HomeMy Public PortalAboutRES-CC-2015-09Resolution # 09-2015
A RESOLUTION APPROVING A LOCAL GOVERNMENT CONTRACT BY AND BETWEEN THE
CITY OF MOAB AND WCEC ENGINEERS INC. FOR THE LIONS PARK TRAIL & TRANSIT HUB
PROJECT, FOR PROJECT MANAGEMENT SERVICES
Whereas, the governing body of the City of Moab desires to enter into a contract with
WCEC Engineers Inc. to provide project management services for the Lions Park Trail &
Transit Hub Project pursuant to the Utah Department of Transportation's guidelines; and
Whereas, the Contract has been presented to this meeting of the City Council;
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY
ADOPT THE CONTRACT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING
OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE
AND DELIVER SAID AGREEMENT.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of Moab City in open session this
24th day of February, 2015.
CITY OF MOAB
By:
Attest:
doZtLto'cg
Rachel E. Stenta
City Recorder
I'lavid L. Sakrison
Mayor
Resolution #09-2015 Page 1 of 1
LOCAL ENTITY COPY
LOCAL GOVERNMENT CONTRACT
STATE OF UTAH
LOCAL GOVERNMENT
ENGINEERING SERVICES
2013-2016 LG POOL (DIRECT SELECT)
UNIT PRICE
CONTRACT NO.
EFFECTIVE DATE
TRACKING NO.
Project No.: F-LC19(14)
PIN Description: LIONS PARK TRAIL & TRANSIT HUB
FINET Prog No.: 5337113C
PIN No.: 9020
Work Discipline: Project Management
1. CONTRACTING PARTIES: This contract is between City of Moab, referred to as LOCAL AUTHORITY
and
W C E C Engineers Inc
9980 South 300 West Ste 200
Sandy, UT 84070
Legal Status of Consultant: For Profit Corporation
Fed ID No.: 86-1136352
referred to as CONSULTANT, and approved by the Utah Department of Transportation, referred to as
DEPARTMENT.
2. REASON FOR CONTRACT: The LOCAL AUTHORITY does not have sufficient qualified staff to
complete the work required in the suggested time frame and the CONSULTANT is professionally qualified
and willing to assist the LOCAL AUTHORITY with Project Management services as further described in
Attachment C.
3. PROJECT/CONTRACT PERIOD: The project/contract will terminate March 2, 2016, unless otherwise
extended or canceled in accordance with the terms and conditions of this contract.
4. CONTRACT COSTS: The CONSULTANT will be paid a maximum of $10,761.30 for costs authorized by
this Contract as further described in Attachment D.
5. ATTACHMENTS INCLUDED AS PART OF THIS CONTRACT:
Attachment A — Certification of Consultant and Local Authority
Attachment B — Standard Terms and Conditions
Attachment C — Services Provided by the Consultant
Attachment D — Fees
Attachment E — Insurance
The parties below hereto agree to abide by all the provisions of this contract. IN WITNESS WHEREOF, the
parties sign and cause this contract to be executed.
CONSULTANC E ineers Inc
By:
Title:
Printed N
Date
UTAH DEPARTMENT OF TRANSPORTATION
LOCA'AUTHORITY - City of Moab
1/
By:
Printed Nam J �' � � � ��� r3c N mar 4_ Date
Title:
GU-!•r
E - ARTMENT Comptroller's Office
By: 15 By:
Title: Engin r fpr, Preco truction Date Title: Contract Administrator
Date
Revised 8/20/2014
CERTIFICATION OF CONSULTANT
By signing this contract on behalf of the CONSULTANT, I hereby certify I am a duly authorized representative of
WC EC Engineers Inc and that neither I nor the above CONSULTANT I hereby represent has:
(a) employed or retained for commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure this contract,
(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out the contract, or
(c) paid, or agreed to pay to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out the contract; except
as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Utah Department of Transportation and the Federal
Highway Administration in connection with this contract involving participation of Federal -aid Highway Funds, and
is subject to applicable State and Federal laws, both criminal and civil.
CERTIFICATION OF LOCAL AUTHORITY
By signing this contract on behalf of the LOCAL AUTHORITY, I hereby certify I am the duly authorized
representative of City of Moab and that the above CONSULTANT or its representative has not been required,
directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract,
to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil.
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LOCAL GOVERNMENT
ENGINEERING SERVICES CONTRACT
STANDARD TERMS AND CONDITIONS
1. AUTHORITY: Provisions of this contract are pursuant to the authority set forth in Sections 27-12-21, 107
and 108; and 63-56 U.C.A. 1953, as amended, and the Utah State Procurement Regulations, which
authorizes the LOCAL AUTHORITY and/or the DEPARTMENT to make purchases in accordance with
said laws and regulations.
2. CONTRACT JURISDICTION AND COMPLIANCE WITH LAWS: The provisions of this contract shall be
governed by the laws of the State of Utah. Also, the CONSULTANT and those engaged by the
CONSULTANT shall comply with all Federal, State and local laws, regulations and other legally binding
requirements that pertain to the services provided under this contract. Proof of the CONSULTANT'S
compliance with licensing requirements shall be furnished to the LOCAL AUTHORITY and/or the
DEPARTMENT upon request.
3. RECORDS ADMINISTRATION: The CONSULTANT shall maintain all books, papers, documents,
accounting records and other evidence to support costs billed for under this contract. These records shall
be retained by the CONSULTANT for a period of at least four (4) years after the contract terminates, or
until all audits initiated within the four years have been completed, whichever is later. These records shall
be made available at all reasonable times during the four year period for audit and inspection by the
LOCAL AUTHORITY and/or the DEPARTMENT and other authorized State and Federal auditors. The
CONSULTANT'S records supporting the cost proposal shall also be retained and made available for
review by authorized Federal or State staff. Copies of requested records shall be furnished to the LOCAL
AUTHORITY and/or the DEPARTMENT upon request.
4. CONFLICT OF INTEREST: The CONSULTANT certifies that none of its officers or employees are
officers or employees of the State of Utah unless disclosure has been made in accordance with Section
67-16-8, U.C.A. 1953, as amended. The CONSULTANT certifies that no engineer, attorney, appraiser,
inspector, surveyor or survey crew, or other person performing services for the CONSULTANT has,
directly or indirectly, a financial or other personal interest, other than his employment or retention by the
LOCAL AUTHORITY and/or the DEPARTMENT, in any contract or subcontract in connection with this
project (Reference 23 CFR § 1.33). An example of this situation would be the CONSULTANT
subcontracts with the Contractor to perform survey work while contracted by the LOCAL AUTHORITY
and/or the DEPARTMENT to perform construction engineering management services for the same
project.
The CONSULTANT further warrants that it has no financial or other interest in the outcome of the work
performed under the contract. Examples of this situation would be a Consultant who owns land, options
to buy land, or some business enterprise that would be financially enhanced or diminished by any project
alternatives.
5. EMPLOYMENT OF DEPARTMENT EMPLOYEES: The CONSULTANT agrees not to engage in any
way the services on this contract of any present or former Utah Department of Transportation employee
who was involved as a decision maker in the selection or approval processes or who negotiated and/or
approved billings or contract modification for this contract.
6. CONSULTANT, AN INDEPENDENT CONTRACTOR: The CONSULTANT shall be an independent
contractor, and as such, shall have no authority, express or implied to bind the LOCAL AUTHORITY
and/or the DEPARTMENT to any agreement, settlement, liability, or understanding whatsoever; and
agrees not to perform any acts as agent for the LOCAL AUTHORITY, except as specifically authorized
and set forth herein. Persons employed by the LOCAL AUTHORITY and acting under the direction of the
LOCAL AUTHORITY shall not be deemed to be employees or agents of the CONSULTANT.
