Professional Documents
Culture Documents
Uptown Streetcar Contracts
Uptown Streetcar Contracts
Uptown Streetcar Contracts
CINCINNATI
OFFICE OF THE
CIT~ MANAGER
Chris Eilerman
Assistant to the City Manager
Approved:
Michael Moore
Director, Department of Transportation &
Engineering
2/11/2014
Mr. Chris Eilerman
Assistant to the City Manager
City of Cincinnati
City Hall, Rm. 110
801 Plum Street
Cincinnati, 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-Cost
Analysis (BCA) for the Cincinnati Streetcar Uptown Connector for inclusion with the Citys
TIGER VI grant application. All proposed work will be performed under the City of Cincinnati
Department of Transportation & Engineering Agreement for Architectural and Engineering
Services (No. 25x7205) for Federally Funded Planning and Engineering Services.
Scope of Work
HDR will revisit the BCA and update the Economic Impact Analysis (EIA) for Cincinnatis
Uptown Connector streetcar extension, in support of an application for upcoming TIGER VI
funds. For Cincinnatis TIGER III applications, HDR prepared a BCA for both the Uptown
Connector streetcar extension and a southern extension, but only the southern extension
received
a grant. For the
TIGER VI Uptown
ConnectorUpdate
streetcar
extension, HDR
will leverage
its~ribd~kWhile
eh~Uri~t~~the
rev~d~
~
fon~TIGERVr
application meets USDOTs current requirements.
To update the BCA, HDR will separate out the Uptown Connector portions of the model and
update the framework and inputs. More specifically, HDR would need to use updated
ridership 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 of
time). In addition, HDR would review the TIGER III model against the updated and more
extensive USDOT TIGER Guidelines developed for the rounds subsequent to TIGER III and
make any necessary calculation and/or reported adjustments. Once final results are checked
and reviewed, HDR will revisit the analysis, paying particular attention to any differences in
beneficiaries (particularly low-income users) and timing of benefits under the current extension
plans.
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 accurately
model current economic conditions.
Schedule
The total estimated time for the work is six (6) weeks from Citys Notice to Proceed.
Phone: (513~98475OO
Fax (513) 984-7580
www.hdrinc.com
Fee
The total fee for the work proposed herein shall not exceed $22,500. The fee components are
detailed in Attachment A Fee Schedule. Invoicing shall be performed in accordance with the
current term agreement.
~
Submitted By: __________________________
Christian H. Nyberg, P.E
Senior Project Manager
HDR Engineering, Inc.
___
Date:
2-1 1-14
Project
Manager
Economist!
Lead Modeler
j
Hourly Rate:
$165.O
Sr Economist!
Economist!
Economic
Impact Analysis
Modeling
Support
Total Hours
$i1O,0O
$155.00
22
$3,480
4
8
4
8
12
$1,420
16
$1,600
4
24
10
40
$1,310
$4,030
$90.o
..
1
Task 2
Task 3
Data. Collection
: Task
. V
V.
Task 4
: Task 5
~ Task 6
Results Review
16
;.
V V
V V
.:
Econ.miclmpactAnalysis.
Task8
DraftandFinalApplication.EconomicsSections
V~V
2
2
Task 7
:..:
. ..
Task 9
Draft Supporting Documentation
Total Labor Costs
V..
..
...
2
30
14
$690
10
20
$2,600
16
32
$3,600
8
44
8
34
12
80
$3,530
$22 260
188
$240
..
..
$22,500
CITY OF CINCiNNATI
DEPARTMENT OF TRANSPORTATION & ENGINEERING
~5x720 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 this
Agreement 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 funded
Capital Improvement Program during the years 2012 through 2015 and does not have a sufficient staff of permanent
employees to complete the Program.
B.
DOTE serves as an engineering and/or architectural consultant to various City agencies to design
and/or coordinate the operation of Capital Improvement Programs of these other agencies, including construction
management services on an as-needed basis.
C.
DOTE also functions in close cooperation with the Hamilton County Engineer and provides
engineering services in accordance with City/County agreements.
D.
From time to time the City requires architectural and engineering services in various disciplines to
enhance DOTEs .expertise in connection with specific City duties and projects, including without limitation new
construction, rehabilitation, or additions such as buildings, bridges, roadways, and airport facilities.
E.
Consultant employs skilled, competent and experienced professional engineers and/or architects and
related 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 accordance
with the City Managers Administrative Regulation No. 23, dated February 3, 1997.
0.
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 sooner
terminated as herein provided, shall expire on March 3~L2015 (the Expiration Date); provided, however, that if the
City assigns work to Consultant under this Agreement prior to the Expiration Date but the work is not completed until
after 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 this
Agreement, 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 compensate
Consultant 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 services
that Consultant is willing and able to provide to the City under this Agreement is attached hereto as Exhibit A (Scope of
Services). The parties acknowledge that, throughout the Term, the City may ask Consultant to provide some, all, or
none of the services described on Exhibit A. Consultant acknowledges and agrees that the City shall have no
obligation 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 shall
assign work to Consultant under this Agreement for specific projects (each, a Projecr), as follows: (I) the City shall
send to Consultant a scope of work for the Project; (ii) Consultant shall prepare and send to the Cfty a proposed
budget 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 certify
the 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 as
determined 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 Fee
Schedules due solely to regulatory changes or technologIcal innovations that may cause changes in the cost of
services provided under this Agreement, Consultant shall submit a written proposal to the City requesting a change in
the Fee Schedules, which proposed changes may be approved or denied by the City in its sole discretion. If the
proposed changes are approved by the City, this Agreement shall be amended for the purpose of substituting the Fee
Schedules attached hereto as Exhibit B with the revised Fee Schedules. Consultant shall not be entitled to any
compensation for any work unless such work Is provided for in an approved Budget and described in a Notice to
Proceed.
