REQUEST FOR PROPOSAL

CHEYENNE DEPOT PLAZA WATER FEATURE DESIGN SERVICES

August 5, 2016

Solicited by theCHEYENNE DOWNTOWN DEVELOPMENT

AUTHORITY/MAIN STREET (DDA/MS)

The DDA/MS has adopted a Downtown Core Area Plan which includes the potential installation of a water feature at the Cheyenne Depot Plaza.

Pursuant to that Plan, the DDA/MS is requesting proposals for planning and design services for a proposed water feature in downtown Cheyenne.

Proposals are due by September 8th, 2016 at 3:00 MST to:

CHEYENNE DDA/MS1601 Capital AvenueCheyenne, WY 82001

Contact: Desiree Brothe/Amy SurdamEmail Address: desiree@downtowncheyenne.com; amy@downtowncheyenne.com

All inquiries must be presented in writing via the email address above. Questions and responses will be shared with all firms on the RFP list.

SC OP E O F WO RK

The scope of work covered under this RFP is to provide preliminary and conceptual information on water feature design options, locations and potential costs. The information provided under this RFP will be used by the DDA/MS to determine the feasibility of a water feature and to budget for possible construction of the water feature.

Detailed design and construction related activities are not a part of the scope of work under this RFP.The DDA/MS reserves the right to negotiate with the selected consultant and to amend the agreement with the selected consultant to include preparation of construction documents without additional RFP’s or proposals.The decision to amend the agreement for the preparation of construction documents shall be at the sole discretion of the DDA/MS.

It is intended that the water feature will be an “interactive” feature and accessible to the public. However, the DDA/MS is open to creative ideas of the designer.

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No construction budget has been determined as of the date of this RFP. It is intended that the scope of work will assist in determining an appropriate budget for construction of the water feature.

The scope of work should include the following:1. A site visit and scoping meeting with involved parties to discuss the project objectives and

site considerations.2. A site assessment and recommendations of potential and recommended locations within the site.3. Drawings and other graphics to illustrate optional approaches including the type and scale of

water feature types.4. Cost estimates for construction of each optional water feature type including utility (water, drainage

and lighting, etc.) requirements.5. Cost estimates for detailed design and construction observation of each type of water feature.6. A written summary report documenting the above items and including recommendations.

The selected consultant will be provided with available AutoCAD drawings of the Depot Plaza construction and as-built drawings for their use on this project.

Note: All work shall be accomplished in accordance with applicable codes, standards, regulations and laws.

P R OPO SAL C ON TE N T & F O R M AT O F S U B M ITTAL

The following elements are required in your submission:

• P ro j e c t A pproa c h – Briefly describe the way that you or your firm would address the work outlined in this RFP.

• Sc hedu l e – For completion of the work required.• P roposed W or k Pl an – Describe your proposed approach to completing the deliverables identified in

a timely manner.• F ee Sc hedu l e – Provide a “not-to-exceed” fee proposal indicating hourly rates for all job

classifications/team members who will work on the project and expenses.o P ro vi de the f ee propo s a l i n a s eparate s ea l ed en v e l ope cl ear ly l abe l ed wi th the pro j e c t and

fi rm ’s name . Fee proposals will be opened after review of proposals and selection of the most qualified firm.

• R e f eren c es ( m i n i mum of three )

S ELECTI ON PRO CE SS

Proposals will be reviewed by a Selection Committee that will select the most qualified firm based on experience, responsiveness to the RFP and proposed fees.

Pl ease N ote : All Proposals received will be considered public information by the DDA/MS. Consultants are advised that any information considered by them to be trade secret, privileged or confidential data should not be revealed in the submittal. Contents of Proposals received and completed rating sheets will be made available to anyone requesting them after the process has been completed. The DDA/MS assumes no liability for the use of disclosure of technical or cost data submitted by any responding consultant.

