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CITY COUNCIL AGENDA ITEM COVER SHEET DATE OF COUNCIL MEETING: July(fä) 2016 TYPE OF DOCUMENT: ( ORDINANCE) ( RESOLUTION) ( PRELIMINARY PLAT/PRELIM ZONE CHANGE) ( X LEASE/CONTRACT) ( CHANGE ORDER/CONTRACT MODIFICATION) ( CONSIDER BID) ( APPLICATIONS/LICENSES/PERMITS) ( APPOINTMENTS) ( ANNOUNCEMENTS/REPORTS/MOTIONS) ( OTHER) SPONSOR (5): (ORDINANCES/RESOLUTIONS ONLY _____ To enter into a professional service agreement between the City of Cheyenne and HDR, Inc. to develop the Prairie Ave. & EXACT WORDING OF ENTITLEMENT/ITEM: Frontier Mall Dr. Intersection Improvements design. (1% Sales Tax FundinglYears (Other Funding ) (Grant } CONTACT PERSON: Sam Berta PHONE: 637-6290 DEPT: Engineering OTHER CITY DEPTS AFFECTED: Public Works, BOPU OTHER GOV’T AGENCIES AFFECTED: __________ FINANCIAL IMPACT PROPOSED OR CONDITIONS WHICH AFFECT CITY: Total amount of $315,128.95 CONTRACT TERM: Project Completion STARTING DATE: Upon Approval Yes No N/A Is funding budgeted? ( ) ( ) ( Were Bids called for? ( ) ( ) ( ) Affected parties notified of Council procedure & dates? ( ) ( ) ( ) Has bond, insurance or other security been arranged? ( ) ( ) ( ) Have legal descriptions been checked? ( ) ( ) ( ) Agenda item reviewed and/or approved by: Risk Mgr ( ) City Attorney ( ) Dept. Head ( ) General Comments: Submitted by: Sam Berta Title: Staff Engineer Date: 7/6/16 UPON PASSAGE OF TifiS AGENDA ITEM, COPIES SHOULD BE SENT TO: Sam Berta, Engineering Department Lorraine Sanchez, Engineering Department Rev. 6/2008

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CITY COUNCIL AGENDA ITEM COVER SHEET

DATE OF COUNCIL MEETING: July(fä) 2016

TYPE OF DOCUMENT: (

______

ORDINANCE) (

_____

RESOLUTION) (

_____

PRELIMINARYPLAT/PRELIM ZONE CHANGE) ( X LEASE/CONTRACT) (

_____

CHANGE ORDER/CONTRACTMODIFICATION) (

______

CONSIDER BID) (

_______

APPLICATIONS/LICENSES/PERMITS)

(

______

APPOINTMENTS) (

_____

ANNOUNCEMENTS/REPORTS/MOTIONS) (

______

OTHER)

SPONSOR (5): (ORDINANCES/RESOLUTIONS ONLY

_________________________________

To enter into a professional service agreement between theCity of Cheyenne and HDR, Inc. to develop the Prairie Ave. &

EXACT WORDING OF ENTITLEMENT/ITEM: Frontier Mall Dr. Intersection Improvements design.

(1% Sales Tax FundinglYears

__________________________________________________________________

(Other Funding

___________________________________

) (Grant

______________________________

}CONTACT PERSON: Sam Berta PHONE: 637-6290 DEPT: EngineeringOTHER CITY DEPTS AFFECTED: Public Works, BOPUOTHER GOV’T AGENCIES AFFECTED:

____________________________________________

FINANCIAL IMPACT PROPOSED OR CONDITIONS WHICH AFFECT CITY: Total amount of $315,128.95

CONTRACT TERM: Project Completion STARTING DATE: Upon ApprovalYes No N/A

Is funding budgeted? (

________

) (

________

) (

________

Were Bids called for? (

________

) (

________

) (

_________

)Affected parties notified of Council procedure & dates? (

________

) (

________

) (

________

)Has bond, insurance or other security been arranged? (

________

) (

________

) (

________

)Have legal descriptions been checked? (

________

) (

________

) ( )

Agenda item reviewed and/or approved by:Risk Mgr (

_______

) City Attorney (

_______

) Dept. Head (

________

)

General Comments:

Submitted by: Sam Berta Title: Staff Engineer Date: 7/6/16

UPON PASSAGE OF TifiS AGENDA ITEM, COPIES SHOULD BE SENT TO:Sam Berta, Engineering Department

__________________

Lorraine Sanchez, Engineering Department

__________________

Rev. 6/2008

Cm ENGINEER’S OFFICE2101 O’NeiI AvenueCheyenne, Wyoming 22001

II

MEMO

DATE: July 6, 2016TO: Members of the Governing BodyFROM: Sam Berta, Staff Engineer

SUBJECT: Professional Services Agreement with HDR, Inc. for Prairie Ave. & FrontierMall Dr. Intersection Improvements.

The following is in support of why Staff has selected HDR, Inc. (HDR) for engineering designservices for the above project. HDR was determined as the most qualified firm for the PrairieAve. & Frontier Mall Dr. Intersection Improvements. The selection process detennined thatHDR stood out as the best firm with experience, technical expertise and overall professionalintegrity giving the City and its residents the best product possible.

A Request for Proposal was drafted and advertised. In response to the RFP five proposals weresubmitted to the City. The five engineering firms are as follows: HDR, AVI, SEH, AyresAssociates, and Western Research & Development.

After reviewing the five proposals submitted, three firms were selected for interviews — HDR,SEH and AVI. These three firms showed innovative ideas and experience not only with theoutlined scope of work, but additionally experience with working with the City of Cheyenneitself with positive results. After interviewing, HDR was selected. In summary, HDR scoredhigher than AVI and SEH in applicable experience, innovations, technical expertise, adequateresources, and equitable distribution of work. A decision was rendered with all of the selectioncommittee choosing HDR.

At the conclusion of the selection process, HDR was selected as the top firm for the Prairie Ave.& Frontier Mall Dr. Intersection Improvements design. This selection was based on theestablished City criteria. The estimated fees submitted by HDR were opened at that time andwere found to be reasonable. This amount was $3 15,128.95.

In summary, Staff recommends that the professional services agreement for the Prairie Ave. &Frontier Mall Dr. Intersection Improvement design be awarded to HDR in an amount not toexceed $315,128.95.

A COIvIIAUNITY c)Ir CEIOICE

CONTRACT NO.

