Galloway Street Overpass Design Services.PDF

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Galloway Street Overpass Design Services
Solicitation number
RFP-2025-53-0-2025/GB
Issued by
Florence County, Wisconsin

About this file

This is a Request for Proposal (RFP) from the City of Eau Claire, Wisconsin, seeking a qualified engineering firm to complete design services for the Galloway Street Overpass project. The $12M Federal Railroad Association (FRA) vehicular and pedestrian rail crossing elimination project involves preparing plans, specifications, and estimates (PS&E) documents, with design and construction to be funded 80% federally and 20% by the city. The project requires a mandatory online pre-submittal conference on September 24, 2025, at 8:30am CDT, with proposals due by 2:00pm CDT on October 21, 2025. The anticipated project timeline includes council approval of the selected consultant by November 25, 2025, with design work potentially taking up to one year or more from the start of consultant services.

The project will be subject to Wisconsin Department of Transportation (WisDOT) and FRA requirements, involving comprehensive design tasks such as water and sanitary sewer adjustments, utility coordination, environmental documentation, permitting, survey, soils investigation, public involvement, and right-of-way acquisition. The selected consultant must first complete a Project Management Plan (PMP) and NEPA Environmental process before beginning actual design work. The city will provide digital resources including aerial photos, LIDAR data, property ownership maps, and utility maps to support the project. Evaluation of proposals will be based on the firm's experience, proposed services, project vision, schedule, and familiarity with the Eau Claire and Chippewa Valley region.

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Attachment 2 - Project Terms.PDF PDF
Attachment 1 - Narrative.PDF PDF

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2025-53 Galloway Steet Overpass

REQUEST FOR PROPOSAL

GALLOWAY STREET OVERPASS

DESIGN SERVICES

PROCUREMENT NO. 2025-53

Submission Deadline:

2:00PM CDT, OCTOBER 21, 2025

Request for Proposal Notice:

CITY OF EAU CLAIRE, WISCONSIN

REQUEST FOR PROPOSAL

PROCUREMENT NO. 2025-53

The City of Eau Claire is seeking proposals from qualified Engineering Firms to complete design work for an overpass at Galloway Street as described in this RFP.

A MANDATORY on-line pre-submittal conference is scheduled for 8:30am CDT on September

24, 2025. Firms wishing to submit a proposal for this project must attend this online meeting.

Virtual meeting information is as follows:

Microsoft Teams Need help?

Join the meeting now

Meeting ID: 276 197 582 142 6 Passcode: 5k8po6w2

Dial in by phone

+1 872-215-6840,,336344246# United States, Chicago Find a local number Phone conference ID: 336 344 246#

Deadline for submission: 2:00 PM CDT, October 21, 2025

All bids shall be received electronically via DemandStar OR sealed and clearly marked “RFP

2025-53” and submitted to the Purchasing Department, City of Eau Claire, 203 S. Farwell, Eau

Claire, WI 54701 (in-person, UPS, or FedEx), PO Box 5148, Eau Claire, WI 54702 (USPS) not later than 2:00 PM CDT on October 21, 2025.

1. Copy of the proposal

2. Copy of cost/fees

3. Addendum acknowledgements

All proposals submitted must be received by the City of Eau Claire by the deadline established in this RFP. It is recommended to upload the required documents on DemandStar in plenty of time before the deadline.

RFP forms can be obtained at the DEMANDSTAR BY ONVIA website, www.demandstar.com. This is a free subscription service for agencies participating under the

Wisconsin Association of Public Purchasers (WAPP) such as the City of Eau Claire. Register for

DEMANDSTAR BY ONVIA at https://www.demandstar.com/app/wapp/registration.

https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWNhYTVjMDctZTYxMC00NmNhLTllNDgtNjUzYzJhOGQ5MTMx%40thread.v2/0?context=%7b%22Tid%22%3a%2250f373ee-5e12-439f-b948-8cd5c94f6dc1%22%2c%22Oid%22%3a%226b4dd836-35b4-4d2a-acde-e9152a58baa6%22%7d tel:+18722156840,,336344246 https://dialin.teams.microsoft.com/e73a928e-7751-4ff3-937f-7bf6fa50e01c?id=336344246 https://www.demandstar.com/app/wapp/registration

Table of Contents:

Section Page No.

