attachment 1763

8/11/2019 Attachment 1763

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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.


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


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


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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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


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


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.

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Documents