Compensation provided to the CONSULTANT herein shall be the total compensation payable hereunder
by the LOCAL AUTHORITY.
7. INDEMNITY - LIABILITY: The CONSULTANT shall hold harmless and indemnify the DEPARTMENT
and the LOCAL AUTHORITY, their officers, agents and employees from and against any and all claims,
suits and cost, including attorneys fees, for injury or damage of any kind to the extent arising out of the
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negligent acts, wrongful acts, errors, or omissions of the CONSULTANT, or its subconsultants when
acting within the scope of their subcontract, or their respective agents, employees or representatives.
The CONSULTANT is an independent contractor contracted with the LOCAL AUTHORITY and approved
by the DEPARTMENT. Any periodic plan and specification review or construction inspection performed
by the LOCAL AUTHORITY or DEPARTMENT arising out of the performance of the contract, does not
relieve the CONSULTANT of its duty in the performance ofthe contract, or ensure compliance with
customary standard of professional care.
8. SEPARABILITY: The declaration by any court, or other binding legal source, that any provision of this
contract is illegal and void and shall not affect the legality and enforceability of any other provision of this
contract, unless said provisions are mutually dependent.
9. LIABILITY INSURANCE: Services to be provided by the CONSULTANT under this contract are required
to be covered by insurance. The CONSULTANT shall furnish the LOCAL AUTHORITY and the
DEPARTMENT a Certificate of Insurance applying to this contract for each type of insurance required, to
be approved by the DEPARTMENT and the LOCAL AUTHORITY, before the CONSULTANT begins work
under this contract. The CONSULTANT'S insurer must be authorized to do business in Utah and must
meet the specified A.M. Best rating or better at the time this contract is executed. The following
insurance shall be maintained in force until all activities which are required by this contract or as changed
by contract modification are completed and accepted by the LOCAL AUTHORITY and the
DEPARTMENT:
(a) General Liability and Automobile Liability insurance with a limit of not less than $1,000,000 per
occurrence and not less than $2,000,000 aggregate and having an A.M. Best rating of A -class
VIII or better. The limit if different for this contract will be as designated in Attachment C to this
contract. If this coverage is written on a claims -made basis, the Certificate of Insurance shall so
indicate.
The CONSULTANT represents that as long as commercially available the insurance shall remain
in effect such that claims reported up to three (3) years beyond the date of substantial completion
of this contract are covered.
(b) Architect and/or Engineers Professional Liability (errors and omissions) insurance having an A.M.
Best rating of A -class VIII or better, is required at the coverage amount of $1,000,000 per claim
and $2,000,000 aggregate. If this coverage is written on a claims -made basis, the Certificate of
Insurance shall so indicate. The CONSULTANT represents that as long as commercially
available the insurance shall remain in effect such that claims reported up to three (3) years
beyond the date of substantial completion of this contract are covered (on construction contracts
or modifications for construction management th a insurance, shall remain in effect for one
(1) year after completion of the project).
(c) Valuable Papers & Records Coverage and/or Electronic Data Processing (Data and Media)
Coverage for the physical loss or destruction of the work product including drawings, plans,
specifications and electronic data and media. Such insurance shall be of a sufficient limit to
protect the CONSULTANT, its sub -consultants, the LOCAL AUTHORITY, and the
DEPARTMENT from the loss of said information.
(d) Aircraft Liability in the amount of $1,000,000 per occurrence if aircraft are utilized in connection
with this contract.
(e) The CONSULTANT shall provide evidence that his employees and sub -consultant employees are
covered by Workers Compensation. If they are covered by Workers Compensation Fund of Utah,
then the A.M. Best rating is not required in this area.
(0 The CONSULTANT shall require the insurance company that issues the Certificates of Insurance
for the evidence of the required insurance coverage to endeavor to provide the DEPARTMENT
and the LOCAL AUTHORITY with 30 days written notice in the event that coverage is canceled
before the policy expiration date stated in the Certificate. The CONSULTANT further agrees to
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provide the DEPARTMENT and the LOCAL AUTHORITY with 30 days written notice prior to
making an alternation or material change to the required insurance coverage.
Policies referred to in 9(a) and 9(d) above are required to be endorsed naming the LOCAL AUTHORITY,
UDOT, and the State of Utah as Additional Insureds and, on General Liability and Aircraft Liability,
indicate they are primary and not contributing coverage. All required policies, endorsements, insurance
companies issuing same, and self insured programs are subject to review and approval by the State of
Utah, Risk Manager.
10. HEALTH INSURANCE: The CONSULTANT agrees that if the CONSULTANT has an initial contract of
1.5 million dollars or more, or the contract and modifications are anticipated in good faith to exceed
1.5 million dollars, or the CONSULTANT has a subcontract at any tier that involves a sub -consultant that
has an initial subcontract of $750,000 or more, and/or the CONSULTANT has a subcontract at any tier
that is anticipated in good faith to exceed $750,000; hereby certifies the following.
The CONSULTANT and all applicable sub -consultants have and will maintain an offer of qualified health
insurance coverage for their employees, as defined in UCA Section 34A-2-104 for the employees who
live and/or work within the State of Utah, along with their dependents, during the duration of the contract.
Employee, for purposes of these requirements, shall be no broader than the use of the term employee for
purposes of State of Utah Workers' Compensation requirements.
The Executive Director or designee shall have the right to request a recertification by the CONSULTANT
by submitting a written request to the CONSULTANT, and the CONSULTANT shall so comply with the
written request within ten (10) working days of receipt of the written request; however, in no case may the
CONSULTANT be required to demonstrate such compliance more than twice in any 12-month period.
The CONSULTANT and all applicable sub -consultants will be subject to all applicable penalties. The
CONSULTANT will provide these same requirements in all applicable subcontracts at every tier.
11. PROGRESS: The CONSULTANT shall begin the work required by this contract within one week
following official notification by the DEPARTMENT to proceed. The CONSULTANT shall prosecute the
work diligently and to the satisfaction of the LOCAL AUTHORITY and the DEPARTMENT. If Federal
Funds are used on this contract the work will be subject to periodic review by the Federal Highway
Administration.
The CONSULTANT will prepare monthly progress reports following the format established by the LOCAL
AUTHORITY and the DEPARTMENT in sufficient detail to document the progress of the work and
support the monthly claim for payment. Payments will not be made without a supporting progress report.
In addition, the CONSULTANT will update the DEPARTMENT'S "electronic Program Management" (ePM)
system bi-weekly to reflect the status of the project.
Progress conferences will be held periodically. The CONSULTANT will prepare and present written
information and studies to the LOCAL AUTHORITY and the DEPARTMENT so it may evaluate the
features and progress of the work. Any one of the three parties may request a conference; to be held at
the office of any, or at a place designated by the LOCAL AUTHORITY or the DEPARTMENT. The
conferences shall also include inspection of the CONSULTANT'S services and work products when
requested by the LOCAL AUTHORITY or the DEPARTMENT.
The CONSULTANT will be required to perform such additional work as may be necessary to correct
errors caused by the CONSULTANT in the work required under the contract without undue delays and
without additional cost to the LOCAL AUTHORITY and the DEPARTMENT.
At any time the CONSULTANT determines the contract work cannot be completed within the specified
time or budget, the LOCAL AUTHORITY and the DEPARTMENT shall be immediately notified in writing.
The LOCAL AUTHORITY and the DEPARTMENT may, at their sole discretion, extend the contract by
written modification.