(ii) Overtime. Any overtime rates shown on Exhibit B shall be paid for work that is performed on
weekends, holidays recognized by the City, and between the hours of 6:00 P.M. and 4:00 AM.; provided, however, that
Consultant 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 Consultant
under this Agreement will exceed $25,000. Notwithstanding anything in this Agreement to the contrary, under no
circumstances 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 for
in an approved Budget or described in a Notice to Proceed, and if Consultant agrees to provide such services, the City
shall pay for such services at Consultants applicable rate(s) as shown on the Fee Schedules, plus 115% of the cost of
materials.
(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 granted
or 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 a
particular service, Consultant shall reference the specific line item in the Budget. Consultant shall provide the City with
copies of invoices and such other supporting documentation and information as the City may reasonably request to
substantiate Consultants request for payment.
4.
Consultant shall obtain and maintain all necessary permits, licenses and other governmental approvals and
shall comply with all applicable federal, state and local laws, codes, ordinances and other governmental requirements
applicable 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 following
insurance: (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 an
additional 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 in
such amount as required by law, (lv) any and all insurance as may be required by Consultants lenders, and (v) such
other insurance as may be reasonably required by the Citys Office of Risk Management. Consultants insurance
policies shall (a) be written In standard form by companies of recognized responsibility and credit reasonably
acceptable 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 the
City. Consultant shall provide an acceptable certificate of insurance to the City, evidencing the liability insurance
described above, upon Consultants execution of this Agreement.
(B)
Waiver of Subrogation. Consultant hereby waives all ciaims and rights of recovery, and on behalf of
Consultants insurers, rights of subrogation, against the City, Its employees, agents, contractors and subcontractors
with respect to any and all Injuries, damages or losses that are covered or that would ordinarily be covered by the
insurance required under this Agreement to be maintained by Consultant, even if such injury, loss or damage arises
from the negligence of the City, its employees, agents? contractors or subcontractors; it being the agreement of the
parties that Consultant shall at all times protect Itself against such injuries, losses and damages by maintaining
adequate insurance, Consultant shall cause its insurance policies, as applicable, to Include a waiver of subrogation
provision consistent with the foregoing waiver.
(C)
General Indemnity. Notwithstanding anything in this Agreement to the contrary, as a material
inducement 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 and
all actions, suits, claims, losses, costs (including without limitation attorneys fees), demands, judgments, liability and
damages suffered or incurred by or asserted against the Indemnified Parties as a result of or arising from the,~~f e
Consultant, its agents, employees, contractors, subcontractors, licensees, invitees or anyone else acting at the requ~S
of Consultant in connection with each Project, Including without limitation those arising from personal injuries or
property damage.
{00015229-1}
Page 3 of 10
,~j
6.
DEFAULT.
If Consultant violates any provision of this Agreement and fails to correct such violation to the satisfaction of
the City within ten (10) days after receiving written notice thereof from the City, the City may (I) undertake such action
as the City deems appropriate to correct or otherwise address such violation, whereupon Consultant shall pay all costs
incurred by the City in doing so within ten (10) days after the Citys written demand, (ii) terminate this Agreement by
giving no less than five (5) days written notice thereof to Consultant, and (iii) exercise any other right or remedy
available to the City at law or in equity. All rights of the City under this Agreement are cumulative. Consultant shall
pay, upon the Citys demand, all costs and damages, including without limitation reasonable attorneys fees, suffered or
incurred by the City in connection with a default of Consultant under this Agreement, Including without limitation costs
incurred in enforcing or terminating this Agreement following a default, If at the time of termination Consultant is
entitled to compensation from the City for work satisfactorily completed, the City may deduct the amount of the Citys
costs and damages from its payment to Consultant. The Citys waiver of any breach by Consultant of any provision of
this Agreement shall not constitute or operate as a waiver by the City of any other breach of such provision or of any
other provisions, nor shall any failure or delay by the City to enforce any provision hereof operate as a waiver of such
provision or of any other provision.
7.
NOTICES.
All notices given by the parties hereunder shall be deemed given if personally delivered, or delivered by
Federal Express, UPS or other recognized overnight courier, or mailed by U.S. registered or certified mail, postage
prepaid, return receipt requested, addressed to the parties at their addresses set forth in the introductory paragraph of
this Agreement or at such other addresses as either party may designate by notice to the other party given in the
manner prescribed herein. Notices shall be deemed given on the date of receipt. If Consultant sends a notice to the
City alleging that the City is in default under this Agreement, Consultant shall simultaneously send a copy of such
notice 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, and
furnish to the City upon the Citys request such accounting, financial, business, administrative, operational and other
reports, records, statements and information as may be requested by the City pertaining to Consultant, each Project, or
this Agreement, including without limitation audited financial statements, bank statements, and such reports and
information as may be required for compliance with programs and projects funded by the City, Hamilton County, the
State of Ohio, or any federal agency (the records and reports required under this paragraph to be submitted by
Consultant to the City being referred to herein collectively as Records and Reports~). Consultant shall retain Its
Records 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 its
designees and auditors to have reasonable access to and to inspect and audit Consultants Records and Reports. In
the event any such inspection or audit discloses a material discrepancy with information previously provided by
Consultant to the City, Consultant shall reimburse the City for its out-of-pocket costs associated with such Inspection or
audit.
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 the
transactions covered by this Agreement. If during the Term Consultant or any of its shareholders, officers, members or
partners become debarred or suspended, the same shall constitute a default under this Agreement, whereupon this
Agreement shall automatically terminate and Consultant shall return any and all funds that it received from the City
prior 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 work
performed hereunder and all persons performing such work, and shall be solely responsible for the acts and omissions
of its officers, agents, employees, contractors and subcontractors, Nothing herein shall be construed as creating a
partnership or joint venture between the City and Consultant. No person performing any of the work hereunder shall
be deemed to be an officer, agent or employee of the City, nor shall any such person be entitled to any benefits
available or granted to employees of the City.
ii.