1) Project Description……….……………..…..……………………...…….…….4

2) Scope of Work……….……………….……...……....……………………….…4

3) Project Timeline……………….…………..……………………...…………….6

4) Instructions………………………………..…………….......……….……….…6

5) Preparing and Submitting……………………………….…...…………...……9

6) Evaluating Process and Criteria…………...……………………...………….10

7) Sample Contract.………………………………………………………………12

8) Narrative.………………………………………….………………Attachment 1

9) Project Terms…………………………………………………..…Attachment 2

10) Disturbed Area Map…………………………..…………………Attachment 3

Section 1.0 - Project Description:

The City of Eau Claire (City) is seeking to select an Engineering Firm to enter into a two-party agreement for a $12M Federal Railroad Association (FRA) vehicular and pedestrian rail crossing elimination project.

The City seeks proposals to prepare plans, specifications, and estimates (PS&E) documents for this project.

Design and construction will be funded 80% Federal and 20% City. Therefore, design work is subject to all pertinent Federal requirements in Attachment 2 of this RFP.

Design and construction standards shall be in accordance with the State of Wisconsin Department of Transportation Facilities Design Manual (FDM), and the State of Wisconsin Department of Transportation, and Standard Specifications for Highway and Structure Construction, 2025 Edition, as published by the department.

Section 2.0 - Scope of Services:

The professional services required for the project include, but are not limited to the following phases and tasks to be accomplished:

A. Design Phase

If selected, a consultant will negotiate and enter into a 2-party contract with the City, to be responsible for meeting the obligations of the FRA requirements while taking this project through design and bidding.

Prior to beginning design work, as outlined in Attachment 2, Article 4.3, subtask 1.2, the consultant must first complete a Project Management Plan (PMP) for this project. Next is subtask 1.3, the NEPA Environmental process. Once these two items are complete and approved by FRA, the project would then begin the actual design phase, which could be up to one year or more from the start of consultant services.

A firm must have the ability to assemble and implement a detailed work plan that will effectively meet the WisDOT and FRA requirements. The project will include the preparation of supporting documentation, seeking and obtaining permits and approvals, design, preparation of plans and specifications, and creation of bidding documentation. Specific project requirements may include, but are not limited to, the following:

• WisDOT Special Provisions

• Agency Coordination

• Environmental Documentation – See Attachment 2 for NEPA environmental requirements

• Utility Coordination

• Water and Sanitary adjustment design

• Permitting

• Survey

• Soils Investigation

• Public Involvement

• Coordination Meetings

• Right of Way Ownership

• Transportation Project Plat

• Right of Way Acquisition

• Traffic Management Plan

• All PS&E documents

Work to be completed by the Consultant is expected to include, but not be limited to, the following tasks during the design phase of the project.

A.1.1 Water & Sanitary Sewer adjustments:

The consultant shall design any water and sanitary sewer adjustments that may be needed as part of this project:

A.1.2 Bid Documents:

The Consultant shall prepare a complete set of Plans to be used for bidding purposes.

One (1) set of paper reproducible plans and one (1) each electronic copy in both PDF format (11” x 17”) and AutoCAD.dwg format shall be submitted to the City for use in preparing Bid Documents. The documents shall be prepared for use by the City to bid the project. Design plans must be in conformance to WisDOT standards. The final plans, as a minimum, shall include the following set of drawings:

➢ Title Sheet

➢ Typical Sections

➢ Construction Details

➢ Estimate of Quantities

➢ Plan & Profile

➢ Roadway

➢ Utilities

➢ Structure plans

➢ Pedestrian trail plans

➢ Erosion Control

➢ Traffic Control & Construction Staging Plan

➢ Cross Sections

B. Information & Services to be Provided by the City

B.1 - Digital aerial photos and contour mapping.

B.2 - LIDAR data.

B.3 - Digital property ownership and base maps (.dwg, .dgn, .dxf).

B.4 - Digital utility maps of Galloway Street (.dwg, .dgn, .dxf).

