request for proposal pavement coring … for proposal . pavement coring . with geotechnical...

REQUEST FOR PROPOSAL PAVEMENT CORING

WITH GEOTECHNICAL ENGINEERING SCOPE OF WORK: The City of Traverse City hereby solicits proposals from qualified engineering firms to complete pavement coring for the 2015 Pavement Preservation Project in the City. The intent of the City is to have this work completed prior to May 8, 2015. The selected firm shall complete all work in accordance with the City of Traverse City Pavement Coring requirements attached hereto, and provide two copies of all final reports, field notes and electronic files certified by a Licensed Professional Engineer. All electronic files shall be submitted in a compatible format to the City. SUBMISSION OF PROPOSALS: Interested firms must submit two (2) copies of sealed proposals which should include at a minimum the following information:

1. Firm names and introduction. 2. Qualifications of staff to be assigned to this project. Describe where personnel will be

physically located while they are engaged in the project. 3. Examples of experience with similar projects. 4. Narrative in which the firm delineates their understanding of what is being requested by

the City in this proposal including the items of work they will accomplish for the City, noting any work items they may feel should normally be accomplished under or related to this request, but in their opinion are beyond the scope of what is being requested and therefore not part of this proposal.

5. The methodology, approach or work plan, including timelines, which would be used to complete the project.

6. Proposal Sheet with “Not to Exceed” project cost and unit cost for added coring locations.

Sealed proposals must be submitted to Timothy J. Lodge, City Engineer, 400 Boardman Avenue, Traverse City, Michigan, 49684 no later than 10:00 a.m., April 9, 2015. "2015 Pavement Preservation Pavement Coring Project" shall be clearly marked on the outside of the sealed envelope. Submittals sent by email or telefax will not be accepted. Questions may be addressed to Timothy J. Lodge, City Engineer, 231-922-4455.

REQUEST FOR PROPOSAL 2015 Pavement Preservation Pavement Coring Project of 5

EVALUATION OF PROPOSALS: All proposals received shall be subject to evaluation by the City of Traverse City. This evaluation will be conducted in the manner appropriate, as may be deemed by the City, for the selection of a firm for the purpose of entering into a contract to perform this project. Price alone shall not be the basis for the award of this work, but shall be only one of the components considered. The City does not intend to award a contract for this work solely on the basis of any response made to this request. The following facts, along with other items, will be considered:

1. The firm's expertise and experience as related to the required work. 2. The firm's understanding of the project scope and quality of the firm's project approach. 3. The cost and time scheduled as proposed. 4. Qualifications and availability of the key staff members proposed to work on this project. 5. Involvement of the firm in similar types of projects, reference responses and quality of

work on previous projects. All proposals submitted must include "not to exceed" and unit cost for added coring locations for the 2015 Pavement Preservation Pavement Coring Project. INSURANCE: The Firm is required to provide and maintain at all times during this project the following insurance. Certified copies, setting forth the limits and coverage, shall be furnished to the City Engineer before commencing with any work. The policy shall contain endorsements stating that a 10-day notice will be given to the City prior to termination or any change in the policy and shall describe the project and provide coverage for the following terms: A. Comprehensive General Liability Insurance with limits of liability not less than

$1,000,000 per occurrence and/or aggregate combined single limit with the City listed as an additional insured. Professional liability insurance coverage in the amount of $1,000,000 minimum.

B. Motor Vehicle Liability Insurance, including applicable no-fault coverage, combined single limit bodily injury and property damage shall be maintained during the life of the contract. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

C. Workers Compensation Insurance, including Employers’ Liability Coverage in accordance with all applicable statutes of the State of Michigan. D. If any of the insurance is canceled, the Firm shall cease operations, and shall not resume until new insurance is obtained.