(A)
Work Product. All architectural and engineering drawings, working papers, reports, and other
materials produced by Consultant for the City under this Agreement, including without limitation all computer software
and applications developed by or for Consultant in connection with any Project (collectively, Work Produce), shall be
deemed to have been paid for by the City and shall become the property of the City as and when created. Consultant
shall 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 seek
any patents or trademarks with respect to any Work Product, nor shall Consultant assert.ownership or protection of
any Work Product on the basis that it contains trade secrets or other proprietary information or that it constitutes socalled intellectual property under applicable law.
(C)
Confidentiality. Consultant shall keep all Work Product confidential and shall not disclose or distribute
it to third parties without the Citys prior express written authorization. Consultant shall put the necessary safeguards in
place 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 this
Agreement, 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 to
the 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 Hamilton
County Court of Common Pleas, and Consultant agrees that venue in such court is proper. The parties hereby waive
trial 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 be
enforceable 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 the
context hereof and are only guides to assist in locating such sections and paragraphs and shall be ignored in
construing 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 force
and effect.
(H)
~ Time is of the essence with respect to the performance by Consultant of its obligations under
this Agreement.
(1)
No Third Party Beneficiaries. The parties hereby agree that no third party beneficiary rights are
intended 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 the
parties execution of this Agreement,
(K)
Non-Exclusive Agreement. This is a nonexctusive agreement for professional services. The City may
procure 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 City
under this Agreement shall be effective to the extent authorized and permitted by applicable law. None of those
representations, 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 than
his 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 Schedules
Exhibit C Additional City Requirements
-
Date).
Executed by the parties on the dates indicated below, effective as of the later of such dates (the Effective
~
City of Cincinnati
By:__________
Milton Dohoney, Jr., City Manager
~ /
.
Date:
3/ 1 Z.-~ / ,2012
By:
U,~
Title:
Date:
(J~
~.
~
Director, Department of Transportation and Engineering
{00015229-1}
Page 6 of 10
S~. -~L~~
LLP VSIL~L~4.
2S,2012
Approved as to Form:
Assistant City S1icit~
(~)
MAR 0 1 2012
{O0015229~1)
Page 7 of 10
EXHIBIT A
SCOPE OF SERVICES
SEE ATTACHED
(00015229-1)
Page 8 of 10
Right-of-way plans
Site reconnaissance & photography
Coordination with other agencies
Environmental documents
Specifications
Interim and final reports
Related reports
Atlendance at public meetings
Utility coordination
Shop drawing review
As-built drawings
Any services not specifically listed above may be provided In conjunction with those services
listed 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 representative
designated by a Department of Transportation & Engineering Division Head. When the
services of the Consultant are needed, a Scope of Services meeting will be called by the
Agency representative. Any work to be performed under this Contract may be authorized by
signature of a Department of Transportation & Engineering Division Head.
Actual services assigned under this Contract will be identified in a written Scope of Services
specific 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 the
City. All projects initiated under this Contract shall be sequentially numbered and all
documentation and billing shall reference both the Contract number and the project number
and name.
SCOPE OF SERVICES
The Consulting Services to be provided under this contract for Highway Engineering Services
may include any of the following:
Right-of-way plans
Investigations & inspections
Planning & feasibilfty studies
Construction cost estimates
Detailed contract plans
Community input exhibits
Engineering cost estimates
Related engineering & surveying services
Equipment rental
Condition studies
Preparation of change orders
Preliminary engineering
Site reconnaissance & photography
Coordination with other agencies
Environmental documents
Specifications
Interim and final reports
Related reports
Attendance at public meetings
Utility coordination
Shop drawing review
As-built drawings
Any services not specifically listed above may be provided in conjunction with those services
listed 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 representative
designated by a Department of Transportation & Engineering Division Head. When the
services of the Consultant are needed, a Scope of Services meeting will be called by the
Agency representative. Any work to be performed under this Contract may be authorized by
signature of a Department of Transportation & Engineering Division Head.
Actual services assigned under this Contract will be identified in a written Scope of Services
specific 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 the
City. All projects Initiated under this Contract shall be sequentially numbered and all
documentation and billing shall reference both the Contract number and the project number
and name.
The Consulting Services tobe provided under this contract for Highway Structures Engineering
Services may include any of the following:
Highway structures construction inspections
Highway structures construction management
Highway structures investigations
Highway structures studies
Planning & feasibility studies
Condition studies and product evaluation
Corrosion engineering studies
Construction cost estimates
Detailed contract plans
Community input exhibits
Engineering cost estimates
Related engineering & surveying services
Equipment rental
Coordination with other agencies
As-built drawings
Any services not specifically listed above may be provided in conjunction with those services
listed 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 representative
designated by a Department of Transportation & Engineering Division Head. When the
services of the Consultant are needed, a Scope of Services meeting will be called by the
Agency representative. Any work to be performed under this Contract may be authorized by
signature of a Department of Transportation & Engineering Division Head.
Actual services assigned under this Contract will be identified in a written Scope of Services
specific 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 the
City. All projects initiated under this Contract shall be sequentially numbered and all
documentation and billing shall reference both the Contract number and the project number
and name.
EXHIBIT B
FEE SCHEDULES
SEE ATTACHED
(00015229-1)
Page 9 of 10
The total cost of work to be completed under this agreement cannot be exactly determined until
a 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, the
City agrees to pay the Consultant for all services rendered under this agreement in accordance
with the following salary schedule:
Cincinnati, OH 45242
(513) 984-7500
Title
The above salary schedule represents the direct salary costs to be paid for this work and
includes an overhead rate of 163.04% and a net fee (profit) of 10.0%. The Consultant will
submit to the City a detailed breakdown of costs included in the computation of the overhead
rate with the signed contract. Additional personnel positions may be added during the term of
this agreement pending approval of the Citys Director, Department of Transportation and
Engineering.