B.5 - As-built roadway and utility plans for existing infrastructure.

B.6 - City of Eau Claire Standard General Conditions and Specifications for Utility Construction.

Section 3.0 – Timetable of Project:

RFP available for distribution………………………………………….……….September 9, 2025

Pre-Submittal Conference…………………………………….. 8:30am CDT, September 24, 2025

Deadline for questions to: greg.bowe@eauclairewi.gov......... 12:00pm CDT, September 25, 2025

Deadline for submittal of Proposal……………………………… 2:00pm CDT, October 21, 2025

Oral Presentations (if conducted)………………………..……….…... week of November 3, 2025

Complete evaluations, review & prepare recommendations………….….…. mid-November 2025

Council Approval of Selected Consultant………………………….……...… November 25, 2025

Section 4.0 – Instructions:

4.1 Request for Proposal Information

It is the responsibility of the Consultant to carefully read the entire Request for Proposal, which contains provisions applicable to successful completion, and submission of an

RFP. If any ambiguity, inconsistencies or errors are discovered in the RFP, the City

Purchasing Manager must be notified in writing. Only interpretations or corrections of the RFP made in writing through addenda by the Purchasing Manager will be considered binding. The Purchasing Manager must receive all requests for interpretations or corrections no later than the date specified in the RFP timetable. The RFP consists of all documents identified in the Scope of Work section of this RFP.

4.2 Pre-Submittal Conference

A mandatory pre-submittal conference has been scheduled for this project at the time and date identified in Section 3.0. Prospective consultants are required to attend the pre-submittal conference.

mailto:Shelley.Waughtal@eauclairewi.gov

4.3 Submission of Proposals

Submit one (1) electronic copy of the proposal and price proposal (proposal and price proposal should be in separate files) via DemandStar OR sealed and clearly marked

“RFP 2025-53” and submitted to the Purchasing Department, City of Eau Claire, 203 S.

Farwell, Eau Claire, WI 54701 (if in-person, UPS, or FedEx), or PO Box 5148, Eau

Claire, WI 54702 (if USPS) not later than the deadline listed in this RFP. If a hard-copy submission is made, it must include a downloadable electronic .pdf copy via flashdrive or similar filesharing device.

Modified qualifications and proposals can be submitted to replace all or any portion of previously submitted information. The Selection Committee will only consider the latest version as part of its deliberations.

4.4 Withdrawal of RFP

Qualification and proposal information may be withdrawn from consideration prior to the submission deadline by written request, on the Consultant’s letterhead, submitted to the

Purchasing Manager.

4.5 RFP Postponement or Cancellation

The City may, at its sole and absolute discretion, reject any and all, or parts of any and all submittals to the RFP, re-advertise this RFP, postpone or cancel at any time this RFP process, or waive any irregularities in this RFP as it deems to be in the best interest of the

City of Eau Claire.

4.6 Contracting Department

The City of Eau Claire engineering Department will administer the contract resulting from this RFP.

4.7 Incurring Costs

The City of Eau Claire is not liable for any cost incurred by proposers in replying to this

RFP. The City of Eau Claire reserves the right to accept or reject any or all proposals and to waive technicalities in any proposal or part thereof deemed to be in the best interest of the City of Eau Claire.

4.8 Proprietary Information

Any restrictions on the use of data contained within a proposal must be clearly stated in the proposal itself. Each restricted page must be clearly marked "CONFIDENTIAL". The

City shall comply with State and Federal Law(s) when complying with request for information.

4.9 Fixed Price Period

All price, cost, and conditions outlined in the RFP/Price Proposal shall remain fixed and valid for acceptance for a 90-day period commencing on the due date of the contractor’s proposal. The City reserves the right to negotiate the scope of services and cost with the highest ranked consultant, when only one firm is short-listed.

4.10 Oral Presentation

The City may require Proposers to give an oral presentation in support of their proposal or to exhibit or otherwise demonstrate the information contained therein.

4.11 Certification of Independent Price Determination

By signing this proposal, the respondent certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

The process in this proposal has been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other respondent or with any competitor;

Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other respondent or to any competitor.

