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RES 2012-1535 - Agmt with E&A Consulting Group Inc for OPW 52341, Dahlman Ave reconstruction from F to H Sts t ofo nHnNFg� RECEIVED ��. - s Public Works Department e��fs"s��►%Ar":?tom NOV -9 p t Omaha/Douglas Civic Center k� °`� 12 # M 1' 4 0 1819 Farnam Street,Suite 601 ® •FL1�,1'�! November 20n, 2012 p. Omaha,Nebraska 68183-0601 116Kro (402)444-5220 op'i'ED FE,310* CITY CLERK Fax(402)444-5248 City of Omaha OMAHA, NEBRASKA Robert G.Stubbe,P.E. Jim Suttle,Mayor Public Works Director Honorable President • and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with E&A Consulting Group, Inc. for design services on Project OPW 52341, being the Dahlman Avenue Reconstruction-F Street to H Street. The attached agreement and resolution authorizes E&A Consulting Group, Inc. to proceed with design work which will include the preliminary through final design phase services for reconstruction of Dahlman Avenue from F Street south to H Street, minor storm sewer inlet improvements, addition of sidewalks, and consolidation of driveways to existing businesses in this corridor, as detailed in Exhibit B of the Agreement. E&A Consulting Group, Inc. has agreed to perform the services in the: an ached agreement for a fee not to exceed $59,500.00, as detailed in Exhibit C, which is payable from the 2010 Transportation Bond Fund 13183, Organization 117117. E&A Consulting Group, Inc. has filed the required Annual Contract Compliance Form CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Res ectfully submitted, Ref e to City until fe Consideration: //-2-1 Z- `1 9 • 7�- Rob rt G. Stubbe, P.E. Date Mayor's )ffic. Date Public Works Director Approved as to Funding: ; pro ed: 7,),_ Pam Spaccarotella Date Human Righ s and Relation at • `‘51) Finance Director Department 1616htp s can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. tment of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE)Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SIGN ALL COPIES Firm Lym ichey S Gravel fftpany By � Title a c,:= . oper t Coordinator CONTINUATION SHEET 1 (5%Bid Bond is to be based Questions on this bid should be directed to: upon this amount) CITY-Scott McIntyre at(402)444-4930 COUNTY-Tom McDonald at(402)444-6474 All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights& Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights& Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) orates In: D re Payment Terms Rio NET Firm: Lyman Richey Sand & Gravel Company r p Delivery(or completion) Name: Roger Timperley Signatur • calendar days following Title: Sales & Oper Coordinatoriphone:402-677-7755 Fax:402-3 -9276 award Address: 910 N. 264th Street, Waterloo, NE 68069 Street/P.O.Box City State Zip Email Address: roger.timperley@lymanrichey.com Facilities Management Attn: Mike Oestmann AUTHORIZED REPRESENTATIVE a 24 Street / / � Omaha,NE NE 68108 -�2 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD - !,.: ==l-4,- mow 'mum diassr, =-_--- ' -',4--7_- =_—_=_.---,--=--- -_ warm! ...w.e.wt.Wig. 7- = ==-_ _!" ,_=-1 : ! !' ! i : : ' ==----. • =.-----.* _.--.-._ =_.=7-__-_ ..-.....,..., =---.. -- -- - -•=- — - .--- *elk .1.0=1, ....,,........sew - --_- -- — Imo. + .0... ..,-___ . .7.-. 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HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 4 day of , , by and between the City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the"City"), and E&A Consulting Group, Inc. (hereinafter referred to as the"Provider"),on the terms, • conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION Dahlman Avenue Reconstruction, F Street to H Street II. DUTIES OF PROVIDER • A. Provider agrees to perform professional services, as set out and more fully described in the • Proposal attached hereto, for the City, relative to the above-referenced project which is illustrated in Exhibit "B"attached hereto. Such services shall be completed within a Ninety (90)day period after receipt of a purchase order from the City. B. Provider designates Douglas C. Walter whose business address and phone number is 330 North 117th Street; Omaha, NE 68154; 402-895-4700 as its project manager and contact person for this project. • C. Provider agrees to maintain records and accounts, including personnel,financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five(5)years after the expiration of this Agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers,employees, and subcontractors. E. . Provider agrees to complete, within Ninety(90)calendar days of receipt of a purchase order from the City, the necessary services. The City recognizes that completion within this deadline is contingent upon timely response from utilities and City input. • F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's Human Rights and Relations Department prior to signing the agreement. • • III. DUTIES OF CITY A. City designates Jon Meyer whose business address and phone number are 1819 Farnam • Street, Suite 604; Omaha, NE 68183; 402-444-4191 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. • • • 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SIGN ALL COPIES Firm Lym ichey S Gravel fftpany By � Title a c,:= . oper t Coordinator CONTINUATION SHEET 1 (5%Bid Bond is to be based Questions on this bid should be directed to: upon this amount) CITY-Scott McIntyre at(402)444-4930 COUNTY-Tom McDonald at(402)444-6474 All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights& Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights& Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) orates In: D re Payment Terms Rio NET Firm: Lyman Richey Sand & Gravel Company r p Delivery(or completion) Name: Roger Timperley Signatur • calendar days following Title: Sales & Oper Coordinatoriphone:402-677-7755 Fax:402-3 -9276 award Address: 910 N. 264th Street, Waterloo, NE 68069 Street/P.O.Box City State Zip Email Address: roger.timperley@lymanrichey.com Facilities Management Attn: Mike Oestmann AUTHORIZED REPRESENTATIVE a 24 Street / / � Omaha,NE NE 68108 -�2 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD - !,.: ==l-4,- mow 'mum diassr, =-_--- ' -',4--7_- =_—_=_.---,--=--- -_ warm! ...w.e.wt.Wig. 7- = ==-_ _!" ,_=-1 : ! !' ! i : : ' ==----. • =.-----.* _.--.-._ =_.=7-__-_ ..-.....,..., =---.. -- -- - -•=- — - .--- *elk .1.0=1, ....,,........sew - --_- -- — Imo. + .0... ..,-___ . .7.-. In, zett,-,min, =sm - .mavic.s.s..._ ancw MP.*Me. = — =----- =- =- - re.. .. — _ ..= .!__._ .=- •...K.Iva.mi.. ,.., ......,,,,,„, = _. . .=- ..,,,, " . -- -- - --_ . ---- ...-,= , v..... .... NM. Malik Arf=12•PM MY. -= •-, .=• r.-‘.-,. -_=.=-__ =-: .--.---- ----,•• 7..- •..-= .,-.-_,-,= = W•,..--,..+ '...ar• •ime4 =7- .7'----1.-• ----=--%--:---.1".= --_-= = •- •: -,- • -,...e - — ._:. .---- = — = •....41..W ' —— — -- _ M ,...•-• • -=-- -••••••= —= :=-- —=7:.., -7-------- #.0. 11iSs —— -- -•-•••• "=-*:-7..:.-_-_ -_-_= ' = ". . _7=-!_:•_t-_,-, 1=-1—:z.= -=-- ____.----.---L.--—..... -: _==-=------ 4,..., gi...... .. .g.w, ammo — ---=------- •=•'-• --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed on an hourly basis, but in no event shall exceed$59,500.00. Detailed breakdown of costs shall be shown in Exhibit"C". B. Reimbursable expenses shall be billed to the City by the Provider. C. INCREASE OF FEES The parties hereto acknowledge that, as of the date of the execution of the Agreement, .. Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to • contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent,if the original fee is one hundred fifty thousand dollars($150,000)or more,or(b)by • seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the city council. The provisions of this section will be quoted in all future city contracts. Nothing in this section is intended to alter the authority of the mayor under section 5.16 of the Charter to approve immediate purchases. V. OWNERSHIP OF INSTRUMENTS OF SERVICE The City acknowledges the Provider's construction documents, including electronic files,as instruments of professional service.Nevertheless,upon completion of the services and payment in full of all monies due to the Provider,the final construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the prior written authorization of the • Provider. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider, its officers,directors,employees and subconsultants(collectively,Provider)against any damages, liabilities or costs, including reasonable attorneys'fees and defense costs,arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the City,regardless of whether such reuse or modification is for use at the Project site or another site. ' VI. ADDITIONAL SERVICES . In the event additional services for the aforementioned project not covered under this Agreement are required,Provider agrees to provide such services at a mutually agreed upon cost. • VII. INSURANCE REQUIREMENTS • Provider shall carry professional liability insurance in the minimum amount of one half million . • dollars and shall early workers' compensation insurance in accordance with the statutory . requirements of the State of Nebraska. CONTINUATION SHEET 1 (5%Bid Bond is to be based Questions on this bid should be directed to: upon this amount) CITY-Scott McIntyre at(402)444-4930 COUNTY-Tom McDonald at(402)444-6474 All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights& Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights& Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) orates In: D re Payment Terms Rio NET Firm: Lyman Richey Sand & Gravel Company r p Delivery(or completion) Name: Roger Timperley Signatur • calendar days following Title: Sales & Oper Coordinatoriphone:402-677-7755 Fax:402-3 -9276 award Address: 910 N. 264th Street, Waterloo, NE 68069 Street/P.O.Box City State Zip Email Address: roger.timperley@lymanrichey.com Facilities Management Attn: Mike Oestmann AUTHORIZED REPRESENTATIVE a 24 Street / / � Omaha,NE NE 68108 -�2 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD - !,.: ==l-4,- mow 'mum diassr, =-_--- ' -',4--7_- =_—_=_.