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Risk Review Approved as toPROFESSIONAL SERVICES AGREEMENT form only:

By:634

_____

Dair 7...g516 DDVA4DTV

Date: 9/tS/Oj,

This Agreement is made and entered by and between the City of Cheyenne, Wyoming, amunicipai corporation duly organized under the laws of the State of Wyoming, 2101 O’Neil Avenue,Cheyenne, Wyoming 82001 (“City”) and HDR, Inc., a corporation duly organized under the laws ofthe State of Wyoming, 1720 Carey Ave., Ste. 612, Cheyenne, Wyoming 82001 (“Consultant” andcollectively, “Parties”).

RECITALS

WHEREAS, the City seeks engineering design services related to a project referred to as thePrairie Avenue and Frontier Mall Drive Intersection Improvement Project;

WHEREAS, the City undertook a competitive bid process to solicit such services;

WHEREAS, HDR, Inc. is engaged in the business of providing engineering design services;

WHEREAS, HDR, Inc. participated in the competitive bid process for such services asrequired by the City;

WHEREAS, the City selected HDR, Inc. to provide certain engineering design servicesrelated to the Prairie Avenue and Frontier Mall Drive Intersection Improvement Project; and

WHEREAS, the City and HDR, Inc. now desire to enter into this Agreement whereby HDR,Inc. will provide specified engineering design services to the City,

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and obligations hereinexpressed, it is agreed by and between the Parties as follows.

1. SCOPE OF WORK

The Consultant agrees to provide professional services in conjunction with the PrairieAvenue and Frontier Mall Drive Intersection Improvement Project, in accordance with the Scope ofWork, attached hereto as Exhibit A, incorporated by reference and expressly made a part hereof.

2. COMPENSATION

In consideration of the services to be performed pursuant to this Agreement, the ConsultantwiLl bill the City on a monthly basis as of the end of the month, and the City agrees to pay Consultantaccording to the fee schedule given in the Exhibit B which is attached to this Agreement,incorporated by reference and expressly made a part hereof. The amounts of all such payments shall

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be based upon the Consultants progress, verified by the City, in completing the work as described inExhibits A and B. In no event shall the total amount billed by the Consultant to the City, pursuant tothis Agreement, exceed the total project contract amount specified in Exhibit B as S3 15,128.95. Finalpayment shall be made following acceptance of the work by the City. Original quality reproductionsof all designs, plans, reports, specifications, drawings and other services rendered by the Consultantshall become the sole property of the City and shall be delivered to the City along with the finalinvoice, or immediately upon their preparation. A portion of the payment may be held until anyclaims are resolved.

3. TIME OF PERFORMANCE

The Scope of Work shall be completed and the final plans, specifications, and bid documentssubmitted to the City in accordance with the Project Schedule given in Exhibit C which is attached tothe Agreement, incorporated by reference and expressly made a part hereof. Any extensions of thetime limit set forth in Exhibit C must be agreed upon in writing by the Parties.

4. DATA TO BE FURMSHED

All information, data, reports, records and maps with respect to the Project which areavaiJable to the City and which the City deems reasonably necessary for the performance of work setforth in this Agreement, shall be furnished to the Consultant without charge by the City.

5. PERSONNEL

The Consultant agrees that it will employ, at its own expense, all personnel necessary toperform the services required by this Agreement and in no event shall such personnel be theemployees of the City. Ml of the services required hereunder shall be performed by the Consultantand all personnel engaged therein shall be fully qualified under applicable federal, state and local lawto undertake the work performed by them. The Consultant assumes full and sole responsibility forthe payment of all compensation and expenses of such personnel and for all state and federal incometax, unemployment insurance, Social Security, disability insurance and other applicablewithholdings.

6. GIS MAPS AND DIGITAL DATA

if the Consultant uses any maps, coverages, images, or other digital data created by theCheyenne/Laramie County Cooperative Geographic Information System (“CLCCGIS”) for theproject specified in Exhibit A, the Consultant agrees to return or destroy that information once theproject is complete. Consultant agrees not to reuse or sell the GIS maps or data, which wereprovided as a professional courtesy and to minimize the cost of the project.

7. GIS DATA LIMITATION AND DISCLAIMED LIABILITY

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GIS data is collected primarily for use by the City and Laramie County. Any unauthorizeduse of the data is at the risk of the user. The CLCCGIS cannot ensure its accuracy for anyunauthorized use.

8. DRUG-FREE WORKPLACE

In compliance with the Drug Free Work Place Act of November 1988, the City hasestablished an Alcohol and Controlled Substance Policy that pertains to alcohol and drug usage byCity Employees. All architects, engineers and other consultants under contract with the City, andtheir employees and subcontractors, are required to comply with the provisions of the City’s Alcoholand Controlled Substance Policy for drug and alcohol usage on City property or other sites occupiedby the Consultant while performing the duties and responsibilities of the contract. It is theresponsibility of the Consultant to familiarize himself with the requirements of this policy and toinform all its employees and sub-contractors of the requirements and ensure their compliance, if theConsultant or its employees or sub-consultants are found in violation of this policy, this Agreementmay be terminated.

9. WDEMNIFICATION AND HOLD HARMLESS

The Consultant agrees to indemnify, hold harmless, and defend the City from and against anyand all liabilities, claims, penalties, forfeitures and suits, and the cost and expenses incident thereto,including reasonable attorney’s fees, which may hereafter arise as a result of death or bodily injury toany person, destruction or damage to any property, contamination of or adverse effects on theenvironment, or any violation of governmental laws, regulations or orders to the extent caused by (1)the Consultant’s breach of any term or provision of this Agreement; or (2) any negligent or wrongfulact, error or omission by the Consultant, or its employees or subcontractors in the performance ofthis Agreement. The Consultant acknowledges that it may incur a financial obligation to the Citypursuant to the terms of this paragraph.

10. INSURANCE REOUREPvWNTS

The Consultant must provide proof of the following insurance coverages:

Commercial General Liability Insurance

For claims arising out of bodily injury, illness or death, or from damage to or destruction ofproperty of others, including loss or use thereof, with minimum limits of $1,000,000 per occurrence,$2,000,000 aggregate for the entire term of the Agreement.

Business Automobile Insurance

Including owned, non-owned and hired vehicles with minimum limits for bodily injury andproperty damage of Si ,000,000 per accident for the entire term of the Agreement.

Workers’ Compensation

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Workers’ Compensation coverage shall be in effect for the entire term of the Agreement, asrequired by Wyoming law, for all employees or agents providing services under this Agreement.Consultant shall provide the City with proof of workers’ compensation or employer’s liabilityinsurance coverage.