SUPPLEMENTAL INFORMATION AND REQUIREMENTS: The City of Traverse City reserves the right to waive any informality or defect in any proposal, to accept any proposal or parts thereof or to reject any or all proposals, should it deem it to be in the best interest of the City of Traverse City to do so. The City reserves the right to revise the contents of the proposal and to negotiate all aspects of this proposal and any future agreement with the successful firm of the City's choice. The City further accepts no responsibility for expenses which may be incurred in the preparation of such proposals. The selected firm shall be expected to comply with all applicable State and Federal laws in the performance of services. Submittals to the City are considered public information. The City has the right to disclose information contained in the submittals. The City further reserves the right to photocopy, circulate or otherwise distribute any material submitted in response to the Request for Proposal (R.F.P.). Original materials which the consultant may wish returned shall be clearly marked to be returned to them. The selection of the successful firm shall be made without regard to race, color, sex, age, religion, sexual preferences, handicap, political affiliation, veteran status, or national origin. The City is an Equal Opportunity Employer. The selected Firm will be required to enter into a Consultant Agreement for this project. A sample agreement is attached. Any questions regarding this request for proposal shall be submitted in writing to the City Engineer at least seven (7) days prior to the deadline for submitting the request for proposal. Written answers to questions, which in the opinion of the City may change or substantially clarify the request for proposal, will be submitted to all prospective firms.


PROPOSAL SHEET

TITLE: REQUEST FOR PROPOSAL: 2015 Pavement Preservation Pavement Coring

Project DUE DATE: 10:00 AM, April 9, 2015 Having carefully examined the attached R.F.P. and any other applicable information, the undersigned proposes to furnish all items necessary for and reasonably incidental to the proper completion of this proposal. The undersigned understands and agrees that they must be licensed to do business as Professional Engineers in the State of Michigan. The undersigned submits this proposal and agrees to meet or exceed all requirements and specifications listed on the R.F.P., unless otherwise indicated in writing and attached hereto. The undersigned certifies, as of the date of this proposal, not to be in arrears to the City of Traverse City for debt or contract or is in any way a defaulter as provided for in Section 152, Chapter XVI of the Charter of the City of Traverse City. The undersigned understands and agrees, if selected to be awarded this work, to enter into an agreement with the City to supply this work. The undersigned understands that the City reserves the right to accept any or all proposals in whole or in part and to waive irregularities in any proposal in the interest of the City. The Proposal will be evaluated and awarded on the basis of best value to the City. The decision criteria to be used, but will not be limited to, is price, accessories, options and overall capability to meet the needs of the City. The undersigned agrees that the proposal may not be withdrawn for a period of 60 days from the actual date of the opening of proposals. Not to Exceed Proposed Cost Summary:


Pavement Coring 2015 Pavement Preservation Pavement Coring Project: (Not to Exceed Cost) $ (Unit Cost per Additional Coring Location) $ Submitted by: __________________________ ____________________________ (Signature) (Name & Title - print) __________________________ _____________________________ (Company Name) (Company Address) __________________________ _____________________________ (Telephone Number) (City, State, Zip Code)

Revised 3-12-2015 Page 1 of 4

Attachment "A"

CITY OF TRAVERSE CITY, MICHIGAN PAVEMENT CORING REQUIREMENTS

Scope of Services The Consultant shall complete all pavement coring using direct push (Geoprobe) or SPT sampling methods in accordance with the following and applicable professional standards: Pavement Coring Without Utility Replacement Work Steps

1. The Consultant is responsible for taking all pavement cores at the frequency and location as directed by the City Engineer. All coring shall include full depth coring of rigid, flexible, and / or composite pavements for determination of pavement thickness. Existing pavement conditions based on historical information are provided, see location descriptions.

2. The Consultant is responsible for advancing coring to a depth of 5’ feet below the street surface. Determine base and sub-base material.

3. The Consultant will furnish all services and labor necessary to conduct and complete the requirements for geotechnical services as described herein. The Consultant shall furnish all materials, equipment, supplies, and incidentals necessary to perform these services.

