SECTION E
SPECIAL TERMS AND CONDITIONS
___________________________________________________
E.1
E.2
TERM OF CONTRACT
A.
The term of the Contract shall be for a period of twenty four (24) months
from the date set forth in the written Notice-To-Proceed (NTP).
B.
In the performance of this Contract, the Consultant shall comply with
ATTACHMENT U.2 – GENERAL TERMS AND CONDITIONS
included herein.
TYPE OF CONTRACT
This is an hourly not to exceed Contract.
E.3
PROJECT ADMINISTRATION
The VRE Project Manager will be the point of contact for all aspects of
the project. The VRE Project Manager will conduct ongoing reviews of
the Consultant’s progress in performing the work and will furnish
comments in a timely manner. All communications to other agencies shall
be through the VRE Project Manager, unless directed otherwise.
E.4
CONFORMITY WITH SCOPE OF WORK
All deviations from the scope of work/services, plans, and/or
specifications must be authorized in writing by VRE.
E.5
PRIME CONSULTANT RESPONSIBILITIES
A.
The Consultant shall be responsible for completely supervising and
directing the work under this Contract and all Subconsultants that it may
utilize, using the required skill and attention. Subconsultants who perform
work under this Contract shall be responsible to the prime Consultant.
RFP No. 016-021
Engineering and Environmental Services for the VRE
Penta-Platform Corridor Improvement Project
Virginia Railway Express
20
E.6
B.
During the period of performance, the Consultant shall not substitute key
personnel without the written approval of VRE. The Consultant shall
provide VRE with information as to the circumstances necessitating the
proposed change and other information as requested. Periodically, the
VRE Project Manager may request an updated list of personnel.
C.
The Consultant agrees that it is fully responsible for the acts and omissions
of its Subconsultants and of persons employed by the Subconsultant as it
is for the acts and omissions of its own employees.
D.
The Consultant shall coordinate the work on this Contract with VRE’s
ongoing operations and other activities performed by VRE or other
Contractors.
SUBCONTRACTING
A.
In the event the Consultant desires to subcontract part of the work
specified herein, the Consultant shall submit with the Proposal, a list of the
Subconsultants and their required certifications, qualifications, experience,
project assignment and contact information.
B.
During the period of performance, the Consultant shall not substitute
Subconsultants and/or the Subconsultants’ key personnel without prior
written approval of VRE. Any new Subconsultants must be identified as
per Paragraph A above. The Consultant shall provide VRE with
information as to the circumstances necessitating the proposed change and
other information as requested.
C.
Proposed substitutions must have comparable qualifications and
experience to those being replaced. VRE will notify in writing the
Consultant within ten (10) calendar days after the receipt of all required
information if this change is approved. VRE and the Consultant shall
subsequently amend the required Contract documents.
D.
VRE reserves the right to request from the Consultant during the
solicitation process and any time during Contract performance, additional
information about a Subconsultant proposed by the Consultant, that VRE
deems necessary to evaluate the qualifications of the Subconsultant.
E.
The Consultant shall, however, remain fully liable and responsible for the
work to be done by its Subconsultant(s) and shall assure compliance with
all requirements of the Contract.
F.
The volume of work performed by the Subconsultant(s) shall not exceed
forty-nine percent (49%) of the total Contract value.
RFP No. 016-021
Engineering and Environmental Services for the VRE
Penta-Platform Corridor Improvement Project
Virginia Railway Express
21
E.7
PERSONNEL
The Consultant shall assign a single point of contact that must be available
between the hours of 7:00 A.M. and 7:00 P.M. EST, Monday through
Friday, to address any critical issues that arise. The point of contact and all
other persons assigned to perform work on this Contract must be properly
educated and trained.
E.8
LITIGATION AND NOTIFICATION
The Consultant shall notify the VRE Manager of Purchasing and Contract
Administration if any of the following occur:
E.9
A.
The Consultant or any of the Subconsultants are served with a notice of
violation of any law, regulation, permit or license which relates to this
Contract;
B.
Proceedings are commenced which could lead to revocation of related
permits or licenses;
C.
Permits, licenses or other Government authorizations relating to this
Contract are revoked; or
D.
Litigation is commenced in which the Consultant is a named party and
which also involves as a named party, any Subconsultant of the Consultant
who is otherwise a provider of indirect services or products under this
Contract.
REGULATORY COMPLIANCE WITH LAWS AND PERMITS
The Consultant shall comply with all applicable Federal, State and Local
regulations. In addition to the requirements described in the preceding
Sections, any additional regulatory compliance required by the Federal
Transit Administration (FTA), Federal Railroad Administration (FRA)
and/or related State and Local Laws, Rules and Regulations shall be
complied with.
RFP No. 016-021
Engineering and Environmental Services for the VRE
Penta-Platform Corridor Improvement Project
Virginia Railway Express
22
E.10
LEGAL SERVICES
VRE legal services are provided by VRE's general counsel and counsel
retained directly by VRE. Absent written direction from VRE,
Consultants are not permitted to include on their team, or among their key
personnel, as Subconsultants or employees of the Consultant, law firms or
attorneys primarily engaged in the practice of law in any state regardless
of the qualifications of the firm or the attorneys. This policy does not
apply to individuals employed or subcontracted by Consultants who
possess a juris doctorate, but are not licensed to practice law in any state
or who are no longer engaged in the practice of law.
E.11
E.12
SAFETY RULES AND SECURITY AT VRE’S RAILROAD FACILITIES
A.
In the performance of this Contract, the Consultant shall comply with
ATTACHMENT U.3 – VRE SAFETY AND SECURITY
GUIDELINES included in this solicitation. In an emergency, the
Consultant shall act at its discretion to prevent threatened damage, injury
or loss.
B.
The Consultant is responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with this Contract. This
includes the Consultant’s employees and other persons who may be
affected thereby, as well as materials and equipment, both in storage and
on-site.
C.
Prior to the start of work, the Consultant shall prepare a safety and security
plan and submit it to VRE for review and approval within ten (10)
calendar days from the date set forth in the written Notice-To-Proceed.
D.
The Consultant and all its employees performing work on this Contract
must complete the online Contractor safety training provided by VRE at
http://www.vre.org/safety/safety-initiatives/contractors/.
Payment
of
employees for time spent completing the online safety training and any
expenses incurred is the sole responsibility of the Consultant and is not
eligible for reimbursement from VRE.
ROADWAY WORKER PROTECTION TRAINING
All personnel working within the CSXT right-of-way shall have taken the
49 CFR 214 Roadway Worker Protection (RWP) training program from a
CSXT-approved training provider before entering the CSXT right-of-way
for this project. VRE will schedule and pay for RWP training for the
Consultant’s personnel working within the CSXT right-of-way.
RFP No. 016-021
Engineering and Environmental Services for the VRE
Penta-Platform Corridor Improvement Project
Virginia Railway Express
23