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February 20, 2014 Christian H. Nyberg Senior Project Manager HDR Engineering, Inc. 9987 Carver Road Suite 200 Cincinnati, OH 45242 Dear Christian, city of CINCINNATI OFFICE OF THE CIT~’ MANAGER The City of Cincinnati has approved your proposal dated February 11, 2014 for the preparation of a Benefit-Cost Analysis (BCA) for the Cincinnati Streetcar Uptown Connector as attached. This work shall be performed under the City of Cincinnati Department of Transportation & Engineering Agreement for Architectural & Engineering Services (Contract No. 25x7205) for Federally Funded Planning & Engineering Services. The total fee for the work shall not exceed $22,500.00. Please note that this letter does not constitute Notice to Proceed (NTP). NTP will be provided separately. Chris Eilerman Assistant to the City Manager Michael Moore Director, Department of Transportation & Engineering 801 Plum Street, Suite 152 Cincinnati, Ohio 45202-5706 P5133523241 F5133526284 . www.cincinnati-oh.gov Sincerely, Approved:
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Uptown Streetcar Contracts

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  • February 20, 2014

    Christian H. NybergSenior Project ManagerHDR Engineering, Inc.9987 Carver RoadSuite 200Cincinnati, OH 45242

    Dear Christian,

    cityofCINCINNATI

    OFFICE OF THECIT~ MANAGER

    The City of Cincinnati has approved your proposal dated February 11, 2014 for the preparationof a Benefit-Cost Analysis (BCA) for the Cincinnati Streetcar Uptown Connector as attached.

    This work shall be performed under the City of Cincinnati Department of Transportation &Engineering Agreement for Architectural & Engineering Services (Contract No. 25x7205) forFederally Funded Planning & Engineering Services.

    The total fee for the work shall not exceed $22,500.00.

    Please note that this letter does not constitute Notice to Proceed (NTP). NTP will be providedseparately.

    Chris EilermanAssistant to the City Manager

    Michael MooreDirector, Department of Transportation &Engineering

    801 Plum Street, Suite 152 Cincinnati, Ohio 45202-5706P5133523241 F5133526284 . www.cincinnati-oh.gov

    Sincerely,

    Approved:

  • 2/11/2014

    Mr. Chris EilermanAssistant to the City ManagerCity of CincinnatiCity Hall, Rm. 110801 Plum StreetCincinnati, OH 45202

    Re: Fee Proposal for TIGER VI BCA Analysis

    Dear Mr. Eilerman:

    Per your request, HDR has prepared this fee proposal for the preparation of a Benefit-CostAnalysis (BCA) for the Cincinnati Streetcar Uptown Connector for inclusion with the CitysTIGER VI grant application. All proposed work will be performed under the City of CincinnatiDepartment of Transportation & Engineering Agreement for Architectural and EngineeringServices (No. 25x7205) for Federally Funded Planning and Engineering Services.Scope of WorkHDR will revisit the BCA and update the Economic Impact Analysis (EIA) for CincinnatisUptown Connector streetcar extension, in support of an application for upcoming TIGER VIfunds. For Cincinnatis TIGER III applications, HDR prepared a BCA for both the UptownConnector streetcar extension and a southern extension, but only the southern extensionreceived a grant. For the TIGER VI Uptown Connector streetcar extension, HDR will leverageits~ribd~kWhile eh~Uri~t~~the rev~d~ Update~fon~TIGERVrapplication meets USDOTs current requirements.

    To update the BCA, HDR will separate out the Uptown Connector portions of the model andupdate the framework and inputs. More specifically, HDR would need to use updatedridership estimates or to carry forward previous estimates to current estimate of opening year,latest cost estimates, as well as all other standard economic inputs used (such as the value oftime). In addition, HDR would review the TIGER III model against the updated and moreextensive USDOT TIGER Guidelines developed for the rounds subsequent to TIGER III andmake any necessary calculation and/or reported adjustments. Once final results are checkedand reviewed, HDR will revisit the analysis, paying particular attention to any differences inbeneficiaries (particularly low-income users) and timing of benefits under the current extensionplans.

    The update to the Economic Impact Analysis (EIA) will require the new cost estimates(provided by others) and a purchase of the latest data file from IMPLAN to more accuratelymodel current economic conditions.

    ScheduleThe total estimated time for the work is six (6) weeks from Citys Notice to Proceed.

    9987 Carver Road Phone: (513~98475OO1408 EngineerIng~ Inc. Suite 200 Fax (513) 984-7580

    Cincinnati, OH 45242.5710 www.hdrinc.com

  • January 14, 2010Page 2

    FeeThe total fee for the work proposed herein shall not exceed $22,500. The fee components aredetailed in Attachment A Fee Schedule. Invoicing shall be performed in accordance with thecurrent term agreement.

    ~ ___

    Submitted By: __________________________ Date: 2-1 1-14Christian H. Nyberg, P.ESenior Project ManagerHDR Engineering, Inc.

  • Attachment A - Fee Schedule

    V jHourly Rate: $165.O . . $i1O,0O $155.00 .. $90.o

    Sr Economist! Economist!HDR Team Member Project Economist! Total HoursEconomic ModelingManager Lead Modeler Impact Analysis Support

    : Task 1 Project I tiat.ion;: Project Administration; QC ;. 16 2 4 22 $3,480Task 2 Review of Existing Documents/Previous Analysis 4 4 4 12 $1,420

    . Task 3 Data. Collection . . . V V. V V V V V V V V V 8 8 16 $1,600Task 4 Refine Benefit Metrics 2 4 4 10 $1,310

    : Task 5 EcoriomicCost-Ben.efit Modlig. .: . .. 2 14 24 40 $4,030~ Task 6 Results Review . V V V 2 4 6 $690Task 7 Econ.miclmpactAnalysis. :..: V~V V V.. .. 2 10 8 20 $2,600

    ~ Task8 DraftandFinalApplication.EconomicsSections 4 8 4 16 32 $3,600Task 9 Draft Supporting Documentation . : . . 2 8 8 12 $3,530

    Total Labor Costs 30 44 34 80 188 $22 260Materials IIMPIAN data set . . $240

    Total. . . ... - . . . . . . . . . .. . . . . . .. $22,500

  • CITY OF CINCiNNATIDEPARTMENT OF TRANSPORTATION & ENGINEERING ~ 5 x 7 2 0 5

    Contract No, __________Agreement

    for Architectural and Engineering Services

    This Agreement Is made and entered into on the Effective Date (as defined on the signature page hereof)by and between the City of Cincinnati, an Ohio municipal corporation, the address of which for purposes of thisAgreement Is 801 Plum Street, Cincinnati, OH 45202: Attention: DOTE (the City), and ~-\b~.~a ~~rj~wrb organized under the laws of the State of,~~~g ,the address ofwhich is ?~?~7 Ct~r-~r ~4(Consultant). 4~

    Recitals:

    A. The Citys Department of Transportation & Engineering (DOTE) desires to implement its fundedCapital Improvement Program during the years 2012 through 2015 and does not have a sufficient staff of permanentemployees to complete the Program.

    B. DOTE serves as an engineering and/or architectural consultant to various City agencies to designand/or coordinate the operation of Capital Improvement Programs of these other agencies, including constructionmanagement services on an as-needed basis.

    C. DOTE also functions in close cooperation with the Hamilton County Engineer and providesengineering services in accordance with City/County agreements.

    D. From time to time the City requires architectural and engineering services in various disciplines toenhance DOTEs .expertise in connection with specific City duties and projects, including without limitation newconstruction, rehabilitation, or additions such as buildings, bridges, roadways, and airport facilities.

    E. Consultant employs skilled, competent and experienced professional engineers and/or architects andrelated personnel and has equipment to perform these necessary services.

    F. Consultant has been selected to provide services to the City, on an as-needed basis, in accordancewith the City Managers Administrative Regulation No. 23, dated February 3, 1997.

    0. Consultants services are professional and noncompetitive In nature.

    NOW THEREFORE, for and in consideration of the promises, covenants and agreements herein contained,the parties agree as follows:

    1. TERM.

    (A) Term. The term (Term) of this Agreement shall commence on April 1. 2012 and, unless soonerterminated as herein provided, shall expire on March 3~L2015 (the Expiration Date); provided, however, that if theCity assigns work to Consultant under this Agreement prior to the Expiration Date but the work is not completed untilafter the Expiration Date, the Term shall continue until such time as the work has been completed.

    (B) Early Termination. Notwithstanding the Expiration Date specified above, the City may terminate thisAgreement, for any reason or no reason, by giving Consultant no less than thirty (30) days prior written notice thereof.Upon the termination of this Agreement, Consultant shall promptly deliver to the City all finished and unfinished Work

    (00015229-1).Page 1 of 10

  • Product (as defined in section 11 below). Upon the termination of this Agreement, the City shall compensateConsultant for all work satisfactorily completed through the effective date of the termination.

    2. SERVICES.

    (A) Scooe of Services (General). A list of the general types of architectural and/or engineering servicesthat Consultant is willing and able to provide to the City under this Agreement is attached hereto as Exhibit A (Scope ofServices). The parties acknowledge that, throughout the Term, the City may ask Consultant to provide some, all, ornone of the services described on Exhibit A. Consultant acknowledges and agrees that the City shall have noobligation to assign any work to Consultant under this Agreement.

    (B) Specific Projects; Notice to Proceed. From time to time and on an as-needed basis, the City shallassign work to Consultant under this Agreement for specific projects (each, a Projecr), as follows: (I) the City shallsend to Consultant a scope of work for the Project; (ii) Consultant shall prepare and send to the Cfty a proposedbudget for the Project, based upon anticipated hours and rates, which shall specify anot to exceed dollar amount; (ill)if and when the City and Consultant mutually approve the budget (as so approved, the Budget), the City shall certifythe funds for the Project through the Citys Finance Department, and (iv) the City shall issue a Notice to Proceed,instructing Consultant to proceed with the work.

