting entry into Project Development and whether this letter could also be used to
request entry into Project Development.
Agency Scoping Meeting
Consultant will coordinate a Scoping Meeting for the appropriate federal, state and local agencies
with potential interest in or jurisdiction over a downtown circulator project. This meeting will
provide an overview of the project, potential alternatives, evaluation criteria and decision-making
process.
Public Scoping Meeting
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Consultant will coordinate with the City to plan for public scoping meetings which will provide
an overview of the project, potential alternatives, evaluation criteria and decision-making
process.
Task 5: Assumptions
City will plan and organize all interactions with FTA
City will plan and organize the agency and public scoping meetings
Task 5: Deliverables
Draft letter to FTA seeking approval to begin study under NEPA
Support materials for scoping meetings
Task 6: Alignment and Mode Alternatives
Consultant will review and summarize with maps, graphics and text the downtown circulator
alignments that were developed and considered during the previous feasibility studies.
Consultant will coordinate with the City to confirm the alignments, or portions thereof, that meetthe Purpose and Need and are identified to be carried forward into the alternatives evaluation.
Alignment Alternatives
Consultant and the City shall identify a set of alignment alternatives that balance goals,
objectives, purpose, and need as developed in Task 4. The alternatives identified shall
utilize past alignment results to the extent possible and shall be limited to no more than five
alignments. The termini for all alternatives shall be resolved and identified at the meeting
described in Task 2. A termini for an LPA is not necessarily the termini for a minimal
operable segment (MOS).
Mode Alternatives
Bus Alternatives
Consultant will identify and assess currently available rubber-tired bus technologies that
could be considered for providing urban circulator service in downtown Boise. Bus
options will consider vehicle propulsion, size/capacity, external appearance, etc.
Consultant will provide examples of currently operating bus circulators. Consultant will
prepare a sketch-level, comparative analysis of bus options including connectivity to a
future regional rail or BRT system and operating costs.
Rail Transit Alternatives
Consultant will identify and assess currently available rail transit technologies that couldbe considered for providing urban circulator service in downtown Boise. Rail transit
options examined will include: modern streetcar, vintage streetcar and light rail.
Consultant will prepare a sketch-level, comparative analysis of rail transit options
including connectivity to a future regional rail or BRT system and operating costs.
Task 6: Assumptions
Modes to be considered in the study include a no-build alternative, bus alternative and a rail
alternative
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Task 6: Deliverables
Draft and final Definition of Alternatives Report
Task 7: Alternatives Evaluation
The Consultant shall evaluate the alternatives identified in Task 6 against the criteria establishedin Task 4.
Environmental
Consultant will prepare an inventory of potential environmental issue areas. This inventory
will build upon previous work prepared during the feasibility study and will make use of
recent environmental analysis prepared for the Multi-Modal Center. Environmental topic
areas that will be inventoried include: air quality, stormwater, noise, hazardous materials,
cultural resources (historic and archaeological), urban design and environmental justice
communities.
In addition to the inventory, the consultant will prepare a planning-level evaluation that will
describe potential impacts associated with the selected alignment and mode alternatives.
Economic Development
Consultant and the City will meet with developers, landowners and institutions along
potential alignments in order to understand how they view their development potential and
how the mode and/or alignments could influence those development decisions. Interviews
will also address barriers to and opportunities for economic development along the
alignments. Consultant will collaborate with the City, project team and FTA to develop a
methodology for measuring the economic development impact of various mode and
alignment choices. Based on that methodology, Consultant will identify and quantifyredevelopment projects, opportunity sites, job growth and housing demand in the project area
and will assess the relationship between the mode and alignment options and the economic
development potential. The analysis will also identify implementation strategies that may be
needed to complement the transit investment in order to activate economic development
opportunities.
Traffic
Consultant will work with ACHD, ITD and City to identify potential traffic issue areas
(hotspots) associated with the alignment alternatives. Consultant will build upon existing
Synchro models of downtown intersections and use those models to evaluate potential traffic
issue areas associated with the alignment and mode alternatives. This will be a planning-leveltraffic assessment that provides data on the viability of alignment and mode alternatives and
will not be a comprehensive traffic study.
Ridership
Consultant will coordinate with COMPASS and VRT to identify model and survey data that
is available and useful for assessing the ridership potential of a downtown circulator.
Ridership analysis will be prepared at two levels of detail, during the comparison of
alternatives phase, the ridership analysis will focus on measuring differences in ridership
potential of the various alignment and mode alternatives. In order to support the selection of
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LPA, the ridership analysis will be prepared at a higher level of detail and will evaluate and
compare the ridership for one build alternative and a No-Build alternative. FTAs new
STOPS model is currently being tested for similar projects and it may be the best tool to use
for the LPA ridership analysis.
Capital Costs
Once the alternatives are identified in Task 6, the Consultant and City shall identify analignment to be used as the base estimate alignment. The alignment selected should most
represent the average condition of all candidate alignments either by length, structures, or
disturbance. The estimate created shall follow the FTAs Standard Cost Categories. Once
the estimate is complete, a cost/mile shall be determined and applied to all candidate
alternatives. Utilizing cost data from other projects shall be done with discretion to avoid
utilizing cost information that is not applicable to a Boise project.