In addition to the above listed salaries, the City will reimburse the Consultant for all applicable
direct costs, if said costs are not included in the overhead computation and are approved in
writing by the City, for each project as listed below:
Outside reproduction at cost
Out-of-town travel at cost
Equipment rental 5% markup
Out-of-Pocket expenses 5% markup
Outside consultants 5% markup
-
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 for
reimbursement:
a)
b)
c)
d)
Routine photocopying, postage and delivery services, and fax machine usage.
Telephone and cellular/PCS phone usage.
Computer usage fees. Special software package fees may be reimbursable pending
pre-approval by the City.
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 for
reimbursement. Sub-consultant travel shall be evaluated and approved or denied with
the proposal submittal.
PROPOSAL SUBMITTALS:
At the request of the City, the Consultant shall submit a project proposal that contains the
following:
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 being
performed for an agency outside of the Department of Transportation and Engineering; an
additional 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 for
the duration of the contract period. Renewed insurance certificates shall be mailed to:
Mr. Bryan Carter, Supervising Accountant
City Engineers Office
Room 425, City Hall
801 Plum Street
Cincinnati, OH 45202
EXHIBIT C
ADDITIONAL CITY REQUIREMENTS
(A)
Small Business Enterprise Program. This Agreement is subject to the City of Cincinnatis
Small Business Enterprise Program contained in Chapter 323 of the Cincinnati Municipal Code. The
provisions of Chapter 323 of the Cincinnati Municipal Code are hereby incorporated by reference into this
Agreement.
(B)
Egual Em~Iovment Opportunity. This Agreement is subject to the City of Cincinnatis Equal
Employment Opportunity Program contained in Chapter 325 of the Cincinnati Municipal Code. The
provisions of Chapter 325 of the Cincinnati Municipal Code are hereby incorporated by reference into this
Agreement.
(C)
Prompt Payment. This Agreement is subject to the provisions of Chapter 319 of the
Cincinnati 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 or
responsibilities in connection with the planning or carrying out of a Project shall have any personal financial
interest, direct or indirect, in Consultant or in the Project, and Consultant shall take appropriate steps to
assure compliance.
END OF EXHIBIT
{00015229-1)
Page 10 of 10
Yang, Andrea
From:
Sent:
To:
Cc:
Subject:
BRAD HYRE
P.E.
Efforts are quietly underway to get Cincinnatis streetcar route another mile up the hill, just weeks after work
resumed 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 to
complicate 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 to
update 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 help
pay for the expansion, a stance theyve maintained for years. Although they support the idea of streetcar expansion, they say the government should pay
for 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 with
whether 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 the
citys 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 in
office 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 federal
budget 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 his
team 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 run
the 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 at
whether 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 a
threatened permanent shutdown in December, is planning to help form a task force to study the costs of the expansion and facilitate meetings with
political, 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 what
youre 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 with
talking about the facts.
City Council members Amy Murray and Christopher Smitherman, however, question why anyone is considering the Uptown phase when construction on
the 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 would
allow 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 the
Uptown 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 not
directly 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 development
opportunities, 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 to
Uptown 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 to
commit 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 similar
reasons. 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 private
sector 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 cover
operating 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 and
funding 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. Its
the 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 that
connects 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 sell
advertising.
A special improvement district tax along the Uptown route also should be considered, Seelbach said. Such a district is a defined area in which property
owners can vote to tax themselves to cover project costs. Its a more realistic option than it was for the first phase, Seelbach said. Uptown neighborhoods
along 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.
cityof
CINCINNATI
OFFICE OF THE
CITY MANAGER
Chris Eilerman
Assistant to the City Manager
Approved:
~r Project Executive
Michael Moore
Director, Department of Transportation &
Engineering
Cincinnati Streetcar
Phase 2 Planning, Scope, and Budget Development
Parsons Brinckerhoff
February 14, 2014
Background
The Cincinnati Streetcar Project will transform the Citys urban core by connecting the
Central Business District to two redeveloping neighborhoods just north of Downtown:
Over-the-Rhine (OTR), a low-income, minority community; and Uptown, the regions
second largest employment center and home to the University of Cincinnati.
Phase I of the Cincinnati Streetcar Project will construct 3.6 miles of single-tracked
embedded in-street rail connecting downtown Cincinnati to Findlay Market and the
Over-the-Rhine (OTR) Historic District. Phase I is a figure-8 loop approximately 3.6
miles in length, extending from 2~ Street on the south to Henry Street on the north and
connecting key communities within the downtown core providing a viable complement to
existing transportation systems. A storage yard and small service facility will be
constructed for streetcar maintenance and ongoing systems operations. The streetcar
will be operated by SORTA, and will include up to five modern streetcar vehicles
provided through a contract with CAF USA. The Southwest Ohio Regional Transit
Authority (SORTA) is the designated operator and maintainer of the streetcars, and is
also 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 be
complete in March 2016 with revenue service beginning in September 2016.
Phase 2 of the Cincinnati Streetcar system is a one-mile connector up the hillside
between the northern terminus of Phase 1 and the Uptown area north of the Over-theRhine neighborhood. In 2009, the City conducted an Alternatives Study to determine a
route 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. alignment
was developed. The connection includes double track along Vine Street, with the
northbound leg connecting to Vine along Elder Street from Race Street, and the
southbound leg connecting Vine Street to the Phase 1 alignment on Race Street along
Findlay Street. The Phase 2 connector would terminate at the top of the hill at Corry
Street.