    (C) Standards. Consultant shall perform all work in a satisfactory, timely and proper manner asdetermined by the City and in accordance with applicable and accepted professional and industry standards.

    3. COMPENSATION.

    (A) Compensation.(i) Fee Schedules. For each Project, the City shall pay Consultant in accordance with the fee

    schedules attached as ExhIbit B hereto (Fee Schedules). In the event it becomes necessary to amend the FeeSchedules due solely to regulatory changes or technologIcal innovations that may cause changes in the cost ofservices provided under this Agreement, Consultant shall submit a written proposal to the City requesting a change inthe Fee Schedules, which proposed changes may be approved or denied by the City in its sole discretion. If theproposed changes are approved by the City, this Agreement shall be amended for the purpose of substituting the FeeSchedules attached hereto as Exhibit B with the revised Fee Schedules. Consultant shall not be entitled to anycompensation for any work unless such work Is provided for in an approved Budget and described in a Notice toProceed.

    (ii) Overtime. Any overtime rates shown on Exhibit B shall be paid for work that is performed onweekends, holidays recognized by the City, and between the hours of 6:00 P.M. and 4:00 AM.; provided, however, thatConsultant shall not be paid for any overtime unless the overtime has been pre-approved by the City Engineer.

    (Ill) Maximum Comoensation. The parties presentlyanticipate that the compensation to Consultantunder this Agreement will exceed $25,000. Notwithstanding anything in this Agreement to the contrary, under nocircumstances shall the compensation payable to Consultant under this Agreement exceed $500,000 per Project, and$2,000,000 for all Projects combined.

    (iv) Additional Services. If the City requests Consultant to provide services that are not provided forin an approved Budget or described in a Notice to Proceed, and if Consultant agrees to provide such services, the Cityshall pay for such services at Consultants applicable rate(s) as shown on the Fee Schedules, plus 115% of the cost ofmaterials.

    (v) Field Technicians. The City acknowledges that Consultant may charge a minimum of two(2) hours for field technicians working on-call.

    {0001 5229-1}Page 2 of 10

  • (vi) Reimbursable Expenses. Subject to pre-approval by the City Engineer, which may be grantedor denied by the City Engineer in his sole discretion, the City shalt reimburse Consultant for:

    (a) cost of travel outside the Cincinnati Metropoiitan Statistical Area;(b) cost of equipment rental plus a 5% markup;(c) any other out-of-pocket expenses incurred by Consultant in connection with a Project that

    were not anticipated at the time the Budget for the Project was prepared and approved.(B) Method of Payment. During each Project, Consultant shall request payment for completed work by

    submitting a requisition for payment using City Form No. 37 Claim Voucher/Invoice. Iri requesting payment for aparticular service, Consultant shall reference the specific line item in the Budget. Consultant shall provide the City withcopies of invoices and such other supporting documentation and information as the City may reasonably request tosubstantiate Consultants request for payment.

    4. COMPLIANCE WITH APPLICABLE LAWS.

    Consultant shall obtain and maintain all necessary permits, licenses and other governmental approvals andshall comply with all applicable federal, state and local laws, codes, ordinances and other governmental requirementsapplicable to each Project, including without limitation those set forth on Exhibit C (Additional City Requirements)hereto.

    5. INSURANCE: INDEMNITY.

    (A) Insurance. Throughout the Term of this Agreement, Consultant shall maintain the followinginsurance: (I) Commercial General Liability insurance in the amount of not less than $1,000,000 per occurrence,combined single limit, $2,000,000 aggregate, with excess/umbrella coverage of $2,000,000, naming the City as anadditional insured, (ii) Professional Liability Insurance (aka errors and omissions) in the amount of not less than$1,000,000, $2,000,000 aggregate, ~eniing-the- tyasene I- nst~re~J, (iii) workers compensation insurance insuch amount as required by law, (lv) any and all insurance as may be required by Consultants lenders, and (v) suchother insurance as may be reasonably required by the Citys Office of Risk Management. Consultants insurancepolicies shall (a) be written In standard form by companies of recognized responsibility and credit reasonablyacceptable to the City, that are authorized to do business in Ohio, and that have an A.M. Best rating ofA VII or better,and (b) provide that they may not be canceled or modified without at least thirty (30) days prior written notice to theCity. Consultant shall provide an acceptable certificate of insurance to the City, evidencing the liability insurancedescribed above, upon Consultants execution of this Agreement.

    (B) Waiver of Subrogation. Consultant hereby waives all ciaims and rights of recovery, and on behalf ofConsultants insurers, rights of subrogation, against the City, Its employees, agents, contractors and subcontractorswith respect to any and all Injuries, damages or losses that are covered or that would ordinarily be covered by theinsurance required under this Agreement to be maintained by Consultant, even if such injury, loss or damage arisesfrom the negligence of the City, its employees, agents? contractors or subcontractors; it being the agreement of theparties that Consultant shall at all times protect Itself against such injuries, losses and damages by maintainingadequate insurance, Consultant shall cause its insurance policies, as applicable, to Include a waiver of subrogationprovision consistent with the foregoing waiver.

    (C) General Indemnity. Notwithstanding anything in this Agreement to the contrary, as a materialinducement to the City to enter into this Agreement, Consultant shall defend, indemnify and hold the City, its officers,council members, employees and agents (collectively, the Indemnified Parties) harmless from and against any andall actions, suits, claims, losses, costs (including without limitation attorneys fees), demands, judgments, liability anddamages suffered or incurred by or asserted against the Indemnified Parties as a result of or arising from the,~~f eConsultant, its agents, employees, contractors, subcontractors, licensees, invitees or anyone else acting at the requ~S ,~jof Consultant in connection with each Project, Including without limitation those arising from personal injuries orproperty damage.

    {00015229-1}Page 3 of 10

  • 6. DEFAULT.

    If Consultant violates any provision of this Agreement and fails to correct such violation to the satisfaction ofthe City within ten (10) days after receiving written notice thereof from the City, the City may (I) undertake such actionas the City deems appropriate to correct or otherwise address such violation, whereupon Consultant shall pay all costsincurred by the City in doing so within ten (10) days after the Citys written demand, (ii) terminate this Agreement bygiving no less than five (5) days written notice thereof to Consultant, and (iii) exercise any other right or remedyavailable to the City at law or in equity. All rights of the City under this Agreement are cumulative. Consultant shallpay, upon the Citys demand, all costs and damages, including without limitation reasonable attorneys fees, suffered orincurred by the City in connection with a default of Consultant under this Agreement, Including without limitation costsincurred in enforcing or terminating this Agreement following a default, If at the time of termination Consultant isentitled to compensation from the City for work satisfactorily completed, the City may deduct the amount of the Cityscosts and damages from its payment to Consultant. The Citys waiver of any breach by Consultant of any provision ofthis Agreement shall not constitute or operate as a waiver by the City of any other breach of such provision or of anyother provisions, nor shall any failure or delay by the City to enforce any provision hereof operate as a waiver of suchprovision or of any other provision.

    7. NOTICES.

    All notices given by the parties hereunder shall be deemed given if personally delivered, or delivered byFederal Express, UPS or other recognized overnight courier, or mailed by U.S. registered or certified mail, postageprepaid, return receipt requested, addressed to the parties at their addresses set forth in the introductory paragraph ofthis Agreement or at such other addresses as either party may designate by notice to the other party given in themanner prescribed herein. Notices shall be deemed given on the date of receipt. If Consultant sends a notice to theCity alleging that the City is in default under this Agreement, Consultant shall simultaneously send a copy of suchnotice by U.S. certified mail to: City Solicitor, City of Cincinnati, 801 Plum Street, Room 214, Cincinnati, OH 45202,

    8. REPORTING REQUIREMENTS.

    (A) Submission of Records and Reports: Records Retention. Consultant shall collect, maintain, andfurnish to the City upon the Citys request such accounting, financial, business, administrative, operational and otherreports, records, statements and information as may be requested by the City pertaining to Consultant, each Project, orthis Agreement, including without limitation audited financial statements, bank statements, and such reports andinformation as may be required for compliance with programs and projects funded by the City, Hamilton County, theState of Ohio, or any federal agency (the records and reports required under this paragraph to be submitted byConsultant to the City being referred to herein collectively as Records and Reports~). Consultant shall retain ItsRecords and Reports for a minimum of three (3) years following the completion of each Project.

    (B) Citys Rlcjht to lnslect and Audit. During each Project, Consultant shall permit the City and itsdesignees and auditors to have reasonable access to and to inspect and audit Consultants Records and Reports. Inthe event any such inspection or audit discloses a material discrepancy with information previously provided byConsultant to the City, Consultant shall reimburse the City for its out-of-pocket costs associated with such Inspection oraudit.

    9. CERTIFICATION AS TO NON-DEBARMENT.Consultant certifies that neither it nor any of its shareholders, officers, members or partners are presently

    debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation in thetransactions covered by this Agreement. If during the Term Consultant or any of its shareholders, officers, members orpartners become debarred or suspended, the same shall constitute a default under this Agreement, whereupon thisAgreement shall automatically terminate and Consultant shall return any and all funds that it received from the Cityprior to the effective date of such debarment or suspension, without limitation of the Citys other rights and remedies.

    {OOO15229~1}Page4oflO

  • 10. INDEPENDENT CONTRACTOR.