Professional Liability Insurance

The Consultant shall provide proof of professional liability insurance or errors and omissionsliability insurance in an amount not less than $500,000 to protect the City from any and all claimsarising from the Consultant’s negligence in the performance of duties under this Agreement. TheCity prefers that this liability insurance coverage be provided pursuant to an “occurrence” policy.

If this coverage is provided pursuant to a “claims made” policy:

(1) Consultant shall, concurrently with the execution of this Agreement, provide the Citywith a certificate of insurance demonstrating that such coverage is or shall be ineffect at the time the Consultant begins the provision of services under thisAgreement; and

(2) In the event the Consultant’s services extend into a future policy period, theConsultant shall, prior to the policy expiration date, provide the City with a newcertificate of insurance demonstrating that such coverage is or shall be in effectduring all periods of time that Consultant will provide services under this Agreement;and

(3) Consultant shall maintain said “claims made” coverage for a period of five (5) yearsfollowing the last date that Consultant has provided services under this Agreement;and

(4) In the event the Consultant or the insurer terminates “claims made” coverage prior tothe expiration of the periods provided in subparagraphs (1), (2), or (3) of thisparagraph, the Consultant shall provide to the City advance written notification of thetermination of said coverage and shall provide the City with an endorsement for anextended reporting period (“tail coverage”) which shall be in effect for a period oftime not less than five (5) years following the last date that Consultant has providedservices under this Agreement.

Additional Insurance Information

The Consultant shall name the City of Cheyenne as an Additional Insured by endorsement onits insurance policies, with the exception of workers’ compensation and professional liabilityinsurance, and shall provide the City with a copy of the endorsements.

Consultant shall provide the City with certificates of insurance acknowledging the above

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CONTRACT NO.

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stated coverages prior to beginning any work under this Agreement.

It is understood and agreed that these policies are primary and not contributory. All policiesrequired under this Agreement shall be in effect for the duration of the Agreement. It shall be anaffirmative obligation upon Consultant to immediately notify in writing the city risk manager, cityclerk, and city attorney of any fact, circumstance, or occurrence that has resulted in or may result inthe cancellation or substantive change of any insurance coverage required by this Agreement, andfailure to do so shall be construed to be a breach of this Agreement.

In addition, Consultant shall provide the City with copies of insurance policies and/or policyendorsements listing the City of Cheyenne as an additional insured. The City’s failure to request orreview such policies, endorsements, or certificates shall not affect the City’s rights or Consultant’sobligation hereunder.

Any insurance company providing coverage under this agreement shall have a minimumA.M. Best rating of A- (excellent).

11. MINORITY AND DISADVANTAGED BUSINESS ENTERPRISES (49 C.F.R Part

All Parties to this Agreement assure that no person will be excluded from participation in,denied the benefits of, or otherwise discriminated against, in connection with the award andperformance of this Agreement on the grounds of age, race, color, disability, national origin, or sex.

12. INDEPENDENT CONTRACTOR

The Consultant shall function as an independent contractor for the purposes of thisAgreement. The Consultant shall assume sole responsibility for any debts or liabilities that maybeincurred by the Consultant in fulfilling the terms of this Agreement. Nothing in this Agreement shallbe interpreted as authorizing the Consultant or its agents or employees to act as an agent orrepresentative of or on behalf of the City or to incur any obligation of any kind on the behalf of theCity.

13. TAXES

The Consultant agrees to pay all valid taxes, excises, license fees, permit fees, bills, debts andobligations incurred by in connection with its operations under this Agreement

14. DEFAULT

Each and every term and condition in this Agreement is deemed a material element of theAgreement. In the event either Party should fail or refuse to perform according to the terms of thisAgreement, such Party may be declared in default.

15. REMEDIES

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In the event a Party has been declared in default, such defaulting Party shall be allowed aperiod of fifteen (15) days within which to cure the default. In the event the default remainsuncorrected, the non-defaulting party declaring default may elect to:

a. Terminate the Agreement and seek damages, which damages shall not exceed thecontract amount; or

b. Treat the Agreement as continuing and require specific performance.

16. TERMINATION BY CITY

The City may, without cause, by written notice within ten (10) days to the Consultant,terminate this Agreement in whole or in part at anytime, for the City’s convenience. Upon receipt ofsuch notice, the Consultant shall:

a. Discontinue all services affected; and

b. In the event of termination for convenience, the City will pay the Consultant foraccepted work done and expenses incurred to the date of termination. Suchacceptance shall not be unreasonably withheld.

17. ADDITIONAL REMEDIES

In the event the Consultant fails to strictly perform in accordance with this Agreement, theCity may elect to correct the deficiencies and charge the Consultant. In the event of default of any ofthe conditions by either Party which shall require the Party not in default to commence legal orequitable action against the defaulting Party each Party shall bear its own costs and expenses,including without limitation, attorneys’ fees.

18. GOVERNING LAW. JURISDICTION AND VENUE

The construction, interpretation and enforcement of this Agreement shall be governed by thelaws of the State of Wyoming. The courts of the State of Wyoming shall have jurisdiction over anyaction arising out of this Agreement and over the Parties, and the venue shall be the First JudicialDistrict, Laramie County, Wyoming.

19. GOVERNMENTAL AND SOVEREIGN IMMUNITY

The City and its officers and employees, do not waive their governmental or sovereignimmunity by entering into this Agreement, except to the extent necessary for the Parties to pursue acontract action to clarify or enforce the written terms of the Agreement, and each specifically retainsall immunities and defenses available to them as sovereigns or governmental entities pursuant toWyo. Stat. § 1-39-10 1, et seq., and all other state law. Designations of venue, choice of law,enforcement actions, and similar provisions should not be constructed as a waiver of governmental

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or sovereign immunity. The Parties agree that any ambiguity in this Agreement shall not be strictlyconstrued, either against or for either party, except that any ambiguity as to governmental orsovereign immunity shall be construed in favor of governmental or sovereign immunity. The Cityreserves all immunities and defenses available under the Wyoming Governmental Claims Act, Wyo.Stat. § 1-39-101, et seq.