The DDA/MS reserves the right to reject any and all proposals with or without cause, to waive any informalities or irregularities not involving price in any proposals received, to re-advertise for proposals, or take any other

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such actions and/or award contracts pursuant to this RFP that may be deemed to be in the best interest of the DDA/MS. The DDA/MS shall be the sole judge of the submittal that is in its best interest, and its decision shall be final. The DDA/MS also reserves the right and sole discretion to reject any response or proposal at any time on grounds that include, without limitation, either that a response is non-responsive to the RFP or is incomplete or irregular in any way, or that a solicitation response is not in the best interest of the DDA/MS. The DDA/MS also reserves the right to consider and rely upon factors other than pricing in its selection process.

All firms must be properly licensed and insured in order to work within the City of Cheyenne and the State of Wyoming.

T entat iv e Sc hedu l e* :RFP Issued: August 5, 2016RFP Due Date: August 30, 2016Selection Notification: September 28, 2016Completion of Work: November 30, 2016*This schedule is subject to modification. The consultant should submit a proposed schedule as part of their proposal.

SE L ECTION CRITERIA

The Selection Committee will evaluate and rate proposals using the following criteria:• Responsiveness to the RFP• Experience• Proposed timeline• Cost

For consideration, proposals shall contain all information requested. The DDA/MS retains the right to reject any or all proposals with or without cause.

A tta c hment s: Ex h i b i t A - Ov era ll D epot Pl a z a Pl an – Exi st i n g Ex h i b i t B – P ro f ess i ona l S er vic es Ag reement

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PROFESSIONAL SERVICES AGREEMENTPROJECT – Depot Plaza Water Feature

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CONTRACT # PROJECT NAME – DEPOT PLAZA WATER FEATURE

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT made and entered into this day of , 2016, by and between the DOWNTOWN DEVELOPMENT AUTHORITY, CHEYENNE, WYOMING, hereinafterreferred to as the “DDA” and hereinafter referred to as the “Consultant.”

RECITALS

In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the Parties as follows:

1. SCOPE OF WORK :The Consultant agrees to provide services as described for the above mentioned project, in accordance with the Scope of Work attached hereto as Exhibit A,incorporated by reference and expressly made a part hereof.

2. TIME OF PERFORMANCE :The Scope of Work shall be completed in accordance with the Project Schedule given in Exhibit C, which is attached to the Agreement, incorporated by reference, and expressly made a part hereof. Any e tensions of the time limit set forth in Exhibit C must be agreed upon in writing by the Parties.

3. CONSULTANT RESPONSIBILITY: The Consultant shall be responsible for the professional quality, technical accuracy, timely completion of drawings and other services rendered by the Consultant and its sub- consultants and subcontractors, and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies.

4. GIS MAPS AND DIGITAL DATA :If the Consultant uses any maps, coverages, images, or other digital data created by the Cheyenne/Laramie County Cooperative Geographic Information System (CLCCGIS) for the project specified in Exhibit A, the Consultant agrees to return or destroy that information once the project is complete. Consultant agrees not to reuse or sell the GIS maps or data, which were provided as a professional courtesy and to minimize the cost of the project.

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5. GIS DATA LIMITATION AND DISCLAIMED LIABILITY GIS data is collected primarily for use by the City of Cheyenne and Laramie County. Any unauthorized use of the data is at the risk of the user. The CLCCGIS cannot vouch for any unauthorized use.

6. COMPLIANCE WITH LAWS: The Parties agree that they will perform their obligations as provided in this Agreement in accordance with applicable laws and ordinances.

7. INDEMNIFICATION / HOLD HARMLESS: The Consultant agrees to indemnify and hold harmless the DDA from and against any and all liabilities, claims, damages, 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 to any person, destruction or damage to any property, or any violation of any laws, regulations or orders to the extent caused by (1) the Consultant’s, its agents, subcontractors or employees breach of any ter or provision of this Agreement; or (2) any negligent or wrongful act, error or omission by the Consultant, or its agents, employees or subcontractors in the performance of this Agreement and/or the services and work described herein. The Consultant acknowledges that it may incur a financial obligation to the DDA pursuant to the terms of this paragraph.