    Consultant shall perform all work under this Agreement as an independent contractor and not as an officer,agent, servant, or employee of the City. Consultant shall have the exclusive right to control the details of all workperformed hereunder and all persons performing such work, and shall be solely responsible for the acts and omissionsof its officers, agents, employees, contractors and subcontractors, Nothing herein shall be construed as creating apartnership or joint venture between the City and Consultant. No person performing any of the work hereunder shallbe deemed to be an officer, agent or employee of the City, nor shall any such person be entitled to any benefitsavailable or granted to employees of the City.

    ii. OWNERSHIP AND PROTECTION OF PROPERTY.

    (A) Work Product. All architectural and engineering drawings, working papers, reports, and othermaterials produced by Consultant for the City under this Agreement, including without limitation all computer softwareand applications developed by or for Consultant in connection with any Project (collectively, Work Produce), shall bedeemed to have been paid for by the City and shall become the property of the City as and when created. Consultantshall promptly deliver alt items of Work Product to the City as and when requested by the City throughout the Term,and at the end of the Term, at no additional charge to the City.

    (B) Protected Information. Unless expressly agreed to by the City in writing, Consultant shall not seekany patents or trademarks with respect to any Work Product, nor shall Consultant assert.ownership or protection ofany Work Product on the basis that it contains trade secrets or other proprietary information or that it constitutes so-called intellectual property under applicable law.

    (C) Confidentiality. Consultant shall keep all Work Product confidential and shall not disclose or distributeit to third parties without the Citys prior express written authorization. Consultant shall put the necessary safeguards inplace to prevent such unauthorized disclosure or distribution by its agents and employees.

    12. GENERAL PROVISiONS.

    (A) Assignment & Subcontracting. Consultant shall not assign any of its rights or obligations under thisAgreement, or subcontract any work under this Agreement to a third party, without the prior written consent of the City,which may be granted or denied in the Citys sole discretion.

    (8) Entire Agreement. This Agreement contains the entire agreement between the parties with respect tothe subject matter hereof and supersedes any and all prior discussions, nego~ations, representations or agreements,written or oral, between them respecting the subject matter hereof.

    (C) Amendments, This Agreement may be amended only by a written amendment signed by both parties.(D) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of

    the City of Cincinnati and the State of Ohio. All actions regarding this Agreement shall be brought in the HamiltonCounty Court of Common Pleas, and Consultant agrees that venue in such court is proper. The parties hereby waivetrial by jury with respect to any and all disputes arising under this Agreement.

    (E) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of and beenforceable by and against the parties and their respective successors and permitted assigns.

    (F) Captions. The captions of the various sections and paragraphs of this Agreement are not part of thecontext hereof and are only guides to assist in locating such sections and paragraphs and shall be ignored inconstruing this Agreement.

    {00015229-1}Page 5 of 10

  • (G) Severability. If any part of this Agreement is held by a court of law to be void, illegal or unenforceable,such part shall be deemed severed from this Agreement, and the balance of this Agreement shall remain in full forceand effect.

    (H) ~ Time is of the essence with respect to the performance by Consultant of its obligations underthis Agreement.

    (1) No Third Party Beneficiaries. The parties hereby agree that no third party beneficiary rights areintended to be created by this Agreement.

    (J) No Brokers. The City and Consultant represent to each other that they have not dealt with a broker,salesperson, lobbyist, or other person who might claim entitlement to a fee or other compensation as a result of theparties execution of this Agreement,

    (K) Non-Exclusive Agreement. This is a nonexctusive agreement for professional services. The City mayprocure the same or similar services from other consultants at any time during the Term of this Agreement,

    (L) Official Caracitv. All representations, warranties, covenants, agreements and obligations of the Cityunder this Agreement shall be effective to the extent authorized and permitted by applicable law. None of thoserepresentations, warranties, covenants, agreements or obligations shall be deemed to be a representation, warranty,covenant, agreement or obligation of any present or future officer, agent, employee or attorney of the City in other thanhis or her official capacity.

    (M) Exhibits. The following Exhibits are attached to this Agreement and made a part hereof:Exhibit A - Scope of Services (General)Exhibit B - Fee SchedulesExhibit C - Additional City Requirements

    Executed by the parties on the dates indicated below, effective as of the later of such dates (the EffectiveDate). ~City of Cincinnati i insert Consultants name ~

    By:__________ By: ~. U,~Milton Dohoney, Jr., City Manager

    ~ / . Printed Name: c~ c~kv~ S~. -~L~~Date: 3/ 1 Z.-~ / ,2012I Title: LLP VSIL~L~4.

    Date: 2S,2012Re29mme tied by:/

    (J~Don Gindlirig, RE. ~Cit Engineer

    ~

    Director, Department of Transportation and Engineering

    {00015229-1}Page 6 of 10

  • Rochelle Thompson, Co tract Compliance Officer

    MAR 0 1 2012

    Approved as to Form:

    Assistant City S1icit~ (~)Certified Date: CF~RTiF~CAT1DN OFFund/Code: FUNDS NOT REQUIREDAmount:

    {O0015229~1)Page 7 of 10

  • EXHIBIT A

    SCOPE OF SERVICES

    SEE ATTACHED

    (00015229-1) Page 8 of 10

  • DEPARTMENT OF TRANSPORTATION & ENGINEERINGCONTINGENCY CONSULTANT SERVICESFEDERALLY FUNDED PLANNING AND ENGINEERING SERVICESEXHIBIT A

    SCOPE OF SERVICES

    The Consulting Services to be provided under this contract for Planning or Engineering Designthat have Federal Funds may include any of the following:

    Preliminary engineering Right-of-way plansInvestigations & inspections Site reconnaissance & photographyPlanning & feasibility studies Coordination with other agenciesConstruction cost estimates Environmental documentsDetailed contract plans SpecificationsCommunity input exhibits Interim and final reportsEngineering cost estimates Related reportsRelated engineering & surveying services Atlendance at public meetingsEquipment rental Utility coordinationCondition studies Shop drawing reviewPreparation of change orders As-built drawings

    Any services not specifically listed above may be provided In conjunction with those serviceslisted above for the City of Cincinnati, with the approval of a Department of Transportation &Engineering Division Head.

    All work assigned under this Contract will be coordinated through an Agency representativedesignated by a Department of Transportation & Engineering Division Head. When theservices of the Consultant are needed, a Scope of Services meeting will be called by theAgency representative. Any work to be performed under this Contract may be authorized bysignature of a Department of Transportation & Engineering Division Head.

    Actual services assigned under this Contract will be identified in a written Scope of Servicesspecific to each project. This Scope will include a project budget and completion schedule,and shall be prepared by the Consultant after a detailed Scope of Services meeting with theCity. All projects initiated under this Contract shall be sequentially numbered and alldocumentation and billing shall reference both the Contract number and the project numberand name.

  • DEPARTMENT OF TRANSPORTATION & ENGINEERINGCONTINGENCY CONSULTANT SERVICESHIGHWAY ENGINEERING SERVICESEXHIBIT A

    SCOPE OF SERVICES

    The Consulting Services to be provided under this contract for Highway Engineering Servicesmay include any of the following:

    Right-of-way plans Preliminary engineeringInvestigations & inspections Site reconnaissance & photographyPlanning & feasibilfty studies Coordination with other agenciesConstruction cost estimates Environmental documentsDetailed contract plans SpecificationsCommunity input exhibits Interim and final reportsEngineering cost estimates Related reportsRelated engineering & surveying services Attendance at public meetingsEquipment rental Utility coordinationCondition studies Shop drawing reviewPreparation of change orders As-built drawings

    Any services not specifically listed above may be provided in conjunction with those serviceslisted above for the City of Cincinnati, with the approval of a Department of Transportation &Engineering Division Head.

    AN work assigned under this Contract will be coordinated through an Agency representativedesignated by a Department of Transportation & Engineering Division Head. When theservices of the Consultant are needed, a Scope of Services meeting will be called by theAgency representative. Any work to be performed under this Contract may be authorized bysignature of a Department of Transportation & Engineering Division Head.

    Actual services assigned under this Contract will be identified in a written Scope of Servicesspecific to each project. This Scope will include a project budget and completion schedule,and shall be prepared by the Consultant after a detailed. Scope of Services meeting with theCity. All projects Initiated under this Contract shall be sequentially numbered and alldocumentation and billing shall reference both the Contract number and the project numberand name.

  • DEPARTMENT OF TRANSPORTATION & ENGINEERINGCONTINGENCY CONSULTANT SERVICESHIGHWAY STRUCTURES ENGINEERING SERVICESEXHIBiT A

    SCOPE OF SERVICES

    The Consulting Services tobe provided under this contract for Highway Structures EngineeringServices may include any of the following:

    Highway structures construction inspectionsHighway structures construction managementHighway structures investigationsHighway structures studiesPlanning & feasibility studiesCondition studies and product evaluationCorrosion engineering studiesConstruction cost estimatesDetailed contract plansCommunity input exhibitsEngineering cost estimatesRelated engineering & surveying servicesEquipment rentalCoordination with other agenciesAs-built drawings

    Reviewing shop drawingsResponding to RFIsRailroad CoordinationPreliminary EngineeringHighway structural analysis and designpainting & maintenance plans & studiesRight-of-way plansRight-of-Way Plats and legal descriptionsSpecificationsInterim and final reportsRelated reportsAttendance at public meetingsUtility coordinationEnvironmental documents

    Any services not specifically listed above may be provided in conjunction with those serviceslisted above for the City of Cincinnati, with the approval of a Department of Transportation &Engineering Division Head.

    All work assigned under this Contract will be coordinated through an Agency representativedesignated by a Department of Transportation & Engineering Division Head. When theservices of the Consultant are needed, a Scope of Services meeting will be called by theAgency representative. Any work to be performed under this Contract may be authorized bysignature of a Department of Transportation & Engineering Division Head.