Once an LPA is identified, the cost estimate used to create a cost/mile shall be updated
accordingly.
Operating and Maintenance CostsThe Consultant will prepare operating and maintenance (O&M) cost estimates using a
spreadsheet model that includes data on round trip run times, number of vehicles, headways,
span of service, etc. The Consultant will present options to the project team regarding key
operating assumptions and the City will provide direction to the consultant. The operating
cost estimates will be prepared consistent with estimates prepared for other downtown
circulator projects and consistent with operating and maintenance costs for existing
ValleyRide bus services.
Other
The Consultant shall evaluate the alternatives consistent with any other evaluation categories
identified in Task 4 Evaluation Criteria, not already listed in this Task.
Task 7: Assumptions
City and VRT will provide the consultant with the most recent environmental inventories and
analyses available for downtown Boise, the Boise River and the BSU campus area.
City and will contact stakeholders and arrange meetings related to the economic development
analysis. Consultant will join the City at these meetings, as requested.
Synchro analysis previously prepared for the downtown area can be updated using the recent
up to date traffic volumes.
ACHD will provide support for and review of the traffic analysis COMPASS will collaborate
on the ridership analysis and will provide a limited amount of model output data
VRT will provide data on cost per revenue hour and span of service for existing bus services
Task 7: Deliverables
Draft and Final Alternatives Analysis Report
Draft and Final Alternatives Analysis Executive Summary
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Task 8: Finance Strategy
Inventory of Potential Capital Funding Sources
The consultant will prepare a list of potential funding mechanisms for the capital elements of
a downtown circulator. Consultant will identify capital funding sources used for similar
projects throughout the country and describe their applicability to Boise. Consultant will also
identify local and state resources that have been used for capital improvements in Idaho.
Consultant will also describe potential federal funding and grant opportunities, with a
particular emphasis on evolving requirements for Small Starts projects.
Inventory of Potential Operating and Maintenance Funding Sources
The consultant will coordinate with the City and VRT and will describe the current transit
operating funding system in the Treasure Valley. Consultant will identify operating funding
sources used for similar projects throughout the country and describe their applicability to
Boise. Consultant will describe what can be achieved within the existing political and legal
framework in Idaho and steps that would be required to expand the range of possible options
for operating funding.
Assess the Viability of Funding Sources
The consultant will assess how viable the range of capital and operating funding options
would be for the downtown circulator. Consultant will consider the political, financial and
legal requirements and limitations as evaluation criteria to screen potential tools for
applicability in Boise. Consultant will prepare order-of-magnitude estimates of the revenue
potential from priority funding tools in order to assess the ability to fully fund the local match
for the project and/or identify funding gaps. Consultant will also consider the bonding ability
and the timing requirements for applying for a federal Small Starts grant. This assessment
will identify issues encountered with the various funding sources in other jurisdictions.
Prepare Finance Strategy
Following the selection of the LPA (Task 7), the consultant will prepare a Finance Strategy
Technical Memorandum. This will describe a recommended funding strategy for the
downtown circulator and will describe the next steps required to pursue local and federal
funding.
Task 8: Assumptions
The feasibility study analysis of funding options will be made available for the URS team
Task 8: Deliverables Draft and Final Finance Strategy Technical Memorandum
Task 9: Develop Locally Preferred Alternative (LPA)
The Consultant will prepare a draft locally preferred alternative (LPA), and the associated draft and
final AA to accompany the recommendation. Following public review and meetings, a final LPA
will be indentified that specifies mode, alignment, stop locations, span of service, and service
frequency.
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A primary objective of this task will be to ensure that the draft LPA is specific enough to present to
elected officials, key stakeholders, and affected neighborhoods. The LPA must be detailed enough to
enable all stakeholders to understand the requirements for its implementation, with the ultimate goal
of obtaining FTA acceptance of the AA and resulting LPA.
Selecting the LPA
The Consultant will assist the City by supporting the decision-making process for selecting
the LPA. Support will include preparing maps, graphics and text that describe the alternatives
and summarize the technical analysis comparing the alternatives. Consultant will document
the rationale for the LPA selection and tie the LPA selection to the goals and objectives.
Refining and Finalizing the LPA
Following the selection of the LPA, the consultant will update the conceptual design to
reflect any modifications or issues identified during the LPA selection process. The
consultant will ensure that technical analysis reflects any final adjustments to the definition of
the LPA. The cost estimate prepared in Task 7 will be updated as stated.
LPA Report
Following the selection and refinement of the LPA, the consultant will prepare a draft and
final LPA Report that summarizes the study process, definition of alternatives, technical
analysis, decision-making process and rationale.
Task 9: Assumptions
City will manage the decision-making process leading to selection of the LPA
Task 9: Deliverables
Draft and Final LPA Report
Task 10: Miscellaneous Support
The Consultant shall provide maps, graphics, etc. in support of public meetings, meetings with
the FTA, and other situations as requested by the City within the available budget.