4. The Services described herein are financed with public funds. The Consultant shall comply with all applicable Federal and State Laws, rules and regulations.

5. The Consultant will perform field operations in accordance with OSHA and MIOSHA regulations and accepted safety practices.

6. The Consultant is responsible for traffic control and maintaining traffic during all operations. The Consultant’s method of traffic control and maintaining traffic shall be in accordance with the current edition of the Michigan Manual of Uniform Traffic Control Devices (MMUTCD).

7. The Consultant is responsible for contacting MISS DIG (1-800-482-7171 or 811), placing

MISS DIG utility identification requests, and coordinating with MISS DIG to ensure public and private utilities have been staked and identified prior to starting any work on the project. The Consultant is also responsible for location of other utilities that do not subscribe to or are not a part of the MISS DIG system. Any damage to public and / or


private utilities and / or personal injury will be at the Consultant’s expense and will not be the responsibility of The City of Traverse City.

8. The Consultant is responsible to ensure no property damage results from any of the work detailed herein. Any property damage as a result of the Consultant’s work will be at the Consultant’s expense and will not be the responsibility of The City of Traverse City.

9. Where field operations are to be performed in metered parking spaces the Consultant shall notify the City Engineer 48 hours in advance to facilitate reserving the parking spaces.

10. The Consultant is responsible for preparing all core and boring reports including the

following as a minimum:

a. Date and site of core / bore. b. The location, including lateral and longitudinal offsets referencing lanes and cross

streets. Label mainline, curb, shoulder, turn lane etc. c. Core / bore identification number. d. Graphic profile indicating depth of each layer in the core, in inches, the type of

pavement material and condition, depth of reinforcing steel and coarse aggregate type. The graphic profile should be extended to show the aggregate base (in.), sub-base (in.) and subgrade (ft.) descriptions.

e. Indication of presence of water. f. Names of the crew members.

11. The Consultant is responsible for visually classifying all soils using the Unified Soil Classification System.

12. The Consultant is responsible for backfilling and compacting all core holes and filling

core holes within the pavement surface with bituminous patching material prior to leaving the specific location.

Location Descriptions (see attached maps)

B1 Centerline near 1229 Willow St. Exist. Pavement: Asphalt Depth: 5 Ft. B2 Near east curb at 1621 E. Lane. Exist. Pavement: Asphalt Depth: 5 Ft


B3 Centerline near 802 Fern St. Exist. Pavement: Asphalt Depth: 5 Ft. B4 Centerline near 1011 Fern St.

Exist. Pavement: Asphalt Depth: 5 Ft. B5 Near south curb at 1122 Carver St.

Exist. Pavement: Asphalt Depth: 5 Ft. B6 Intersection of Hastings and Carver St.

Exist. Pavement: Asphalt, Asphalt over Concrete Depth: 5 Ft. B7 Near north curb at 1244 Carver St.

Exist. Pavement: Asphalt Depth: 5 Ft. B8 Centerline near 2206 Aspen St.

Exist. Pavement: Asphalt Depth: 5 Ft. B9 Centerline near 2210 Birchwood St.

Exist. Pavement: Asphalt Depth: 5 Ft. B10 Centerline near 2174 Kewaunee St.

Exist. Pavement: Asphalt Depth: 5 Ft. B11 Centerline near 2218 East Timberlane St.

Exist. Pavement: Asphalt Depth: 5 Ft. B12 Intersection of Cuyahoga and Kaukauna St.

Exist. Pavement: Asphalt Depth: 5 Ft. B13 Centerline near 2120 East Timberlane St.

Exist. Pavement: Asphalt Depth: 5 Ft.


Additional Coring Location(s):

As directed by the Engineer in the streets listed above. Additional locations will be determined, if any, prior to consultants’ staking and MISS DIG coordination. Depth shall be 5 Ft.