4.12 Restricting Competition

No attempt has been made or will be made by the respondent to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

4.13 Debarment and Suspension

A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and

Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

http://federal.elaws.us/cfr/2CFR180.220 http://federal.elaws.us/cfr/2CFR180 http://federal.elaws.us/cfr/3CFRpart1986 http://federal.elaws.us/cfr/3CFRpart1986 http://federal.elaws.us/cfr/3CFRpart1989

4.14 Clarification of the RFP (Request for Proposals)

If additional information is necessary to assist the vendor in interpreting this RFP, direct questions by: phone (715) 839-4957 or email: Purchasing2@eauclairewi.gov. See timetable for submittal of formal questions.

Section 5.0 – Preparing and Submitting:

5.1 General Instructions

Evaluation and selection of the firm for this project will be based on information submitted in the request for proposal plus references, oral presentations (if requested), other references and supplemental information. Failure to respond to each requirement in the RFP may be the basis for rejecting a response.

Elaborate Proposals; e.g. expensive artwork beyond that which is sufficient to present a complete and effective proposal is not necessary.

5.2 Request for Proposal (RFP)

Letter of Introduction/Statement of Interest

• Summarize the firm’s interest in this project and any special knowledge or expertise that the firm has to offer.

• Include name of contact person, phone number, e-mail address and web site address

Table of Contents

• Include a Table of Contents that outlines in sequential order, the major areas of the proposal. All pages of the proposal, including enclosures, must be clearly and consecutively numbered as documented in the

Table of Contents.

Firm’s Information; including the following:

• Office location

• Ownership, affiliation, and years in business

• Past performances on similar contracts in terms of cost control, quality of work and compliance with performance schedules.

• List of the last three (3) assignments of similar projects and budget ranges that were completed by the firm, including the firm’s lead person and references for this project.

mailto:Purchasing2@eauclairewi.gov

Firm’s Financial Responsibility

• The Firm shall provide information demonstrating that it has the necessary financial resources to perform the contract resulting from this RFP. Proposers must submit with their response to the RFP at a minimum, a current credit statement or letter from the firm’s primary

Bank verifying credit worthiness.

Information on individuals who will provide the service, including the following:

• Resume or biosketch of the individual in charge of the service and other employees involved.

• Identify any sub-consultants to be used on the project and the percentage of their level of involvement along with their experience working on like projects.

Proposed services; Include the following:

• Proposed work plan or proposed scope of work and technical/innovative approaches for the project. Provide both a summary and the detail of your proposed services.

• Indicate proposed timeframe to complete the tasks and the estimated number of hours per assigned individual or specific service.

Price Proposal:

• Price Proposal shall include any and all one-time or set-up charges, as well as all other fees that will be charged.

• The price must reflect all costs, which the City would be required to pay the firm in connection with Section 2.0, Scope of Work in this RFP.

• The price proposals shall be submitted separately from the technical response in a separate email file and shall include a price for each category specified and all other costs, on an annualized basis, for which the City will be expected to pay, must be indicated on the form.

Section 6.0 – Evaluation Process & Criteria:

6.1 Evaluation Criteria

The evaluation team will base their decision on the qualifications and experience of the firm and staff along with feedback that may be requested from references. The evaluation process will include a review and ranking by each individual member of the review team of each proposal. The review team may meet and combine their rankings to select the top firms to have their price proposals reviewed.

Criteria evaluated:

➢ Experience of Firm and Key Individuals in similar projects

➢ Proposed Services/Project Vision

➢ Proposed Schedule

➢ Familiarity with Eau Claire and the Chippewa Valley Region

The price proposal of the highest-ranked firms will be opened and the cost of the services formulated with the firm’s initial ranking to arrive at the total ranking of each of the short-listed firms. The recommendation to award the contract will be to the firm that has the highest point total of the selected firms.

6.2 Appeals Process:

Protests of this award must be made in writing specifically stating provisions that have been violated and filed with the Purchasing Department within 14 days after issuance notice of award or after such proposer knows or should have known the facts given rise thereto. Protest process will follow City Code of Ordinance 2.92.195.