---,--=--- -_ warm! ...w.e.wt.Wig. 7- = ==-_ _!" ,_=-1 : ! !' ! i : : ' ==----. • =.-----.* _.--.-._ =_.=7-__-_ ..-.....,..., =---.. -- -- - -•=- — - .--- *elk .1.0=1, ....,,........sew - --_- -- — Imo. + .0... ..,-___ . .7.-. In, zett,-,min, =sm - .mavic.s.s..._ ancw MP.*Me. = — =----- =- =- - re.. .. — _ ..= .!__._ .=- •...K.Iva.mi.. ,.., ......,,,,,„, = _. . .=- ..,,,, " . -- -- - --_ . ---- ...-,= , v..... .... NM. Malik Arf=12•PM MY. -= •-, .=• r.-‘.-,. -_=.=-__ =-: .--.---- ----,•• 7..- •..-= .,-.-_,-,= = W•,..--,..+ '...ar• •ime4 =7- .7'----1.-• ----=--%--:---.1".= --_-= = •- •: -,- • -,...e - — ._:. .---- = — = •....41..W ' —— — -- _ M ,...•-• • -=-- -••••••= —= :=-- —=7:.., -7-------- #.0. 11iSs —— -- -•-•••• "=-*:-7..:.-_-_ -_-_= ' = ". . _7=-!_:•_t-_,-, 1=-1—:z.= -=-- ____.----.---L.--—..... -: _==-=------ 4,..., gi...... .. .g.w, ammo — ---=------- •=•'-• --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous • VIII. INDEMNIFICATION • • The Provider agrees,to the fullest extent permitted by law,to indemnify and hold harmless the City, its officers,directors and employees(collectively,City)against all damages, liabilities or • costs,including reasonable attorneys'fees and defense costs,to the extent caused by the Provider's . negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is legally liable. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider,its officers,directors,employees and subconsultants(collectively,Provider)against all damages,liabilities or costs,including reasonable attorneys'fees and defense costs in connection with the Project,to the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. . IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of • such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfmished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's • option, its property. X. GENERAL CONDITIONS • • A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89, political or religious opinions,affiliations or national origin. B. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official • or any officer or employee of the City shall have a financial interest,direct or indirect,in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the . • performance of this Agreement,no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. t Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights& Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) orates In: D re Payment Terms Rio NET Firm: Lyman Richey Sand & Gravel Company r p Delivery(or completion) Name: Roger Timperley Signatur • calendar days following Title: Sales & Oper Coordinatoriphone:402-677-7755 Fax:402-3 -9276 award Address: 910 N. 264th Street, Waterloo, NE 68069 Street/P.O.Box City State Zip Email Address: roger.timperley@lymanrichey.com Facilities Management Attn: Mike Oestmann AUTHORIZED REPRESENTATIVE a 24 Street / / � Omaha,NE NE 68108 -�2 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD - !,.: ==l-4,- mow 'mum diassr, =-_--- ' -',4--7_- =_—_=_.---,--=--- -_ warm! ...w.e.wt.Wig. 7- = ==-_ _!" ,_=-1 : ! !' ! i : : ' ==----. • =.-----.* _.--.-._ =_.=7-__-_ ..-.....,..., =---.. -- -- - -•=- — - .--- *elk .1.0=1, ....,,........sew - --_- -- — Imo. + .0... ..,-___ . .7.-. In, zett,-,min, =sm - .mavic.s.s..._ ancw MP.*Me. = — =----- =- =- - re.. .. — _ ..= .!__._ .=- •...K.Iva.mi.. ,.., ......,,,,,„, = _. . .=- ..,,,, " . -- -- - --_ . ---- ...-,= , v..... .... NM. Malik Arf=12•PM MY. -= •-, .=• r.-‘.-,. -_=.=-__ =-: .--.---- ----,•• 7..- •..-= .,-.-_,-,= = W•,..--,..+ '...ar• •ime4 =7- .7'----1.-• ----=--%--:---.1".= --_-= = •- •: -,- • -,...e - — ._:. .---- = — = •....41..W ' —— — -- _ M ,...•-• • -=-- -••••••= —= :=-- —=7:.., -7-------- #.0. 11iSs —— -- -•-•••• "=-*:-7..:.-_-_ -_-_= ' = ". . _7=-!_:•_t-_,-, 1=-1—:z.= -=-- ____.----.---L.--—..... -: _==-=------ 4,..., gi...... .. .g.w, ammo — ---=------- •=•'-• --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous • • G. Modification. This Agreement contains the entire Agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized'officer of the respective parties. H. Assignment. The Provider may not assign,its rights under this Agreement without the express prior written consent of the City. I. Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a,known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. • If the Contractor is an individual or sole proprietorship,the following applies: 1.The Contractor must complete the United States Citizenship Attestation Forni, available on the Department of Administrative Services website at www.das.state.ne.us 2.If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE)Program. 3.The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb.Rev. Stat. • §4-108. K. Contract Compliance Ordinance No.35344,Section 10-192 Equal Employment Opportunity Clause During the performance of this contract,the contractor agrees as follows: 1) The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation,gender identity,or national origin. As used herein,the word"treated"shall mean and include, without limitation, the following: recruited, whether by advertising or by other • means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and • shall post in conspicuous places, available to employees and applicants for employment, • notices to be provided by the contracting officers setting forth the provisions of this • nondiscrimination clause. 2) The Contractor shall, in all solicitations or advertisements for employees placed by.or on • behalf of the Contractor, state that all qualified applicants will receive consideration-for : D re Payment Terms Rio NET Firm: Lyman Richey Sand & Gravel Company r p Delivery(or completion) Name: Roger Timperley Signatur • calendar days following Title: Sales & Oper Coordinatoriphone:402-677-7755 Fax:402-3 -9276 award Address: 910 N. 264th Street, Waterloo, NE 68069 Street/P.O.Box City State Zip Email Address: roger.timperley@lymanrichey.com Facilities Management Attn: Mike Oestmann AUTHORIZED REPRESENTATIVE a 24 Street / / � Omaha,NE NE 68108 -�2 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD - !,.: ==l-4,- mow 'mum diassr, =-_--- ' -',4--7_- =_—_=_.---,--=--- -_ warm! ...w.e.wt.Wig. 7- = ==-_ _!" ,_=-1 : ! !' ! i : : ' ==----. • =.-----.* _.--.-._ =_.=7-__-_ ..-.....,..., =---.. -- -- - -•=- — - .--- *elk .1.0=1, ....,,........sew - --_- -- — Imo. + .0... ..,-___ . .7.-. In, zett,-,min, =sm - .mavic.s.s..._ ancw MP.*Me. = — =----- =- =- - re.. .. — _ ..= .!__._ .=- •...K.Iva.mi.. ,.., ......,,,,,„, = _. . .=- ..,,,, " . -- -- - --_ . ---- ...-,= , v..... .... NM. Malik Arf=12•PM MY. -= •-, .=• r.-‘.-,. -_=.=-__ =-: .--.---- ----,•• 7..- •..-= .,-.-_,-,= = W•,..--,..+ '...ar• •ime4 =7- .7'----1.-• ----=--%--:---.1".= --_-= = •- •: -,- • -,...e - — ._:. .---- = — = •....41..W ' —— — -- _ M ,...•-• • -=-- -••••••= —= :=-- —=7:.., -7-------- #.0. 11iSs —— -- -•-•••• "=-*:-7..:.-_-_ -_-_= ' = ". . _7=-!_:•_t-_,-, 1=-1—:z.= -=-- ____.----.---L.--—..... -: _==-=------ 4,..., gi...... .. .g.w, ammo — ---=------- •=•'-• --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous employment without regard to race,religion,color,sex,sexual orientation,gender identity,or national origin,age,disability. • 3) The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Contractor shall furnish to the human rights and relations director all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall be those which are related to Paragraphs(1)through(7)of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs(1)through(7)herein, including penalties and sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City,the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. 6) The Contractor shall file and shall cause his subcontractors, if any,to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. 7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation,gender identity,or national origin. As used herein,the word"treated"shall mean and include, without limitation, the following: recruited, whether by advertising or by other • means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and • shall post in conspicuous places, available to employees and applicants for employment, • notices to be provided by the contracting officers setting forth the provisions of this • nondiscrimination clause. 