Geotechnical Engineering

Work Steps

1. Classify pavement type and thickness. Classify soils using the USCS classification system visually and manually.

2. Prepare the Coring Report sealed by a licensed Professional Engineer in the State of

Michigan.

WILLOW

CHER

OKEE705

701

629

1224

1225 12071229

1222

1250

1223 1221

2015 Pavement Preservation Project: WillowPavement Borings with Geotechnical Engineering

Boring #1

Location Map 3-4-2015100 0 10050 Feet

B1

CENT

ER

NINETEENTH

225

220 221

224

105

109

241

101229

233109

102

221

246

222

205223

203

204 108208

213237

215

1617

16211620

1621

16161615

1629

2015 Pavement Preservation Project: East LanePavement Borings with Geotechnical Engineering

Boring #2


B2

FERN

ROSE

KELL

EY

WOOD

GARF

IELD

COMF

ORT

812

808

740

923

921

927

925

829

833 926

922

811

805

713

716714

712710

896 804

902

803

812

806804802800

909

743

736

745

937

821

803

823

819

906 910

906732

913

739

930

905

711

709

734

901

809

889

742

707

705

915

936

738

802

913

914910

909

920

822

750

924

814

919

939

928

929

914

891

715

732

804

810820

924

932

917

811

933

920940

828

919

833

937

825

817

942938

852

923

918

830

829

927

934

941

728

724

720

2015 Pavement Preservation Project: Fern (Page 1 of 2)Pavement Borings with Geotechnical Engineering

Boring #3


B3

CARVER

FERN

GARF

IELD

KINROSS

933 943

935927

917915 943

944

905

1017

1022

10201025

10291040

1027

1003

1031

1011

1000

1040

1048

1010

1001

1021

1034

1015

1009

1017

1012

1021

2015 Pavement Preservation Project: Fern (Page 2 of 2)Pavement Borings with Geotechnical Engineering

Boring #4


B4

CARVER

HAST

INGS

1030

112311171045

1127

1121

1125

1031

11151126

1138

1035

1116

1122

1109

1120

1244

11371133

2015 Pavement Preservation Project: Carver StPavement Borings with Geotechnical Engineering

Borings #5, 6, and 7


B5 B7B6

ASPEN

BIRCH

WOOD

549

629

601540539

611

2127

2128

2115 2217

2102

2103 2203

22062116

2015 Pavement Preservation Project: AspenPavement Borings with Geotechnical Engineering

Borings #8


B8

BIRCHWOOD

BIRCH

WOOD

639

653

2210

22092125

2113 2201

2218

2217

22022126

2227

2015 Pavement Preservation Project: Birchwood CtPavement Borings with Geotechnical Engineering

Boring #9


B9

KEWAUNEE

ALCONACOVENTRY

2167

2181

21682204

2162

2173

2174 2180

2015 Pavement Preservation Project: KewauneePavement Borings with Geotechnical Engineering

Boring #10


B10

EAST

TIMBE

RLAN

E

KAUKAUNA

CUYAHOGA

2202

2209

2174 2218

2212

2224

2216

2174

2180

2210

2209

21852222

2203

2015 Pavement Preservation Project: E Timberlane, Kaukauna/CuyahogaPavement Borings with Geotechnical Engineering

Borings #11 and 12


B12

B11

EAST TIMBERLANE

ARRO

WHEA

DTIMBER LANE

934

942

2120

2102

2115

2017

2103

2018

2073

2033

210921212025

2126

2108

2083 2082

2015 Pavement Preservation Project: E TimberlanePavement Borings with Geotechnical Engineering

Boring #13


B13

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CITY OF TRAVERSE CITY CONSULTANT AGREEMENT

THIS AGREEMENT made this ______ day of _______________, 2015, by and between the CITY OF TRAVERSE CITY, a Michigan municipal corporation, of 400 Boardman Avenue, Traverse City, Michigan, 49684, (the "CITY"), and ____________________ a Michigan ______________ at ________________________________________ (the "CONSULTANT"); WHEREAS, the City desires to engage the services of the Consultant to furnish technical and professional assistance concerning the project which is described as: Pavement Coring with Geotechnical Engineering and the Consultant wishes to furnish such technical and professional service to the City and has represented that Consultant has the education, expertise, capability and the necessary licenses to perform such services; THEREFORE, the parties mutually agree as follows: 1. Scope of Services. The Consultant shall provide services in accordance with and as set forth in Attachment A, "Scope of Services", attached hereto and the Consultant's submittal dated ____________ incorporated herein by reference. 