    Actual services assigned under this Contract will be identified in a written Scope of Servicesspecific to each project. This Scope will Include a project budget and completion schedule,and shall be prepared by the Consultant after a detailed Scope of Services meeting with theCity. All projects initiated under this Contract shall be sequentially numbered and alldocumentation and billing shall reference both the Contract number and the project numberand name.

  • DEPARTMENT OF TRANSPORTATION & ENGINEERINGCONTINGENCY CONSULTANT SERVICESTRAFFIC ENGINEERING SERVICESEXHIBIT A

    SCOPE OF SERVICES

    The Consulting Services to be provided under this contract for Traffic Engineering Servicesmay include any of the following:

    Any services not specifically listed above may be provided in conjunction with those serviceslisted above for the City of Cincinnati, with the approval of a Department of Transportation &Engineering Division Head,

    All work assigned under this Contract will be coordinated through an Agency representativedesignated by a Department of Transportation & Engineering Division Head. When theservices of the Consultant are needed, a Scope of Services meeting will be called by theAgency representative. Any work to be performed under this Contract may be authorized bysignature of a Department of Transportation & Engineering Division Head.

    Actual services assigned under this Contract will be identified in a written Scope of Servicesspecific to each project. This Scope will include a project budget and completion schedule,and shall be prepared by the Consultant after a detailed Scope of Services meeting with theCity. All projects initiated under this Contract shall be sequentially numbered and alldocumentation and billing shall reference both the Contract number and the project numberand name.

    Detailed contract plans and specifications Right-of-way plansCommunity input exhibits Interim and final reportsEngineering cost estimates Related reportsRelated engineering & surveying services Attendance at public meetingsEquipment rental Utility coordinationCoordination with other agencies Landscape architecture cost estimatesPreliminary studies & layouts Evaluation studies & reportsCapacity analysis Benefit-cost analysisTSM studies and plans Geometrics and alignmentAccident analysis Signalization, signage & pavement markingPhotometrics analysis Pole & foundation designAnalysis of existing lighting systems Electrical wiring evaluation & designData collection/tabulation/summarization Traffic counts, surveys, and studiesParking surveys and studies Accident records and statisticsUtilities records Property recordsTraffic control inventories Signal timing, operation & coordinationLighting equipment inventories Street lighting design and specificationsEnvironmental impact studiesPhysical, social & economic data collection, analysis and reports

  • EXHIBIT B

    FEE SCHEDULES

    SEE ATTACHED

    (00015229-1) Page 9 of 10

  • DEPARTMENT OF TRANSPORTATION & ENGINEERINGCONTINGENCY CONSULTANT SERVICESEXHIBIT B: COMPENSATION

    The total cost of work to be completed under this agreement cannot be exactly determined untila detailed Scope of Services is prepared for each assignment.

    After the Consultant receives a written notice to proceed from the City for a specific project, theCity agrees to pay the Consultant for all services rendered under this agreement in accordancewith the following salary schedule:

    Fee Schedule for: HDR Engineering, Inc.9875 Carver Road, Suite 200Cincinnati, OH 45242(513) 984-7500

    Title Pay Range (hourly) Overhead & Profit Total Rate RangePrincipal/Section Mgr. $60.00- $99.00 $107.60 $177.55 $167.60- $276.55P.M./Senior Engineer $44.00- $72.00 $78.92- $129.13 $122.92- $201.13Engineer(P.E.) $33.00- $45.00 $59.18- $80.70 $92.18- $125.70Engineer (E.LT.) $24.00 - $34.00 $45.56 - $60.98 $69.56 - $94.98TechnicianICADDfGlS $23.00 - $32.00 $41.25 $57.39 $64.25 - $89.39Administration/Clerical $20.00 - $30.00 $35.86 - $53.80 $55.86 - $83.80

    The above salary schedule represents the direct salary costs to be paid for this work andincludes an overhead rate of 163.04% and a net fee (profit) of 10.0%. The Consultant willsubmit to the City a detailed breakdown of costs included in the computation of the overheadrate with the signed contract. Additional personnel positions may be added during the term ofthis agreement pending approval of the Citys Director, Department of Transportation andEngineering.

    In addition to the above listed salaries, the City will reimburse the Consultant for all applicabledirect costs, if said costs are not included in the overhead computation and are approved inwriting by the City, for each project as listed below:

    Outside reproduction - at costOut-of-town travel - at costEquipment rental - 5% markupOut-of-Pocket expenses 5% markupOutside consultants 5% markup

  • Department of Transportation & EngineeringContingency Consultant Services

    EXHIBIT BPage 2 of 2

    PAYMENT REQUESTS:All payment requests shall be submitted using City Form No. 37- Claim Voucher Invoice.Included with the payment request shall be an itemized cost summary including:

    1. Personnel fees itemized by each individual or job title with their respective hours worked.2. Sub-consultant fees with copies of itemized invoices submitted by the sub-consultant.3. Reimbursable expenses as approved in advance by the City. The following expenses are

    considered to be included in the Consultants overhead expenses and are not eligible forreimbursement:

    a) Routine photocopying, postage and delivery services, and fax machine usage.b) Telephone and cellular/PCS phone usage.c) Computer usage fees. Special software package fees may be reimbursable pending

    pre-approval by the City.d) Inter-office travel expenses. For consultants with a local office, travel expenses from

    the local office to a project location are the only travel expenses that are eligible forreimbursement. Sub-consultant travel shall be evaluated and approved or denied withthe proposal submittal.

    PROPOSAL SUBMITTALS:At the request of the City, the Consultant shall submit a project proposal that contains thefollowing:

    1. A comprehensive and well defined scope of services.2. An itemized cost estimate showing all anticipated personnel costs, sub-consultant costs

    (including the sub-consultants itemized costs), and reimbursable expenses.3. A project schedule.4. A signature line designated as Recommended for a city project manager, and a signature

    line designated as Approved for a city division or department head. If the work is beingperformed for an agency outside of the Department of Transportation and Engineering; anadditional signature line shall be provided with Recommended, City Engineer.

    CONSULTANT INSURANCE:It is the responsibility of the consultant to maintain all required insurance policies in effect forthe duration of the contract period. Renewed insurance certificates shall be mailed to:

    Mr. Bryan Carter, Supervising AccountantCity Engineers OfficeRoom 425, City Hall801 Plum StreetCincinnati, OH 45202

  • EXHIBIT C

    ADDITIONAL CITY REQUIREMENTS

    (A) Small Business Enterprise Program. This Agreement is subject to the City of CincinnatisSmall Business Enterprise Program contained in Chapter 323 of the Cincinnati Municipal Code. Theprovisions of Chapter 323 of the Cincinnati Municipal Code are hereby incorporated by reference into thisAgreement.

    (B) Egual Em~Iovment Opportunity. This Agreement is subject to the City of Cincinnatis EqualEmployment Opportunity Program contained in Chapter 325 of the Cincinnati Municipal Code. Theprovisions of Chapter 325 of the Cincinnati Municipal Code are hereby incorporated by reference into thisAgreement.

    (C) Prompt Payment. This Agreement is subject to the provisions of Chapter 319 of theCincinnati Municipal Code, which provides for a Prompt Payment System.

    (D) Conflict of Interest. No officer, employee, or agent of the City who exercises any functions orresponsibilities in connection with the planning or carrying out of a Project shall have any personal financialinterest, direct or indirect, in Consultant or in the Project, and Consultant shall take appropriate steps toassure compliance.

    END OF EXHIBIT

    {00015229-1)Page 10 of 10

  • Yang, AndreaFrom: F-lyre, Brad [Brad.Hyre~hdrinc.com]Sent: Tuesday, February 21, 2012 1:08 PMTo: McVay, MelissaCc: Brazina, John; Yang, Andrea; Nyberg, Christian H.Subject: RE: HDR Contingency Contract

    This amendment is acceptable. Thanks for changing.

    -Brad

    BRAD HYRE HDR Engineering, ~nc.P.E. Vice President Managing Principal

    9987 carver Road I Suite 200 I Cincinnati, OH 45242513.984.7500 C: 513.509.7231brad.hyre~hdrlnc.com I hdrinc,com

    Follow UsFacebook Twitter I YouTube

    From: McVay, Melissa [mailto: Melissa.McVay~cincinnati-oh,gov]Sent: Tuesday, February 21, 2012 12:07 PMTo: Hyre, BradCc: Brazina, John; Yang, AndreaSubject: HDR Contingency ContractMr. Hyre,

    Thank you for submitting a contingency contract for architectural and engineering services with the City of Cincinnati.

    We have discovered a minor discrepancy between the information listed in your contract and the information on filewith the Ohio Secretary of State. In order to finalize your contract we will need to amend the first paragraph as follows:

    The corporation is organized under the laws of the State of Nebraska (not Ohio)If this amendment is acceptable to you, we will make the change to the existing contract by hand, and proceed withprocessing the contract.

    Please reply all to confirm that this amendment is acceptable to you.

    Thank you,

    Mel McVay

    Melissa McVayCity PlannerDepartment of Transportation & Engineering

    1

  • City Hall, Room 450801 Plum StreetCincinnati, Ohio 45202513,35Z 5269 officeS13.352.5336 fax

    2

  • Streetcar Phase II: An uphill battleBy Jason Williams; 12:12 am. ESTFebrua,y 10, 2014

    Efforts are quietly underway to get Cincinnatis streetcar route another mile up the hill, just weeks after workresumed on the initial Downtown loop.

    Already the challenges are mounting.

    Uncertain costs and complex utility-line relocation are just the start. Political opposition also threatens tocomplicate plans for expanding the route to Uptown, a major employment center for 55,000 people.

    Project leaders, meanwhile, are being asked by the pro-streetcar Obama administration, some City Council members and influential local supporters toupdate plans for expanding the route.