2) The Contractor shall, in all solicitations or advertisements for employees placed by.or on • behalf of the Contractor, state that all qualified applicants will receive consideration-for : D re Payment Terms Rio NET Firm: Lyman Richey Sand & Gravel Company r p Delivery(or completion) Name: Roger Timperley Signatur • calendar days following Title: Sales & Oper Coordinatoriphone:402-677-7755 Fax:402-3 -9276 award Address: 910 N. 264th Street, Waterloo, NE 68069 Street/P.O.Box City State Zip Email Address: roger.timperley@lymanrichey.com Facilities Management Attn: Mike Oestmann AUTHORIZED REPRESENTATIVE a 24 Street / / � Omaha,NE NE 68108 -�2 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD - !,.: ==l-4,- mow 'mum diassr, =-_--- ' -',4--7_- =_—_=_.---,--=--- -_ warm! ...w.e.wt.Wig. 7- = ==-_ _!" ,_=-1 : ! !' ! i : : ' ==----. • =.-----.* _.--.-._ =_.=7-__-_ ..-.....,..., =---.. -- -- - -•=- — - .--- *elk .1.0=1, ....,,........sew - --_- -- — Imo. + .0... ..,-___ . .7.-. In, zett,-,min, =sm - .mavic.s.s..._ ancw MP.*Me. = — =----- =- =- - re.. .. — _ ..= .!__._ .=- •...K.Iva.mi.. ,.., ......,,,,,„, = _. . .=- ..,,,, " . -- -- - --_ . ---- ...-,= , v..... .... NM. Malik Arf=12•PM MY. -= •-, .=• r.-‘.-,. -_=.=-__ =-: .--.---- ----,•• 7..- •..-= .,-.-_,-,= = W•,..--,..+ '...ar• •ime4 =7- .7'----1.-• ----=--%--:---.1".= --_-= = •- •: -,- • -,...e - — ._:. .---- = — = •....41..W ' —— — -- _ M ,...•-• • -=-- -••••••= —= :=-- —=7:.., -7-------- #.0. 11iSs —— -- -•-•••• "=-*:-7..:.-_-_ -_-_= ' = ". . _7=-!_:•_t-_,-, 1=-1—:z.= -=-- ____.----.---L.--—..... -: _==-=------ 4,..., gi...... .. .g.w, ammo — ---=------- •=•'-• --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous . . . .. • 4-1,) EXECUTED this • day of 6 9-0,4.ev- , I a ( . 4 A onlir 4101-ri V ;Provider .A ST P4 .441.7" (Title) al • EXECUTED this €,V— day of 4edyijahe olD/A • ATTEST CITY OF OMAHA,A Munici al Corporation -- 14T4h 141101 //-02/-42 BY ""•/ oral City Clerk - APPROVED AS TO FORM: 77? Deputy City Attorney Revised: 6/2011 • • C 0 .J0 O O0' (� CD. O(C) 0IP .-I- 0\ 0 .-ri 0 --`-''' Q.. CD N DC• rOy En CCDD • F 6• , a EXHIBIT"A" RESERVED 4-1,) EXECUTED this • day of 6 9-0,4.ev- , I a ( . 4 A onlir 4101-ri V ;Provider .A ST P4 .441.7" (Title) al • EXECUTED this €,V— day of 4edyijahe olD/A • ATTEST CITY OF OMAHA,A Munici al Corporation -- 14T4h 141101 //-02/-42 BY ""•/ oral City Clerk - APPROVED AS TO FORM: 77? Deputy City Attorney Revised: 6/2011 • • C 0 .J0 O O0' (� CD. O(C) 0IP .-I- 0\ 0 .-ri 0 --`-''' Q.. CD N DC• rOy En CCDD • F 6• , a EXHIBIT"B" SCOPE OF SERVICES ) EXECUTED this • day of 6 9-0,4.ev- , I a ( . 4 A onlir 4101-ri V ;Provider .A ST P4 .441.7" (Title) al • EXECUTED this €,V— day of 4edyijahe olD/A • ATTEST CITY OF OMAHA,A Munici al Corporation -- 14T4h 141101 //-02/-42 BY ""•/ oral City Clerk - APPROVED AS TO FORM: 77? Deputy City Attorney Revised: 6/2011 • • C 0 .J0 O O0' (� CD. O(C) 0IP .-I- 0\ 0 .-ri 0 --`-''' Q.. CD N DC• rOy En CCDD • F 6• , a Exhibit B ,a, , ce Eng►neering Answers E &A CONSULTING GROUP, INC. Planning•Engineering•Environmental&Field Services ; 330 North 117th Street ►wwv.eacg.com Phone:402.896.4700 Omaha,NE 68154-2509 Fax:402.895.3599 October 26, 2012 Jon Meyer, P.E. Omaha Public Works Department 1819 Farnam Street, Suite 604 Omaha, NE 68183 Re: Proposal for Professional Engineering Services Dahlman Avenue Reconstruction, F Street to H Street; Omaha, NE E&A#M2012.525.001 Dear Jon: - E &A Consulting Group, Inc. is pleased to submit our proposal for professional engineering services for the proposed Dahlman Avenue Reconstruction project. The following describes our project understanding, scope of services, and fee compensation for your review and consideration.• Project Understanding We understand the project will consist of the reconstruction of approximately 1000I.f. of Dahlman Avenue, from F Street south to H Street/32'd Street. The existing pavement will be removed and replaced with 10" PCC pavement with a two-lane urban roadway section. The proposed pavement is anticipated to be 30' wide. The project will also include an undercrossing of an existing BNSF railroad bridge, minor storm sewer inlet improvements, addition of sidewalks, and consolidation of driveways to existing businesses. A topographic survey of the project area will be provided by the City of Omaha. Scope of Services Task 1 —Review Existing Information: E&A will review existing preliminary design information related to the project, including the City of Omaha provided topographic ll enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. 6) The Contractor shall file and shall cause his subcontractors, if any,to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. 7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation,gender identity,or national origin. As used herein,the word"treated"shall mean and include, without limitation, the following: recruited, whether by advertising or by other • means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and • shall post in conspicuous places, available to employees and applicants for employment, • notices to be provided by the contracting officers setting forth the provisions of this • nondiscrimination clause. 2) The Contractor shall, in all solicitations or advertisements for employees placed by.or on • behalf of the Contractor, state that all qualified applicants will receive consideration-for : D re Payment Terms Rio NET Firm: Lyman Richey Sand & Gravel Company r p Delivery(or completion) Name: Roger Timperley Signatur • calendar days following Title: Sales & Oper Coordinatoriphone:402-677-7755 Fax:402-3 -9276 award Address: 910 N. 264th Street, Waterloo, NE 68069 Street/P.O.Box City State Zip Email Address: roger.timperley@lymanrichey.com Facilities Management Attn: Mike Oestmann AUTHORIZED REPRESENTATIVE a 24 Street / / � Omaha,NE NE 68108 -�2 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD - !,.: ==l-4,- mow 'mum diassr, =-_--- ' -',4--7_- =_—_=_.---,--=--- -_ warm! ...w.e.wt.Wig. 7- = ==-_ _!" ,_=-1 : ! !' ! i : : ' ==----. • =.-----.* _.--.-._ =_.=7-__-_ ..-.....,..., =---.. -- -- - -•=- — - .--- *elk .1.0=1, ....,,........sew - --_- -- — Imo. + .0... ..,-___ . .7.-. In, zett,-,min, =sm - .mavic.s.s..._ ancw MP.*Me. = — =----- =- =- - re.. .. — _ ..= .!__._ .=- •...K.Iva.mi.. ,.., ......,,,,,„, = _. . .=- ..,,,, " . -- -- - --_ . ---- ...-,= , v..... .... NM. Malik Arf=12•PM MY. -= •-, .=• r.-‘.-,. -_=.=-__ =-: .--.---- ----,•• 7..- •..-= .,-.-_,-,= = W•,..--,..+ '...ar• •ime4 =7- .7'----1.-• ----=--%--:---.1".= --_-= = •- •: -,- • -,...e - — ._:. .---- = — = •....41..W ' —— — -- _ M ,...•-• • -=-- -••••••= —= :=-- —=7:.., -7-------- #.0. 11iSs —— -- -•-•••• "=-*:-7..:.-_-_ -_-_= ' = ". . _7=-!_:•_t-_,-, 1=-1—:z.= -=-- ____.----.---L.--—..... -: _==-=------ 4,..., gi...... .. .g.w, ammo — ---=------- •=•'-• --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous Mr.Jon Meyer, P.E. October 26,2012 Page 2_of 5 survey, CAD files, preliminary plan sets, ROW information, and preliminary correspondence. E&A staff will visit the project site to conduct a cursory field verification of the adequacy of the provided information, specifically the topographic survey. E&A will notify the City if additional information or topographic survey is required for design purposes. Task 2—Agency Review 1 Project Meetings: E&A will meet with the City of Omaha in a Project Kickoff Meeting for the purpose of understanding project performance objectives, design assumptions and parameters, and design elements. Additional meetings will be held with the City of Omaha and other stakeholders throughout the course of the project. Anticipated meetings include: o Two (2) meetings with utility companies o Preliminary Plan (30% submittal) review meeting with City of Omaha o Three (3) meetings with business owners regarding driveway access o Constructability meeting with City of Omaha o ROW meeting with City of Omaha ROW staff o Pre-Final Plan (90% submittal) review meeting with City of Omaha o Pre-bid meeting o Construction Kickoff meeting Meeting minutes will be prepared for all meetings. Task.3 — Preliminary Design: E&A will provide Preliminary Plans (30% submittal) for the project. Project limits and grading limits will be determined. The profile will be set to maximize vertical clearance with the existing BNSF bridge. Utility conflicts will be identified. Driveways to properties will be realigned and sidewalks shown. Specific elements included in the Preliminary Plans are: o Cover Sheet o General Notes o Typical Sections o Horizontal Control o ROW Strip Map and Ownerships o Construction Sequencing/Barricading o Curve Data/Geometrics o Removal Plans o Construction Plans o Plan and Profile o Storm Sewer PlanslSewer Structure Data o Storm Sewer Profiles o Jointing Plan a Details, including guardrail and attenuators at BNSF bridge E&A CONSULTING GROUP,INC. s a �a>snln9 C{1UlneatJt�g' (jronn�eiil`alielb` ervrcgs .1:•.„„c 330 kotta,117th Street•Omaha.NE68t542500 w•.•:r.eacg,com Phone 402.695.4700 Fax:402.89S.3S99 ts filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. 