2. Compensation and Method of Payment. The City shall pay to the Consultant and the Consultant agrees to accept as full compensation for services under this Agreement the total sum not to exceed _______________________________ in accordance with Attachment "B" attached hereto and incorporated herein by reference. 3. Period of Performance. The services to be rendered under this Agreement shall commence within ___________ working days of execution hereof. Performance shall be in accordance with the schedules attached hereto. 4. Independent Contractor. The relationship of the Consultant to the City is that of an independent contractor and in accordance therewith, Consultant covenants and agrees to conduct itself consistent with such status and that neither it nor its employees, officers or agents will claim to be an officer, employee or agent of the City or make any claim, demand or application to or for any rights or privileges applicable to any officer or employee of same, including but not limited to worker's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit. The parties do not intend the services provided by Consultant to be a joint endeavor. 5. Consultant Responsibility. The Consultant shall perform the work in a good and workmanlike manner and assumes the risk in performing under this Agreement. Consultant shall be solely responsible and answerable in damages for all improper work, accidents or injuries to person or property.

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6. Indemnity. Consultant shall defend, indemnify and save harmless the City, its officers, agents and employees from and against any and all claims, liabilities, losses, damages, actual attorney fees and settlement expenses arising from bodily injury or death of any persons and damage or loss of any property resulting or arising out of or in connection with the performance of any work relating to this contract based upon any act, omission, or negligence of Consultant or its employees, agents, servants, {subcontractors}, or any other person or persons, including but not limited to the City, its agents, officers, or employees. The Consultant shall not be obligated to indemnify the City for the City’s own negligence. This indemnification agreement shall not be limited by reason of insurance coverage of any type. This provision is not intended to waive the defense of governmental immunity that may be asserted by the City in an action against it. 7. Insurance. The Consultant shall acquire and maintain comprehensive general liability insurance coverage in the amount of $1,000,000 minimum, listing the City as an additional insured. The Consultant shall also acquire and maintain professional liability insurance coverage in the amount of $1,000,000 minimum. The Consultant agrees not to change and agrees to maintain such insurance throughout the period of performance of this Agreement. Consultant will upon execution of this Agreement provide a certificate of insurance to the City Clerk. 8. Motor Vehicle Liability Insurance. The parties shall maintain motor vehicle liability insurance including applicable no-fault coverage, combined single limit bodily injury and property damage shall be maintained during the life of the contract. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. 9. Workers Compensation. The parties shall maintain suitable workers compensation insurance pursuant to Michigan law and Consultant shall provide a certificate of insurance or copy of state approval for self insurance to the City Clerk upon execution of this Agreement. 10. Compliance with Regulations. The Consultant shall comply with all applicable statutes, rules and regulations of all Federal, State and local governments and agencies having jurisdiction, and bears the risk of any such authorities or changes thereto. 11. Standard of Conduct. Consultant shall render all services under this Agreement according to generally accepted professional practices for the intended use of the work or project. 12. City's Obligation. The City shall provide Consultant with all information currently available to the City upon request of the Consultant. The City Manager shall designate a City employee to be the City's representative for purposes of this Agreement. 13. Non-Discrimination. The parties agree not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, or marital status. Breach of this covenant may be regarded as a material breach of this Agreement.

