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RES 2012-0591 - Agmt with Ehrhart Griffin & Associates for levee operation and maintenance manual update CP ir RECEIVFa ` � Public Works Department U e' t4 ^ *' Omaha/Douglas Civic Center 2 '` h 2 rf',j. k s `4 1819 Farnam Street,Suite 601 ® *IM May. 1, 2012 its } o.t ' --�:*IMF Omaha,Nebraska 68183-0601 o� e` (402)444-5220 �A � ry �TFD FEBR' ( CLERK Fax(402)444-5248 City of Omaha O M A H A, NE a j;A S i(is 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 Service Agreement with Ehrhart Griffin & Associates to provide engineering services for the updating of the Omaha Levee Operations and Maintenance Manual. The scope of services is included in Exhibit B of the attached Agreement, and includes limited land surveying and basic design engineering services as required to update the Manual. Ehrhart Griffin &Associates has agreed to perform these services for a fee, as detailed in Exhibit C of the Agreement, not to exceed $99,950.00, which is payable from the 2006 Environment Fund 13122, 2012 Issue Environmental Bonds Organization 117217. Ehrhart Griffin & Associates has filed the required Annual Contract Compliance Report 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. Respectfully submitted, Referred to City Council for Consideration: 6--?,,g,--, ,,_,7-, 2.. 171. /8 • /2- '----<Cc2/ (--"-‘ Robert G. Stubbe, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: 41-4,--/--,, ..100.4(101,01141).( (///8)/a_ 6--2,:__-- Pam Spaccarotella Date Human Rights and Relations Date e � Finance Director Department 1452htp project progress,budget and schedule status, and current project issues. Anticipated future activities and PMT needs will be discussed. 1.6 GIS Coordination. This task includes GIS coordination work for the Project Team as well as coordination with the CITY/PMT to manage and update CITY GIS information for the PROJECT. This would include providing necessary electronic files and information developed as part of the PROJECT to the CITY/PMT for updating the GIS database as required. All GIS deliverables (in any task) should be created in ESRI's ArcGIS ArcMap v10.0 software, be in a file geodatabase format(shapefiles or personal geodatabase formats are 11 5) A revised schedule. N. Small and/or Emerging Small Business Participation. ENGINEER is obligated to comply with the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects, as provided in Exhibit A. All reference to "Contractor" in Exhibit A shall mean "ENGINEER". EXECUTED this f a day of , 2012. 7 authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify 4 data surveys, studies, drawings, maps,models, reports or photographs shall become, at the CITY's option, its property. X. GENERAL CONDITIONS 3 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 6th day of March, 2012, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and EHRHART GRIFFIN & ASSOCIATES (hereinafter referred to as the "Provider"), on the terms,conditions and provisions as set forth herein below. PROJECT NAME AND DESCRIPTION CITY OF OMAHA LEVEE O&M MANUAL UPDATE 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 180 day period after receipt of a purchase order from the City. B. Provider designates Terry L. Morrison, P.E. whose business address and phone number is 3552 Farnam Street, Omaha, NE 68135; (402) 561-2305 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 18 0 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 Selma C. Kessler, P.E. whose business address and phone number are Missouri River Wastewater Treatment Plant, 5600 S. 10th Street, Omaha,NE 68107 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. database as required. All GIS deliverables (in any task) should be created in ESRI's ArcGIS ArcMap v10.0 software, be in a file geodatabase format(shapefiles or personal geodatabase formats are 11 5) A revised schedule. N. Small and/or Emerging Small Business Participation. ENGINEER is obligated to comply with the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects, as provided in Exhibit A. All reference to "Contractor" in Exhibit A shall mean "ENGINEER". EXECUTED this f a day of , 2012. 7 authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify 4 data surveys, studies, drawings, maps,models, reports or photographs shall become, at the CITY's option, its property. X. GENERAL CONDITIONS 3 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 $99,950.00. 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 fmal 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 carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. ble opportunity to participate in City of Omaha projects, as provided in Exhibit A. All reference to "Contractor" in Exhibit A shall mean "ENGINEER". EXECUTED this f a day of , 2012. 7 authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify 4 data surveys, studies, drawings, maps,models, reports or photographs shall become, at the CITY's option, its property. X. GENERAL CONDITIONS 3 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 parry'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 unfinished 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. rveys, studies, drawings, maps,models, reports or photographs shall become, at the CITY's option, its property. X. GENERAL CONDITIONS 3 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. 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 Form, 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 applicant for employment because of race,religion, color, sex,national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-89. The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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 employment without regard to race,religion, color,sex or national origin. 