As part of the development of Phase 1, a substantial amount of environmental work
related to Phase 2 was also completed. The initial Environmental Assessment
completed in 2010 for the Phase 1 NEPA compliance included the Vine Street
alignment as part of the study area, though the resulting Finding of No Significant
Impact (FONSI) does not cover the Phase 2 alignment. Since that time, the City has
selected a streetcar vehicle and through the Phase 1 design process, has identified
other aspects of the Cincinnati Streetcar system design which will inform the remaining
design of Phase 2.
The City seeks the services of a qualified consultant to provide assistance in further
evaluating and developing the existing Phase 2 project planning effort in order to
develop a scope, budget, environmental approval, recommended delivery method, and
other items for Phase 2 in order to optimally position the City to seek federal funds
through various ETA and USDOT grant programs and consider potential financing
strategies. 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, NEPA
requirements, and Buy America requirements.
The selected firm will perform the following duties as requested by the City through
Task 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 comprehensive
Phase 2 Scope and Budget Analysis.
Task 1.1.1 Review Existinci Phase 2 Desicin
The City of Cincinnati requires a detailed construction estimate to move the Phase 2
scope of work forward. In order to create that estimate, PB will perform the following
activities:
PDF set of reviewed 30% plans with comments and questions in comment resolution
form.
Tabular data of bid items, quantities, unit costs, contingency factors, and extended
costs for 30% design work. This tabular form will list the ranges of widely-variable
costs 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 service
An operating plan will be developed, using the Operating Plan developed in 2010 for
Phase 1 as the base level of service. PB will work with SORTA to determine running
speed 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 time
using a bus, estimated dwell times at stations, turnaround/switch back time at the Short
Vine/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 labor
contract provisions regarding amount of layover/recovery time per hour/work
shift.
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 to
gather and share information on this topic. The deliverable for this sub-task will be an
Operations Plan Report that will include results of the analysis outline above. This will
include a base model built on the 2010 operating plan assumption and alternative
models, if deemed feasible, using alternative service frequencies and operating
scenarios. Rolling stock requirements will be identified and capital costs associated
with rolling stock identified.
Task 1 .1.3: Identify scenarios and estimated costs for utility relocation
Utilities will be identified along the Phase 2 alignment in conjunction with the City of
Cincinnati and individual providers. PB will also develop and recommend a strategy for
mitigating utility relocation costs. Specific items of work to be performed in this task
include:
Verify that utilities of record are properly identified in the survey database whether by
the 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 methods
PB will evaluate the benefits, costs, and risks, of alternative project delivery approaches
based 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 will
review other current projects using the various methodologies. This will include an
evaluation of the risk profile associated with each including the shift of risk between the
owner and the contractor in a risk/reward analysis.
As part of its evaluation, PB will interview City and SORTA staff to identify the owner
capacity for each of the potential methods, and to generate schedule.
The deliverable for this sub-task will be a memorandum describing transit project
delivery methods and their applicability to Phase 2 of the Cincinnati Streetcar. PB will
create a risk/reward matrix for the delivery methods considered.
Task 1.1.5: Develop Capital Proiect Budget
Creating the capital budget for the scope of work for Phase 2 of the Cincinnati Streetcar
project will be a complex endeavor. For this work to be useful and meaningful, several
items will need to be considered and/or evaluated. Specifically:
After this items are discussed and known, PB will review the existing operations and the
currently under-review operations plan to ascertain the number of vehicles to add (as
well as modifications that might be required at the Maintenance Operations Facility),
fundamental differences between Phase 1 and Phase 2, and ancillary and
administrative factors. Assumptions of the estimate will be included along with proposed
mitigations 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 items
above, 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 the
FTAs 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 in
the SCC format quickly and easily. This estimate will include escalation, contingency
and 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.
Guidance on New Starts and Small Starts (August 2013) and the latest criteria
promulgated by USDOT for the TIGER program.
If it is seriously considering Small Starts funding, the City of Cincinnati may wish to
request ETA approval to enter Project Development. At the direction of the City, the
Team shall prepare a Project Development request which fully complies with ETA
guidance.
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 Federal
formula and flexible funding opportunities.
Letter and Supporting Documentation for Request to Enter Small Starts Project
Development.
Task 2.3: Public Involvement Support
This task will provide for public involvement support to the City of Cincinnati and public
outreach activities for Phase 2 of the Cincinnati streetcar system.
Public involvement support and outreach will include:
The City of Cincinnati will be responsible for publishing legal notices announcing the
meeting and availability of the Phase 2 NEPA document in local newspapers.
CONSULTANT:
DATE:
26-Feb-14
Task
Description
Total
Total
Hours
Cost
116 $
18,092
136 $
27,733
264 $
33,428
100 $
22,832
96 $
14,924
36 $
8,152
100 $
24,358
118 $
18,506
10,723
966 $
178,748
Direct Expenses
Grand Totals
0
0
0
2
Miles/Trip
MilesiTrip
Miles/Trip
Days/Trip
8 Night(s)
12 Day(s)
0
0
100
1
16
0
0
0
LS
Packages
Units
LS
Calls
Packages
Units
Packages
10 Displays
x
x
x
x
4
2
0
5
4
Trips
Trips
Trips
Trips
Trips
x
x
x
x
x
x
x
1 Persons
1 Persons
@
@
x
x
1 Pages/Copy
1 Pages/Copy
x
x
x
x
x
x
$425.000
$0.550
$0.550
$0.550
$50.00
Ticket Fare
per Mile
per Mile
per Mile
per Trip
=
=
=
=
$
$
$
$
$
per Page
per Page
per Unit
per Unit
per Sheet
per Sheet
1,700
-
400
640
480
=
=
=
=
=
$
$
$
$
$
$
500
625
-
3,750
$
$
$
$
$
$
$
$
2,500
10,723
=
=
=
=
=
=
=
48
-
80
-
CITY OF CINCINNATI
DEPARTMENT 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 this
Agreement 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 funded
Capital Improvement Program during the years 2012 through 2015 and does not have a sufficient staff of permanent
employees to complete the Program.
