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PART I SCHEDULE
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PART I SCHEDULE

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  • 1. PART I SCHEDULE ________________________________________________________________________ SECTION TITLE A Purpose/Background B Special Terms and Conditions C Insurance Requirements D Bond Requirements E Invoicing 3 RFP No. 08-006 Construction Engineering and Inspection Services for the Purchase and Manufacture of Locomotives
  • 2. SECTION A PURPOSE/BACKGROUND ______________________________________________________________________ A.1 PURPOSE A. The purpose and intent of this Request for Proposals (RFP) is to provide Virginia Railway Express (VRE) the services of a qualified Consultant to act under the general direction of VRE’s Project Manager to assist in the overall management of the manufacture, delivery and warranty of up to 20 new passenger rail locomotives (herein referred to as the “Project”), pursuant to the provisions of VRE’s Request for Proposals No. 08-004. See the General Terms and Conditions included in ATTACHMENT P.1 and the Scope of Work included in ATTACHMENT P.2 herein. A.2 BACKGROUND A. The Virginia Railway Express operates commuter rail service to the District of Columbia from Northern Virginia. The Northern Virginia Transportation Commission (NVTC) and the Potomac and Rappahannock Transportation Commission (PRTC) jointly sponsor this service. B. VRE began operations in 1992 and carries an average of 15,000 daily trips. In addition, growth and service changes have added many new facilities and infrastructure enhancements to VRE’s program of projects. VRE is committed to continued infrastructure and operational improvement as the future growth of VRE shall depend upon service reliability and the ability to expand to accommodate additional passengers. C. VRE recently published RFP No. 08-004 which contains a direct order for two (2) locomotives as well as an option for eighteen (18) additional locomotives. The detailed RFP is presently posted on VRE’s web site at www.vre.org. At the website, select “Procurement”. 4 RFP No. 08-006 Construction Engineering and Inspection Services for the Purchase and Manufacture of Locomotives
  • 3. D. VRE now seeks the services of mechanical engineers with knowledge of and familiarity with APTA PRESS Standards and Recommended Practices as well as all relevant portions of the U.S. Code of Federal Regulations (CFR) relative to new locomotive construction. Engineers shall be able to enforce the specifications in the subject construction RFP, including the schedule requirements as the direct, on-site production and back office engineering for the “Project”. E. Funding for the Project consists of both federal and state grants with match provided using state and local funds. 5 RFP No. 08-006 Construction Engineering and Inspection Services for the Purchase and Manufacture of Locomotives
  • 4. SECTION B SPECIAL TERMS AND CONDITIONS _____________________________________________________________________ B.1 CONTRACT TERM The term of the Contract shall consist of the following multiple phases: A. Phase One shall commence on the date the Notice-To-Proceed is issued to assist in the overall management of the Base Order in RFP No. 08-004 and shall end with the completion of the warranty period for that phase of the Contract. B. Phase Two shall commence on the date the Notice of Option is issued to the Consultant for the first Option Order and each subsequent Option Order in RFP 08-004 and shall end with the completion of the warranty period for each phase of the Contract. C. For bidding purposes, Consultants should assume that at Phase Two, VRE will exercise the option for all eighteen (18) remaining option vehicles on the following schedule. 1. Option for three (3) locomotives within the first year of the Contract; and 2. Options will likely be exercised at the rate of approximately three (3) locomotives per year for each of the remaining five (5) years of the Contract. B.2 TYPE OF CONTRACT This is a firm-fixed hourly rate type Contract. B.3 LIQUIDATED DAMAGES A. For each day’s delay in the final delivery date of each vehicle involved this solicitation beyond the date agreed upon between the Contractor and VRE, that is caused by the actions or inactions of the Consultant, there shall be deducted or otherwise collected from the Consultant, not as a 6 RFP No. 08-006 Construction Engineering and Inspection Services for the Purchase and Manufacture of Locomotives