6.3 Negotiations with top rated firm

Upon selection of the top-rated firm, the City may enter into limited negotiations with the selected top-rated firm to clarify the scope of services to be provided. Note, however, that costs for services are part of the evaluation and scoring of points. You are encouraged to submit your best and final offer with the proposal.

6.4 Terms of Agreement

Upon mutually agreeing to the terms of the contract, written agreement will be prepared by the City utilizing the City’s contract agreement (attached) as amended to the specific terms of this contract. It is important to note that the City will not indemnify the

Consultant. The City will own all documents and drawings they pay a Consultant to prepare.

6.5 Failure to Reach Agreement

If an agreement cannot be reached with the top-rated firm, negotiations will be terminated, and the City will open negotiations with the second-rated firm. The negotiation process will continue until an agreement is reached with one of the short-listed firms. If no agreement is reached with the short-listed firms the negotiation process will be terminated at the City’s discretion.

CITY OF EAU CLAIRE, WISCONSIN

AGREEMENT

I. NAME OF CONTRACTING PARTIES

This contract is entered into on _________20__, between the City of Eau Claire, 203 South Farwell

Street, Eau Claire, Wisconsin 54702-5148, hereafter called the City and ___________________, hereafter called CONSULTANT.

The parties hereto agree as follows:

II. PROJECT MANAGER

A. Assignment of Project Manager

The CONSULTANT shall assign the following individual to manage the project described in this contract.

Project Manager:

The CONSULTANT appoints ____________________ to function as project manager with respect to the work performed under this contract.

B. Changes in Project Manager

The City has the right to approve or disapprove any proposed change from the individual named in Article II.A. The City shall be provided with a resume for any proposed substitute and shall be given the opportunity to interview that person prior to its decision to approve or disapprove.

III. SCOPE OF WORK AND RESPONSIBILITIES OF THE CONSULTANT

A. Scope of Work

The CONSULTANT shall provide the services described in Attachment ‘A’, Scope of Services.

B. Other Services

The CONSULTANT shall, upon request and without additional compensation, furnish such explanation as may be necessary to clarify and interpret the plans, specifications or report, as the case may be.

C. Additional Services

The CONSULTANT shall provide additional products and/or services provided by this

Agreement if such additional products and/or services are requested in writing by the City’s

Project Manager or other authorized employee of the City. Such additional costs may not be incurred prior to receipt of written approval by the City. Compensation for services provided by this Agreement shall be as specified in Article V. Costs for additional products and services not covered under this Agreement shall be negotiated and set forth in a written amendment to this

Agreement executed by both parties. The amendment shall be executed by both parties prior to proceeding with the work covered under subject amendment.

IV. RESPONSIBILITY OF THE CITY

At its own expense, the City will have the following responsibilities regarding the execution of the contract by the CONSULTANT.

A. Project Officer

The City appoints ____________________to function as project officer to act as the City's representative with respect to the work performed under this contract.

B. Prompt Response

To prevent an unreasonable delay in the CONSULTANT's work, the City will examine all reports, drawings, specifications and other documents and will make authorizations in writing to the CONSULTANT to proceed with work within a reasonable time period.

C. Project Requirements

The City will furnish, at the CONSULTANT's request, such information as is needed by the

CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from

City records.

V. COMPENSATION AND TERMS OF PAYMENT

The City shall pay the CONSULTANT, in accordance with the terms and conditions of this contract for basic services, as set forth in Article III A and B, a maximum fixed fee of $_____________, and for additional services, as set forth in Article III.C, subject to written approval of the City, at the rates shown in Attachment ‘B’. Rates shown in attached fee schedules shall be firm for the duration of this agreement.

VI. METHOD OF PAYMENT

The CONSULTANT shall submit itemized monthly statements for services described in Article III of the contract. The City shall pay the CONSULTANT within 30 calendar days after receipt of such statement.

VII. TERMINATION OF THE CONTRACT

A. For Cause

If, through any cause not beyond the control of the CONSULTANT, the CONSULTANT shall fail to fulfill in timely and proper manner the obligations under this agreement, the City shall have the right to terminate this contract by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any usable work completed.