7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation,gender identity,or national origin. As used herein,the word"treated"shall mean and include, without limitation, the following: recruited, whether by advertising or by other • means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and • shall post in conspicuous places, available to employees and applicants for employment, • notices to be provided by the contracting officers setting forth the provisions of this • nondiscrimination clause. 2) The Contractor shall, in all solicitations or advertisements for employees placed by.or on • behalf of the Contractor, state that all qualified applicants will receive consideration-for : D re Payment Terms Rio NET Firm: Lyman Richey Sand & Gravel Company r p Delivery(or completion) Name: Roger Timperley Signatur • calendar days following Title: Sales & Oper Coordinatoriphone:402-677-7755 Fax:402-3 -9276 award Address: 910 N. 264th Street, Waterloo, NE 68069 Street/P.O.Box City State Zip Email Address: roger.timperley@lymanrichey.com Facilities Management Attn: Mike Oestmann AUTHORIZED REPRESENTATIVE a 24 Street / / � Omaha,NE NE 68108 -�2 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD - !,.: ==l-4,- mow 'mum diassr, =-_--- ' -',4--7_- =_—_=_.---,--=--- -_ warm! ...w.e.wt.Wig. 7- = ==-_ _!" ,_=-1 : ! !' ! i : : ' ==----. • =.-----.* _.--.-._ =_.=7-__-_ ..-.....,..., =---.. -- -- - -•=- — - .--- *elk .1.0=1, ....,,........sew - --_- -- — Imo. + .0... ..,-___ . .7.-. In, zett,-,min, =sm - .mavic.s.s..._ ancw MP.*Me. = — =----- =- =- - re.. .. — _ ..= .!__._ .=- •...K.Iva.mi.. ,.., ......,,,,,„, = _. . .=- ..,,,, " . -- -- - --_ . ---- ...-,= , v..... .... NM. Malik Arf=12•PM MY. -= •-, .=• r.-‘.-,. -_=.=-__ =-: .--.---- ----,•• 7..- •..-= .,-.-_,-,= = W•,..--,..+ '...ar• •ime4 =7- .7'----1.-• ----=--%--:---.1".= --_-= = •- •: -,- • -,...e - — ._:. .---- = — = •....41..W ' —— — -- _ M ,...•-• • -=-- -••••••= —= :=-- —=7:.., -7-------- #.0. 11iSs —— -- -•-•••• "=-*:-7..:.-_-_ -_-_= ' = ". . _7=-!_:•_t-_,-, 1=-1—:z.= -=-- ____.----.---L.--—..... -: _==-=------ 4,..., gi...... .. .g.w, ammo — ---=------- •=•'-• --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous • Mr.Jon Meyer,P.E. October 26,2012 Page 3 of 5 o Storm Water Pollution Prevention Plan and Erosion Control Details o Post-Construction Stormwater Management Plan (PCSMP) Task 4—Utility Coordination: E&A will provide copies of the 30% plans and 90% plans to all utility companies that serve the project area for coordination of their facility relocations and improvements into the plans. Status of utilities and utility contact information will added to the final bid documents. Task 5— Railroad Coordination and Permitting: E&A will provide copies of the 30% plans and 90% plans and coordinate with the BNSF.Agreements/Permits will be submitted to the BNSF to allow the roadway and attenuators at the bridge undercrossing. Status of BNSF agreement and contact information will added to the final bid documents. Task 6 —90% PS&E: Using city review comments, utility information, and BNSF comments from the 30% plans, E&A will provide 90% Plans, Specifications, and Estimates(PS&E)for the project. The 90% Plans will be a further refinement of the previous plans. In addition to the specific elements listed in the Preliminary Plans, the 90% PS&E will include: o Bid quantities listed on the plans o Project construction cost estimate o Special Provisions to include in the Contract Documents Task 7 Final PS&E and Permitting: E&A will provide Final PS&E that incorporates city review comments, utility information, and BNSF comments from the 90% plans. In addition to the specific elements listed in the Preliminary Plans and 90% PS&E, the Final PS&E will include: o Final project construction cost estimate o Grading Permit preparation, including application materials for the Papillion Creek Watershed Partnership and Nebraska Department.of Environmental Quality (NPDES) grading permits. -- o PCSMP permit preparation, including application materials for the Papillion Creek Watershed Partnership PCSMP permit and PCSMP Maintenance Agreement and exhibits. o Assisting the City with questions during the bid process Task 8 — ROW Tract Map and Legal Descriptions: Using the ROW Strip Map included in the Final Plans, E&A will prepare legal descriptions for the individual ROW acquisitions and easements required for the project. The ROW Strip Map and legal descriptions are based off of property lines/ROW lines provided by the City and will be used by the City in negotiations with property owners. E&A CONSULTING GROUP,INC. �::=ems,:..._.:_: = ..,_.. �Y=� .� r :-ram ,a I ern" n. o & $ iNz y : �: �.. ;.t�����l�k� �nQ � sa�`Vr � j� �I� �i�f°.�a.�.� ����.-..,.$�.:' �':S:`a�.='-:=..vxa-:-,..-•�',....:...,z. 3:014orth 117th SUeel Omaha,NE68154•2509 V.\w,.eacg.mm Phone.402.8954/00•Far 402.895.3593 ntity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation,gender identity,or national origin. As used herein,the word"treated"shall mean and include, without limitation, the following: recruited, whether by advertising or by other • means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and • shall post in conspicuous places, available to employees and applicants for employment, • notices to be provided by the contracting officers setting forth the provisions of this • nondiscrimination clause. 2) The Contractor shall, in all solicitations or advertisements for employees placed by.or on • behalf of the Contractor, state that all qualified applicants will receive consideration-for : D re Payment Terms Rio NET Firm: Lyman Richey Sand & Gravel Company r p Delivery(or completion) Name: Roger Timperley Signatur • calendar days following Title: Sales & Oper Coordinatoriphone:402-677-7755 Fax:402-3 -9276 award Address: 910 N. 264th Street, Waterloo, NE 68069 Street/P.O.Box City State Zip Email Address: roger.timperley@lymanrichey.com Facilities Management Attn: Mike Oestmann AUTHORIZED REPRESENTATIVE a 24 Street / / � Omaha,NE NE 68108 -�2 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD - !,.: ==l-4,- mow 'mum diassr, =-_--- ' -',4--7_- =_—_=_.---,--=--- -_ warm! ...w.e.wt.Wig. 7- = ==-_ _!" ,_=-1 : ! !' ! i : : ' ==----. • =.-----.* _.--.-._ =_.=7-__-_ ..-.....,..., =---.. -- -- - -•=- — - .--- *elk .1.0=1, ....,,........sew - --_- -- — Imo. + .0... ..,-___ . .7.-. In, zett,-,min, =sm - .mavic.s.s..._ ancw MP.*Me. = — =----- =- =- - re.. .. — _ ..= .!__._ .=- •...K.Iva.mi.. ,.., ......,,,,,„, = _. . .=- ..,,,, " . -- -- - --_ . ---- ...-,= , v..... .... NM. Malik Arf=12•PM MY. -= •-, .=• r.-‘.-,. -_=.=-__ =-: .--.---- ----,•• 7..- •..-= .,-.-_,-,= = W•,..--,..+ '...ar• •ime4 =7- .7'----1.-• ----=--%--:---.1".= --_-= = •- •: -,- • -,...e - — ._:. .---- = — = •....41..W ' —— — -- _ M ,...•-• • -=-- -••••••= —= :=-- —=7:.., -7-------- #.0. 11iSs —— -- -•-•••• "=-*:-7..:.-_-_ -_-_= ' = ". . _7=-!_:•_t-_,-, 1=-1—:z.= -=-- ____.----.---L.--—..... -: _==-=------ 4,..., gi...... .. .g.w, ammo — ---=------- •=•'-• --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous • Mr.Jon Meyer, P.E. October 26, 2012. • Page4of5 Schedule We understand the project is anticipated to have an April or May 2013 bid letting.We can complete the above described scope of services to meet that anticipated schedule. Fee and Terms E&A will provide the above described scope of services for the lump sum fee of Fifty Nine Thousand Five Hundred Dollars ($59,500.00), including project related expenses such as progress printing, mileage, and postage. The fee can further broken down by task as follows: Task 1, Review Existing Information $2,800.00 Task 2,Agency Review/Project Meetings $ 6,850.00 Task 3, Preliminary Design $21,000.00 Task 4, Utility Coordination $ 3,300.00 Task 5, Railroad Coordination and Permitting $ 4,350.00 Task 6, 90% PS&E $ 8,800.00 Task 7, Final PS&E and Permitting $ 8,400.00 Task 8, ROW Tract Maps and Legal Descriptions $ 4,000.00 Our contract terms and conditions for the above listed services are attached as Appendix A. Additional Services E&A can provide erosion control monitoring, construction staking, and construction administration services if requested. Assumptions and Excluded Services Not included in this proposal are a geotechnical investigation, topographic survey, design of reinforced retaining walls, permit fees (if applicable), negotiations with property owners, erosion control monitoring, construction staking, or construction administration. If this proposal is acceptable to you, please sign below where indicated and return one (1)signed original to us. If you have any questions or comments regarding our proposal, please contact me at 402-895-4700. Thank you for choosing E&A to engineer answers for your project. We look forward to building a relationship with you. E&A CONSULTING GROUP,INC, 'f- --Y .,e'x. _t7 ^a:}-j..a: r_3A:_;l.-.9ic_lS:ea= r�.T€...,i,='=r:,�::?.t�q--- ---r.. '�??':.ux:,%'"`ST.4i.'T•"< �`.'t-'� ��t�m".�`M• �--�� � ��� --���-�^�w='�•j1��9�E►.�gJnevnnc�"`Lhvtr�t�iiat�'��I-���tstd_s�ix(e� � . �- � j. 330 North 117lh Street•Omaha,NE68154•2500 ��A.,.eacg.eom Phene:402,895.4709 Foa:402.895.3599 - I . The ROW Strip Map and legal descriptions are based off of property lines/ROW lines provided by the City and will be used by the City in negotiations with property owners. E&A CONSULTING GROUP,INC. �::=ems,:..._.:_: = ..,_.. �Y=� .