20. CONFLICT OF INTEREST

In entering this Agreement, the Consultant represents and warrants any past work inconnection with the City does not constitute a conflict of interest that would render any of itsservices under this Agreement non-reimbursable under this Agreement or the federal regulations thatare incorporated into this Agreement. The Consultant further represents and warrants it presently hasno interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which wouldconflict in any manner or degree with performance of the services hereunder. In addition, theConsultant covenants that in the performance of this contract, no subcontractor or person havingsuch an interest shall be employed. The Consultant certifies that no one who has or will have anyfinancial interest under this Agreement is an officer or employee of the City.

21. ACCEPTANCE NOT WAIVER

The City’s approval of drawings, plans, specifications, reports, and incidental work ormaterials furnished hereunder shall not in any way relieve the Consultant from responsibility for thetechnical accuracy of the work. The City’s approval or acceptance of, or payment for, any servicesshall not be construed to operate as a waiver of any of the City’s rights under this Agreement or anyof its legal rights under statute and common law arising out of the performance of this Agreement.

22. ASSUMPTION OF RISK

The Consultant shall assume the risk of any loss of state or federal funding, eitheradministrative or program dollars, due to its failure to comply with state or federal requirements.The City shaLl notify the Consultant of any state or federal determination of noncompliance.

23. COMPLIANCE WITH LAWS:

The Consultant shall comply with all applicable federal, state and local laws, rules andregulations in the performance of this Agreement, including federal and state anti-discriminationlaws. The Consultant shall be responsible for all such non-compliance and shall defend, holdharmless and indemnify the City therefrom.

24. ENVIRONMENTAL POLICY ACTS

The Consultant agrees all activities under this Agreement will comply with the Clean AirAct, the Clean Water Act, the National Environmental Policy Act, and other related provisions offederal environmental protection laws, rules or regulations.

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CONTRACT NO.

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25. HUMAN TRAFFICKING

As required by 22 U.S.C. § 7104(g) and 2 C.F.R. Part 175, this Agreement may be terminatedwithout penalty if a private entity that receives funds under this Agreement:

a. Engages in severe forms of trafficking in persons during the period of time that theaward is in effect;

b. Procures a commercial sex act during the period of time that the award is in effect; or

c. Uses forced labor in the performance of the award or sub-awards under the award.

26. KICKBACKS

The Consultant certifies and warrants that no gratuities, kickbacks, or contingency fees werepaid in connection with this Agreement, nor were any fees, commissions, gifts, or otherconsiderations made contingent upon the award of this Agreement. if the Consultant breaches orviolates this warranty, City may, at its discretion, terminate this Agreement without liability to City,and deduct from the agreed upon price or consideration, or otherwise recover, the full amount of anycommission, percentage, brokerage, or contingency fee.

27. LIMITATIONS ON LOBBYING ACTWITIES

If applicable:

By signing this Agreement, the Consultant certifies and agrees that, in accordance with PublicLaw 101-121, payments made from a federal grant shall not be utilized by the Consultant or itssubconsultants in connection with lobbying members of Congress, or any other federal agency inconnection with the award of a federal grant, contract, cooperative agreement, or loan.

28. MONITORING ACTIVITIES

The City shall have the right to monitor all activities related to this Agreement that areperformed by the Consultant or its subconsultants. This shall include, but not be limited to, the rightto make site inspections at any time and with reasonable notice; to bring experts and consultants onsite to examine or evaluate completed work or work in progress; to examine the books, ledgers,documents, papers, and records pertinent to this Agreement; and to observe personnel in every phaseof performance of the related work.

29. NON-DISCRIMINATION

The Consultant shall comply with the Civil Rights Act of 1964, the Wyoming FairEmployment Practices Act (Wyo. Stat. § 27-9-105, et seq.), the Americans With Disabilities Act(ADA), 42 U.S.C. § 12101, et seq., and the Age Discrimination Act of 1975 and any properlypromulgated rules and regulations thereto and shall not discriminate against any individual on the

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grounds of age, gender, creed, color, race, religion, national origin, sexual orientation, ancestry’,pregnancy or qualifying disability in connection with the performance under this Agreement.

30. SUSPENSION AND DEBARMENT

By signing this Agreement, the Consultant certifies that neither it nor its principals arepresently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excludedfrom participation in this transaction nor from federal financial or non-financial assistance, nor areany of the participants involved in the execution of this Agreement suspended, debarred, orvoluntarily excluded by any federal department or agency in accordance with Executive Order 12549(Debarment and Suspension) or C.F.R. 44 Part 17, or are on the debarred vendors list atwww.sam.c!ov. Further, the Consultant agrees to notify the City by certified mail should it or any ofits officers, employees, or agents become debarred, suspended, or voluntarily excluded during theterm of this Agreement.

31. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

The Consultant acknowledges and agrees that, notwithstanding any concurrence by theFederal Government in or approval of the solicitation or award of the underlying contract, absent theexpress written consent by the Federal Government, the Federal Government is not a party to thisAgreement and shall not be subject to any obligations or liabilities to the Consultant, or any otherparty (whether or not a party to this Agreement) as to any matter resulting from the underlyingcontract.

32. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS ANDRELATED ACTS

The Consultant acknowledges that the provisions of the Program Fraud Civil Remedies Actof 1986, as amended, 31 U.S.C. § 3801, er seq., “Program Fraud Civil Remedies” and 49 C.F.R.Part 31, apply to its actions under this Agreement. Upon execution of this Agreement, the Consultantcertifies or affirms the truthfulness and accuracy of each statement it has made, it makes, it maymake, or causes to be made, pertaining to the performance of this Agreement. In addition to otherpenalties that may be applicable, the Consultant further acknowledges that if it makes, or causes tobe made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the FederalGovernment reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of1986 on the Consultant to the extent the Federal Government deems appropriate.

33. LOBBYING (31 U.S.C. § 1352 AND 49 C.F.R. Part 19-49 C.F.R. Part 20)

If applicable:

Under the Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended by the LobbyingDisclosure Act of 1995, P.L. 104-65 (to be codified at 2 U.S.C. § 1601, et seq.), the Consultants whoapply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20,“New Restrictions on Lobbying”. Each tier certifies to the tier above that it will not and has not used

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Federal appropriated funds to pay any person or organization for influencing or attempting toinfluence an officer or employee of any agency, a member of Congress, officer or employee ofCongress, or an employee of a member of Congress in connection with obtaining any Federalcontract, grant or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose thename of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contactson its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by31 U.s.c. § 1352. Such disclosures are forwarded from tier to tier up to the recipient.

34. ADA ACCESSIBILITY (42 U.S.C. § 1201, a seq.)

Applicability: Facilities construction or renovation contracts.