8. INSURANCE REQUIREMENTS: The Consultant must provide proof of the following insurance coverage:

Commercial General Liability InsuranceFor claims arising out of bodily injury, illness or death, or from damage to or destruction of property 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 InsuranceIncluding owned, non-owned, and hired vehicles with minimum limits for bodily injury and property damage of $1,000,000 per accident for the entire term of this Agreement

Workers’ CompensationWorkers’ Compensation coverage shall be in effect for the entire term of the Agreement, as required by Wyoming law, for all employees or agents providing services under this Agreement. Consultant shall provide the DDA with proof of workers’ compensation or employer’s liability insurance coverage.

Professional Liability InsuranceThe Consultant shall provide proof of professional liability insurance or errors and

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omissions liability insurance in an amount not less than $500,000 to protect the DDA from any and all claims arising from the Consultant's negligence in the performance of duties under this Agreement. The DDA prefers that this liability insurance coverage be provided pursuant to an “occurrence” policy.

Additional Insurance InformationThe Consultant shall name the DDA as an Additional Insured by endorsement on its insurance policies, with the exception of worker’s compensation and professional liability insurance, and shall provide the DDA with a copy of t endorsements.

Consultant shall provide the DDA with certificates of insurance acknowledging the above-stated coverage prior to beginning any work under this Agreement.

It is understood and agreed that these policies are primary and not contributory. All policies required under this Agreement shall be in effect for the duration of the Agreement. It shall be an affirmative obligation upon Consultant to immediately notify in writing the DDA Representative of any fact, circumstance, or occurrence that has resulted in or may result in the cancellation or substantive change of any insurance coverage required by this Agreement, and failure to do so shall be construed to be a breach of this Agreement.

In addition, Consultant shall provide t DDA with copies of insurance policies and /or policy endors ments listing the DDA as an additional insured. The DDA’s failure to request or review such policies, endorsements, or certificates shall not affect the DDA’s rights or Consultant’s obligation hereunder.

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

9. DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE CONSULTANT.The Consultant shall provide and perform all work and services in accordance with commonly accepted profes onal standards relating to such services. This responsibility shall extend to supervision and responsibility for the actions of sub-contractors, employees or consultants working for the Consultant.

10. MINORITY BUSINESS ENTERPRISES: 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 and performance of this Agreement on the grounds of age, race, color, disability, national origin or sex.

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11. COMPENSATION: In consideration of the services to be performed pursuant to this Agreement, the Consultant will bill the DDA on a monthly basis as of the end of the month, and the DDA agrees to pay Consultant through the DDA’s voucher system, with DDA Board of Director approval and according 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 be based upon the Consultant's progress, verified by the DDA, in completing the work as described in Exhibits A and C. In no event shall the total amount billed by the Consultant to the DDA pursuant to this Agreement exceed the total project contract amount specified in Exhibit B. Final payment shall be made following acceptance of the work by the DDA. Original quality reproductions of all designs, plans, reports, specifications, drawings and other services rendered by the Consultant shall become the sole property of the DDA and shall be delivered to the DDA along with the final invoice, or immediat ly upon their preparation. A portion of the payment may be held until any claims are resolved.

12. DDA REPRESENTATIVE: Prior to commencement of work, the DDA will designate in writing, a DDA Representative who shall make, within the scope of his/her authority, all necessary decisions regarding the project. All requests for contract interpretations, field orders, contract modifications, change orders, and other clarification or instruction shall be directed to the DDA Representative.

13. MONTHLY REPORT: The Consultant shall provide the DDA Representative with a written statement of the status of the work with respect to the Scope of Services, time sheets, and work schedule, in such form as the DDA Representative may request, as of the end of the month. Failure to provide the required report will delay processing of any payment request until the report is submitted.

14. INDEPENDENT CONTR CTOR: The Consultant shall function as an independent contractor for the purposes of this Agreement. The Consultant shall assume sole responsibility for any debts or liabilities that may be incurred by the Consultant in fulfilling the terms of this Agreement. Nothing in this Agreement shall be interpreted as authorizing the Consultant or its agents or employees to act as an agent or representative of or on behalf of the DDA or to incur any obligation of any kind on the behalf of the DDA.