The LOCAL AUTHORITY or the DEPARTMENT may terminate this contract in accordance with
termination provisions of this contract including failure of the CONSULTANT to make satisfactory
progress of the contract work.
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Should the LOCAL AUTHORITY or the DEPARTMENT desire to suspend the work, but not terminate the
contract, this will be done by verbal notification followed by written confirmation from the LOCAL
AUTHORITY or the DEPARTMENT. The work may be reinstated upon 30 days advance written notice
from the LOCAL AUTHORITY or the DEPARTMENT.
Unless extended or terminated in writing, this contract will terminate on the expiration date, or at the end
of the specified calendar days.
12. REVIEW AND INSPECTION OF WORK: It is expressly understood and agreed that authorized
representatives of the LOCAL AUTHORITY, DEPARTMENT and, when Federal Funds are used, the
Federal Highway Administration shall have the right to review and inspect the work in process, and the
CONSULTANT'S facilities, at any time during normal business hours or by appointment.
13. NON DISCRIMINATION PROVISIONS: The CONSULTANT agrees to abide by the provisions of the
Utah Anti -discrimination Act, Title 34 Chapter 35 U.C.A. 1953, as amended, and Title VI and Title VII of
the Civil Rights Act of 1964 (42 USC 2000e), which prohibits discrimination against any employee or
applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, or
national origin; and further agrees to abide by Executive Order No. 11246 entitled "Equal Employment
Opportunity," as amended by Executive order 11375 and as supplemented in Department of Labor
Regulations (41 CFR Part 60), which prohibits discrimination on the basis of age; and Section 504 of the
Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap. The CONSULTANT
agrees to abide by Utah's Executive Order, dated June 30, 1989, which prohibits sexual harassment in
the work place. Sections 49 CFR 21 through Appendix H and 23 CFR 710.405(b) are applicable by
reference in all contracts and subcontracts financed in whole or in part with Federal -aid highway funds.
The CONSULTANT further agrees to furnish reports to the LOCAL AUTHORITY and/or the
DEPARTMENT upon request for the purpose of determining compliance with these statutes identified in
this section. The CONSULTANT shall comply with the Americans With Disabilities Act (ADA).
The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The CONSULTANT shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of federal -aid contracts. Failure by the CONSULTANT to
carry out these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as the DEPARTMENT deems appropriate. During the performance of
this contract, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows:
(a)
Compliance with Regulations: The CONSULTANT shall comply with the Regulation relative to
nondiscrimination in federally -assisted programs of the 49 CFR Part 21, and the 23 CFR Part 200
as they may be amended from time to time, (hereinafter referred to as the Regulations), which
are herein incorporated by reference and made a part of this contract.
(b) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, national origin, sex, age,
disability/handicap, and low income status in the selection and retention of subconsultants,
including procurements of materials and leases of equipment. The CONSULTANT shall not
participate either directly or indirectly in the discrimination prohibited by 49 CFR § 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
(c) Solicitations for Subconsultants, Including Procurements of Materials and Equipment: In
all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work
to be performed under a subcontract, including procurements of materials or leases of equipment,
each potential subconsultant or supplier shall be notified by the CONSULTANT of the
CONSULTANT's obligations under this contract and the Regulations relative to nondiscrimination
on the grounds of race, color, national origin, sex, age, disability/handicap, and low income
status.
(d) Information and Reports: The CONSULTANT shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
DEPARTMENT to be pertinent to ascertain compliance with such Regulations, orders and
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instructions. Where any information required of a CONSULTANT is in the exclusive possession
of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the
DEPARTMENT, and shall set forth what efforts it has made to obtain the information.
(e) Sanctions for Noncompliance: In the event of the CONSULTANT's noncompliance with the
nondiscrimination provisions of this contract, the DEPARTMENT shall impose such contract
sanctions as it may determine to be appropriate, including, but not limited to:
(1) withholding of payments to the CONSULTANT under the contract until the CONSULTANT
complies, and/or
(2) cancellation, termination or suspension of the contract, in whole or in part.
(t)
Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (a)
through (f) in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto.
The CONSULTANT shall take such action with respect to any subcontract. or procurement as the
DEPARTMENT may direct as a means of enforcing such provisions including sanctions for non-
compliance: Provided, however, in the event a CONSULTANT becomes involved in, or is threatened
with, litigation with a subconsultant or supplier as a result of such direction, the CONSULTANT may
request the DEPARTMENT to enter into such litigation to protect the interests of the DEPARTMENT, and,
in addition, the CONSULTANT may request the United States to enter into such litigation to protect the
interests of the United States. (Provision revised July 29, 2013.)
14. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS: The CONSULTANT agrees to abide by the requirements of 49 CFR Part 29. By signing this
contract the CONSULTANT certifies that to the best of their knowledge and belief that it or its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had civil
judgment against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under
a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or Local) with commission of any of the offenses enumerated in subparagraph
14(b) of this certification; and
(d) Have not within a three-year period preceding this contract had one or more public transactions
(Federal, State, or Local) terminated for cause or default.
Where the CONSULTANT is unable to certify to any of the statements in this certification, the
CONSULTANT shall attach an explanation to this contract. Exceptions will not necessarily result in denial
of award, but will be considered in determining CONSULTANT'S responsibility. Any exceptions noted
shall identify to whom it applies, the initiating agency, and dates of the action. Providing false information
may result in criminal prosecution or administrative sanctions.
15. CERTIFICATION OF COMPLIANCE ON LOBBYING RESTRICTIONS: The CONSULTANT agrees to
conform with the lobbying restrictions established by Section 319 of Public Law 101-121 (Department of
the Interior and Related Agencies Appropriations Act for Fiscal Year 1990) for contracts exceeding
$100,000 in Federal Funds. The CONSULTANT certifies, by signing this contract, to the best of their
knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
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Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of an y Federal contract,
grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal 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, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
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 Section 1352, Title 31, U.S. Code. 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.
The CONSULTANT also agrees by signing this contract that they shall require that the language of this
certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub -
recipients shall certify and disclose accordingly.
16. CERTIFICATION OF COMPLIANCE ON DRUG AND ALCOHOL TESTING: The CONSULTANT hereby
certifies by executing this Contract, that the CONSULTANT shall comply with all applicable provisions
of Rule 916-6 Drug and Alcohol Testing in State Construction Contracts and UCA Section 63G-6-604
throughout the term of this Contract. The CONSULTANT shall provide this requirement in its contracts
with subconsultants.
17. CONSULTANT COST CERTIFICATION: The CONSULTANT hereby certifies by executing this Contract,
that the CONSULTANT has previously submitted a CONSULTANT certification of final indirect costs in
accordance with the Federal Acquisition Regulations (FAR) cost principles as described in the FHWA
Order 4470.1A and in the DEPARTMENT Financial Screening Application.
18. OWNERSHIP OF DOCUMENTS: All tracings, plans, manuscripts, specifications, data, maps, etc.,
prepared or obtained by the CONSULTANT, as a result of working on this contract, shall be delivered to
and become the property of the LOCAL AUTHORITY. All documents and data pertaining to work
required by this contract shall be the property of the LOCAL AUTHORITY and shall be delivered to the
LOCAL AUTHORITY within 10 working days after termination of the contract, regardless of the reason for
termination; and without restriction or limitation on their further use. Costs of all the above items shall be
considered as included in the basic contract compensation for the work as described in ATTACHMENT C.
The CONSULTANT shall not be responsible for another party's application of information contained in the
contract documents to other projects, or for uses other than that for which the information was intended.