  • 5. penalty but as liquidated damages, the sum of one thousand dollars ($1,000) per day, per vehicle , for each and every calendar day beyond the specified date. Further, if, during the warranty period, it becomes necessary to remove one of these vehicles from service due to a failure resulting from an action or inaction on the part of the Consultant and the vehicle remains out of service for over seventy-two (72) hours, the Consultant shall pay VRE, not as a penalty, but as liquidated damages, $1,000.00 per day or partial day that the vehicle remains out of service. Total liquidated damages shall not exceed total Contract value. B. Payment of liquidated damages shall not release the Consultant from obligations in respect to the fulfillment of the entire Contract, nor shall the payment of such liquidated damages constitute a waiver of the VRE’s right to collect any additional damages which may be sustained by failure of the Consultant to carry out the terms of the Contract, it being the intent of the parties that said liquidated damages be full and complete payment only for failure for the Consultant to complete the work on time. B.4 SUBCONTRACTING A. In the event that the Consultant desires to subcontract some part of the work specified herein, the Consultant shall identify in the proposal, the names, qualifications and experience of the proposed Subconsultants. Any changes in Subconsultants after award of the Contract shall be subject to approval by VRE. B. No portion of the work shall be subcontracted without prior written consent of VRE, and any Subconsultants must be identified as per paragraph B.4A above. C. VRE reserves the right to request from the Offeror during the solicitation process and any time during Contract performance, additional information about a Subconsultant proposed by the Offeror/Consultant, that VRE deems necessary to evaluate the qualifications of the Subconsultant. D. The Consultant shall, however, remain fully liable and responsible for the work to be done by his Subconsultant(s) and shall assure compliance with all requirements of the Contract. 7 RFP No. 08-006 Construction Engineering and Inspection Services for the Purchase and Manufacture of Locomotives
  • 6. B.5 REGULATORY COMPLIANCE WITH LAWS AND PERMITS The Consultant agrees it 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 United States Department of Transportation, the Environmental Protection Agency, and/or related State and Local Laws, Rules and Regulations shall be complied with. B.6 LITIGATION AND NOTIFICATION The Consultant shall notify the VRE Contract Administration Manager if any of the following occur: A. The Consultant or any of the Subconsultants are served with notice of violation of any law, regulation, permit or license which relates to this Contract; and B. Litigation is commenced in which the Offeror is a named party and which also involves as a named party any Subconsultant of the Offeror. B.7 PRIME CONSULTANT RESPONSIBILITIES The Consultant shall be responsible for completely supervising and directing the work under this Contract and all Subconsultants that it may utilize, using its best skill and attention. Subconsultants who perform work under this Contract shall be responsible to the prime Consultant. The Consultant agrees to be fully responsible for the acts and omissions of his Subconsultants and of persons employed by them as it is for the acts and omissions of its own employees. B.8 USE OF DOCUMENTS The Consultant agrees that all reports, drawings, studies, specifications, estimates, maps, computations, and other data prepared by or for it under the resultant contract shall be made available to VRE at all reasonable times during the period of the contract and upon termination or completion of the work. VRE shall have the right to use same without restriction or limitation and without compensation to the Consultant other than that provided for in the contract. 8 RFP No. 08-006 Construction Engineering and Inspection Services for the Purchase and Manufacture of Locomotives