    Were just trying to keep everybody happy, said John Deatrick, streetcar project executive.

    No one expects a breakthrough anytime soon on a streetcar route that would connect the regions two largest jobs hubs, Uptown and Downtown.Planners already know they face huge hurdles as they prepare to re-examine cost estimates and the originally proposed route, nixed in 2011 when Gov.John Kasich pulled the plug on $52 million in state money.

    Those challenges include:

    Uptowns top businesses and institutions, including the University of Cincinnati and Cincinnati Childrens Hospital Medical Center, are unwilling to helppay for the expansion, a stance theyve maintained for years. Although they support the idea of streetcar expansion, they say the government should payfor a public project. Private donations saved the 3.6-mile route through Downtown and Over-the-Rhine from being permanently stopped in December.

    Uptown comprises the citys Avondale, Clifton, Corryville, CUF and MountAuburn neighborhoods.

    One of the citys main power lines runs underneath Vine Street, part of the original route proposal. Project leaders and Duke Energy are wrestling withwhether the high-voltage line can be moved or worked around. Regardless, that could add millions to the expansion cost, which isnt yet known.

    Mayor John Cranley remains a staunch opponent of the project. He is concerned about how unknown operating costs for the first phase will impact thecitys budget for decades.

    Kasich is making a bid for re-election, and recent polls show him leading his opponent. If hes re-elected, that would keep the anti-rail Republican inoffice through 2018 likely meaning that no state money would be made available for the project.

    Obama will be term-limited out of office after 2016, potentially leaving federal funding for future streetcar projects in limbo.

    Officials want to make sure city in line for federal funds

    The Federal Transit Administration has been asking local planners to come up with future expansion plans. The agency is working off a new federalbudget that includes $2.6 billion for the nations transportation projects.

    The feds gave $45 million toward the $133-million cost of the streetcars first phase. It can take years to be awarded federal money, and Deatrick and histeam want to make sure Cincinnati is in position to receive more money.

    Originally, the Uptown phase was part of a $128 million, 4.9-mile route stretching from the Banks to UCs main campus. Deatrick, hired last year to runthe project, said finding out how much the Uptown route will cost is part of a due-diligence process in the coming months. His team also is looking atwhether any adjustments need to be made in building the first phase to accommodate the Uptown phase better.

    Deatrick also has met recently with key stakeholders about the Uptown phase, including Believe in Cincinnati founder Ryan Messer and Beth Robinson,head of the Uptown Consortium.

    Supporters remain bullish and undeterred about the Uptown expansion. Believe in Cincinnati, the grassroots group that helped save the streetcar from athreatened permanent shutdown in December, is planning to help form a task force to study the costs of the expansion and facilitate meetings withpolitical, community and business leaders.

  • Ther~s a lot of passion on getting the streetcar connected up the hill, Messer said. Last fall, some people in Uptown told me, I really support whatyoure doing, but Im going to hold back. I think people are willing to have that conversation now. Lets tone down the political rhetoric and just start withtalking about the facts.

    City Council members Amy Murray and Christopher Smitherman, however, question why anyone is considering the Uptown phase when construction onthe first phase isnt scheduled to be finished until September 2016.

    Any discussion about trying to build a second phase is financially reckless, Smitherman said. We dont have a budget for it, and we cant afford it.

    Connecting employment hubs makes it a commuter route

    Streetcar supporters and even some opponents contend the systems long-term success hinges on connecting two employment centers. That wouldallow the streetcar to become a commuter route, rather than simply an urban circulator.

    Backers say the streetcar is a key component to ongoing redevelopment efforts to lure people to live in Downtown and Over-the-Rhine and to work in theUptown neighborhoods. UC, Childrens and TriHealth rank among the regions five largest employers.

    An expanded streetcar could help get professors and students to UC, and doctors and nurses to Childrens, University of Cincinnati Medical Center,TriHealth and Christ Hospital.

    A problem, however, is that the original proposed route north on Vine Street to Corry Street at the southeast corner of UCs main campus does notdirectly connect to any of the hospitals, which are several blocks farther away.

    The Uptown Consortium, which represents UC, the zoo and most of the hospitals on business and community development, favors expanding the route.Representatives from most of the institutions either referred The Enquirer to the Consortium or did not return messages seeking comment.

    We believe using the streetcar to tie together the regions two most powerful employment hubs makes sense and can only foster economic developmentopportunities, Robinson, the Consortiums president and CEO, said in a prepared statement.

    However, Robinson continued: Fundamentally, the Consortium believes public infrastructure projects such as the streetcar should be financed,constructed, operated and maintained by municipalities. With the current focus of the streetcar on Downtown and any plans to extend the route toUptown likely several years away it is difficult to predict the future. At the present time, neither the Consortium nor any of its members are willing tocommit financially in any way to the streetcar.

    The Consortium also supported building a new interchange at Interstate 71 and Martin Luther King Jr. Drive, but opposed helping to foot the bill for similarreasons. That Kasich-driven project is scheduled to start this summer.

    Major Downtown companies, including Procter & Gamble and Kroger, have maintained their years-long silence on the streetcar. But others in the privatesector stepped up to save the projects first phase.

    The deep-pocketed Haile U.S. Bank Foundation and individual business leaders committed $9 million and pledged to raise more money to help coveroperating costs. That swung Councils vote to move forward with the project after a three-week construction pause.

    Its going to take a similar commitment to make the Uptown route possible, supporters say especially considering the current political climate andfunding hurdles.

    There has to be that private investment from the Uptown community, City Councilman Chris Seelbach said. We have to get those people on board. Itsthe fair thing to do that they participate in the building of a project that will give them a very high return on investment.

    Its not unprecedented for top hospitals to step up with big bucks to help pay for transit projects.

    In 2008, the Cleveland Clinic and University Hospitals agreed to pay $6.25 million for the naming rights on a $200 million bus rapid transit route thatconnects Clevelands top two jobs hubs. The deal called for the hospitals to pay up to $18 million if the citys transit agency met incentives to selladvertising.

    A special improvement district tax along the Uptown route also should be considered, Seelbach said. Such a district is a defined area in which propertyowners can vote to tax themselves to cover project costs. Its a more realistic option than it was for the first phase, Seelbach said. Uptown neighborhoodsalong the route do not have such a taxing district, but Downtown and parts of Over-the-Rhine already do.

    We should explore every possible way to pay for this, Seelbach said.

  • Vine ~treet obstacles

    If streetcar planners choose to pursue expanding the route to Uptown on Vine Street, theyll have to figure out how to relocate or work around a high-voltage underground power line.

    Duke Energy spokesman Blair Schroeder would not discuss specifics about the line, citing national security issues. He did say the Uptown phase issignificantly more complex than phase one, but Duke Energy is working with the city to find a solution.

    Underground utility relocation can be expensive and lead to cost overruns, because workers can find surprises when digging into century-old streets likeCincinnatis. The Vine Street utility line already is causing concern for those who have scrutinized the streetcars finances.

    Nobody knows what that price is going to be, said City Councilman Christopher Smitherman, referring to relocating the utility line.

    Planners originally chose Vine Street because its grade isnt so steep as other streets leading to Uptown, thus requiring less expensive engines for therail cars.

    Jason Williams

    Obstacles

    Complex, costly utility relocation

    Construction, operating costs unknown

    Final uptown route is uncertain

    Mayor, governor opposition

    UC, hospitals unwilling to pay

    Vine Street obstacles

    If streetcar planners choose to pursue expanding the route to Uptown on Vine Street, theyll have to figure out how to relocate or work around a high-voltage underground power line.

    Duke Energy spokesman Blair Schroeder would not discuss specifics about the line, citing national security issues. He did say the Uptown phase issignificantly more complex than phase one, but Duke Energy is working with the city to find a solution.

    Underground utility relocation can be expensive and lead to cost overruns, because workers can find surprises when digging into century-old streets likeCincinnatis. The Vine Street utility line already is causing concern for those who have scrutinized the streetcars finances.

    Nobody knows what that price is going to be, said City Councilman Christopher Smitherman, referring to relocating the utility line.

    Planners originally chose Vine Street because its grade isnt so steep as other streets leading to Uptown, thus requiring less expensive engines for therail cars.

    Jason Williams

    Obstacles

    Complex, costly utility relocation

    Construction, operating costs unknown

    Final uptown route is uncertain

    Mayor, governor opposition

    UC, hospitals unwilling to pay

  • cityofCINCINNATI

    OFFICE OF THECITY MANAGER

    February 26, 2014

    Judi CraigVice President, Area ManagerParsons Brinckerhoff312 Elm Street, Suite 2500Cincinnati, Ohio 45202

    Dear Judi,

    The City of Cincinnati has approved your revised proposal dated February 14, 2014 andsubmitted on February 19, 2014 by David Thurston to provide Scope and Budget Analysis andNEPA Approval services for Phase 2 of the Cincinnati Streetcar as attached.

    This work shall be performed under the City of Cincinnati Department of Transportation &Engineering Agreement for Architectural & Engineering Services (Contract No. 25x7222) forFederally Funded Planning & Engineering Services.

    The total fee for the work shall nat exceed $178,748.00.

    The City hereby provides Notice to Proceed with the Work.

    Chris EilermanAssistant to the City Manager

    Approved:

    Michael MooreDirector, Department of Transportation &Engineering

    801 Plum Street, Suite 152 Cincinnati, Ohio 45202-5706P 513 352 3241 F 513 352 6284 v~wwc~ncinnat~-oh.gov

    Sincerely,

    ~r Project Executive

  • Cincinnati StreetcarPhase 2 Planning, Scope, and Budget Development

    Parsons BrinckerhoffFebruary 14, 2014

    BackgroundThe Cincinnati Streetcar Project will transform the Citys urban core by connecting theCentral Business District to two redeveloping neighborhoods just north of Downtown:Over-the-Rhine (OTR), a low-income, minority community; and Uptown, the regionssecond largest employment center and home to the University of Cincinnati.