Should patentable discoveries or inventions result from work required by this contract, all rights to them
shall be the sole property of the CONSULTANT. Except, the CONSULTANT agrees to grant to the
United States Government and the State of Utah a non exclusive, non transferable, paid up, license to
use the discovery or invention. The CONSULTANT is permitted to copyright reports and other contract
products provided that the LOCAL AUTHORITY, the DEPARTMENT and the Federal Highway
Administration have a royalty free, non exclusive, irrevocable right to reproduce, publish, or otherwise use
and authorize others to use for governmental purposes.
19. ASSIGNMENT AND SUBCONTRACTING: The CONSULTANT shall not subcontract any of the work
required by this contract, or assign monies to be paid to the CONSULTANT hereunder, without the prior
written approval of the LOCAL AUTHORITY and/or the DEPARTMENT. The amount billed to the
DEPARTMENT for subcontractor costs shall be the same amount the CONSULTANT actually pays
subcontractor for services required by this contract. All payments made by the CONSULTANT to the
subcontractor for services required by this contract shall be subject to audit by the LOCAL AUTHORITY
and/or the DEPARTMENT. All subcontracts must include all the same terms and conditions and
provisions included in this contract. However, the prime CONSULTANT is responsible for ensuring that all
work performed by sub -consultants is insured under their insurance policy, or they require that the sub -
consultants meet the insurance provisions required under this contract.
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The CONSULTANT must perform work valued at not less than 60% of the total contract amount,
excluding specialized services, with its own staff. Specialized services are those services or items that
are not usually furnished by a consultant performing the particular type of service contained in this
contract.
20. PERSONNEL/STAFFING PLAN: Any change in personnel from that specifically identified in
Attachment C of this contract, must be approved by the DEPARTMENT through a modification to this
contract or a Contract Management System (CMS) Alternative Staff Transaction prior to any work being
performed by new personnel. Invoices submitted for payment with unauthorized personnel will not be
paid. (Provision revised July 29, 2013.)
21. DISPUTES: Claims for services, materials, or damages not clearly authorized by the contract, or not
ordered by the LOCAL AUTHORITY and the DEPARTMENT by prior written authorization, will not be
paid. The CONSULTANT shall notify the LOCAL AUTHORITY and the DEPARTMENT in writing, and
wait for written approval, before it begins work not previously authorized. If such notification and approval
is not given or the claim is not properly documented, the CONSULTANT shall not be paid the extra
compensation. Proper documentation alone shall not prove the validity of the claim. The parties agree to
use arbitration or mediation after exhausting applicable administrative reviews to resolve disputes arising
out of this contract where the sole relief sought is monetary damages $100,000 or less, exclusive of
interest and costs.
22. CLAIMS - DELAYS AND EXTENSIONS: The CONSULTANT agrees to proceed with the work
previously authorized by the contract, or in writing, continually and diligently, and will make no charges or
claims for extra compensation for delays or hindrances within its control during the progress of this
contract. The LOCAL AUTHORITY and the DEPARTMENT may allow an extension of time for the
contract, for a reasonable period as agreed by the parties, should a delay or hindrance occur. The
LOCAL AUTHORITY and/or the DEPARTMENT shall not waive any of its rights under the contract by
permitting the CONSULTANT to proceed with the contract after the established completion date.
23. CONSULTANT'S ENDORSEMENT ON PLANS, ETC.: The CONSULTANT (if a firm, the responsible
principal) is required to endorse and affix its seal to plans, reports, and engineering data furnished to the
LOCAL AUTHORITY and/or the DEPARTMENT under this contract.
24. CONTRACT MODIFICATIONS: This contract may be amended, modified, or supplemented, as it is
mutually agreed to by the parties by written contract modification, executed by the parties hereto and
attached to the original signed contract. If there is Federal funding as part of the revenue for this contract,
the Federal Highway Administration must approve all changes.
Claims for services furnished by CONSULTANT, not specifically authorized by this contract or by
appropriate modification, shall not be paid by the LOCAL AUTHORITY or the DEPARTMENT. When a
contract modification has been agreed to by the parties no claim for the extra work done or material
furnished shall be made by the CONSULTANT until the written modification has been fully executed. Any
verbal agreements not confirmed in writing are non -binding.
25. TERMINATION: This contract may be terminated as follows:
(a)
Mutual agreement of the parties; in writing and signed by the parties.
(b) By either party for failure of the other party to fulfill its obligations, as set forth with the provisions
of this contract and in particular with Attachment C, "Services Provided by the CONSULTANT" or
Section 40, "Duties of the DEPARTMENT". Reasonable allowances will be made for
circumstances beyond the control of the CONSULTANT and the LOCAL AUTHORITY or the
DEPARTMENT. Written notice of intent to terminate is required and shall specify the reasons
supporting termination.
(c) By the LOCAL AUTHORITY or the DEPARTMENT for the convenience of the State or the
LOCAL AUTHORITY upon written notice to the CONSULTANT.
(d) Upon satisfactory completion of required contract services.
Revised 2/12/14
Page B7 of 12
On termination of this contract all accounts and payments will be processed in accordance with contract
terms. An appraisal of the value of work performed to the date of termination shall be made to establish
the amount due to or from the CONSULTANT. If the contract fee type is Cost -Plus -Fixed -Fee -With -
Fixed -Total -Additive -Rate and the contract is terminated for reasons other than (d), the final fixed fee
amount will be paid in proportion to the percentage of work completed as reflected by the periodic
invoices as of the date of termination of the contract. Upon determining the final amount due the
CONSULTANT, or to be reimbursed by the CONSULTANT, in the manner stated above, the final
payment will be processed in order to close out the contract.
26. DESIGN/CONSTRUCTION: The CONSULTANT will utilize all current DEPARTMENT standards and be
responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings,
specifications, and other services furnished by the CONSULTANT under this contract. The
CONSULTANT will, without additional compensation, correct or revise any errors or omissions in its
design, drawings, specifications and other services. This contract may remain open for modifications for
any unforeseen work that may be deemed necessary by the DEPARTMENT going into the construction
phase to accommodate future work by the prime CONSULTANT or sub -consultant. CONSULTANT will
perform the services in accordance with the customary standard of professional care.
27. ELECTRONIC PLAN ROOM DOCUMENTATION: All consultants will be expected to adhere to the
current DEPARTMENT development standards on the web site. It is the CONSULTANTS responsibility
to provide all plans, specifications, surveys, and associated data in the DEPARTMENT acceptable
electronic formats on one or more CD's. All project data will be organized in the DEPARTMENT'S project
directory structure as specified in the DEPARTMENT'S current CADD Standards. It is the
CONSULTANT'S responsibility to be aware of all DEPARTMENT requirements and formats. The
DEPARTMENT CADD standards are available at the Engineering Technology Services (ETS) sub -page
of the DEPARTMENT website www.udot.utah.gov/ets.
Computer Aided Drafting and Design acceptable formats are as follows:
(a) Drafting: MicroStation Design format (.dgn) by Bentley Systems Inc., version 8.5 or higher.
(b) Civil Design: InRoads by Bentley Systems Inc. version 8.8 or higher acceptable formats are as
follows: Geometry files (.alg), Surface or digital terrain models (.dtm), Template libraries (.M, and
Roadway Designer files (.ird).
(c) Survey and Photogrammetry: InRoads Survey format (.fwd) by Bentley Systems Inc. version 8.8
or higher. Raw survey files will be in ASCII format, (point number, Northing, Easting, Elevation
and code). Survey points will be coded using the DEPARTMENT feature codes located in the
DEPARTMENT preference file (.xin) and Raster Images (aerial photos) will be in MicroStation
compatible formats. Design and Survey work will adhere to the DEPARTMENT CADD Standards
and "Mapping & Aerial Photogrammetry" Guide.