B.
DOTE serves as an engineering and!or architectural consultant to various City agencies to design
andlor coordinate the operation of Capital Improvement Programs of these other agencies, including construction
management services on an as-needed basis.
C.
DOTE also functions in close cooperation with the Hamilton County Engineer and provides
engineering services in accordance with CitylCounty agreements.
D.
From time to time the City requires architectural and engineering services in various disciplines to
enhance DOTEs expertise In connection with specific City duties and projects, including without limitation new
construction, rehabilitation, or additions such as buildings, bridges, roadways, and airport facilities.
E.
Consultant employs skilled, competent and experienced professional engineers and/or architects and
related 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 accordance
with the City Managers Administrative Regulation No. 23, dated February 3, 1997.
G.
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 sooner
terminated as herein provided, shall expire on March 31, 2015 (the Expiration Date); provided, however, that if the
City assigns work to Consultant under this Agreement prior to the Expiration Date but the work is not completed until
after 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 thIs
Agreement, 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 compensate
Consultant 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 services
that Consultant is willing and able to provide to the City under this Agreement is attached hereto as Exhibit A (Scope of
Services). The parties acknowledge that, throughout the Term, the City may ask Consultant to provide some, all, or
none of the services described on Exhibit A. Consultant acknowledges and agrees that the City shall have no
obligation 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 shall
assign work to Consultant under this Agreement for specific projects (each, a ProJect~), as follows: (I) the City shall
send to Consultant a scope of work for the Project; (ii) Consultant shall prepare and send to the City a proposed
budget 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 certify
the 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 as
determined 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 Fee
Schedules due solely to regulatory changes or technological innovations that may cause changes in the cost of
services provided under this Agreement, Consultant shall submit a written proposal to the City requesting a change in
the Fee Schedules, which proposed changes may be approved or denied by the City in its sole discretion. if the
proposed changes are approved by the City, this Agreement shall be amended for the purpose of substituting the Fee
Schedules attached hereto as Exhibit B with the revised Fee Schedules. Consultant shall not be entitled to any
compensation for any work unless such work is provided for in an approved Budget and described in a Notice to
Proceed.
(ii) Overtime. Any overtime rates shown on Exhibit B shall be paid for work that is performed on
weekends, holidays recognized by the City, and between the hours of 6:00 P.M. and 4:00A.M.; provided, however, that
Consultant 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 Consultant
under this Agreement will exceed $25,000. Notwithstanding anything in this Agreement to the contrary, under no
circumstances 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 for
in an approved Budget or described in a Notice to Proceed, and if Consultantagreesto provide such services, the City
shall pay for such services at Consultants applicable rate(s) as shown on the Fee Schedules, plus 115% of the cost of
materials.
(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 granted
or 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 a
particular service, Consultant shall reference the specific line item in the Budget. Consultant shall provide the City with
copies of invoices and such other supporting documentation and information as the City may reasonably request to
substantiate Consultants request for payment.
4.
Consultant shall obtain and maintain all necessary permits, licenses and other governmental approvals and
shall comply with all applicable federal, state and local laws, codes, ordinances and other governmental requirements
applicable 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 following
insurance: (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 an
additional 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) such
other insurance as may be reasonably required by the Citys Office of Risk Management. Consultants insurance
policies shall (a) be written in standard form by companies of recognized responsibility and credit reasonably
acceptable 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 the
City. Consultant shall provide an acceptable certificate of insurance to the City, evidencing the liability insurance
described above, upon Consultants execution of this Agreement.
(B)
Waiver of Subronation. Consultant hereby waives all claims and rights of recovery, and on behalf of
Consultants insurers, rights of subrogation, against the City, Its employees, agents, contractors and subcontractors
with respect to any and all injuries, damages or losses that are covered or that would ordinarily be covered by the
insurance required under this Agreement to be maintained by Consultant, even if such injury, loss or damage arises
from the negligence of the City, its employees, agents, contractors or subcontractors; it being the agreement of the
parties that Consultant shall at all times protect itself against such injuries, losses and damages by maintaining
adequate insurance. Consultant shall cause its insurance poIicie~ as applicable, to include a waiver of subrogation
provision consistent with the foregoing waiver.
C~xd~ ~
L~b~
~
(C)
General Indemnity. Notwithstanding anything in this Agreement to the contrary, as a material
inducement 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 and
all actions, suits, claims, losses, costs (including without limitation attorneys fees), demands, judgments, liability and
damages suffered or incurred by or asserted against the Indemnified Parties as a result of or arIsing from the acts of
Consultant, its agents, employees, contractors, subcontractors, licensees, invitees or anyone else acting at the request
of Consultant in connection with each Project, including without limitation those arising from personal injuries or
property 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 of
the City within ten (10) days after receiving written notice thereof from the City, the City may (1) undertake such action
as the City deems appropriate to correct or otherwise address such violation, whereupon Consultant shall pay all costs
incurred by the City in doing so within ten (10) days after the Citys written demand, (ii) terminate this Agreement by
giving no less than five (5) days written notice thereof to Consultant, and (iii) exercise any other right or remedy
available to the City at law or in equity. All rights of the City under this Agreement are cumulative. Consultant shall
pay, upon the Citys demand, all costs and damages, including without limitation reasonable attorneys fees, suffered or
incurred by the City in connection with a default of Consultant under this Agreement, including without limitation costs
incurred In enforcing or terminating this Agreement following a default, If at the time of termination Consultant is
entitled to compensation from the City for work satisfactorily completed, the City may deduct the amount of the Citys
costs and damages from its payment to Consultant. The Citys waiver of any breach by Consultant of any provision of
this Agreement shall not constitute or operate as a waiver by the City of any other breach of such provision or of any
other provisions, nor shall any failure or delay by the City to enforce any provision hereof operate as a waiver of such
provision or of any other provision.