    Phase I of the Cincinnati Streetcar Project will construct 3.6 miles of single-trackedembedded in-street rail connecting downtown Cincinnati to Findlay Market and theOver-the-Rhine (OTR) Historic District. Phase I is a figure-8 loop approximately 3.6miles in length, extending from 2~ Street on the south to Henry Street on the north andconnecting key communities within the downtown core providing a viable complement toexisting transportation systems. A storage yard and small service facility will beconstructed for streetcar maintenance and ongoing systems operations. The streetcarwill be operated by SORTA, and will include up to five modern streetcar vehiclesprovided through a contract with CAF USA. The Southwest Ohio Regional TransitAuthority (SORTA) is the designated operator and maintainer of the streetcars, and isalso providing assistance to the City in conforming to federal procurement requirements.Construction of Phase I began in July 2013. Phase 1 construction is expected to becomplete in March 2016 with revenue service beginning in September 2016.

    Phase 2 of the Cincinnati Streetcar system is a one-mile connector up the hillsidebetween the northern terminus of Phase 1 and the Uptown area north of the Over-the-Rhine neighborhood. In 2009, the City conducted an Alternatives Study to determine aroute for the Phase 2 connector. The study identified Vine St. as the preferred route,and as part of the preliminary design for Phase 1, 30% design for the Vine St. alignmentwas developed. The connection includes double track along Vine Street, with thenorthbound leg connecting to Vine along Elder Street from Race Street, and thesouthbound leg connecting Vine Street to the Phase 1 alignment on Race Street alongFindlay Street. The Phase 2 connector would terminate at the top of the hill at CorryStreet.

    As part of the development of Phase 1, a substantial amount of environmental workrelated to Phase 2 was also completed. The initial Environmental Assessmentcompleted in 2010 for the Phase 1 NEPA compliance included the Vine Streetalignment as part of the study area, though the resulting Finding of No SignificantImpact (FONSI) does not cover the Phase 2 alignment. Since that time, the City hasselected a streetcar vehicle and through the Phase 1 design process, has identifiedother aspects of the Cincinnati Streetcar system design which will inform the remainingdesign of Phase 2.

  • The City seeks the services of a qualified consultant to provide assistance in furtherevaluating and developing the existing Phase 2 project planning effort in order todevelop a scope, budget, environmental approval, recommended delivery method, andother items for Phase 2 in order to optimally position the City to seek federal fundsthrough various ETA and USDOT grant programs and consider potential financingstrategies. The City would like to position the project into a shovel ready status.Phase 2 will be delivered in strict compliance with Federal Transit Administration (ETA)major capital investment requirements, including ETA procurement requirements, NEPArequirements, and Buy America requirements.

    The selected firm will perform the following duties as requested by the City throughTask Orders issued pursuant to its ultimate agreement with the City:

    Task 1.0: Phase 2 Scope and Budget Analysis

    Task 1.1: Review existing project documentation and develop a comprehensivePhase 2 Scope and Budget Analysis.

    Task 1.1.1 Review Existinci Phase 2 DesicinThe City of Cincinnati requires a detailed construction estimate to move the Phase 2scope of work forward. In order to create that estimate, PB will perform the followingactivities:

    Review the existing 30% plans. Create bid items and quantities for the 30% plans (based on the Citys standard

    bidding format). Review each bid item and apply appropriate engineering/construction contingency

    factors. Review the bid items and review with the City to apply appropriate risk-aversion

    contingency factors. Utilize existing City of Cincinnati streetcar bid items and apply values to each bid

    item. Create a list of widely-variable bid line items (e.g. 13.6kv oil filled buried line) and

    estimate the range of costs.

    Deliverables for this sub-task will be as follows:

    PDF set of reviewed 30% plans with comments and questions in comment resolutionform.

    Tabular data of bid items, quantities, unit costs, contingency factors, and extendedcosts for 30% design work. This tabular form will list the ranges of widely-variablecosts anticipated by the project.

    Minutes from Meeting with the City regarding risk-aversion contingency factors.

  • Task 1.1.2: Evaluate and develop assumptions for levels and models of serviceAn operating plan will be developed, using the Operating Plan developed in 2010 forPhase 1 as the base level of service. PB will work with SORTA to determine runningspeed and cycle times for the Phase 2 segment between Race/Findlay Market (at Elder)and Short Vine/Corry. This will be accomplished by evaluating simulated travel timeusing a bus, estimated dwell times at stations, turnaround/switch back time at the ShortVine/Corry terminus, and layover/recovery time.

    An analysis of layover/recovery time requirements will be developed based on: Method of operation to be determined by SORTA, including in-house

    operation. In-house operation will necessitate compliance with current laborcontract provisions regarding amount of layover/recovery time per hour/workshift.

    Standard U.S. streetcar practice. Alternative service frequency (headway) scenarios, in addition to the current

    frequency scenario (10 mm. peak, 15 mm. off-peak, 20 mm. evening).Alternative operating scenarios will be evaluated in terms of cycle and recovery time:

    All trips operate between Second and Corry. Trips alternate between Second and Race/Elder and Second and Corry (short

    turn-back at Findlay Market). All trips operate between Second and Race/Elder with streetcar shuttle

    between Race/Elder and Corry.

    Alternative scenarios will also be evaluated based on frequency and vehicle availability: No additions to the fleet currently being procured. Additional vehicle(s).

    This scope proposal includes a total of six (6) meetings with the City and/or SORTA togather and share information on this topic. The deliverable for this sub-task will be anOperations Plan Report that will include results of the analysis outline above. This willinclude a base model built on the 2010 operating plan assumption and alternativemodels, if deemed feasible, using alternative service frequencies and operatingscenarios. Rolling stock requirements will be identified and capital costs associatedwith rolling stock identified.

    Task 1 .1.3: Identify scenarios and estimated costs for utility relocationUtilities will be identified along the Phase 2 alignment in conjunction with the City ofCincinnati and individual providers. PB will also develop and recommend a strategy formitigating utility relocation costs. Specific items of work to be performed in this taskinclude:

    Send utility letters to involved utilities. Meet with representatives of affected utilities. Check and obtain available utility record data.

  • Verify that utilities of record are properly identified in the survey database whether bythe surveyor or added from available records.

    Create utility and quantity matrix/spreadsheet. Create an engineers estimate for design and construction. This will be based on

    quantities and utility furnished relocation pricing. Note: estimate will include line items for consultant design of storm and sanitary

    relocations, consultant coordination of design (by others) for gas, electric, telecom,water and telephone.

    Meetings and coordination with the City.

    Task 1.1.4: Evaluate and recommend potential delivery methodsPB will evaluate the benefits, costs, and risks, of alternative project delivery approachesbased on schedule assumptions; local market conditions; state and local authority;federal requirements; and project financial requirements. PB will evaluate design-build,CM/GC, design-bid-build and Public-Private Partnership delivery methods. PB willreview other current projects using the various methodologies. This will include anevaluation of the risk profile associated with each including the shift of risk between theowner and the contractor in a risk/reward analysis.

    As part of its evaluation, PB will interview City and SORTA staff to identify the ownercapacity for each of the potential methods, and to generate schedule.

    The deliverable for this sub-task will be a memorandum describing transit projectdelivery methods and their applicability to Phase 2 of the Cincinnati Streetcar. PB willcreate a risk/reward matrix for the delivery methods considered.

    Task 1.1.5: Develop Capital Proiect BudgetCreating the capital budget for the scope of work for Phase 2 of the Cincinnati Streetcarproject will be a complex endeavor. For this work to be useful and meaningful, severalitems will need to be considered and/or evaluated. Specifically:

    Utility Agreements to be known/understood. Level of Risk Aversion of the City.After this items are discussed and known, PB will review the existing operations and thecurrently under-review operations plan to ascertain the number of vehicles to add (aswell as modifications that might be required at the Maintenance Operations Facility),fundamental differences between Phase 1 and Phase 2, and ancillary andadministrative factors. Assumptions of the estimate will be included along with proposedmitigations that could be utilized to reduce either the risk or unknowns of the estimate.

    PB will then utilize the estimate provided in 1.1.1 and the vehicle and ancillary itemsabove, apply contingency factors and create a capital budget.

    Initially, this budget will be based on the Work Breakdown Structure for the project(which will be helpful when evaluating contracting methods) but will also contain theFTAs Standard Cost Category (SCC) by line item. This methodology will aid the City in

  • quickly being able see what if scenarios created by cost estimate bid items changes inthe SCC format quickly and easily. This estimate will include escalation, contingencyand hard and soft overhead costs.

    The deliverables for this sub-task include the following:

    Excel Spreadsheet with cross referenced WBS and SCC codes (by line). Accompanying discussion of assumptions and proposed mitigation methods to

    reduce risk and/or unknowns.

    Task 2.0 Phase 2 NEPA ApprovalTask 2.1: Review Existing NEPA DocumentationPB will review existing NEPA related documentation for the project, as provided by theCity, to develop a plan for achieving final NEPA approval for a 4.9-mile StreetcarProject. It is expected that this document includes, at a minimum, the following:

    Cincinnati Streetcar Project Environmental Assessment (March 21, 2011),Summary of Public Comments, Section 106 Memorandum of Understanding, andTechnical Reports.

    Cincinnati Streetcar Supplemental Environmental Assessment (May 23, 2011)and Technical Reports.