(d) Plotting: In order for the project to be published into the DEPARTMENT Electronic Plan Room
(EPR) system, the CONSULTANT will prepare a file to direct the DEPARTMENT's plotting
software, InterPlot, by Bentley Systems Inc. to produce the correct output. This is the InterPlot
Organizer's plot -set file (filename.ips). This file contains specifications for each sheet in the plan
set and controls the order and name of each sheet as they will appear in the EPR system.
Instructions for preparing this file can be found at the DEPARTMENT Engineering Technology
Services (ETS) website as stated above.
(e) Responsibility: Region Designers/Consultants, Action - When submitting electronic files for
advertising, Region or consultant designers must deliver to the DEPARTMENT the design files on
CD's in the established project directory structure. The following files must be included in the
submittal: 1) Major design files, including roadway design, structure, striping, signing, signals, and
profiles (Microstation format), 2) Existing topography and existing utilities (Microstation format),
3) Existing and proposed surfaces (dtm format), 4) InRoads alignments (alg), templates (it!),
roadway designer files (ird) and preference files (xin), 5) Configuration and resource files
including font and linestyle resource files.
Revised 2/12/14 Page B8 of 12
(fl
Placement: Action — Project data must be delivered to the DEPARTMENT on CD's in the
established project directory structure.
The CONSULTANT will be responsible for the accuracy of the translated data.
Technical and Standards support will be provided to the CONSULTANT through the Engineering
Technology Services Group of the Project Development Division at UDOT.
28. REQUIREMENTS FOR COMPUTER ELEMENTS: Hardware, firmware and/or software elements that
the CONSULTANT procures, furnishes, licenses, sells, integrates, creates and/or enhances for the
LOCAL AUTHORITY and the DEPARTMENT under this contract shall achieve the specific objectives
specified in the work plan. These elements shall be free of defects, or "bugs," that would prevent them
from achieving the objectives specified in the work plan.
Computer software and applications created and/or enhanced under this contract shall include as
deliverables; user instructions, program documentation, program listings, source code and executables in
specified compiled formatted files. The program documentation shall include flow charts and detailed
treatment of decision algorithms and their technical basis. Appropriate LOCAL AUTHORITY individuals
will review "user instructions" and "program documentation" for acceptability. Formal sign -offs will record
such events and be part of the project repository. Software development and operating system platforms
shall be approved by the LOCAL AUTHORITY and the DEPARTMENT and specified in the work plan.
Changes to these platforms shall only be allowed by written authorization by the LOCAL AUTHORITY
and the DEPARTMENT.
29. COST PRINCIPLES: Regardless of the funding source, the costs allowable for reimbursement will be
governed by the Federal Acquisition Regulations, Title 48, Part 31, as modified by Utah State law,
administrative rules, and regulations on contract provisions.
30. RIGHT OF WAY SUBMITTAL REQUIREMENTS: Submission of right of way acquisition packages are
required to follow the UDOT Right of Way ProjectVVise Naming Convention and Attributing Guide, as
amended, which is incorporated herein by this reference. The Guide may be found on the UDOT website
www.udot.utah.gov/go/rowprojectwiseguide. (Provision revised September 30, 2013.)
31. GOVERNMENT RECORDS AND ACCESS MANAGEMENT ACT: Pursuant to the Government Records
Access and Management Act, Title 63G, Chapter 2, Utah Code Annotated, the CONSULTANT
understands that if it believes that any records it submits to the DEPARTMENT and/or LOCAL
AUTHORITY should be considered confidential for business purposes under Utah Code Ann.
§63G-2-309, it must attach written notice of that opinion to the record when it first submits it. The
CONSULTANT understands that the DEPARTMENT and/or LOCAL AUTHORITY will not treat any such
record as confidential under Section 63G-2-309 absent such written notification. Additionally, the
CONSULTANT agrees that neither the State of Utah, the DEPARTMENT and/or LOCAL AUTHORITY,
nor any of their agents or employees are responsible for disclosure of any record that the CONSULTANT
considers confidential if either the State Records Committee or a court orders it released.
32. WORK ACCEPTANCE:
(a)
All work performed under this contract shall be performed in accordance with Standards,
Specifications, Manuals of Instruction, Policies and Procedures established by the
DEPARTMENT. All work shall be subject to the approval of the LOCAL AUTHORITY and the
DEPARTMENT through its designated representatives. When the work is Federally funded, the
LOCAL AUTHORITY and the DEPARTMENT will coordinate with the Federal Highway
Administration (FHWA) to obtain concurrence in the work.
(b) Reviews and Quality Assurance: All contracts require a quality control / quality assurance plan
and checklist. For design projects specifically, the CONSULTANT shall provide a project specific
QC/QA plan that meets or exceeds the DEPARTMENT'S standard QC/QA plan located on the
DEPARTMENT web page at www.udot.utah.gov/go/gcQa which is hereby incorporated by
reference into this contract. If the CONSULTANT elects to use its own QC/QA plan, that plan
shall, as a minimum, contain the requirements of the DEPARTMENT'S plan and be approved by
Revised 2/12/14
Page B9 of 12
the DEPARTMENT'S Project Manager. The CONSULTANT will meet all document retention
requirements and schedules. (Provision revised February 12, 2014.)
33. GENERAL CONTROL AND INSPECTIONS: The CONSULTANT shall be represented at progress
review meetings as may be scheduled by the LOCAL AUTHORITY and the DEPARTMENT. The
CONSULTANT shall accompany LOCAL AUTHORITY and the DEPARTMENT personnel and other
representatives on field inspections and at conferences as may be required.
34. IF THIS CONTRACT IS FOR DESIGN:
(a)
The design consultant will be retained to answer and clarify any questions on the design during
construction. The consultants will be required to include this task in their cost proposal. The
Construction Project Engineer will call on the CONSULTANT as he needs him. If the work
required from the CONSULTANT is due to errors in the design, the CONSULTANT will not be
reimbursed. To enhance the communication between the LOCAL AUTHORITY, the
DEPARTMENT and Consultants, the LOCAL AUTHORITY and the DEPARTMENT are requiring
that the CONSULTANT attend the following meetings: kickoff meeting, preconstruction meeting,
and the final inspection meeting. These meetings should be included in the detail work plan.
(b) If the project requires horizontal and vertical control to be established and/or identifying existing
surface features to develop a Digital Terrain Model (DTM) for the design of the project, the
CONSULTANT will follow the narrative in the Project Delivery Network for Task 1 B1 Develop
Base Mapping/Existing Surface on the UDOT website www.udot.utah.gov/go/odnpdn, which is
incorporated herein by this reference. (Provision revised September 30, 2013.)
35. IF THIS CONTRACT IS FOR CONSTRUCTION ENGINEERING MANAGEMENT:
(a) Construction Administration
Administration of any construction project delegated to the CONSULTANT. The CONSULTANT
will perform activities for Construction Administration as identified and defined in the UDOT
Construction Manual of Instruction. Deliverables and checklists for the project are based on
project specifications. The CONSULTANT is required to comply with DEPARTMENT partnering
requirements and oversee contractor participation. This includes but is not limited to attending
DEPARTMENT training, leading the partnering effort on the project along with the contractor,
participating in weekly updates on the partnering website, and monitoring and measuring
partnering on the project. The CONSULTANT is responsible for required documentation for any
item addressed in the project specifications and Construction contract. Items will include, but not
be limited to, Materials Testing, Materials Certifications, Change Orders, Project and Materials
Inspection, Civil Rights requirements, Engineer's Diary, Subcontracts, Payrolls, Meeting Minutes,
Project Scheduling and Process Review summaries.