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14. Prohibition Against Assignment. This Agreement is intended to secure the service of Consultant because of its ability and reputation and none of the Consultant's duties under the Agreement shall be assigned, subcontracted, or transferred without the prior written consent of the City Manager. Any assignment, subcontract or transfer of Consultant's duties under this Agreement must be in writing. 15. Third Party Participation. The Consultant agrees that despite any subcontract entered into by the Consultant for execution of activities or provision of services related to the completion of this project, the Consultant shall be solely responsible for carrying out the project pursuant to this Agreement. The Consultant shall specify in any such subcontract that the subcontractor shall be bound by this Agreement and any other requirements applicable to the Consultant in the conduct of the project unless the City Manager and the Consultant agree to modification in a particular case. The Consultant shall not subcontract unless agreed upon in writing by the City. 16. Third Party Beneficiaries. This Agreement confers no rights or remedies on any third party, other than the parties to this Agreement and their respective successors and permitted assigns. 17. Interest of Consultant. The Consultant represents that its officers and employees have no interest and covenant that they will not acquire any interest direct or indirect, which would conflict in any manner or degree with the performance of Consultant's services and duties hereunder. The Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed. Consultant further covenants that neither it nor any of its principals are in default to the City. 18. Covenant Against Contingent Fees. The Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees. For breach of violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 19. Qualifications of the Consultant. The Consultant specifically represents and agrees that its officers, employees, agents and Consultants have and shall possess the experience, knowledge, and competence necessary to qualify them individually for the particular duties they perform hereunder. 20. Notice. Whenever it is provided in this Agreement that a notice or other communication is to be given or directed to either party, the same shall be given or directed to the respective party at its address as specified in the Agreement, or at such other address as either party may, from time to time, designate by written notice to the other. 21. Amendments. This Agreement may be modified from time to time, but such modifications shall be in writing and signed by both parties.

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22. Termination. A. For Fault. If the City Manager determines that the Consultant has failed to perform or will fail to perform all or any part of the services, obligations, or duties required by this Agreement, the City Manager may terminate or suspend this Agreement in whole or in part upon written notice to the Consultant specifying the portions of the Agreement and in the case of suspension shall specify a reasonable period not more than thirty (30) days nor less than fifteen (15) days from receipt of the notice, during which time the Consultant shall correct the violations referred to in the notice. If the Consultant does not correct the violations during the period provided for in the notice, this Agreement shall be terminated upon expiration of such time. Upon termination, any payment due the Consultant at time of termination may be adjusted to cover any additional costs occasioned the City by reason of the termination. This provision for termination shall not limit or modify any other right to the City to proceed against the Consultant at law or under the terms of this Agreement. B. Not for Fault. Whenever the City Manager determines that termination of this Agreement in whole or in part is in the best interest of the City or in the event that termination is required by any State or Federal agency, the City Manager may terminate this Agreement by written notice to the Consultant specifying the services terminated and the effective date of such termination. Upon termination, the Consultant shall be entitled to and the City shall pay the costs actually incurred in compliance with this Agreement until the date of such termination plus any costs the Consultant incurs directly resulting from such termination. 23. Interpretation. This Agreement shall be governed by the laws of the State of Michigan, both as to interpretation and performance. This Agreement was drafted at the joint direction of the parties. The pronouns and relative words used herein are written in the neuter and singular. However, if more than one person or entity joins in this Agreement on behalf of Consultant, or if a person of masculine or feminine gender joins in this Agreement on behalf of Consultant, such words shall be interpreted to be in the plural, masculine or feminine as the sense requires. 24. Venue. Any and all suits for any and every breach of this Agreement may be instituted and maintained in any court of competent jurisdiction in the County of Grand Traverse, State of Michigan. 25. Dispute Resolution. If any party has a dispute with another regarding the meaning, operation, or enforcement of any provision of this Agreement, the disputing parties agree to meet and confer to negotiate a resolution of the dispute. They further agree as follows: A. Mediation. If they are unable to resolve the dispute themselves and before formally instituting any other dispute mechanism, they shall utilize the services of a mutually acceptable neutral mediator, who meets the qualifications of MCR 2.4111, to bring them together in at least one mediation session. B. Arbitration. If they are unable to resolve the dispute through mediation, it shall be decided by final and binding arbitration according to the rules and procedures of Arbitration