    Cincinnati Streetcar Project Finding of No Significant Impact (June 10, 2011). Cincinnati Streetcar Project Finding of No Significant Impact Addendum

    (February 29, 2012).In addition, the Team will review all NEPA regulations and guidance issued by the USCouncil on Environmental Quality (CEQ) and ETA, as appropriate to the Project and tomodifications to Federal environmental determinations, to ensure that the plan is in fullFederal compliance.

    This scope and estimate do not include a re-evaluation of the original EA document forthis project. A FONSI was issued for this project on June 10, 2011. Because nosignificant changes in the environmental conditions within the study have occurred, it isbelieved that a re-evaluation of the EA will not be necessary.

    The deliverable for this task will be a memorandum outlining the plan for achieving anamended FONSI.

    Task 2.2: Develop Necessary NEPA Documentation for Phase 2 ApprovalConsistent with ETAs previous position on the Cincinnati Streetcar Project that thescope of the FONSI align with the likelihood of Federal financial participation, the Teamshall prepare a Federal financial strategy for securing the capital funding necessary tocomplete the 4.9 mile alignment reviewed in the EA. This strategy will include ananalysis of the Projects competitiveness for discretionary Small Starts or TIGERfunding. This analysis shall be based upon the best available ridership, cost (asprepared consistent with Task 1), and other information, consistent with ETAs Policy

  • Guidance on New Starts and Small Starts (August 2013) and the latest criteriapromulgated by USDOT for the TIGER program.

    If it is seriously considering Small Starts funding, the City of Cincinnati may wish torequest ETA approval to enter Project Development. At the direction of the City, theTeam shall prepare a Project Development request which fully complies with ETAguidance.

    Deliverables for this task will be: A memorandum on the Estimated Small Starts Rating, a strategy for

    demonstrating optimal competitiveness for TIGER funding and the Federalformula and flexible funding opportunities.

    Letter and Supporting Documentation for Request to Enter Small Starts ProjectDevelopment.

    Task 2.3: Public Involvement SupportThis task will provide for public involvement support to the City of Cincinnati and publicoutreach activities for Phase 2 of the Cincinnati streetcar system.Public involvement support and outreach will include:

    Preparation of information/materials for a maximum of three meetings orbriefings.

    Preparation of answers to questions and comments arising from the threemeetings or briefings.

    Preparation and attendance at one public meeting. If required by the FederalTransit Administration, one public meeting will be held to present the Phase 2alternative and environmental analysis completed for this streetcar segment. Thepublic meeting will be conducted in an open-house format. It is assumed thatthere will not be a presentation or question and answer session. Meetingmaterials will include a maximum of 10 exhibit boards, sign in sheets, onehandout (150 copies), and one comment sheet (150 copies). A maximum of 5consultants from the project team will attend the meeting.

    Preparation of a public meeting summary, which will include: a table ofcomments and responses to those comments (individual response letters will notbe prepared); copies of the exhibits, sign in sheets, the handout and writtencomments. (A maximum of one revision)

    The City of Cincinnati will be responsible for publishing legal notices announcing themeeting and availability of the Phase 2 NEPA document in local newspapers.

  • Cincinnati Streetcar - Phase 2 Planning, Scope and Budget DevelopmentPRICE PROPOSAL

    CONSULTANT: Parsons Brinckerhoff, Inc.

    DATE: 26-Feb-14

    Total TotalTask - Description Hours Cost

    Task 1.0 Phase 2 Scope and Budget Analysis1.1 Develop Comprehensive Phase 2 Scope/Budget

    1.1.1 Review Existing Phase 2 Design 116 $ 18,0921.1.2 Develop Service Level and Model Assumptions 136 $ 27,7331.1.3 Identify Utilities 264 $ 33,4281.1.4 Evaluate Potential Delivery Methods 100 $ 22,8321.1.5 Develop Capital Project Budget 96 $ 14,924

    Task 2.0 Phase 2 NEPA Approval2.1 Review Existing Documents 36 $ 8,1522.2 Develop remaining documents for NEPA approval 100 $ 24,3582.3 Public Involvement 118 $ 18,506

    Direct Expenses $ 10,723Grand Totals 966 $ 178,748

  • ESTIMATED DIRECT NON-LABOR COSTSCONSULTANT: Parsons BrinckerhoffTRAVEL

    Airline Flights 4 Trips x $425.000 Ticket Fare = $ 1,700Site 0 Miles/Trip x 2 Trips x $0.550 per Mile = $ -District 0 MilesiTrip x 0 Trips x $0.550 per Mile = $ -Other 0 Miles/Trip x 5 Trips x $0.550 per Mile = $ -Car Rental 2 Days/Trip x 4 Trips x $50.00 per Trip = $ 400

    SUBSISTENCEHotel 8 Night(s) x 1 Persons @ $80.00 per Night 640Meals 12 Day(s) x 1 Persons @ $40.00 per Day 480

    CADD/COMPUTER & REPRODUCTIONReproduction (B&W) 5,000 Copies x 1 Pages/Copy x $0.10 per Page = $ 500Reproduction (Color) 2,500 Copies x 1 Pages/Copy x $0.25 per Page = $ 625Plots Units x $1.50 per Unit = $ -SE 0 Units x $6.00 per Unit $ -Mylars 0 Sheets x $9.00 per Sheet = $ -Prints 2,500 Sheets x $1.50 per Sheet = $ 3,750

    OTHERAlignment Video 0 LS x $30,000.00 per Call = $ -PB Directs 0 Packages x $30,000.00 per Package = $ -Postage & Handling 100 Units x $0.48 per Unit = $ 48Sub-consultant Directs 1 LS x $0.00 per Package = $ -Telephone 16 Calls x $5.00 per Call = $ 80Postage & Handling 0 Packages x $5.00 per Package = $ -Postage & Handling 0 Units x $0.39 per Unit = $ -Overnight 0 Packages x $10.00 per Package = $ -Exhibits 10 Displays x $250.00 per Display = $ 2,500

    DIRECT NON-LABOR COST TOTAL = $ 10,723

  • CITY OF CINCINNATIDEPARTMENT OF TRANSPORTATION & ENGINEERING 2 x 7.2,2 2.

    Cont~t No. __________Agreement

    for Architectural and Engineering Services

    This Agreement Is made arid entered into on the Effective Date (as defined on the signature page hereof)by and between the City of Cincinnati, an Ohio municipal corporation, the address of which for purposes of thisAgreement Es801 Plum Street, Cincinnati, OH 45202; Attention: DOTE (the City), and PUSctI~ Brir~1~d-Dff,~p.a Corp. organized under the laws of the State of N.Y. . the address of which is 312 ELm St.., Si ri t~ 2~LT~(Consultant). Gircin-iati, chk, 45202

    Recitals:

    A. The Citys Department of Transportation & Engineering (DOTE) desires to Implement its fundedCapital Improvement Program during the years 2012 through 2015 and does not have a sufficient staff of permanentemployees to complete the Program.

    B. DOTE serves as an engineering and!or architectural consultant to various City agencies to designandlor coordinate the operation of Capital Improvement Programs of these other agencies, including constructionmanagement services on an as-needed basis.

    C. DOTE also functions in close cooperation with the Hamilton County Engineer and providesengineering services in accordance with CitylCounty agreements.

    D. From time to time the City requires architectural and engineering services in various disciplines toenhance DOTEs expertise In connection with specific City duties and projects, including without limitation newconstruction, rehabilitation, or additions such as buildings, bridges, roadways, and airport facilities.

    E. Consultant employs skilled, competent and experienced professional engineers and/or architects andrelated personnel and has equipment to perform these necessary services.

    F. Consultant has been selected to provide services to the City, on an as-needed basis, in accordancewith the City Managers Administrative Regulation No. 23, dated February 3, 1997.

    G. Consultants services are professional and noncompetitive in nature.

    NOW THEREFORE, for and In consideration of the promises, covenants and agreements herein contained,the parties agree as follows:

    1. TERM.

    (A) Term. The term (Term) of this Agreement shall commence on April 1. 2012 and, unless soonerterminated as herein provided, shall expire on March 31, 2015 (the Expiration Date); provided, however, that if theCity assigns work to Consultant under this Agreement prior to the Expiration Date but the work is not completed untilafter the Expiration Date, the Term shall continue until such time as the work has been completed.

    (B) Early Termination. Notwithstanding the Expiration Date specified above, the City may terminate thIsAgreement, for any reason or no reason, by giving Consultant no less than thirty (30) days prior written notice thereof.Upon the termination of this Agreement, Consultant shall promptly deliver to the City all finished and unfinished Work

    (00015229-1)Page lot 10

  • Product (as defined in section 11 below). Upon the termination of this Agreement, the City shall compensateConsultant for all work satisfactorily completed through the effective date of the termination.

    2. SERVICES.

    (A) Scope of Services (Generaj). A list of the general types of architectural andlor engineering servicesthat Consultant is willing and able to provide to the City under this Agreement is attached hereto as Exhibit A (Scope ofServices). The parties acknowledge that, throughout the Term, the City may ask Consultant to provide some, all, ornone of the services described on Exhibit A. Consultant acknowledges and agrees that the City shall have noobligation to assign any work to Consultant under this Agreement.

    (B) Specific Projects: Notice to Proceed. From time to time and on an as-needed basis, the City shallassign work to Consultant under this Agreement for specific projects (each, a ProJect~), as follows: (I) the City shallsend to Consultant a scope of work for the Project; (ii) Consultant shall prepare and send to the City a proposedbudget for the Project, based upon anticipated hours and rates, which shall specify a not to excee& dollar amount; (iii)if and when the City and Consultant mutually approve the budget (as so approved, the Budget), the City shall certifythe funds for the Project through the Citys Finance Department, and (iv) the City shall issue a Notice to Proceed,instructing Consultant to proceed with the work.