7.
NOTICES.
All notices given by the parties hereunder shall be deemed given if personally delivered, or delivered by
Federal Express, UPS or other recognized overnight courier, or mailed by U.S. registered or certified mail, postage
prepaid, return receipt requested, addressed to the parties at their addresses set forth in the introductory paragraph of
this Agreement or at such other addresses as either party may designate by notice to the other party given in the
manner prescribed herein. Notices shall be deemed given on the date of receipt. If Consultant sends a notice to the
City alleging that the City is in default under this Agreement, Consultant shall simultaneously send a copy of such
notice 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 other
reports, records, statements and information as may be requested by the City pertaining to Consultant, each Project, or
this Agreement, including without limitation audited financial statements, bank statements, and such reports and
information as may be required for compliance with programs and projects funded by the City, Hamilton County, the
State of Ohio, or any federal agency (the records and reports required under this paragraph to be submitted by
Consultant to the City being referred to herein collectively as Records and Reports). Consultant shall retain its
Records 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 its
designees and auditors to have reasonable access to and to Inspect and audit Consultants Records and Reports. in
the event any such inspection or audit discloses a material discrepancy with information previously provided by
Consultant to the City, Consultant shall reimburse the City for its out-of-pocket costs associated with such Inspection or
audit.
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 the
transactions covered bythis Agreement. lfduringtheTerm Consultantoranyof itsshareholders, officers, membersor
partners become debarred or suspended, the same shall constitute a default under this Agreement, whereupon this
Agreement shall automatically terminate and Consultant shall return any and all funds that it received from the City
prior 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 officer1
agent, servant, or employee of the City. Consultant shall have the exclusive right to control the details of all work
performed hereunder and all persons performing such work, and shall be solely responsible for the acts and omissions
of its officers, agents, employees, contractors and subcontractors. Nothing herein shall be construed as creating a
partnership or joint venture between the City and Consultant. No person performing any of the work hereunder shall
be deemed to be an officer, agent or employee of the City, nor shall any such person be entitled to any benefits
available or granted to employees of the City.
11.
(A)
Work Product. All architectural and engineering drawings, working papers, reports, and other
materials produced by Consultant for the City under this Agreement, including without limitation all computer software
and applications developed by or for Consultant in connection with any Project (collectively, Work Producr), shall be
deemed to have been paid for by the City and shall become the property of the City as and when created. Consultant
shall promptly deliver all 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 seek
any patents or trademarks with respect to any Work Product, nor shall Consultant assert ownership or protection of
any Work Product on the basis that it contains trade secrets or other proprietary information or that it constitutes socalled intellec~al property under applicable law.
(C)
Confidentiality. Consultant shall keep all Work Product confidential and shall not disclose or distribute
it to third parties without the Citys prior express written authorization. Consultant shall put the necessary safeguards in
place 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 this
Agreement, 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.
(B)
Entire Agreement. This Agreement contains the entire agreement between the parties with respect to
the subject matter hereof and supersedes any and all prior discussions, negotiations, 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)
Governino 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 Hamilton
County Court of Common Pleas, and Consultant agrees that venue in such court is proper. The parties hereby waive
trial 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 be
enforceable 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 the
context hereof and are only guides to assist in locating such sections and paragraphs and shall be ignored in
construing this Agreement.
(0001 5229-1}
Page 5 of 10
(0)
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 force
and effect.
(H)
J:in3~. Time is of the essence with respect to the performance by Consultant of its obligations under
this Agreement.
(I)
______________________________________
No Third Party Beneficiaries. The parties hereby agree that no third party beneficiary rights are
intended 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 foe or other compensation as a result of the
parties execution of this Agreement.
(K)
Non-Exclusive A~ireement. This is a nonexciusive agreement for professional services. The City may
procure the same or similar services from other consultants at any time during the Term of this Agreement.
(L)
Official Capacity. All representations, warranties, covenants, agreements and obligations of the City
under this Agreement shall be effective to the extent authorized and permitted by applicable law. None of those
representations, 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 than
his 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 Schedules
Exhibit C Additional City Requirements
-
Executed by the parties on the dates indicated below, effective as of the later of such dates (the uEffective
DateTM).
City of Cincinnati
By:_________
Milton Dohonoy, Jr., City Manager
~h~J_Y~~ VP
Printed ~ame: sitV/
Title:
VI~ ~
B~
Date:
Date:
R~fn3~1
Don Gindlirig, P.E.
~
Director, Department of Transportation and Engineering
{00015229-1}
Page 6 of 10
.2012
Approved as to Form:
A~SoIicito
OF
(00015229-1)
Page 7 of 10
EXHiBIT A
SCOPE OF SERVICES
SEE ATTACHED
{0001 5229~i)
Page 8 of 10
Any services not specifically listed above may be provided in conjunction with those services
listed 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 representative
designated by a Department of Transportation & Engineering Division Head. When the
services of the Consultant are needed, a Scope of Services meeting will be called by the
Agency representative. Any work to be performed under this Contract may be authorized by
signature of a Department of Transportation & Engineering Division Head.
Actual services assigned under this Contract will be identified in a written Scope of Services
specific 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 the
City. All projects initiated under this Contract shall be sequentially numbered and all
documentation and billing shall reference both the Contract number and the project number
and name.
Right-of-way plans
Site reconnaissance & photography
Coordination with other agencies
Environmental documents
Specifications
Interim and final reports
Related reports
Attendance at public meetings
Utility coordination
Shop drawing review
As-buNt drawings
Any services not specifically listed above may be provided in conjunction with those services
listed 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 representative
designated by a Department of Transportation & Engineering Division Head. When the
services of the Consultant are needed, a Scope of Services meeting will be caNed by the
Agency representative. Any work to be performed under this Contract may be authorized by
signature of a Department of Transportation & Engineering Division Head.