(b) Materials Testing and Inspection
The CONSULTANT will perform materials testing and inspection in accordance with the
requirements of the project Construction contract. These requirements include the Materials
Acceptance and Independent Assurance Programs, as outlined in the UDOT Materials Manual of
Instruction (M01). The Materials Acceptance Program defines requirements for acceptance
testing and verification testing. The Independent Assurance Program defines requirements for
independent assurance testing, personnel qualifications and laboratory qualifications.
(c) Acceptance Testing/Inspection
Acceptance testing/inspection will be performed in accordance with the project specifications and
UDOT Minimum Sampling and Testing Requirements (MS&T). Minimum frequencies for
materials acceptance testing and inspection are defined in the UDOT MS&T and are the absolute
minimum for the identified materials, regardless of special provision requirements.
(d) Independent Assurance Testing
Requirements for Independent Assurance testing are outlined in the UDOT Materials MOI and
project level requirements will be performed and documented by the CONSULTANT at the project
level. Documentation will be provided for IA test results, personnel qualifications and laboratory
Revised 2/12/14
Page B10 of 12
qualifications. Documentation for personnel and laboratory qualification will be performed prior to
any sampling or testing being performed on the project.
(e) Project Inspection
Project Inspection is a combination of the presence of the CONSULTANT, and the documentation
of the project's daily activities. The CONSULTANT will perform inspection in accordance with
project specifications and documentation will include, at a minimum, Inspector's Daily Reports,
materials placement inspection reports, project diaries, measurement and payment information,
and project visual reviews for items such as traffic control placement and conformance, etc.
(0 Project Closeout
Project information obtained through contract administration, materials testing and project
inspection will be collated and reviewed by the CONSULTANT to assure that all of the necessary
documents are present to demonstrate compliance with the plans, specifications and
Construction contract. Closeout will be performed in accordance with the comprehensive
checklist in the UDOT Construction MOI and will include at a minimum, all C-106 forms, the
project C-196 form, all change orders and all administrative requirements, such as payrolls and
Civil Rights requirements.
(9)
The DEPARTMENT's Construction Manual of Instruction and Materials Manual of Instruction can
be obtained from Central Construction and Materials Division 801-965-4346 or available at the
sub -page of the DEPARTMENT website www.udot.utah.govlets.
36. INSPECTION OF INTELLIGENT TRANSPORTATION SYSTEMS (ITS) AND ELECTRICAL
CONSTRUCTION: In order to ensure complete impartiality in the performance of construction inspection,
any consultant engineering companies who are concurrently performing or bidding on ITS or electrical
construction work for the LOCAL AUTHORITY and/or DEPARTMENT will not be considered eligible to
perform construction inspection of ITS or electrical work on any projects as part of a consultant contract.
Consultants who are selected to do ITS or electrical construction inspection as part of a consultant
contract will be requested to affirm that they currently are not performing or bidding on any electrical or
ITS construction work for LOCAL AUTHORITY and/or DEPARTMENT and will not for the duration of the
relevant consulting contract.
For the purposes of this provision, ITS or electrical construction is defined as follows:
Work involving the installation or repair of underground electrical conduit, electrical cables, fiber-optic
cable, or any other construction work involving 120 volt (or greater) current for which an electrician's
license is required. Field work taking place inside an electrical cabinet, or involving low voltage detection
or data circuits, will not be considered ITS or electrical construction. Diagnosis, testing, calibration,
aiming, resplicing, or repair of low voltage detection circuits, fiber-optic cable, or detection equipment will
not be considered ITS or electrical construction.
Consultant engineering companies who also perform ITS or electrical construction work under contract to
LOCAL AUTHORITY and/or DEPARTMENT will be eligible to perform the following types of consulting
work, provided that the work is on completely different projects, with no possibility for conflict of interest:
design work, ITS system integration, software development.
37. NO THIRD PARTY BENEFICIARIES: The parties enter in to this contract for the sole benefit of the
parties, in exclusion of any third party, and no third party beneficiary is intended or created by the
execution of this contract.
38. COORDINATION WITH DEPARTMENT FUNCTIONAL MANAGERS: In order to ensure programmatic
consistency, if the project requires, the CONSULTANT will coordinate decisions with the Region and/or
Central Functional Managers in addition to the DEPARTMENT Project Manager. It is important for
consultants to seek input into decisions from the technical experts within the DEPARTMENT.
39. USE OF STATE SEAL AND UDOT LOGO: The CONSULTANT will not misrepresent their employees as
State of Utah employees. The CONSULTANT will not use the Utah State Seal or UDOT logo on business
cards for their employees nor use Utah or UDOT letterhead on correspondence signed by their
Revised 2/12/14
Page 811 of 12
employees with the following exception: the CONSULTANT may incorporate the UDOT logo on their
business cards stating, "In partnership with UDOT" in addition to the CONSULTANT'S own logo. The
CONSULTANT may prepare correspondence for the approval and signature of appropriate State of Utah
employees.
40. DUTIES OF THE LOCAL AUTHORITY AND THE DEPARTMENT:
(a) Guarantee Access: The LOCAL AUTHORITY and/or the DEPARTMENT shall guarantee access
to and make all provisions for the CONSULTANT to enter upon all lands, both public and private
which in the judgment of the parties hereto are necessary to carry out such work as may be
required.
(b) Prompt Consideration: The LOCAL AUTHORITY and the DEPARTMENT shall give prompt
consideration to all reports, plans, proposals and other documents presented by the
CONSULTANT.
(c) Documents: The DEPARTMENT shall furnish Standards, Specifications, Manuals of Instruction,
Policies and Procedures, and other available information, including any material previously
prepared for this work. Specific materials related to this contract that will be furnished by the
LOCAL AUTHORITY and the DEPARTMENT.
(d) Services: The LOCAL AUTHORITY and the DEPARTMENT will perform standard services
relating to this contract.
Revised 2/12/14
Page B12 of 12
SERVICES PROVIDED BY THE CONSULTANT
1. SCOPE SUMMARY:
UDOT Staff Augmentation of Project Management Duties including attending team meetings, pre -
construction and post construction meetings. General management duties that include decisions with
Scope, schedule and budget. PM will process any change orders and review construction estimates.
Will insure project is closed -out.
2. SCOPE DOCUMENTS:
Following are the scope items contained in this attachment pages 2 through 8:
(a) Approval Memo
(b) Executive Summary
(c) Detailed Work Plan
(d) Personnel/Staffing Plan
(e) Schedule
(1) Completion: All work shall begin within seven (7) days of notice to proceed and shall be
completed by March 2, 2016.
(2) Project/Contract Period: The project/contract will terminate March 2, 2016, unless
otherwise extended or canceled in accordance with the terms and conditions of this
contract. If additional time is required beyond the project completion date, the
CONSULTANT shall submit a "Contract Time Extension Modification" to the LOCAL
AUTHORITY and the DEPARTMENT'S Project Manager for approval and processing.
Revised 1/25/12
Page C1 of 8
PO\ 41.11111111
UDOT Consultant Services
Contract Approval Memo
Memo Printed on: February 9, 2015 6:24 AM
FR.•ti �•h� w.r
43:7190 Kocriny Utah Moving
PM Approval Date: February 2, 2015 UDOT PM: Kirk Thornock
The Project Manager has reviewed and approved the contract/modification documents: Executive Summary, Work Plan, QC/QA Plan and Checklist,
Staffing Plan, Work Schedule, and Cost Proposal.
