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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:
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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
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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.
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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
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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
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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
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(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
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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
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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
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(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
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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
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EXHIBIT A
SCOPE OF SERVICES
SEE ATTACHED
(00015229-1) Page 8 of 10
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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.
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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.
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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
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EXHIBIT B
FEE SCHEDULES
SEE ATTACHED
(00015229-1) Page 9 of 10
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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(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
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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
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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