  • 7. SECTION C INSURANCE REQUIREMENTS _______________________________________________________________________ C.1 VRE INSURANCE COVERAGES A. By signing and submitting an offer under this solicitation, the Consultant certifies that if awarded the contract, it will have the insurance coverages identified and described in Exhibit O.1 at the time of Contract award. The Consultant further certifies that the Consultant and any Subconsultants will maintain these insurance coverages during the entire term of the Contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia. B. Proof of compliance with these insurance requirements shall be furnished to VRE in the form of an original certificate of insurance signed by an authorized representative or agent of the insurance company(ies) within ten (10) calendar days of notice of award of Contract and before any work under the resultant Contract will be allowed to commence. C. Failure to provide the Certificate(s) when required may be cause for VRE to award a contract to the next responsible and responsive Consultant. However, in no event shall work be performed until the required Certificates of Insurance have been furnished and approved by the VRE. D. All insurance must be raised to an amount approved by VRE as change orders are made to the Contract. C.2 RAILROAD PROTECTIVE LIABILITY INSURANCE Prior to entry upon VRE property, the Consultant shall carry Railroad Protective Liability Insurance for $1 million per person, $3 million per incident. The “Northern Virginia Transportation Commission and the Potomac and Rappahannock Transportation Commission together known as the Virginia Railway Express” and other parties, as identified, shall be named as insured, A certified copy of the Certificate shall be provided to the VRE Contract Administration Manager within ten (10) calendar days after receipt of Notice of Intent to Award. The insurance policy shall require advance 30 days written notice of cancellation to VRE. 9 RFP No. 08-006 Construction Engineering and Inspection Services for the Purchase and Manufacture of Locomotives
  • 8. SECTION D BOND REQUIREMENTS _______________________________________________________________________ D.1 PERFORMANCE AND PAYMENT BONDS A. The Consultant whose offer is accepted agrees to enter into written Contract with VRE. The Consultant shall furnish both a Performance Bond and Payment Bond or Irrevocable Letters of Credit. B. The prospective Consultant shall deliver to VRE within ten (10) calendar days of the notification of award a duly executed Performance and Payment Bond or Irrevocable Letters of Credit payable to the “Northern Virginia Transportation Commission and the Potomac and Rappahannock Transportation Commission, together known as the Virginia Railway Express. C. The Performance Bond shall be in the amount of $750,000 as guarantee to the faithful performance of the Contract. D. The Payment Bond shall be in the amount of the value of Subconsultants listed in the proposal/offer as guarantee for the payment to all persons who have and fulfill contracts, which are directly with the Consultant. E. The Sureties of all bonds shall be of such surety company or companies as are approved by Virginia and are authorized to transact business in the Commonwealth of Virginia. No Contract shall be deemed to be in effect until the bonds have been approved by VRE. F. The Consultant shall provide appropriate bond forms prior to or at the time of Contract award to the VRE for review and approval. The Consultant may use the American Institute of Architects (AIA) bond forms or a format that is substantively similar. G. VRE may require additional performance bond protection when a Contract price is increased. Upon the Consultant’s request, the VRE may decrease bond amounts as deliverables are received. H. A copy of the revised bonds shall be provided by the Consultant to VRE. The Consultant shall execute change orders with the consent of the surety or sureties on the Performance and Payment Bonds unless otherwise directed by the surety or sureties. 10 RFP No. 08-006 Construction Engineering and Inspection Services for the Purchase and Manufacture of Locomotives
  • 9. SECTION E INVOICING _______________________________________________________________________ E.4 INVOICES A. Invoices for services/goods ordered, delivered and accepted shall be submitted monthly by the Consultant directly to the payment address shown below: Virginia Railway Express Attn: Accounts Payable 1500 King Street, Suite 202 Alexandria, VA 22314-2730 B. Invoices at a minimum, shall contain the following information: 1. Name, Address and Telephone Number of Consultant; 2. VRE Contract Number; 3. Invoice Number; 4. Date and Period of Invoice; 5. Description of Services Performed; 6. Total Invoice Amount; 7. Total Cumulative Amounts Invoiced; and 8. Consultant’s Signature; C. The following documents shall be attached to each invoice: 1. Subconsultants’ invoice; and 2. Personnel: Names, Titles, Hours, Billing Rates. D. If invoices fail to satisfy the above criteria, they will not be processed for payment and will result in the invoice being returned to the Consultant for correction. 11 RFP No. 08-006 Construction Engineering and Inspection Services for the Purchase and Manufacture of Locomotives