� r :-ram ,a I ern" n. o & $ iNz y : �: �.. ;.t�����l�k� �nQ � sa�`Vr � j� �I� �i�f°.�a.�.� ����.-..,.$�.:' �':S:`a�.='-:=..vxa-:-,..-•�',....:...,z. 3:014orth 117th SUeel Omaha,NE68154•2509 V.\w,.eacg.mm Phone.402.8954/00•Far 402.895.3593 ntity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation,gender identity,or national origin. As used herein,the word"treated"shall mean and include, without limitation, the following: recruited, whether by advertising or by other • means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and • shall post in conspicuous places, available to employees and applicants for employment, • notices to be provided by the contracting officers setting forth the provisions of this • nondiscrimination clause. 2) The Contractor shall, in all solicitations or advertisements for employees placed by.or on • behalf of the Contractor, state that all qualified applicants will receive consideration-for : D re Payment Terms Rio NET Firm: Lyman Richey Sand & Gravel Company r p Delivery(or completion) Name: Roger Timperley Signatur • calendar days following Title: Sales & Oper Coordinatoriphone:402-677-7755 Fax:402-3 -9276 award Address: 910 N. 264th Street, Waterloo, NE 68069 Street/P.O.Box City State Zip Email Address: roger.timperley@lymanrichey.com Facilities Management Attn: Mike Oestmann AUTHORIZED REPRESENTATIVE a 24 Street / / � Omaha,NE NE 68108 -�2 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD - !,.: ==l-4,- mow 'mum diassr, =-_--- ' -',4--7_- =_—_=_.---,--=--- -_ warm! ...w.e.wt.Wig. 7- = ==-_ _!" ,_=-1 : ! !' ! i : : ' ==----. • =.-----.* _.--.-._ =_.=7-__-_ ..-.....,..., =---.. -- -- - -•=- — - .--- *elk .1.0=1, ....,,........sew - --_- -- — Imo. + .0... ..,-___ . .7.-. In, zett,-,min, =sm - .mavic.s.s..._ ancw MP.*Me. = — =----- =- =- - re.. .. — _ ..= .!__._ .=- •...K.Iva.mi.. ,.., ......,,,,,„, = _. . .=- ..,,,, " . -- -- - --_ . ---- ...-,= , v..... .... NM. Malik Arf=12•PM MY. -= •-, .=• r.-‘.-,. -_=.=-__ =-: .--.---- ----,•• 7..- •..-= .,-.-_,-,= = W•,..--,..+ '...ar• •ime4 =7- .7'----1.-• ----=--%--:---.1".= --_-= = •- •: -,- • -,...e - — ._:. .---- = — = •....41..W ' —— — -- _ M ,...•-• • -=-- -••••••= —= :=-- —=7:.., -7-------- #.0. 11iSs —— -- -•-•••• "=-*:-7..:.-_-_ -_-_= ' = ". . _7=-!_:•_t-_,-, 1=-1—:z.= -=-- ____.----.---L.--—..... -: _==-=------ 4,..., gi...... .. .g.w, ammo — ---=------- •=•'-• --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous • Mr. Jon Meyer, P.E. October 26,2012 Page 5 of 5 Sincerely, E&A Consulting Group, Inc. A-`� r 1« ( ' /1 (".. / I have received and read Appendix°A°and agree to all terms and conditions Doug as C. Waiter, P.E. as outlined in Appendix"A*and in this proposal. By signing,this proposal for services becomes the agreement and is executed. Date: Signature: _ Name: Client: Address: City,State,ZIP: Phone: 1 E&A CONSULTING GROUP,INC. 4 : i ^+ .''P,.a- ,C.. .c. c.%:.e 2-:3.T..:..eti..:�,.� .•� ti'�(,...- - .::.. - �TA 330 North 117th Street•Omaha.NE 681544509 ...•v eac9.tom Phone:402.895.4100•Far:102.895.3599 0 --`-''' Q.. CD N DC• rOy En CCDD • F 6• , a • Appendix"A" Terms and Conditions • 1.01 Basic Agreement E&A Consulting Group,inc.(°E&A")shall provide,or cause to be provided,the services set forth in the Proposal for Professional Services,and Client shall pay E&A for such Services. 2.01 Invoicing E&A will prepare a monthly invoice in accordance with E&A's standard invoicing practices and submit the invoice to Client. Invoices are due and payable within thirty(30)days of receipt. If Client fails to make.any payment due E&A for services and expenses within thirty (301days after the date of E&A's invoice,then the amounts due E&A will be Increased at the rate of 1.5%per month from said thirtieth (30 day. ERA may,without liability,after giving seven(7)days written notice to Client,suspend services under this Agreement until E&A has been paid in full all amounts due for services,expenses,and other related charges. Client agrees to'pay any and'all reasonable charges incurred by E&A for the collection of unpaid invoices. Payments will be credited first to interest and then to principal. 3.01 Additional Services If authorized by Client,or if required because of changes in the Project,E&A shall furnish services in addition to those set forth in the Proposal for Professional Services.Client shall pay E&A for such additional services as follows:For additional services of E&A's employees engaged directly on the Project an amount equal to the cumulative hours charged to the Project by each class of E&A's employees times standard hourly rates for each applicable billing class;.plus reimbursable expenses and E&A's subconsuitants' charges;if any. 4.01 Design without.Construction Phase Services A. It Is understood and agreed that the E&A's Scope of Services under this Agreement does not include project observation or review of the Contractor's performance or any other construction phase services,and that such services will be provided for by the Client.The Client assumes all responsibility for interpretation of the Contract Documents and for construction observation and the Client waives any claims against E&A that may be in any way connected thereto. • B. in addition,the Client agrees,to the fullest extent permitted by law,to indemnify and hold harmless E&A,its officers, directors,employees and subconsultents(collectively,E&A)against all damages,liabilities or costs,Including reasonable attorneys'fees and defense costs,arising out of or in any way connected with the performance of such services by other persons or entities and from any and all claims arising from modifications,clarifications,interpretations,adjustments or changes made to the Contract Documents to reflect changed field or other conditions,except for claims arising from the sole negligence or willful misconduct of E&A. C. If the Client requests In writing that E&A provide any specific construction phase services,and if E&A agrees in writing to provide such services,then E&A shall be compensated as an Additional Services)as provided In Section 3.01. Additionally: 1. E&A shall not at any time supervise,direct,or have control over any contractor's work,nor shall E&A have authority over or responsibility for the means,methods,techniques,sequences,or procedures of construction selected or used by any • • contractor,for safety precautions and programs incident to a contractor's work progress,nor for any failure of any contractor to comply with laws and regulations applicable to contractors work. 2. E&A neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to • furnish and perform its work in accordance with the contract between Client and such contractor. 3. E&A shall not be responsible for the acts or omissions of any contractor,subcontractor,or supplier,or of any contractors agents or employees or any other persons(except E&A's own employees)at the Project site or otherwise furnishing or performing any of construction work;or for any decision made on Interpretations or clarifications of the construction contract given by Client without consultation and advice of E&A. 5.01 Termination A. The obligation to provide further services under this Agreement may be terminated: 1. For cause: (a) By either party upon fourteen(14)days written notice In the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party except as stipulated in Section 2.0i. (b) By E&A: (i) Upon seven(7)days written notice if E&A believes that E&A is being requested by Client to furnish or perform services contrary to E&A's responsibilities as a licensed professional;or (it) Upon seven(7)days written notice if E&A's services for the Project are delayed or suspended for more than ninety(90)days for reasons beyond E&A's control. (iii) E&A shall have no liability to Client on account of such termination. Client's Initials Page 1 r 4 E&A CONSULTING GROUP,INC. ne'.1Sed2012.08.15 ;ilrgT'th'el1 rili trorupentAWi i8k1 Se ices �,t 330 North i 17th Sheet•Omaha.NE e8154-2509 nww.eacg.com Phone:402.895.4700•Fax 402_895_3599 -- - --_ . ---- ...-,= , v..... .... NM. Malik Arf=12•PM MY. -= •-, .=• r.-‘.-,. -_=.=-__ =-: .--.---- ----,•• 7..- •..-= .,-.-_,-,= = W•,..--,..+ '...ar• •ime4 =7- .7'----1.-• ----=--%--:---.1".= --_-= = •- •: -,- • -,...e - — ._:. .---- = — = •....41..W ' —— — -- _ M ,...•-• • -=-- -••••••= —= :=-- —=7:.., -7-------- #.0. 11iSs —— -- -•-•••• "=-*:-7..:.-_-_ -_-_= ' = ". . _7=-!_:•_t-_,-, 1=-1—:z.= -=-- ____.----.---L.