Facilities to be used in public transportation service must comply with 42 U.s .C. § 12101, etseq., and DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49C.F.R. Part 37; and Joint ATBCBIDOT regulations, “Americans with Disabilities (ADA)Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. Pan 1192 and 49 C.F.R. Part 38.Notably, DOT incorporated reference the ATBCB’s “Americans with Disabilities Act AccessibilityGuidelines” (ADAAG), revised July 2004, which include accessibility guidelines for buildings andfacilities, and are incorporated into Appendix A to 49 C.F.R. Part 37. DOT also added specificprovisions to Appendix A modifying the ADAAG, with the result that buildings and facilities mustcomply with both the ADAAG amendments thereto in Appendix A to 49 C.F.R. Part 37.

35. PRIVACY ACT (5 U.S.C. § 552)

Applicability: The Federal Privacy Act requirements flow down to each third partycontractor and their contracts at every tier.

The following requirements apply to the Consultant and its employees that administer anysystem of records on behalf of the Federal Government under any contract:

a. The Consultant agrees to comply with, and assures that its employees will complywith the information restrictions and other applicable requirements of the Privacy Actof 1974, 5 U.S.C. § 552a. Among other things, the Consultant agrees to obtain theexpress consent of the Federal Government before the Consultant or its employeesoperate a system of records on behalf of the Federal Government. The Consultantunderstands that the requirements of the Privacy Act, including the civil and criminalpenalties for violations of that Act, apply to all individuals involved, and that failureto comply with the terms of the Privacy Act may result in termination of theunderlying contract.

b. The Consultant also agrees to include these requirements in each subcontract toadminister any system of records on behalf of the Federal Government financed inwhole or in part with Federal assistance.

36. MODIFICATION AND TERMINATION

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No waiver, alteration, modification or termination of this Agreement shall be valid unlessmade in writing and mutually agreed upon or as otherwise provided herein.

37. INTELLECTUAL PROPERTY AND WORK PRODUCT

a. All work (preliminary, draft, and final) produced by the Consultant under thisAgreement is the property of the City. The City will own any and all data,documents, working papers, computer programs, photographs, forms, analyses, plansand other materials produced by the Consultant pursuant to this Agreement, and theConsultant hereby assigns and transfers to the City any and all intellectual propertyrights for such materials. The Consultant will provide the City with copies of allsuch materials including, without limitation, any research memoranda prepared underthis Agreement. Under no circumstances, including pending disputes between theCity and the Consultant, will the Consultant fail to deliver possession of saiddocuments and materials to the City upon demand.

b. The Consultant agrees to indemnify, pay the defense costs of, and hold the Cityharmless from any and all claims, demands, costs, liabilities, losses, expenses anddamages (including attorneys’ fees, costs, and expert witnesses’ fees) arising out ofor in connection with this Agreement that sound in an intellectual property claim(including, but not limited to, patent, copyright, trademark, trade name, or tradesecret infringement).

c. This Section specifically survives the expiration or termination of this Agreement.

38. SEVERABILITY

if any provision of this Agreement is determined to be illegal or unenforceable for anyreason, the same shall be severed from the Agreement and the remainder of the Agreement shall begiven full force and effect.

39. ENTIRETY OF AGREEMENT

This Agreement consisting of twelve (12) pages, and Exhibits “A”, “B” and “C” consisting oftwelve (12), one (1), and four (4) pages, respectively, contains the entire understanding of the Parties.There are no other terms or conditions, written or oral, concerning or controlling this matter. Time

is of the essence hereof. This Agreement merges all prior discussions, negotiations, letters ofunderstanding or other promises, whether oral or in writing.

IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day andyear first above written.

[SIGNATURE PAGE FOLLOWSI

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CONTRACT NO.

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CITY OF CHEYENNE

By:Date:Richd L. Kaysen, Mayor

(SEAL)ATTEST:

By:Carol Intlekofer, City Clerk

HDR, NC.

By:Date:Brandon Gebbart, P.E.

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EXHIBIT A

SCOPE OF WORK

OverviewThe scope of work for the Prairie Ave. & Frontier Mall Dr. Intersection Improvements Projectshall consist of providing public outreach, right of way surveying, roadway and utility design andconstruction engineering for the construction of a modem roundabout at the intersection ofPrairie Ave. & Frontier Mall Dr. in northern Cheyenne.

Ayres Associates, working for the Cheyenne MPO, has recently completed a planning leveldesign (attached to this document, also available in a slightly different format in the Belt RangeCorridor Study Phase II: Section 20, specifically Prairie Ave. Conceptual Plan sheets 3 and 4 inAppendix F) that includes a preliminary design for the intersection. This plan was adopted bythe City Council in February 2016 and shall serve as a guideline for the design andreconstruction, though the City Engineer’s Office is not anticipating reconstructing all of Prairieat this time as is contemplated in the plan. The proposed roundabout at the intersection of PrairieAve. & Cutoff Road is specifically not included in this scope of work. This plan is available onthe Cheyenne MPO’s website at http://www.plancheyenne.org

Public Outreach

Right of Way SurveyingAlthough some minor property acquisition is implied in the Ayres plan, it is the desire of the Cityto construct the proposed improvements within the existing rights-of-way if possible. It will benecessary for the consultant to survey and stake existing rights-of-way as well as to negotiateconstruction easements with the adjoining landowners as required by the final design.

General Design and Utility Work

With the requirement for ADA compliance in the public ROW, designs shall include thenecessary improvements for meeting those requirements. Generally, the City will provide ADAaccessibility on the sidewalks and corners along the specified street segments of this project.

Other RequirementsThe City’s budget for the entire project is approximately $2,400,000.00. As one of the projectedfunding sources for the construction is FHWA — STP Urban finding, federal fundingrequirements will be required to be met throughout the project.

Upon receipt of Notice to Proceed with this project, the Consultant shall proceed with thefollowing tasks:

A. 1 General Conditions:The following items are considered to be included as part of the basic compensation for

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP—13—16)

this project:— Normal business expenses - phone, postage— Cost of insurance— In-house computer time and service— Word processing, accounting, and man-hour records— Permits and license fees— Mileage— Travel fees, room and board, meals— Printing costs for all standard review, bidding, and as-constructed plans and other

correspondence and contract documents— Film and processing

Additional items which will be addressed:

All subconsultant fees at cost, which may include:— Soils testing— Surveying— Acceptance testing— Utility investigation

Other items:— Overtime engineering and inspection— Additional required services— Special inspections

Materials, stakes, etc.