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Services of Northern Michigan. Judgment upon the award rendered by the arbitrator may be entered in Circuit Court. C. Venue. All meetings, hearings and actions to resolve the dispute shall be in Grand Traverse County. D. Notice. Written notice of a claim shall be given to the other party not later than 90 days after the occurrence giving rise to the dispute becomes known or should have become known. Negotiations and mediation shall occur within 60 days after such notice. Unless a longer time is agreed upon, arbitration must be demanded within 120 days after such notice and, if not, the claim is deemed waived. Arbitration must be demanded within this time limit even if negotiation or mediation has not occurred, but the arbitrator must direct the parties to mediation before issuing an award. 26. Entire Agreement. This Agreement, together with all items incorporated herein by reference, constitutes the entire agreement of the parties and there are no valid promises, conditions or understandings which are not contained herein. It is understood that should Consultant recommend further work concerning the project, the City is under no obligation to engage Consultant in such work. 27. Authority to Execute. The parties agree that the signatories appearing below have the authority and are duly authorized to execute this Agreement on behalf of the party to the Agreement. 28. Reuse of Documents. All documents and electronic files delivered to the CITY are instruments of service in respect of the Project. Nevertheless, all documents and electronic files delivered to the CITY shall become property of the CITY upon completion of the work and payment in full of all monies due the CONSULTANT. Copies of the CITY-furnished data that may be relied upon by CONSULTANT are limited to the printed copies (also known as hard copies) that are delivered to the CONSULTANT. Files on electronic media of text, data or graphics or of other types that are furnished by the CITY to CONSULTANT are only for convenience of CONSULTANT. Any conclusion of information obtained or derived from such electronic files will be at the user’s sole risk. Economic benefit to the CITY for having these files is predicated on the files being media form, software release number and hardware operating system number as utilized by the CONSULTANT. Copies of Documents that may be relied upon by the CITY are limited to the printed copies (also known as hard copies) that are signed or sealed by the CONSULTANT. Files on electronic media of text, data or graphics or of other types that are furnished by CONSULTANT to the CITY are only for convenience of the CITY. Any conclusions or information obtained or derived from such electronic files will be at the user’s sole risk. Electronic file copies of drawings will not contain the CONSULTANT’s seal or the identification of the CONSULTANT in the title block.

29. Freedom of Information Act. Consultant acknowledges that the City may be required from time to time to release records in its possession by law. The Consultant hereby gives permission to the City to release any records or materials received by the City as it may be requested to do so as permitted by the Freedom of Information Act, MCL 15.231 et seq.

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Provided, however, that Consultant shall not be held liable for any reuse of the documents prepared by Consultant under this Agreement for purposes other than anticipated herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: CITY OF TRAVERSE CITY __________________________ By___________________________ Michael Estes, Mayor ___________________________ By___________________________ Benjamin Marentette, City Clerk CONSULTANT ____________________________ By___________________________ Signature _____________________________ Name and Title (print or type) APPROVED AS TO SUBSTANCE: ____________________________ Penny Hill Acting City Manager APPROVED AS TO FORM: _____________________________ Lauren Trible-Laucht City Attorney

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ATTACHMENT A SCOPE OF SERVICES

[Specifications and Firm's proposal inserted here]

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ATTACHMENT B SCHEDULE OF PAYMENTS

Payments will be made to the Firm as follows: The City shall pay to the Firm and Firm agrees to accept as full compensation for services under this Agreement the total sum not to exceed ________________________________

TIMETABLE FOR ACTIVITIES

The services to be rendered under this Agreement shall commence within ________ working days of execution hereof and is anticipated to be completed by ______________.