--—..... -: _==-=------ 4,..., gi...... .. .g.w, ammo — ---=------- •=•'-• --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous 2. For convenience by Client effective upon the receipt of notice by E&A. 1 3. Notwithstanding the foregoing,this Agreement wit!not terminate•as a result of a substantial failure under paragraph 5.01.A.1.a if the party receiving such notice begins,within seven(7)days of receipt of such notice,to correct its failure and proceeds diligently to cure such failure within no more than fourteen(14)days of receipt of notice;provided, however,that if and to the extent such substantial failure cannot be reasonably cured within such fourteen(14)day period, and if such party has diligently attempted.to cure the same and thereafter continues diligently to cure the same,then the cure • period provided for herein shall extend up to,but in no case more than,thirty(30)days after the date of receipt of the notice. • 4. The terminating party under paragraphs 5.01.A.1 or 5.01.A2 may set the effective date of termination at a time up to . thirty(30)days later than otherwise provided to allow E&A to demobilize personnel and equipment from the Project site,to • complete tasks whose value would otherwise be lost,to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. • 8.01 Controlling Law • This Agreement is to be governed by the law of the state in which the Project is located. • • 7.01 Successors,Assigns,and Beneficiaries • 'A, Client and E&A each Is hereby bound and the partners,successors,executors,administrators,and legal representatives of Client and E&A(and to the extent permitted by paragraph 7.01.B the assigns of Client and E&A)are hereby bound to the other party to this Agreement and to the partners,successors,executors,administrators,and legal representatives(and said assigns) of such other party,In respect of all covenants,agreements,and obligations of.this Agreement. • . B. Neither Client nor E&A may assign,sublet,or transfer any rights under or interest(including,but without limitation,moneys that are due or may become due)In this Agreement without the written consent of the other;except to the extent that any assignment,subletting,or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this • Agreement. 8.01 Defects In Service The Client shall promptly report to E&A any defects or-suspected defects In E&A's services of which the Client becomes aware,so that • E&A may take measures to minimize the consequences of such a defect. The Client further agrees to impose a similar notification requirement on all contractors in its Client/Contractor contracts and shall require all subcontracts at any level to contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous their work. Contractor shall be required to list the E&A,and any subconsuitants of E&A,as an additional insured,including completed operations,on a primary and non-contributory basis 4. Agree that E&A's total liability to Client under this Agreement shall be limited to$100,000 or the total amount of compensation received by E&A from the Client,whichever Is greater. All claims by Client shall be deemed relinquished unless filed within one(1)year after substantial completion of the Services. 5. In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project,the Client and E&A agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation. 6. The Client and E&A further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all Independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors,subconsultants,suppliers and fabricators,thereby providing for mediation as the primary method for dispute resolution among the parties to all those agreements. 0. The parties acknowledge that E&A's scope of services does not include any services related to a Hazardous Environmental Condition(the presence of asbestos,PCBs,petroleum,hazardous substances or waste,and radioactive materials).If E&A or any other party encounters a Hazardous Environmental Condition,E&A may,at its option and without liability for consequential or any other damages,suspend performance of services on the portion of the Project affected thereby until Client: 1. Retains appropriate specialist consultants or contractors to identify and,as appropriate,abate,remediate,or remove the Hazardous Environmental Condition;and 2. Warrants that the Site is in full compliance with applicable Laws and Regulations. E. Unless specifically identified otherwise in the scope of services of this agreement,it is the responsibility of the Client to obtain all permits end approvals required by law. E&A may assist the Client In applying for those permits and approvals for an additional fee;however such services are not included in the basic services of this Agreement. 11.01 Total Agreement This Agreement constitutes the entire agreement between Client and E&A and supersedes all prior written or oral understandings. Client: By: Date: Name: Title: • Client's Initials Page3r4 E&A CONSULTING GROUP,INC. Reviied2012.08-15 • KIM .'ns7. �m _ HJa ,f Engine i Fn Itor en niggttlecs 330 North 112U1 S'reel.Omaha,NE 58154.2509 n•.tw.eacg.corn Phone:402.895 4200•Fo c 402.805.3509 • contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous Appendix"B" Insurance Requirements General Liability • Limits: $1,000,000 per Occurrence $2,000,000 General Aggregate $2,000,000 Completed Operations Aggregate $1,000,000 Personal and Advertising injury • Coverage shall be provided by a standard form Commercial General Liability Policy covering bodily injury,property damage including loss of use,and personal Injury. • General Aggregate to apply on a Per Project Basis. Automobile Liability • Limits: $1,000,000 CSL per Accident • • Coverage shall apply to all Owned,Hired,and Non-Owned Autos. Workers Compensation • Limits: Statutory coverage for the state where the project is located • Employers Liability limits: $500,000 each Accident $100,000 Disease—Per Person $500,000 Disease—Policy Limit Umbrella I Excess • Limits: $1,000,000 per Occurrence • Policy shall provide liability coverage in excess of the specified Workers Compensation/Employers Liability,Commercial General Liability and Auto Liability. Professional Liability • Limits: $2,000,000 per Occurrence $4,000,000 General Aggregate. • Policy shall provide for a retroactive date prior to the starting date of services for which this agreement applies. Client's Initials Page 4l4 E&A CONSULTING GROUP,INC. ReAsed2012-08.15 j1planio. . ri`insenngi,0 -isormotsl&Fle1d 5ervtces ,,1rJ'� :$i_ .1-. e .i_Y..}...•_ ..w-T.'.�..,r._..�- -....ems _..._w£'',C. .:iG.���._..��.^1. -_.Em^�_..:3 330 North 117th S9eet•Omaha.71E 68154.2509 v.-mono corn Phone:402.895.4700•Fa<402895 3599 • he Project affected thereby until Client: 1. Retains appropriate specialist consultants or contractors to identify and,as appropriate,abate,remediate,or remove the Hazardous Environmental Condition;and 2. Warrants that the Site is in full compliance with applicable Laws and Regulations. E. Unless specifically identified otherwise in the scope of services of this agreement,it is the responsibility of the Client to obtain all permits end approvals required by law. E&A may assist the Client In applying for those permits and approvals for an additional fee;however such services are not included in the basic services of this Agreement. 11.01 Total Agreement This Agreement constitutes the entire agreement between Client and E&A and supersedes all prior written or oral understandings. Client: By: Date: Name: Title: • Client's Initials Page3r4 E&A CONSULTING GROUP,INC. Reviied2012.08-15 • KIM .'ns7. �m _ HJa ,f Engine i Fn Itor en niggttlecs 330 North 112U1 S'reel.Omaha,NE 58154.2509 n•.tw.eacg.corn Phone:402.895 4200•Fo c 402.805.3509 • contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous • EXHIBIT"C" • BREAKDOWN OF COSTS • • • • • 1 • and agree to all terms and conditions Doug as C. Waiter, P.E. as outlined in Appendix"A*and in this proposal. By signing,this proposal for services becomes the agreement and is executed. Date: Signature: _ Name: Client: Address: City,State,ZIP: Phone: 1 E&A CONSULTING GROUP,INC. 4 : i ^+ .''P,.a- ,C.. .c. c.%:.e 2-:3.T..:..eti..:�,.� .•� ti'�(,...- - .::.. - �TA 330 North 117th Street•Omaha.NE 681544509 ...•v eac9.tom Phone:402.895.4100•Far:102.895.3599 0 --`-''' Q.. CD N DC• rOy En CCDD • F 6• , a v 0 r m CO co a • CD N Ell N M CO st CV''t'�t 'Q Y M tt C•) r Cl VCO coEN I-x F= I g • o 0 O - a 0 CDo Yo to y y co C N 0 to A a oft L• O N �' O CO 0 N C9 I. O N. to O O to E N , N I Z D N N t` N O1!) C. O �j'` 0 Cl )n O CO N., CO O CI 111 F- W 1. I I O O 0 1 ` O M OM U y M Co O i G •O C M N a..li! a W 6 M U 000v COO O g ): N COaN't 'd av 1- 00 O o� N M CO m • .-- .0 N tM-• to IfaOco O X 'C. Q o C U U coI . E- • ^N Oa C9 OQO N C'')N M NNO {{g 1`MO co N!9 CAOO w 'C) COO 0 C'9 X CNO W dN• N a N O O LL I g��aspq+ s S4c es m '4tr i OiC a 9 o Ea • u" s'o I i o y O7 c tit- 7� yKGpp o o .Ups co' O W C .2 C atj Y t 0.1 C 3 08 0 to a 03 = a), E 2 m o) o co E 2 c • j v •13 0) .0 m O)G O)W E=to g,Yo 0 - y - cco a w E �o•� 0' o w 3cn , 3> yjt . S ECa C P. m Y N d w AC b - Ca a rn tQ -6 CO C �.= o °@ CU ea �a o , 2 R s- 0.1Yu- < F- A. Y30.0A00.o,CLU O u.O `- N 1 all prior written or oral understandings. Client: By: Date: Name: Title: • Client's Initials Page3r4 E&A CONSULTING GROUP,INC. Reviied2012.08-15 • KIM .'ns7. �m _ HJa ,f Engine i Fn Itor en niggttlecs 330 North 112U1 S'reel.Omaha,NE 58154.2509 n•.tw.eacg.corn Phone:402.895 4200•Fo c 402.805.3509 • contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous et .4- O N 0 CI) 0 a 0 et 030 'N--Oa<N00 f0 MM M �O • N es N N OS 40 j N 0 N O O O O r= 1-x VI ` d Fd^s n -• d� 0 . v) C.) C 0 F O N 0 CI N d 0 ` _N fA QN ►: N 0 Oh 'q O Or 09 O 69 M N a ' Te No ' O T. OIJ . N E N to '» 2 N Old NMMNd d MOp NCO 00<O V N W� n d0 03 �� N ♦:.4 03 'O C m n C m tH W F 69 W 1- 10 N M0 0 CO +.r C)CO) 49 tJ �: re O �" e- f 4001 0 W EA (0 ili a d c 4fl' y OOP �N V'O� �'O 4ONNN00� ONM U i NN (AM O • `- - u9 q C 2 co N v9 N U a a` 'r' l{� t'� U O N 69 u°)i NO9 - Q) ( '� 0 a I 0 C) E — N in O 0 0 0 O_to 6d9 O O O 00 M 'V 00 0 co r 0 W . ,u N coo V! 0.N C U f9 co�-• W dN N 4 co M LL Oa u ,.'vim o `a� a 4, 1. U I a 3 0 co 0 0_a g O c v 1- )-s p H a] ' o 7 N L ca C L H g co v m c 0 u a 1 of c da A x c 0 x N m c acco 0 y ma0-0. , ° co c 1- 11. 