Actual services assigned under this Contract will be identified in a written Scope of Services
specific 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 the
City. All projects initiated under this Contract shall be sequentially numbered and all
documentation and billing shall reference both the Contract number and the project number
and name.
EXHIBIT B
FEE SCHEDULES
SEE ATTACHED
(00015229.1)
Page 9 of 10
The total cost of work to be completed under this agreement cannot be exactly determined until
a detailed Scope of Services is prepared for each assigpment.
~
After the Consultant receives a written notice to proceed from the City for a specific project, the
City agrees to pay the Consultant for all services rendered under this agreement in accordance
with the following salary schedule:
The above, salary schedule represents the direct salary costs to be paid for this work and
includes an overhead rate of i ~ n % and a net fee (profit) of 1 9 %. The Consultant will
submit to the City a detailed breakdown of costs included in the computation of the overhead
rate with the signed contract. Additional personnel positions may be added during the term of
this agreement pending approval of the Citys Director, Department of Transportation and
Engineering.
In addition to the above listed salaries, the City will reimburse the Consultant for all applicable
direct costs, if said costs are not included in the overhead computation and are approved in
writing by the City, for each project as listed below:
Outside reproduction at cost
Out-of-town travel at cost
Equipment rental 5% markup
Out-of-Pocket expenses 5% markup
Outside consultants 5% markup
-
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 for
reimbursement:
a)
b)
c)
Routine photocopying, postage and delivery services, and fax machine usage.
Telephone and cellular/PCS phone usage.
Computer usage fees. Special software package fees may be reimbursable pending
pre-approval by the City.
ci) 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 for
reimbursement. Sub-consultant travel shall be evaluated and approved or denied with
the proposal submittal.
PROPOSAL SUBIVIITTALS:
At the request of the City, the Consultant shall submit a project proposal that contains the
following:
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 being
performed for an agency outside of the Department of Transportation and Engineering; an
additional 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 for
the duration of the contract period. Renewed insurance certificates shall be mailed to:
Mr. Bryan Carter, Supervising Accountant
City Engineers Office
Room 425, City Hall
801 Plum Street
Cincinnati, OH 45202
OVERHEAD RATE
Area Mgr II
Area Mgr III
Asst Planner
AIJD Co-op
CADD Operator I
CADD Operator ii
CADD Operator III
Computer Graphics Specialist III
Consultant I
Consultant II
Document Control Coordinator F
Engineer I
Engineer I
Engineer II
Engineering Mgr
Environmental Engineer II
Environmental Manager
Information Coordinator Ill
Inspector I
Inspector.II
Inspector III
Lead Construction Engineer
Lead Engineer
Lead Environmental Engineer
Lead Planner
Lead Scheduler
Lead Systems Analyst
Mgr Technical Services
Mkt Coordinator III
Office Engineer
Planner I
Prin Technical Specialist
Prin Technician
Principal Consultant!
Principal Consultant II
Project Admin III
ProjectAdmin IV
Project Controls Mgr
Project Manager
Sr. Admin Asst
Sr. Admin Mgr
Sr. Area Mgr
Sr. CADD Designer
Sr. CADD Operator
Sr. Computer Graphics Specialist
Sr. Construction Manager
Sr. Designer
Sr. Engineer
Sr. Engineering Mgr
Sr. Environmental Engineer
Sr. Planner
Sr. Planning Manager
Sr. Principal Engineer
Sr. Prin Technical Specialist
Sr. Project Manager
Sr. Supv CADD Designer
Sr. Supv Construction Engineer
Sr. Supv Engineer
Supv Construction Engineer
Supv Engineer
Supv Environmental Scientist
Supv Planner
Supv Technician
Note: Direct Expense Allowance
163.0%
163.0%
163,0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163,0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163,0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
153.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163,0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
163.0%
5%
BILLING
RATE
$208.96
$240.83
$78.03
$46.82
$69.57
$80.06
$88.55
$90.89
$150.81
$151.25
$76.34
$93.63
$93.63
$106.12
$229.19
$109.24
$217.79
$113.45
$63.92
$75.66
$88.58
$183.24
$148.38
$180.06
$154.50
$146.82
$130.37
$177.84
$93.63
$91.95
$94.88
$176.69
$127.78
$224.10
$312.12
$85.68
$131.15
$151.84
$176.81
$90.36
$154.68
$306.47
$95.04
$84.71
$124.32
$228.78
$100.56
$124.78
$236.52
$117.14
$110.40
$270.10
$169.07
$211.80
$277.78
$118.51
$254.87
$201.10
$228.28
$189.33
$194.20
$178.59
$115.70
EXHIBIT C
ADDiTIONAL CITY REQUIREMENTS
(A)
Small Business Enterprise Proqrap~. This Agreement is subject to the City of Cincinnatis
Small Business Enterprise Program contained in Chapter 323 of the Cincinnati Municipal Code. The
provisions of Chapter 323 of the Cincinnati Municipal Code are hereby incorporated by reference into this
Agreement.
(B>
Equal Employment Opportunity. This Agreement is subject to the City of Cincinnatis Equal
Employment Opportunity Program contained in Chapter 325 of the Cincinnati Municipal Code. The
provisions of Chapter 325 of the Cincinnati Municipal Code are hereby incorporated by reference into this
Agreement
(C)
Prompt Payment. This Agreement is subject to the provisions of Chapter 319 of the
Cincinnati Municipal Code, which provides for a Prompt Payment System.
(D)
Conflict of Interest. No officer, employee, or agent of the Citywho exercises any functions or
responsibilities in connection with the planning or carrying out of a Project shall have any personal financial
interest, direct or indirect, in Consultant or in the Project, and Consultant shall take appropriate steps to
assure compliance.
END OF EXHIBIT
{00015229-1}
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