PROJECT INFORMATION
PIN: 9020
Project No.: F-LC19(14)
Job/Proj: 5337113C
PIN Description: LIONS PARK TRAIL & TRANSIT HUB
CONTRACT INFORMATION
CS Admin: Cali P. Bastow
Contract No.: New Project Management for Construction and Close Out Phases
Mod No.:
Expiration Date: March 2, 2016
Contract/Mod Amount: S10,761.30
Fee Type: UNIT PRICE
Selection Method: POOL - GE / LG (DIRECT SELECT)
Period: 2013-2016 GE / LG
Phase: CONSTRUCTION ENGINEERING
Discipline: PROJECT MANAGEMENT
CONTACTS
Consultant Local Government
W C E C ENGINEERS INC
Rustin E Anderson
9980 SOUTH 300 WEST STE 200
SANDY, UT 84070
City of Moab
Eric Johanson
217 E. CENTER
MOAB, UT 84532
(435) 259-4941
EJOHANSON @MOABCITY.(
Attachment C _ of
s
UDOT Consultant Services
Local Government Approval Memo
Memo Printed on: February 3, 2015 5:52 AM
PROJECT INFORMATION
PIN:
Project No.:
Job/Prof:
PIN Description:
CONTRACT INFORMATION
CS Admin:
Contract No.:
Mod No.:
Expiration Date:
Contract/Mod Amount:
Cumulative Amount:
Fee Type:
Selection Method:
Period:
Phase:
Discipline:
CONTACTS
9020
F-LC19(14)
LIONS PARK TRAIL & TRANSIT HUB
Cali P. Bestow
New Project Management for Construction and Close Out Phases
March 2 2016
$10,761 30
$10.761 30
UNIT PRICE
POOL - GE / LG (DIRECT SELECT)
2013-2016 GE / LG
CONSTRUCTION ENGINEERING
PROJECT MANAGEMENT
Consultant
W C E C ENGINEERS INC
Rustin E Anderson
9980 SOUTH 300 WEST STE 200
SANDY, UT 84070
Local Government
City of Moab
Eric Johanson
217 E. CENTER
MOAB, UT 84532
(435)979-4557 (435) 259-4941
rustin@wcecengineers.com EJOHANSON@MOABCITY.ORG
I am aware of and approve the scope, schedule and budget as negotlatled by the Consultant for this
contract and presented by the UDOT PM Kirk Thornock. I acknowledge UDOT has limits for Pool
Contracts. The limit for this contract Is $150,000.00 for the ilfe of the contract, including any and all
future modifications.
L ment Signature
a - (/ - /sue
Date
Attachment C 3 of
g
UDOT Executive Summary
Contract Number:
NEW
Mod:
W C E C ENGINEERS INC
Prime
Project Number:
F-LC19(14)
PIN:
9020
UDOT Primary Contact:
Kirk Thornock
PIN Description:
LIONS PARK TRAIL & TRANSIT HUB
Brief Description
Provide Project Management services for the construction and close out phases of the Lions Park Trail & Transit Hub project.
Project Team
WCEC Engineers.
Assumptions
DFCM will administer and oversee the project construction and schedule.
Phasing
No phasing is anticipated.
Fee Type
The fee type is unit price.
Attachment C of
--- —
UDOT Work Plan
Contract Number:
NEW
Mod:
W C E C ENGINEERS INC
Prime
Project Number:
F-LC19(14)
PIN:
9020
UDOT Primary Contact:
Kirk Thornock
PIN Description:
LIONS PARK TRAIL & TRANSIT HUB
Activity: X001
Attend Team Meetings
1. Attend and assist DFCM and Moab City with coordination of project related meetings.
Activity: X002
General Management
1. Assist DFCM in overseeing construction contract administrative function for scope, schedule, and budget.
2. Assist in providing consistency and continuity between preconstruction and construction phases.
3. Assist DFCM in resolution of problems.
Activity: X003
Change Orders
1. Assist DFCM and Moab City in assessing contract change orders as required.
Activity: X004
Project Close Out
1. Facilitate the close out of project documents in UDOT's systems once DFCM has closed the project through their processes
and systems.
Activity: X005
Billing
1. Prepare, process, and submit contract billings and payment requests to UDOT.
2. Perform cost accounting and track contract budget.
Attachment C 6- of g_
UDOT Staffing Plan
Contract Number: NEW
Mod:
W C E C ENGINEERS INC
Project Number:
F-LC19(14)
PIN:
9020 UDOT Primary Contact:
Kirk Thomock
PIN Description:.
LIONS PARK TRAIL & TRANSIT HUB
Employee Name
Contract Job Title
Education/Certiflcation
License Number
Hours
ANDERSON, RUSTIN
PROJECT MANAGER
B.S.
UT-4939020-2202
68
BRAINARD, LORI
ADMINISTRATIVE ASSISTANT
BS
8
Total Hours for W C E C ENGINEERS INC:
76
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0
�02/09/2015 06:25 AM
i
Current
Rate
$11.35
$11.35
Proposal
Rate
Approval
Date
Prime
$135.00
NTP
$100.00
NTP
Page 1/1
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0
PROJECT SCHEDULE
UDOT Project Manager: Kirk Thomock
PIN No.: 9020
Project No.: F-LC19(14)
Project Name: Lions Park Trail 6 Transit Hub
January 30, 2015
Activities
PROJECT SCHEDULE
February - 15 March -15 I April -15 I May -15 June -15 1 July -15
I August -15 (September -11 October -15 November-15IDecember Al January -16 I February -16
Activities
X001 -5
X001
X002
X003
X004
X005
I
(Attend Team Meetings
General Management
Change Orders
i Project Close Out
'Billing
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UDOT Engineering Services Contracts
Consultants Acting as UDOT Project Manager
Conflict -of -Interest and Confidentiality Certification
1, Oaf/ iXie e?(-/(Individual) with t tC 6416W (Firm), have been retained
by the Utah Department of Transportation ("UDOT") to perform project management services for the
Department.
Neither my firm nor I have:
• Any financial or other interest in the outcome of any project I will be managing.
• Any agreement, enforceable promise, or guarantee to provide any future work on any project I
will be managing.
• Associations or professional or business relationships with anyone who has a financial
interest in the outcome of any of the projects I will be managing.
• No one with a financial interest in the outcome of projects I will be managing exercises any
control over my employment, pay, bonuses, or any other area subject to external influence.
In the performance of my duties I will:
• Represent UDOT in an equitable, ethical, and unbiased manner.
• Disclose potential conflicts -of -interest to the UDOT Program Manager.
• Document and work with UDOT Program Manager, in cases of potential conflicts -of -interest,
to work out a course of action to alleviate a potential conflict -of -interest.
• Work under the direction of the UDOT Program Manager.
• Maintain the confidentiality of all related information to which I gain access as a result of my
job or assignment, including but not limited to any UDOT written documents, electronic
documents, discussions, comments or meetings that are of a sensitive or confidential nature,
even from my employer.
• Refer anyone requesting information relevant to confidential information to the appropriate
UDOT division.
• Disclose and discuss with the UDOT Program Manager for this contract in the event there are
any activities which could interfere with the ethical performance of my duties.
• Not select consultants on behalf of UDOT but may assist the UDOT Program Manager in
contract negotiations with other consultants.
I will not:
• Access information unless required to do so for the performance of my assignment.
• Inappropriately disclose any information gained
• Use my assignment to influence selection of other consultants.