01 Z c d o tg c� o c 0 m 0. c 40 o41 M v • i .• j i I yjt . S ECa C P. m Y N d w AC b - Ca a rn tQ -6 CO C �.= o °@ CU ea �a o , 2 R s- 0.1Yu- < F- A. Y30.0A00.o,CLU O u.O `- N 1 all prior written or oral understandings. Client: By: Date: Name: Title: • Client's Initials Page3r4 E&A CONSULTING GROUP,INC. Reviied2012.08-15 • KIM .'ns7. �m _ HJa ,f Engine i Fn Itor en niggttlecs 330 North 112U1 S'reel.Omaha,NE 58154.2509 n•.tw.eacg.corn Phone:402.895 4200•Fo c 402.805.3509 • contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous _ . a o . co . . f . a • E -eQ & e 72§a G )f . I-) . . . °R a .gz °2 0 . \.E to c` J.2 C °& 0 2} °j | J : i o °2 0 0 2 0 - . f t t ■ . 3 . °a 0 ) °S /2 . a2 m a COc. • 10 f ) &t _ .. &) a =_ co w 1- ■1- - 0 , « �q $ 2 � a fft ƒj G 2 -n.w " ' | � � -- a m/ o . 0 � �Ama .¥ colt) . , § • , v- CO • 2k 7= 6 a ® a 2 5 . »§ '9 - °§ ) k k a E m °G & SSq - °2 & 000 k to w� _ =�e m 1 ) 6 K - - co .° U1 - - 2 co . I o . \ ; { § a 2 0-0 =� . 0&ƒ J _ 22 = . � § I tt. o. $ / idi as CO t / \\i § k§t) • -if 1 ) 0-&E k / ƒ#k\ I a 3 0 co 0 0_a g O c v 1- )-s p H a] ' o 7 N L ca C L H g co v m c 0 u a 1 of c da A x c 0 x N m c acco 0 y ma0-0. , ° co c 1- 11. 01 Z c d o tg c� o c 0 m 0. c 40 o41 M v • i .• j i I yjt . S ECa C P. m Y N d w AC b - Ca a rn tQ -6 CO C �.= o °@ CU ea �a o , 2 R s- 0.1Yu- < F- A. Y30.0A00.o,CLU O u.O `- N 1 all prior written or oral understandings. Client: By: Date: Name: Title: • Client's Initials Page3r4 E&A CONSULTING GROUP,INC. Reviied2012.08-15 • KIM .'ns7. �m _ HJa ,f Engine i Fn Itor en niggttlecs 330 North 112U1 S'reel.Omaha,NE 58154.2509 n•.tw.eacg.corn Phone:402.895 4200•Fo c 402.805.3509 • contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous . - s • • .• i 1 I-#~a$© © $ • H • f. . .. • • °§ � °E 0 c/ 25 om 0 0/ 2 . $ ¥ f ¥ J- 82 o .9§ 2 0 9[ & ; 7 k I e ■ . . i. °a 0 _ E-a 2 0S a2• k 74 m9 Nm 09/ .. iu m m[ 7 &I- _ 3,- # • � ¥ °j 0 . °° ƒ& '� it7 2 . ) • »m»maw �o o in co o • f • «° co ° a o a a . @ °§ ) 0§ ve % 5 . 7 v . e . ; . 2 °\ a /B\ ©S a 0 0 k . a w d G (0 0 w a, a 0 ƒ . co ai I a - § in �2 / k\� ® k) k to&§ ) _ § § `� ; _ a § 'a k . o 30 }§ // ok k o§ § k R K k • c § J & • k { . 2 t # . . f E 4 , § 0 ) - ® 2 . . 1 . . § 2 3 k Ii , \ • w c�« § tk . _ c� #�� o •re / £il 0 . 7 Ad �15 �16 16kiu)' © � - E / I N. R 2 2 2 R a� . • • Q co 0 0_a g O c v 1- )-s p H a] ' o 7 N L ca C L H g co v m c 0 u a 1 of c da A x c 0 x N m c acco 0 y ma0-0. , ° co c 1- 11. 01 Z c d o tg c� o c 0 m 0. c 40 o41 M v • i .• j i I yjt . S ECa C P. m Y N d w AC b - Ca a rn tQ -6 CO C �.= o °@ CU ea �a o , 2 R s- 0.1Yu- < F- A. Y30.0A00.o,CLU O u.O `- N 1 all prior written or oral understandings. Client: By: Date: Name: Title: • Client's Initials Page3r4 E&A CONSULTING GROUP,INC. Reviied2012.08-15 • KIM .'ns7. �m _ HJa ,f Engine i Fn Itor en niggttlecs 330 North 112U1 S'reel.Omaha,NE 58154.2509 n•.tw.eacg.corn Phone:402.895 4200•Fo c 402.805.3509 • contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous • AMENDMENT TO ENGINEERING AGREEMENT CITY OF OMAHA OPW 52341 THIS AMENDMENT made and entered into this August 8th, 2013 by and between the firm of E & A Consulting Group a corporation of the State of Nebraska with offices at 330 North 117th Street Omaha, NE 68154-2509 and hereinafter referred to as the"Consultant" and the City of Omaha, Nebraska, acting by and through the Mayor hereinafter referred to as the"City". WHEREAS the City desires the Consultant to amend the Engineering Agreement for Design Services for OPW 52341 Dahlman Ave Improvements - H to F Street project which was entered into on November 20, 2012 (Resolution 1535) hereinafter called existing Agreement. NOW THEREFORE it is hereby agreed that the existing Agreement be amended as follows: 1. The existing Agreement shall be amended to include additional engineering work as outlined in the attached Exhibit"A" Schedule of Services. 2. The fee will consist of a compilation of estimated direct salary costs, direct non-salary costs, indirect salary costs, indirect non-salary costs and direct salary payroll additives as provided in Exhibit"B"attached. 3. This modification will increase the existing agreement by$14,600. This AMENDMENT shall be deemed a part of and subject to all terms and conditions of the existing Agreement. Except as modified above, the existing agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused presents to be executed by their proper officials thereunto duly authorized as to the dates below indicated: EXECUTED by the Consultant this 8th day of August 2013. ATTEST g12,0,r EXECUTED by the City this /.S'day of40 f0/3 ATTEST 00$4414ntA- ___ Mayor of the City of Omaha APPROVED AS TO FORM Leity Attorney - u a 1 of c da A x c 0 x N m c acco 0 y ma0-0. , ° co c 1- 11. 01 Z c d o tg c� o c 0 m 0. c 40 o41 M v • i .• j i I yjt . S ECa C P. m Y N d w AC b - Ca a rn tQ -6 CO C �.= o °@ CU ea �a o , 2 R s- 0.1Yu- < F- A. Y30.0A00.o,CLU O u.O `- N 1 all prior written or oral understandings. Client: By: Date: Name: Title: • Client's Initials Page3r4 E&A CONSULTING GROUP,INC. Reviied2012.08-15 • KIM .'ns7. �m _ HJa ,f Engine i Fn Itor en niggttlecs 330 North 112U1 S'reel.Omaha,NE 58154.2509 n•.tw.eacg.corn Phone:402.895 4200•Fo c 402.805.3509 • contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous eoa Engineering Answers E &A CONSULTING GROUP, INC. Planning•Engineering•Environmental&Field Services 330 North 117th Street www.eacg.com Phone:402.895.4700 Omaha,NE 68154-2509 Fax:402.895.3599 EXHIBIT "A" August 7, 2013 Jon Meyer, P.E. Omaha Public Works Department 1819 Farnam Street, Suite 604 Omaha, NE 68183 Re: Additional Services Agreement No. 2 Dahlman Avenue Reconstruction, F Street to H Street; Omaha, NE OPW 52341 E&A#M2012.525.001 Dear Jon: E &A Consulting Group, Inc. is pleased to submit our proposal for Additional Services Agreement No. 2 to our November 20, 2012 Professional Services Agreement for the Dahlman Avenue Reconstruction project (OPW 52341). The following describes our scope of additional services and fee compensation for your review and consideration. Scope of Additional Services Task 6 -90% PS&E: E&A will perform additional design services to increase the project scope in three areas: a) Dahlman Avenue/H Street/Truck Scale Driveway Intersection: The original project layout provided by the City called for simply removing and replacing the existing westbound to northbound right turn radius and the existing driveway to the truck scale property. During site visits it was observed that the existing intersection had geometric issues that force trucks out of their lanes to make turns and also did not meet minimum state design standards. E&A will prepare various preliminary layouts to redesign the intersection, including access to the truck scale property. Once a preferred intersection option is selected, E&A will update our plans, including adding a larger radius for the H Street curve and adding walls along the H Street embankment. • A x c 0 x N m c acco 0 y ma0-0. , ° co c 1- 11. 01 Z c d o tg c� o c 0 m 0. c 40 o41 M v • i .• j i I yjt . S ECa C P. m Y N d w AC b - Ca a rn tQ -6 CO C �.= o °@ CU ea �a o , 2 R s- 0.1Yu- < F- A. Y30.0A00.o,CLU O u.O `- N 1 all prior written or oral understandings. Client: By: Date: Name: Title: • Client's Initials Page3r4 E&A CONSULTING GROUP,INC. Reviied2012.08-15 • KIM .'ns7. �m _ HJa ,f Engine i Fn Itor en niggttlecs 330 North 112U1 S'reel.Omaha,NE 58154.2509 n•.tw.eacg.corn Phone:402.895 4200•Fo c 402.805.3509 • contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous - Mr. Jon Meyer, P.E. August 7, 2013 • Page 2 of 2 b) Dahlman Avenue/G Street Intersection: During the Plan-in-Hand meeting it was observed that the existing radii at the G Street intersection returns were inadequate, forcing trucks out of their lane to make turns into and out of G Street. E&A will update our plans to significantly increase the return radius, which will also require changes to the sidewalk layout, storm sewer layout, additional ROW tract maps and legal descriptions, and utility coordination. c) Dahlman/F Street Intersection: During the Plan-in-Hand meeting it was observed that the existing radius for the northbound Dahlman to eastbound F Street intersection return was inadequate, forcing trucks out of their lane to make turns onto F Street. Currently, our Dahlman Avenue plans stop about 100' south of F Street. E&A will perform additional topographic survey of the southeast corner of the F Street intersection adequate for design of the larger return radius, and merge the additional topo with the original topo provided by the City. E&A also will update our plans to increase the F