    (C) Standards. Consultant shall perform all work in a satisfactory, timely and proper manner asdetermined by the City and in accordance with applicable and accepted professional and industry standards.

    3. COMPENSATION.

    (A) Compensation.(I) Fee Schedules. For each Project, the City shall pay Consultant in accordance with the fee

    schedules attached as Exhibit B hereto (Fee Schedules). In the event it becomes necessary to amend the FeeSchedules due solely to regulatory changes or technological innovations that may cause changes in the cost ofservices provided under this Agreement, Consultant shall submit a written proposal to the City requesting a change inthe Fee Schedules, which proposed changes may be approved or denied by the City in its sole discretion. if theproposed changes are approved by the City, this Agreement shall be amended for the purpose of substituting the FeeSchedules attached hereto as Exhibit B with the revised Fee Schedules. Consultant shall not be entitled to anycompensation for any work unless such work is provided for in an approved Budget and described in a Notice toProceed.

    (ii) Overtime. Any overtime rates shown on Exhibit B shall be paid for work that is performed onweekends, holidays recognized by the City, and between the hours of 6:00 P.M. and 4:00A.M.; provided, however, thatConsultant shall not be paid for any overtime unless the overtime has been pre-approved by the City Engineer.

    (lii) Maximum Compensation. The parties presently anticipate that the compensatlon to Consultantunder this Agreement will exceed $25,000. Notwithstanding anything in this Agreement to the contrary, under nocircumstances shall the compensation payable to Consultant under this Agreement exceed $500,000 per Project, and$2,000,000 for all Projects combined.

    (iv) Additional Services. If the City requests Consultant to provide services that are not provided forin an approved Budget or described in a Notice to Proceed, and if Consultantagreesto provide such services, the Cityshall pay for such services at Consultants applicable rate(s) as shown on the Fee Schedules, plus 115% of the cost ofmaterials.

    (v) Field Technicians. The City acknowledges that Consultant may charge a minimum of two(2) hours for field technicians working on-call.

    {00015229-i}Page2of 10

  • (vi) Reimbursable Exnenses. Subject to pro-approval by the City Engineer, which may be grantedor denied by the City Engineer In his sole discretion, the City shall reimburse Consultant fon

    (a) cost of travel outside the Cincinnati Metropolitan Statistical Area;(b) cost of equipment rental plus a 5% markup;(c) any other out-of-pocket expenses incurred by Consultant in connection with a Project that

    were not anticipated at the time the Budget for the Project was prepared and approved.(B) Method of Payment, During each Project, Consultant shall request payment for completed work by

    submitting a requisition for payment using City Form No. 37 Claim Voucher/Invoice. In requesting payment for aparticular service, Consultant shall reference the specific line item in the Budget. Consultant shall provide the City withcopies of invoices and such other supporting documentation and information as the City may reasonably request tosubstantiate Consultants request for payment.

    4. COMPLIANCE WITH APPLICABLE LAWS.

    Consultant shall obtain and maintain all necessary permits, licenses and other governmental approvals andshall comply with all applicable federal, state and local laws, codes, ordinances and other governmental requirementsapplicable to each Project, including without limitation those set forth on Exhibit C (Additional City Requirements)hereto.

    5. INSURANCE~ INDEMNITY.

    (A) Insurance. Throughout the Term of this Agreement, Consultant shall maintain the followinginsurance: (i) Commercial General Liability insurance in the amount of not less than $1,000,000 per occurrence,combined single limit, $2~000,000 aggregate, with excess/umbrella coverage of $2,000,000, naming the City as anadditional insured, (ii) Professional Liability Insurance (aka errors and omissions) in the amount of not tess than ~~-$1,000,000, $2,000,000 aggregate, naming tho-City oo-on-odditloneHneured, (iii) worker~s compensation insurance in such amount as required by law, (iv) any and all insurance as may be required by Consultants lenders, and (v) suchother insurance as may be reasonably required by the Citys Office of Risk Management. Consultants insurancepolicies shall (a) be written in standard form by companies of recognized responsibility and credit reasonablyacceptable to the City, that are authorized to do business In Ohio, and that have an A.M. Best rating of A VI? or better,and (b) provide that they may not be canceled or modified without at least thirty (30) days prior written notice to theCity. Consultant shall provide an acceptable certificate of insurance to the City, evidencing the liability insurancedescribed above, upon Consultants execution of this Agreement.

    (B) Waiver of Subronation. Consultant hereby waives all claims and rights of recovery, and on behalf ofConsultants insurers, rights of subrogation, against the City, Its employees, agents, contractors and subcontractorswith respect to any and all injuries, damages or losses that are covered or that would ordinarily be covered by theinsurance required under this Agreement to be maintained by Consultant, even if such injury, loss or damage arisesfrom the negligence of the City, its employees, agents, contractors or subcontractors; it being the agreement of theparties that Consultant shall at all times protect itself against such injuries, losses and damages by maintainingadequate insurance. Consultant shall cause its insurance poIicie~ as applicable, to include a waiver of subrogationprovision consistent with the foregoing waiver. C~xd~ ~ ~ L~b~ ~

    (C) General Indemnity. Notwithstanding anything in this Agreement to the contrary, as a materialinducement to the City to enter into this Agreement, Consultant shall defend, indemnify and hold the City, Its officers,council members, employees and agents (collectively, the Indemnified Parties) harmless from and against any andall actions, suits, claims, losses, costs (including without limitation attorneys fees), demands, judgments, liability anddamages suffered or incurred by or asserted against the Indemnified Parties as a result of or arIsing from the acts ofConsultant, its agents, employees, contractors, subcontractors, licensees, invitees or anyone else acting at the requestof Consultant in connection with each Project, including without limitation those arising from personal injuries orproperty damage.

    (00015229-1)Page 3 of 10

  • 6. DEFAULT.

    If Consultant violates any provision of this Agreement and faBs to correct such violation to the satisfaction ofthe City within ten (10) days after receiving written notice thereof from the City, the City may (1) undertake such actionas the City deems appropriate to correct or otherwise address such violation, whereupon Consultant shall pay all costsincurred by the City in doing so within ten (10) days after the Citys written demand, (ii) terminate this Agreement bygiving no less than five (5) days written notice thereof to Consultant, and (iii) exercise any other right or remedyavailable to the City at law or in equity. All rights of the City under this Agreement are cumulative. Consultant shallpay, upon the Citys demand, all costs and damages, including without limitation reasonable attorneys fees, suffered orincurred by the City in connection with a default of Consultant under this Agreement, including without limitation costsincurred In enforcing or terminating this Agreement following a default, If at the time of termination Consultant isentitled to compensation from the City for work satisfactorily completed, the City may deduct the amount of the Cityscosts and damages from its payment to Consultant. The Citys waiver of any breach by Consultant of any provision ofthis Agreement shall not constitute or operate as a waiver by the City of any other breach of such provision or of anyother provisions, nor shall any failure or delay by the City to enforce any provision hereof operate as a waiver of suchprovision or of any other provision.

    7. NOTICES.

    All notices given by the parties hereunder shall be deemed given if personally delivered, or delivered byFederal Express, UPS or other recognized overnight courier, or mailed by U.S. registered or certified mail, postageprepaid, return receipt requested, addressed to the parties at their addresses set forth in the introductory paragraph ofthis Agreement or at such other addresses as either party may designate by notice to the other party given in themanner prescribed herein. Notices shall be deemed given on the date of receipt. If Consultant sends a notice to theCity alleging that the City is in default under this Agreement, Consultant shall simultaneously send a copy of suchnotice by U.S. certified mail to: City Solicitor, City of Cincinnati, 801 Plum Street, Room 214, Cincinnati, OH 45202.

    8. REPORTING REQUIREMENTS.(A) Submission of Records and Reoorts; Records Retention. Consultant shall collect, maintain, and

    furnish to the City upon the Citys request such accounting, financial, business, administrative, operational and otherreports, records, statements and information as may be requested by the City pertaining to Consultant, each Project, orthis Agreement, including without limitation audited financial statements, bank statements, and such reports andinformation as may be required for compliance with programs and projects funded by the City, Hamilton County, theState of Ohio, or any federal agency (the records and reports required under this paragraph to be submitted byConsultant to the City being referred to herein collectively as Records and Reports). Consultant shall retain itsRecords and Reports for a minimum of three (3) years following the completion of each Project.

    (B) Citys Right to Inspect and Audit. During each Project, Consultant shall permit the City and itsdesignees and auditors to have reasonable access to and to Inspect and audit Consultants Records and Reports. inthe event any such inspection or audit discloses a material discrepancy with information previously provided byConsultant to the City, Consultant shall reimburse the City for its out-of-pocket costs associated with such Inspection oraudit.

    9. CERTIFICATION AS TO NON-DEBARMENT.Consultant certifies that neither it nor any of its shareholders, officers, members or partners are presently

    debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in thetransactions covered bythis Agreement. lfduringtheTerm Consultantoranyof itsshareholders, officers, membersorpartners become debarred or suspended, the same shall constitute a default under this Agreement, whereupon thisAgreement shall automatically terminate and Consultant shall return any and all funds that it received from the Cityprior to the effective date of such debarment or suspension, without limitation of the Citys otherrights and remedies.

    {00015229-1}Page 4 of 10

  • 10. INDEPENDENT CONTRACTOR.

    Consultant shall perform all work under this Agreement as an independent contractor and not as an officer1agent, servant, or employee of the City. Consultant shall have the exclusive right to control the details of all workperformed hereunder and all persons performing such work, and shall be solely responsible for the acts and omissionsof its officers, agents, employees, contractors and subcontractors. Nothing herein shall be construed as creating apartnership or joint venture between the City and Consultant. No person performing any of the work hereunder shallbe deemed to be an officer, agent or employe