Any changes in the Consultants or subconsultants staff or fee structure shall be presentedin writing to the City for approval prior to initiating any changes or performing any work

A.2 Task 1 - COMPLETION OF ENVIROMENTAL CLEARANCECONSULTANT WILL:

1. NEPA SCOPE - Using the information provided in the 2016 Ayres report, the consultantwill furnish environmental services including all labor, manpower, sub-contractualservices, materials, supplies, equipment, travel, transportation and professional servicesnecessary to provide a complete, satisfactory and adequate document developed inaccordance with the National Environmental Policy Act of 1969, as amended and inaccordance with Wyoming Department of Transportation policies and procedures andapplicable Federal or Wyoming State Laws, guidelines, and standards. The Consultantwill use the guidance for preparing environmental documents contained in the WYDOT

Exhibit A-2

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP— 13—16)

Environmental Services procedure manual, or in written guidance provided by WYDOT.Conduct scoping and coordination with any affected Federal, State, or local agencies,and other interested persons to determine any issues that need to be addressed or permitsthat will need to be obtained.

This projects environmental document will likely be prepared as a Categorical Exclusion.The probable level of environmental documentation necessary will be determined by theConsultant throughout the project environmental evaluation and development process.

The project environmental evaluations will include, but not be limited to, evaluation of allthe following areas of concern. The extent of the evaluation for each area will bedependent upon the type of project and identified project impacts:

• Land use

• Farm land• Socioeconomic• Relocation

• Air quality• Noise

• Water quality• Permits

• Wetlands• Wildlife

• Flood plains• Wild and scenic rivers• Threatened or endangered species• Hazardous waste sites• Visual

• Energy• Construction impacts

• Right-of-way• Transportation

• 4W• Vegetation

• Utilities

Exhibit A-3

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP—13—16)

The Consultant will complete such tasks as are necessary to provide the environmentaldocument as outlined below. As appropriate, the consultant will be responsible for anynecessary coordination with federal, state or local/tribal agencies having regulatory orjurisdictional authority, or special interest or expertise over any of the environmentalareas of concern listed above.

The consultant will obtain all necessary National Historic Preservation Act Section 106project clearance from the State Historic Preservation Office and all necessary Corps ofEngineers permits.

As required, the consultant will coordinate and conduct all necessary project publicinformational meetings, scoping meetings and/or public hearings. All professionalservices will be performed with the Consultant’s own organization or subconsultantsapproved by the City. The standard of care for all professional services performed orfi2mished by the Consultant under this Agreement will be the care and skill ordinarilyused by members of the Consultant’s profession practicing under similar conditions at thesame time and in the same locality.

a. STUDIES AND REPORTSAdvance submittals of studies or reports to the City may be made at any time forinformal review and approval.

Revisions and corrections of errors in the reporting, which said revisions are notdeemed attributable to the City, shall be made in an expeditious manner by theConsultant at no additional cost to the City.

b. ELECTRONIC DATAReports and documents will be made available to the City and WYDOT in compatibleWord electronic format. When computer graphics are involved, the Consultant shallconsult with the WYDOT to determine the best graphic format to utilize and to insureconformance with the State’s standards as much as practical. Electronic files will beaccompanied by a minimum of one hard copy of each file.

A.3 Task 2— GENERAL DESIGNCONSULTANT WILL:

1. Collect topographic and right-of-way surveying for the extents of the project as neededto complete the project design. Establish project control points as needed. All

Exhibit 44

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP—13—16)

surveying, design, and temporary control points shall be referenced into the City controlnetwork. Property corners necessary to establish the right-of-way shall be monumentedas necessary. Vertical datum for the project shall be NAVD 1983.

2. Prepare a geotechnical report in accordance with City requirements (available uponrequest) showing the results of at least ten (10) borings and the recommended pavementdesign(s) for a 20-year pavement life. Coordinate with consultant’s surveyor to getboreholes surveyed and onto the project mapping. Ensure borings are done to sufficientdepth to reflect likely conditions for all phases of the project. No preliminarygeotechnical work has been done.

3. Prepare detailed design documents and bidding package for the project, incorporatingfeedback from City staff throughout the process. The Consultant shall complete theengineering design and preliminary project manual, including specifications at the 65%and 95% levels for City review. Six (6) paper and one (1) electronic (pdf) copies of thereview documents shall be provided at each stage. Meet with individual adjacentproperty owners as determined necessary by the City staff.

4. Prepare a drainage report in accordance with City requirements (available upon request)documenting the hydraulic and drainage impacts of the project. Calculations for all newdrainage structures shall be required. Design shall be based on the project being aredevelopment project larger than 75,000 SF and hence complying with the requirementsenumerated in Section 3.2.2.d of the Cheyenne UDC as modified for the Dry Creekbasin.

5. Investigate and coordinate design with all known utilities, to include, at a minimum,Century Link (Telephone); Charter (Cable TV); Black Hills Energy (Electric and Gas);BOPU (Water and Sanitary Sewer); and City Public Works (Storm Sewer and TrafficSignals). Provide surface utility locates and non-destructive subsurface utilityexcavation locates of potential utility conflicts.

Street lighting will be by Black Hills Energy. Coordination will be required.

6. In accordance with the BOPU’s design standards, subject to the approval of DEQ permitto construct, and for inclusion in the overall project, prepare construction documents toreplace the existing Ductile fron Pipe (DIP) water mains on both Prairie and FrontierMall Dr. within the project limits.

7. Develop preliminary construction sequencing/phasing and traffic routing plans andspecial provisions.

Exhibit A-5

PROFESSIONAL SERVICES AGREEMENTProject Name; Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP—13—16)

8. After receipt of the final review comments from the City’s representatives, theConsultant shall prepare Final Construction Documents for the project, incorporating allchanges. The City will provide the Standard Construction Boiler Plate and otherpertinent data in electronic form for use in final bid documents. The Consultant shallprepare complete bid documents, including plans, specifications, drainage analysis, andcost estimates. The Consultant shall submit the specifications in the form of a ProjectManual described below. These documents will represent the construction plans andwill be submitted, along with an engineer’s estimate of construction costs, to the Cityrepresentative for review and approval. Two (2) copies of the completed ConstructionContract Documents will be submitted for this review.

The Consultant shall also provide a summary of the estimated cost, constructionquantities, and items of work. The bid tabulation shall be laid out using standardnumbering’s for work items and basic pay units.