Street return radius, which will require changes to the guardrail, sidewalk layout, and utility coordination. Fee E&A will provide the above described Additional Services for the lump sum fee of Fourteen Thousand Six Hundred Dollars ($14,600.00), including project related expenses such as mileage. Added to our original contract amount and Additional Services Agreement No. 1 (dated March 21, 2013), the Additional Services Agreement No. 2 will increase our total contract amount to Seventy Nine Thousand Five Hundred dollars ($79,500). A detailed breakdown for the Additional Services showing man hours per employee classification is shown on the attached Exhibit B. If this proposal for Additional Services is acceptable to you, please sign below where indicated and return one (1) signed original to us. If you have any questions or comments regarding our proposal, please contact me at 402-895-4700. Sincerely, E&A Consulting Group, Inc. Dougla C. Walter, P.E. Accepted: Date: E&A CONSULTING GROUP,INC. Planning• Engineering•Environmental F. Field Services 330 North 117th Street•Omaha,NE 68154-2509 Mra.eacg.com Phone:402.895.4700•Fax:402.895.3599 A. Y30.0A00.o,CLU O u.O `- N 1 all prior written or oral understandings. Client: By: Date: Name: Title: • Client's Initials Page3r4 E&A CONSULTING GROUP,INC. Reviied2012.08-15 • KIM .'ns7. �m _ HJa ,f Engine i Fn Itor en niggttlecs 330 North 112U1 S'reel.Omaha,NE 58154.2509 n•.tw.eacg.corn Phone:402.895 4200•Fo c 402.805.3509 • contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous 1 ci • • Dahlman Avenue Reconstruction Additional Services Agreement No.2 Exhibit"B" Dahlman Avenue Reconstruction Date:enn013 F Street to H Street By:D.Walter Omaha,NE E&A#:M2012.525.001 1: Dahlman Avenue/H Street/Truck Scale Driveway Intersection Project Engr. Survey Survey Survey Constr. Constr. Total Task Principal Clerical Mgr. Tech. Tech. Mgr. Crew Mgr. Insp. Hours Project Management&Coordination 6 6 Preliminary Layouts of intersection Options 6 20 26 Truck Scale Property Driveway Options 2 8 Revise Plans 6 32 38 Total Hours 0 0 20 60 0 0 0 0 0 80 Hourly Charge Out Rate $150 $59 $134 $82 $73 $110 $128 $125 $70 Fee. $0 $0 $2,680 $4,920 $0 S0 $0 $0 $0 Fee Subtotal 7,600.00 Expenses 50.00 Total 7,650.00 2: Dahlman Avenue/G Street Intersection Project Engr. Survey Survey Survey Constr. Constr. Total Task Principal Clerical Mgr. Tech. Tech. Mgr. Crew Mgr. Insp. Hours Project Management&Coordination 2 2 Revise Plans 6 8 14 ROW Tract Maps/Legal Descriptions 2 1 Utility Coordination 2 2 Total Hours 0 0 10 8 2 1 0 0 0 21 Hourly Charge Out Rate $150 $59 $134 $80 $73 $110 $128 $125 $70 Fee $0 $0 $1,340 $640 $146 $110 $0 $0 $0 Fee Subtotal 2,236.00 Expenses 14.00 Total 2,250.00 3: Dahlman Avenue I F Street Intersection Project Engr. Survey Survey Survey Constr. Constr. Total Task Principal Clerical Mgr. Tech. Tech. Mgr. Crew Mgr. Insp. Hours Project Management&Coordination 2 2 Topographic Survey 6 1 6 13 Site Visit 2 Revise Plans 8 20 Utility Coordination 1 1 Total Hours 0 0 13 20 6 1 6 0 0 46 Hourly Charge Out Rate $150 $59 $134 $80 $73 $110 $128 $125 $70 Fee $0 $0 $1,742 $1,600 $438 $110 $768 $0 $0 Fee Subtotal 4,658.00 li Expenses 42.00 Total 4,700.00 Grand Total 14,600.00 • K:1Projects1201215251p011Engr Contract\Contracts\Addltional ServicesWdditlonal Services 2.Design1FEE Design Additional Services 8-741Sge 1 of 1 orth 112U1 S'reel.Omaha,NE 58154.2509 n•.tw.eacg.corn Phone:402.895 4200•Fo c 402.805.3509 • contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, professional engineering services are required for Project OPW 52341, being the Dahlman Avenue Reconstruction—F Street to H Street; and, WHEREAS, E&A Consulting Group, Inc. was selected by the Architects and Engineers Selection Process and has agreed to perform the services listed in the attached agreement, which by this reference is made a part hereof; and, WHEREAS, E&A Consulting Group, Inc. has agreed to perform these services for a fee not to exceed $59,500.00, which will be paid from the 2010 Transportation Bond Fund 13183, Organization 117117. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Professional Services Agreement with E&A Consulting Group, Inc. for design services on Project OPW 52341, being the Dahlman Avenue Reconstruction—F Street to H Street, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $59,500.00 for these professional services from the 2010 Transportation Bond Fund 13183, Organization 117117. 1615htp APPROVED AS TO FORM: ///^77/ DEPUTY CITY ATTORNEY DATE a0771aid By ncilmember Adopted NOV.2.0-.2012 7 `0 eldd ad" City Clerk c Approved... Mayor 2 Total Hours 0 0 10 8 2 1 0 0 0 21 Hourly Charge Out Rate $150 $59 $134 $80 $73 $110 $128 $125 $70 Fee $0 $0 $1,340 $640 $146 $110 $0 $0 $0 Fee Subtotal 2,236.00 Expenses 14.00 Total 2,250.00 3: Dahlman Avenue I F Street Intersection Project Engr. Survey Survey Survey Constr. Constr. Total Task Principal Clerical Mgr. Tech. Tech. Mgr. Crew Mgr. Insp. Hours Project Management&Coordination 2 2 Topographic Survey 6 1 6 13 Site Visit 2 Revise Plans 8 20 Utility Coordination 1 1 Total Hours 0 0 13 20 6 1 6 0 0 46 Hourly Charge Out Rate $150 $59 $134 $80 $73 $110 $128 $125 $70 Fee $0 $0 $1,742 $1,600 $438 $110 $768 $0 $0 Fee Subtotal 4,658.00 li Expenses 42.00 Total 4,700.00 Grand Total 14,600.00 • K:1Projects1201215251p011Engr Contract\Contracts\Addltional ServicesWdditlonal Services 2.Design1FEE Design Additional Services 8-741Sge 1 of 1 orth 112U1 S'reel.Omaha,NE 58154.2509 n•.tw.eacg.corn Phone:402.895 4200•Fo c 402.805.3509 • contain a like requirement. Should legal liability for the defects exist,failure by the Client and the Client's contractors or subcontractors to notify E&A shall relieve E&A of any liability for costs of remedying the defects above the sum the remedy would have cost had prompt notification been given when such defects were first discovered. 9.01 Insurance E&A will carry insurance as detailed in Appendix°B°(insurance Requirements°). At the Client's request,E&A will provide an Acord certificate of insurance executed by a licensed representative of the participating insurer(s). 10.01 General Considerations A. The standard of care for all professional services performed or furnished by E&A under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.E&A makes no warranties,express or implied,under this Agreement or otherwise,in connection with E&A's services. E&A and its subconsuitants may use or rely upon the design services of others,including;but not limited to, • contractors,manufacturers,and suppliers. • B. All design documents prepared or furnished by E&A are instruments of service,and E&A retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed. C. To the fullest extent permitted by law,Client and E&A: 1. Waive against each other,and the other's employees,officers,directors,agents,insurers;partners,and consultants, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project,and 2. Agree that Client shall indemnify,defend,and save E&A harmless from and against any liability,claim,judgment, demand,or cause of action arising out of or relating to: (a) Client's breach of this Agreement; • (b) The negligent acts or omissions of Client of its employees,contractors or agents; (c) Any allegation that E&A is the owner or operator of a site or arranged for the treatment,transportation or disposal of hazardous materials including the adverse health effects thereof,and (d) Site access or damage to any subterranean structures or any damage required for site access. 3. Where the services included the preparation of plans and specifications,agree that Client will have its construction contractors agree in writing to indemnify and save harmless E&A from and against loss,damage,Injury or liability attributable. to personal injury or property damage arising out of or resulting from such contractor's performance or non-performance of Client's Initials Pego2r4 E&A CONSULTING GROUP,INC. aevised2012-G9-16 . ' tvTi;.-.——,— : }t t !19 !eS fiti''-ifillYiraDITI0t cll&?l;teld,$i30,4esr._ .- _ _ -- _ i 3:0 North 117th Steel•Omaha,NE 69194.2509 traw,eacg corn Phone:402695.4/00•Fax 402.895.3599 --=-...-• -.= -,--* .=.-- ----= -_-_ ,•'-' -==.--±----=-.. ..- .110st .••' ..Met "....0m4ter zweg --__ — ....Malmo.Ai,,,,.. ] 0) vVi"0, j v, O C m E V (6 (0 fa G ?i O V •7 M W C ' C ,,, L .., v W v, .n N 0 >. > E o Y •G >,m E a c m '' d (a m I= -o E ;° '" 7 v a E N o y m W 'rV 'C r0 O N SiW & G1 `�t O ` c ` .0 ` c c a-_ - E ._ v, v , •," A aN+ o d c a+ = >, co o a, . m 0 CL (n o y °' c tea, f0 a `° o IX O o O cc v N Q a We Y Q E a `o , c 4, m Z E O ° O ° a �- V O • , including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous o, zi a x d ',-,1' aroo ba 'o .•r Q.. "icc, 0 tA il A� cD p ram-. C o N . B O cy. o o a. 5 1 ►fi � a f' 3 • (O •O n G cs. ,z j CD p v`\l d O `. J CD Po 5- '-r (IQ Q E .0 !1 O 47 Ao K CD .-+ UQ' CD '. V ' ,..,1 z, ,_... ,..t, ,-,- ,-4- \ s CD uHJiI Y N r 1 E&A CONSULTING GROUP,INC. 4 : i ^+ .''P,.a- ,C.. .c. c.%:.e 2-:3.T..:..eti..:�,.� .•� ti'�(,...- - .::.. - �TA 330 North 117th Street•Omaha.NE 681544509 ...•v eac9.tom Phone:402.895.4100•Far:102.895.3599 0 --`-''' Q.. CD N DC• rOy En CCDD • F 6• , a