B. For Convenience

The City may terminate this contract by giving written notice to the CONSULTANT no later than 10 calendar days before the termination date. If the City terminates the contract under this clause, the CONSULTANT shall be entitled to just and equitable compensation for any work completed.

VIII. CONFLICT OF INTEREST

No elected official or employee of the City who exercises any responsibilities in the review, approval, or carrying out of this contract shall participate in any decision relating to this contract which affects his or her direct or indirect personal or financial interest.

IX. ASSIGNABILITY

The CONSULTANT shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City.

X. TITLE TRANSFER

The products of this contract shall be the sole and exclusive property of the City. Upon completion or other termination of this contract, and at the request of the City, the CONSULTANT shall deliver to the

City machine-reproducible copies of any and all materials pertaining to this contract. Future use of these products (plans, specifications, and all other materials produced under this contract) by the City for different facilities without specific adaptation by the CONSULTANT, will be at the risk of the owner.

XI. PUBLIC RECORD CONTRACT CLAUSE

Both parties understand that the city is bound by the public records law, and as such, all of the terms of this agreement are subject to and conditioned on the provisions of Wis. Stats. § 19.21, et seq.

CONSULTANT acknowledges that it is obligated to assist the city in retaining and producing records that are subject to the Wisconsin Public Records law, and that the failure to do so shall constitute a material breach of this agreement, and that the contractor must defend and hold harmless from liability under that law in regard to records maintained or that should have been maintained by the contractor.

Except as otherwise authorized, those records shall be maintained for a period of seven years after receipt of final payment under this agreement.

XII. CONFIDENTIALITY

No reports, information, and/or data given to or prepared or assembled by the CONSULTANT under this contract shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the City.

XIII. INDEMNITY

The CONSULTANT shall indemnify and hold harmless the City, its employees and subcontractors from and against any and all claims and actions, including reasonable attorney's fees, arising out of damages or injuries to persons or tangible property to the extent they are caused by a negligent act, error, or omission of CONSULTANT or any of its agents, subcontractors, or employees in the performance of services under this Agreement.

XIV. INSURANCE

To the satisfaction of the City, the CONSULTANT shall maintain insurance or otherwise provide protection against claims under Worker's Compensation acts; claims due to personal injury or death of any employee or any other person; claims due to injury or destruction of property; and claims arising out of errors, omissions, or negligent acts for which the CONSULTANT is legally liable. A certificate showing the amounts and extent of such protection shall be submitted to the City prior to commencement of work under this contract.

XV. CONTROVERSIES

Any controversy or claim arising out of this contract will be settled in accordance with Chapter 2.92 of the City Code of Ordinances.

XVI. DEBARMENT AND SUSPENSION

A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2

CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.

XVII. ERRORS OR DEFICIENCIES

The CONSULTANT shall without additional compensation revise any materials prepared under this contract if it is determined that the CONSULTANT is responsible for any errors or deficiencies.

Further, the CONSULTANT shall be responsible for costs incurred by the City, which are over and above the costs that would have been incurred, had the error, omission or deficiency not occurred.

XVIII. CONTRACT PERIOD

This agreement shall, unless otherwise stated elsewhere herein, terminate upon final payment to the

Consultant. Both parties' obligations under this agreement, which by their nature are intended to continue beyond termination or expiration of this Agreement, shall survive the termination or expiration of this agreement.

XIX. COMPLETENESS OF THE CONTRACT

This document and any specified attachments contain all terms and conditions of this contract and any alteration shall be invalid unless made in writing, signed by both parties, and incorporated as an amendment to this contract. There are no understandings, representations or agreements, written or oral, other than those incorporated herein.

IN WITNESS WHEREOF, the parties have signed this contract as of the day and year first above written.

FOR THE CITY: FOR THE CONSULTANT:

BY: ______________________________________ BY: _________________________________

Greg Bowe Signature

Purchasing Manager http://federal.elaws.us/cfr/2CFR180.220 http://federal.elaws.us/cfr/2CFR180 http://federal.elaws.us/cfr/2CFR180 http://federal.elaws.us/cfr/3CFRpart1986

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