The Project Manual shall include the following as appropriate:— Instruction to Bidders— Bid Forms— Contract Agreements— Performance and Payment Bond— Notice of Award and Notice to Proceed— Change Order, Payment Certification, and Other Forms— General and Supplemental Conditions— Special Provisions— Construction Specifications— Supplementary Specifications— Buy America Provisions— Required Federal Contract Provisions (Form FHWA-1273)— DBE Participation— Phasing Schedule— Testing Plan

The Wyoming Department of Transportation Standard Spec{flcationsfor Roadand Bridge Construction, 2010 Edition, with amendments shall be used on thisproject.

The Consultant will assist the City through all the bidding process and giverecommendations to the City Representative in selecting a responsible Contractor,Subcontractors, and/or Suppliers. A minimum of five (5) paper and one (I)

Exhibit A-6

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP—13—16)

electronic (pdf) copies of the construction documents, including addenda will berequired. Consultant may be required to attend and provide information at CityCouncil meetings, Finance Committee meetings, or other meetings during theaward process. Consultant will be required to organize and conduct a pre-bid withthe City and Contractors and record this meeting (take notes and attendance, etc.).The Consultant will be required to prepare and publish any necessary addenda to

the Contract Documents, including minutes of the pre-bid meeting. TheConsultant may also be required to provide technical assistance throughout theconstruction process.

A.4 Task 3- PUBLIC INVOLVEMENTIN ADDITION TO TASK 2, CONSULTANT WILL:

I. Prepare and implement a public involvement campaign during design andconstruction with the following goals:

a. Inform the public and decision makers of project progress through the use of aproject website, media notices, social media, flyers, etc. at critical stages of theproject progress.

b. Educate and inform the public and decision makers of the benefits ofroundabouts and proper procedures for driving roundabouts.

c. Conduct at least two public meetings over the course of the design process.i. The first will have the primary goal of providing property owners,

motorists, and other users with information regarding the need for theproject; differences between single lane roundabouts and multi-lanedroundabouts; proposed design and possible impacts duringconstruction; and obtaining input from property owners/publicregarding any special access needs, planned private improvements, etc.that may affect construction.

ii. The second will have the primary goal of providing property owners,motorists, and other road users information on the proposed design;preliminary construction sequencing and impacts; and overall projectgoals.

iii. City will provide meeting locations. Consultant will provide publicnotice and media releases; prepare exhibits, handouts, and commentcards; and correlate public comments.

d. Meet with individual adjacent property owners as determined necessary by theCity staff.

A.5 Task 4- CONSTRUCTION ENGINEERING

Exhibit A-7

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP—13—16)

A.5.l GENERAL:Used in this Exhibit, the term Consultant’s Engineer denotes final responsibility for theproject; tasks may be performed by the Resident Project Representative, or Inspector, asappropriate.

Consultant’s Engineer, will act under the general direction of the City’s Representative,and will confer with City’s Representative regarding engineering matters. TheConsultant’s Engineer shall act as an independent contractor and shall control andsupervise the details of the work. In so doing the Consultant’s Engineer shall deal solelywith the General Contractor and dealings with Subcontractors shall be only through orwith the full knowledge of General Contractor.

Fee proposals for construction management shall be based on an estimate of 850 hoursbeing required to administer the project, including 50 hours of after-hours(nights/weekends).

To promote a level playing field in construction management fee proposals, an estimateof 850 hours of construction management time was provided. The following should beconsidered in developing fee proposals:

a. The 850 hours will need to be split as the consultant feels appropriate into time forProject Managers, Field Engineers, Inspectors, Technicians, Survey Teams, OfficeSupport Personnel, and whatever other personnel categories the consultant feelsare necessary.

b. The Construction Staking and Materials Testing will be the responsibility of theconstruction contractor (not the consultant).

c. The consultant shall be responsible for performing quality assurance testing inaccordance with the WYDOT Materials Testing Manual.

A.5.2 DUTIES AND RESPONSIBILITIES:CONSULTANT’S ENGINEER WILL:

1. Inspection Plan:Develop an overall inspection plan, a Traffic Control Inspection Plan and qualityassurance testing plan to be submitted and approved by City’s Representativeseven (7) days after the Contract is awarded. Ensure compliance with federalfunding requirements, including, but not limited to, Buy America and RequiredFederal Contract Provisions (Form FHWA-1273). Ensure compliance withfederal wage rates, including checking certified payrolls and conductingcompliance interviews in accordance with current (at time of bidding) federalrequirements.

Exhibit 48

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP—13—16)

2. Contractor Selection:Advise City’s Representative regarding selection of Contractor and anysubcontractors.

3. Schedules:Review the progress schedule, schedule of Shop Drawing submissions andschedule of values prepared by Contractor and consult with City’s Representativeconcerning their acceptability.

4. Conferences:Assist City and keep minutes in conducting pre-bid and pre-constructionconferences with contractors. Conduct weekly safety and coordination meetings,as required, maintain and circulate copies of minutes thereof

5. Liaison:Serve as the City’s liaison with Contractor working principally throughContractor’s superintendent and assist him in understanding the intent of theContract Documents. Provide a program of good public relations between City,residents, Contractors and field personnel, to insure smooth running schedule andmost cost and time efficient way to progress.

6. Shop Drawings and Samples:

a. Receive samples and shop drawing furnished by contractor, record date oftheir receipt, and track progress of approvals. Advise City’sRepresentative of their acceptability.

b. Identi& any Work that is unsatisfactory, faulty or defective or does notconform to the Contract Documents, or does not meet the requirements ofany inspections, tests or approvals or that has been damaged. Advise theContractor and the City’s Representative when Work should be corrected,rejected, uncovered for observation, or requires special testing, inspectionor approval.

c. Verii’ that tests, equipment and systems startups operating I maintenanceinstructions are conducted as required by the Contract documents and inthe presence of the required personnel, and that Contractor maintainsadequate records thereof; observe, record and report to City’sRepresentative appropriate details relative to the test procedures and

Exhibit A-9

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP—13—16)

startups.

d. Accompany visitors representing public or other agencies havingjurisdiction over the Project; record the outcome of these inspections andreport to City’s Representative.

7. Interpretation of Contract Documents:Transmit to Contractor the City’s Clarifications and interpretations of the ContractDocuments.

8. Modifications:Consider and evaluate any changes or modifications in Drawings or Specificationsand report them with recommendations to City Representative for approval priorto authorizing any such changes or charges to Force Account or other items.Administer Change Orders, Contract Modifications and extra Payment Requests.