15. TAXES :The Consultant agrees to pay all valid taxes, excises, license fees, permit fees, bills, debts

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and obligations incurred by in connection with its operations under this Agreement.

16. APPROVAL OF PLANS: The DDA’s approval of any drawings, designs, plans, specifications, reports, and incidental work or materials shall not in any way relieve the Consultant of responsibility for the technical accuracy of the work. The DDA’s approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any of the DDA’s rights under this Agreement or any of its legal rights under statute or common law arising out of the performance of this Agreement.

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

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

a. Terminate the Agreement and seek damages;

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

c. Avail itself of any other remedy at law or equity.

19. TERM :The term of this Agreement shall be from the te on which this Agreement is executed by both Parties hereto until November 1, 2016, unless terminated earlier pursuant to the provisions of this Agreement. This term of this Agreement may only be extended by a written document executed by both Parties.

20. TERMINATION BY DDA: The DDA may terminate this contract in whole or in part at any time without cause, for the DDA’s convenience and without incurring any liability to Consultant, by providing Consultant ten (10) days written notice of the DDA’s contract termination. Upon receipt of such notice, the Consultant shall:

a. Discontinue all services affected, and

b. Deliver to the DDA’s Representative within five (5) days all data, drawings,

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specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process.

In the event of termination for convenience, the DDA will pay the Consultant for accepted work done to date of termination. This Agreement may be immediately terminated by either Party with cause.

21. ADDITIONAL REMEDIES OF DDA: In the event the Consultant fails to strictly perform in accordance with this Agreement, the DDA may elect to correct the deficiencies and charge the Consultant.

22. CONFLICT OF INTEREST :In entering this Agreement, the Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with performance of the services hereunder. In addition, the Consultant covenants that in the performan e of this contract, no subcontractor or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest under this contract is an officer or employee of the DDA.

23. WAIVER :The waiver by either Party of any term, condition or covenant, or breach of any term, condition or covenant, shall not constitute a waiver of any other term, condition or covenant, or breach thereof.

24. SEVERABIL TY :If any provision, section, subsection, sentence, clause, or phrase of this Agreement is invalidated by any court of competent jurisdiction, such holding shall not affect the validity of the remainder of this Agreement, which shall continue in full force and affect.

25. SUCCESSORS AND ASSIGNS :All the terms, conditions, and provisions herein shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

26. ASSIGNMENT :Neither Party shall assign this Agreement without prior written consent of both Parties. Any delegation or assignment shall not operate to relieve either Party of its responsibilities hereunder. However, nothing in this Agreement shall prohibit the Consultant from subcontracting to a qualified subcontractor, provided however that all sub-consultants or subcontractors retained by Consultant shall be acceptable to the DDA.

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27. THIRD PARTY RIGHTS :The Parties do not intend to create in any other individual or entity the status of third party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties and obligations contained in this Agreement shall operate only between the Parties to this Agreement, and shall inure solely to the benefit of the Parties to this Agreement. The Parties to this Agreement intend and expressly agree that only the Parties signatory to this Agreement shall have any legal or equitable right to seek to enforce this Agreement, to seek any remedy arising out of a Party’s performance or failure to perform any term or condition of this Agre ment, or to bring action for breach of this Agreement. This paragraph is not intended nor shall it be construed to waive any of the Parties’ immunities.

28. AMENDMENT :This Agreement and Exhibits A, B, and C may only be amended by a written document executed by both Parties.

29. GOVERNING LAW :The construction, interpretation and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The ourts of the State of Wyoming shall have jurisdiction over this agreement and the venue shall be the First Judicial District, Laramie County, Wyoming.

30. ENTIRETY OF AGREEMENT: This Agreement and Exhibits A, B and C, contain 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.

REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK

DOWNTOWN DEVELOPMENT AUTHORITY

By: _ , President

(SEAL)

ATTEST:

Date:

CONSULTANT:

By:

Title: Date:

ADDRESS:

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

Phone:

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Attachments A, B and C