• Allow others access to UDOT systems granted to me as a Consultant UDOT Project Manager
I understand my access to UDOT systems will be audited and I understand any violation of this
Certification will result in termination of all my firm's prof man eoert contr cts.
By: 47)-P4 � . 7-? '
(lndiekr" G�
1 �1
Approved by:
[Authorized Consultant Offi ignature)]
i rn (a.y(0r
[Authorized Consultant Officer (Print Name)]
1i\,1 GEC.ef t nea+cs, inc..
[Consulting Firm Nam
Q
Date' 9 Jti 1 U j( 11
Attachment C of
FEES
UNIT PRICE
1. UNIT PRICE: For all services and materials pertinent hereto and/or specifically described herein, except
as otherwise explicitly cited, the LOCAL AUTHORITY agrees to pay the CONSULTANT for the work
performed at the unit prices reviewed and approved by the LOCAL AUTHORITY and the
DEPARTMENT'S Project Manager. Unit Prices include Direct Labor Expenses, Payroll Additives, Indirect
Expenses, and Direct Non -salary Expenses and Profit.
The costs included in the Unit Price have been reviewed and limited to the costs which are allowable
under the Federal Acquisition Regulations contained in Title 48 CFR, Part 31 as modified by Utah State
law, administrative rules, regulations, or contract provisions.
Guest meals (meals paid by a Consultant or Consultant's employee for someone other than his/her self
shall NOT be reimbursed unless previously approved in writing by the DEPARTMENT'S Project Manager
and the LOCAL AUTHORITY.
2. MODIFICATIONS: In the event the LOCAL AUTHORITY requires changes of services which materially
affect the scope of work or work plan, with a resulting material increase in cost to the CONSULTANT, a
contract modification for additional compensation and time for completion shall be entered into by the
parties hereto prior to making such change. Any such work done without prior agreement shall be
deemed not covered in the compensation and time herein provided.
3. PROGRESS PAYMENTS: Progress payments are based upon the approved completed units and are
made pursuant to certified invoices received.
4. INVOICES: The CONSULTANT will submit monthly payment requests promptly and no later than
45 calendar days after each monthly billing cycle. Invoices are to reflect charges as they apply to the
appropriate contract, project, and account number, and must be properly certified and executed by an
official legally authorized to bind the firm. The invoice must be substantiated with appropriate supporting
documentation such as time sheets, labor reports, or cost accounting system print-out of employee time,
receipts for direct expenses, and subconsultant invoices and supporting documentation that is reviewed
and approved by the DEPARTMENT'S Project Manager and subject to final approval by the
DEPARTMENT'S Comptroller's Office.
Payment requests for services performed on or before the last day of the Utah fiscal year (June 30), must
be submitted no later than 30 calendar days after the billing cycle, see Utah Code Ann. § 63J-1-601.
The CONSULTANT acknowledges untimely billing may adversely affect the LOCAL AUTHORITY and
DEPARTMENT due to federal funding requirements in 49 CFR § 18.23, and/or the state fiscal constraints
imposed upon it as a department of state government by Title 63J, Chapter 1, Budgetary Procedures Act.
The CONSULTANT waives payment, and waives the right to bring action in law or in equity to recover
payment for services, for any and all payment requests the DEPARTMENT does not receive from the
CONSULTANT within the timeframe provided under this contract. (Provision revised June 27, 2012.)
5. FINAL PAYMENT: Final invoice payment will be released only after a project evaluation form has been
completed, all materials and services associated with this contract have been reviewed and approved by
the LOCAL AUTHORITY and the DEPARTMENT'S Project Manager and finalized by the
DEPARTMENT'S Comptroller's Office.
The DEPARTMENT'S Project Managers and the DEPARTMENT'S Comptroller's Office have the right to
hold the final invoice payment on certain projects when design and construction are performed by two
separate Consultants or if there is a potential possibility of a design or construction error. The
DEPARTMENT Comptroller's Office also has the right to hold the final invoice payment until the final audit
is complete upon the request of the DEPARTMENT Project Manager.
6. FINANCIAL SUMMARY: The total maximum amount of disbursement pertinent to this contract is
$10,761.30. Contract overruns will not be paid.
Revised 6/27/12
Page D1 of 5
7. COST PROPOSAL: The Cost Proposal prepared by the CONSULTANT and reviewed and approved by
the LOCAL AUTHORITY and the DEPARTMENT'S Project Manager can be found in Attachment D,
pages 2 through 5.
The Unit Price rates shown in the CONSULTANT'S Cost Proposal were negotiated and agreed upon by
both parties of this contract. The CONSULTANT will invoice the DEPARTMENT using the negotiated unit
price rates agreed upon and shown in the CONSULTANT Cost Proposal. These unit rates will be fixed
for the period of this contract. Any changes must be approved by the LOCAL AUTHORITY and the
DEPARTMENT and by written contract modification.
Revised 6/27/12
Page D2 of 5
W C E C ENGINEERS INC
Prime
U DOT Cost Proposal
Contract Number:
NEW
Mod:
Project Number:
F-LC19(14)
PIN:
9020
UDOT Primary Contact:
Kirk Thornock
PIN Description:
Labor Costs
Employee Name
Contract Job Title
Hours
Proposal Rate
Labor Cost
ANDERSON, RUSTIN
PROJECT MANAGER
68
$135.00
$9,180.00
BRAINARD, LORI
ADMINISTRATIVE ASSISTANT
8
$100.00
$800.00
Total Hours:
76
Total Direct Labor:
$9,980.00
Other Direct Charges
ODC Item
Unit of Measure
Qty
Item Cost
,
Extended Cost
PERSONAL MILEAGE JAN 2015
MILE
1,044.0
$.575
$600.30
PER DIEM
UNIT
2.0
$46.000
$92.00
8.5 X 11 BW
EACH
50.0
$.100
$5.00
HOTEL -VARIOUS AREAS+TAX
UNIT
1.0
$84.000
$84.00
Total Other Direct Charges:
$781.30
Total Contract Cost:
$10,761.30
02/09/2015 06:25 AM
Attachment D 3 of 5
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W C E C ENGINEERS INC
Prime
UDOT Hours Derivation
Contract Number:
NEW
Mod:
Project Number:
F-LC19(14)
PIN:
9020
UDOT Primary Contact:
Kirk Thornock
PIN Description:
X001
X002
X003
X004
X005
Total
Activity Totals:
20
28
4
12
12
76
X001
X002
X003
X004
X005
Total
Transaction Activity
Totals:
20
28
4
12
12
76
q.UaUlq0P441t
d
0
h
02/ ?^95 06:25 AM
Page 2/2
Insurance
As stated in Attachment B - Standard Terms and Conditions, services to be provided by the CONSULTANT under
this contract are required to be covered by insurance. Insurance shall be maintained in force until all activities
which are required by this contract or as changed by contract modification are completed and accepted by the
DEPARTMENT.
Insurance
Waived
Expiration
Date
Insurance Carrier
Policy Number
Each
Occurrence
Limit
General
Aggregate
Limit
Additional
Endorsement
AUTOMOBILE LIABILITY
N
8/22/2015
AUTO OWNERS
4876137801
$1,000,000
$0
N
GENERAL LIABILITY
N
8/22/2015
AUTO OWNERS
4876137800
$1,000,000
$2,000,000
Y
PROFESSIONAL LIABILITY
N
8/22/2015
HISCOX
INSURANCE
ANE1 196282.14
$1,000,000
$2,000,000
N
WORKERS
COMPENSATION
N
3/1/2015
AMERICAN
ZURICH
INSURANCE CO
WC-55-35-495-01
$1,000,000
$0
N
Revised 4/23/2014
Page E1 of 1