9. Records:e. Maintain at the job site orderly files for correspondence, reports ofjob

conferences, Shop Drawings and samples submissions, reproductions oforiginal contract Documents including all addenda, change orders, fieldorders, additional Drawings issued subsequent to the execution of theContract, City’s Representative clarifications and interpretations of theContract Documents, progress reports, and other Project relateddocuments.

f. Maintain in a secure location orderly files documenting certified payrolls andresults of all compliance interviews. Provide periodic status reports to theCity’s Representative summarizing current status of federal wage ratecompliance.

g. Keep a diary or log book, recording hours on the job site, weather conditions,data relative to questions of extras or deductions, list of visiting officialsand representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specificobservations in more detail as in the case of observing test procedures.Provide a weekly construction report summarizing the week’s activities tothe City’s Representative.

h. Measure and record on a daily basis quantities of materials installed and workcompleted. Reconcile quantities with Contractor’s superintendent at least

Exhibit A-b

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP—13—16)

weekly. Maintain an orderly file of supporting materials, including trucktickets, field measurements, accumulation summaries, and materialcertifications.

i. Record names, addresses and telephone numbers of all Contractors,subcontractors, and major suppliers of materials, equipment, date, timeand condition of such. Verify that all subcontractors (including third andlower tier subcontractors) have been approved using a “Request toSubcontract” (WYDOT Form E-59/E-59A).

10. Reports:a. Furnish City’s Representative weekly summary reports including

Contractor’s compliance, results of testing performed, constructionactivities observed, the approved progress schedule, and schedule of ShopDrawing submissions.

b. Consult the City’s Representative in advance of scheduled major tests,inspections or start of important phases of the Work.

c. Report immediately to City’s Representative upon the occurrence of anyaccident and furnish complete report shortly afterward.

11. Payment Requisitions:Review and certify applications (use form) for payment with Contractor forcompliance with the established procedure for their submission and forward themwith recommendations to City’s Representative noting particularly their relation tothe schedule of values, work completed and materials and equipment delivered orpaid for at the site, but not incorporated in the Work.

12. Certificates, Maintenance and Operation Manuals:During the course of the Work, verify that certificates, maintenance and operationmanuals and other data required to be furnished by Contractor are applicable toitems actually installed and collect all such materials for presentation to City withfinal construction report.

13. Completion:a. Submit to Contractor a punch list of observed items requiring completion

or correction.b. Conduct final inspection in the company of City’s Representative,

Contractor and utility companies involved and prepare a final list of itemsto be completed or corrected.

c. Verify that all items on the final list have been completed or corrected,

Exhibit A-li

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP—13—16)

make recommendations to the City concerning acceptance and prepare acertificate of Substantial Completion.

d. After completion of the project prepare and submit to City certified“Record Drawing” plans showing final accepted conditions of the project.The record drawings shall consist of one set of reproducible mylars, oneset of prints and an electronic copy in AutoCAD 2014 through currentversion DXF or DWG format OR Land desktop/Civil 3D Design. Therecord drawings shall be submitted to the City within 90 days of projectcompletion. A certified final construction report of conditions,maintenance items, inspection reports, contract modifications,correspondence, field orders and any other pertinent information shall beffirnished by the project engineer to the City.

e. Assist the City staff to implement the final quantities and payments of thisproject to the City’s computerized job accumulation program.

A.4.3 LIMITATIONS OF AUTHORITY:

Except upon written instructions of City’s Representative, Engineer:

1. Shall not authorize any deviation from the Contract Documents or costs, orapprove any substitute materials or equipment, without consulting the Owner.

2. Shall not exceed limitations on the City’s authority as set forth in the ContractDocuments.

3. Shall not undertalce any of the responsibilities of the Contractor, subcontractors,utility companies or responsibilities of their superintendent, to expedite the work.

4. Shall not advise on or issue directions relative to any aspect of the means,methods, techniques, sequences or procedures of construction unless such isspecifically called for in the Contract Documents.

Exhibit A-12

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP- 13- 16)

EXHIBIT B

COMPENSATION SCHEDULE

The Consultant shall prepare and submit proposed estimated compensation, bearing in mind thatis should be a unit-based contract with a negotiated not-to-exceed amount. The estimatedcompensation amounts for both design and construction administration shall be broken outbetween City work and BOPU water.

Exhibit B-i

PROFESSIONAL SERViCES AGREEMENTProject Name: Prairie Ave. & Frontier Mail Or. Intersection improvements Project

EXHIBIT S

COMPENSATION SCHEDULE

The Consultant shall prepare and submit proposed tImated compenstatign, bearing in mind that Itshould be a unit-based contrac with a negotiated not-to-exceed amount. The estimated compensationamounts for both design and construction administration shall be broken out between Otv work andBOPU water.

BOPU TotalTask A.1 General Conditions $ 11,528.97 $ 674.66 $ 45,010.03

Direct Expenses $ 32,806.40Task 1 Environmental Clearance $ 10,957.28 0 $ 10,95728Task 2 Design $ 123,276,32 $ 8,840.74 $ 132,117.05Task 3 Public Involvement $ 32,763.42 $ 32,763,42Task 4 Construction Engineering $ 92,831.61 S 1,44935 $ 94,281.17

Subtotal $ 304,164.00 $ 10,964S5

Signed: 1e1zDate: 6-17-2O16

Total Not-to-Exceed Fee $ 315,128.95

This price proposal will remain valid for a period of at least one hundred and twenty (120) days.

Task City

Exhibit B-i

PROFESSIONAL SERVICES AGREEMENTProject Name: Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project

(RFP- 13- 16)

EXHIBIT C

PROJECT SCHEDULE

The key milestones in the Prairie Ave. & Frontier Mall Dr. Intersection Improvements Project areshown below. The proposer should complete the following schedule as part of the proposaland include any other key dates needed.

Date Schedule Item

June 1,2016 Notice-to-proceed issued by City

_______________

Hold scoping meeting with City Staff

_______________

Submit 65% design documents

______________

First Public Meeting

_______________

Submit 95% design documents

________________

Meet with City to discuss review of design

_______________

Second Public Meeting

________________

Final design submittal and review

________________

Pre-bid meeting

_______________

Bid OpeningMarch 1, 2017 Begin Construction

_________________

Project Substantially Complete

_______________

Final Project Completion

Exhibit C-i

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Staff CommitmentAs requested in the RFP, the table below identifies the team members and the percentage of time that they will dedicate toeach task.

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