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 contract compliance officer 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 section 10-192 to 10- 194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer 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 of 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 is necessary to protect the interests of the city and to effectuate these 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. • hat applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. 014. EXECUTED this ( day of 1 .),(),`t , 2012 . ggfr 1,75ocf4.'rr> Provider �. ATTEST Prv'j ec' efd1 el 5 rr�� (Title) EXECUTED this aNde day of , . ATTEST CITY OF OMAHA, A Municipal Corporation =---- By • • it .ze_� City rk !or APPROVED AS TO FORM: 124124_, 4-48.- Deputy City Attorney Revised: 6/2011 1—, = O O1 n Fit' • CD - N n CD N O N �. O (to ry r-s cn h CAD .. O CD c• CCDD `.S 5- CCDD ,4 EXHIBIT"A" Utilization of Small and Emerging Small Businesses It is the policy of the City of Omaha that Sinai! and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. With regard to this project, the following Certified Professional Service Provider(s)have been identified and contracted with to perform the identified project tasks: Scope of work or Projected project tasks to be commencement Name of small or performed and completion Agreed price with emerging small Address date of work SB/ESB Percentage(%) business R.W. Engineering & 6225 N. 89th Street Seepage Berm Start: May 2012 $3,600.00(LS) 3.6% of Total Surveying Omaha, NE 68134 location survey End: June 2012 ,Contract • Totals $3,600.00 (LS) 3.6% CERTIFICATION The undersigned certifies that he/she is legally authorized by the Irovider to make the statements and representations regarding small and/or emerging small business participation and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with the identified small and/or emerging small business(es)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)at the price(s)set forth in this Exhibit conditioned upon execution of this Agreement by the Provider with the City of Omaha. The undersigned/Provider agrees that it'any of the representations made regarding utilization of small and/or emerging small business by the Provider knowing them to be false,or if there is a failure by the Provider to implement the stated agreements,intentions, objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the agreement,entitling the City of Omaha to terminate the Agreement for default. The right to so terminate shall be in addition to, and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Agreement, under City of Om ha's Cont.a i ipliance Ordinance or otherwise. Additionally, the undersigned/Provider will be subject to the terns•9f a Murk nor sion I service awards. • Signature WJ/ �1' 2 Title k1-0S40v11- Ca-)l•' Date of Signing 0 -1 Z .W. Engineering & Surveying Firm or Corporate Name 6225 N. 89th Street Omaha, NE 68134 Telephone Number 402-573-2205 I Address 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. • hat applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. EXHIBIT "B" SCOPE OF SERVICES f 1 .),(),`t , 2012 . ggfr 1,75ocf4.'rr> Provider �. ATTEST Prv'j ec' efd1 el 5 rr�� (Title) EXECUTED this aNde day of , . ATTEST CITY OF OMAHA, A Municipal Corporation =---- By • • it .ze_� City rk !or APPROVED AS TO FORM: 124124_, 4-48.- Deputy City Attorney Revised: 6/2011 1—, = O O1 n Fit' • CD - N n CD N O N �. O (to ry r-s cn h CAD .. O CD c• CCDD `.S 5- CCDD ,4 • EXHIBIT "B" EGA1 t 1308 EGA Project No • CIVIL ENGINEERING AND LAND SURVEY PROPOSAL CITY OF OMAHA LEVEE O&M MANUAL UPDATE OMAHA,NE March 6,2012 40,1 This agreement for limited professional civil engineering and land surveying services (hereinafter referred to as "Agreement") to be provided by Ehrhart Griffin & Associates (hereinafter referred to as "A/E") for CITY OF OMAHA PUBLIC WORKS DEPT(hereinafter referred to as Owner).General Conditions are attached in Exhibit • ARTICLE 1 SCOPE OF SERVICES: This Scope of Services outlines the professional services required to update the City of Omaha Levee O&M Manual based on the most current information provided to the best of our ability within the allotted fees. The following scope of services is based upon the preliminary meetings held with the City of Omaha and the US Army Corps of Engineers.. Basic Scone of Services 1.1 LIMITED LAND SURVEYING SERVICES will include the following: A. A GiS base map will be created based on the information provided by the Owner. The information to be provided shall include all available record drawings of previously unmapped improvements. Base map shall reflect conditions along the levee as of Januaty 1,2012. Preparation of the base map shall include: 1. Existing information provided will be analyzed and duplicate information will be compared in order to use the most accurate information. 2. Shape files provided by the Owner will be incorporated. • 3. A shape file will be created for the new levee alignment. • B. Datum information of existing plans and exhibits will be determined and when possible notes will be added correlating those using NAVD29 to NAVD88. • C. Determine approximate location of existing seepage berms and other flood protection devices that were installed to protect the levee against flooding. D. Field verify points along the alignment where it diverges from the old alignment. 1.2 GEOTECHNICAL INVESTIGATION: services are not included in this proposal. 1.3 BASIC A/E DESIGN:services will include the following: • A. Create new plan and profile sheets based on information provided by the Owner incorporating the most current information as of January I,2012. Sheets shall include: 1. An updated alignment will be created to follow the current levee. 2. New continuous stationing will be created for the updated levee alignment. 3. Elevations based upon NAVD88 datum. • EHRHART GRIFFIN&ASSOCIATES •3552 FARNAM STREET• OMAHA, NEBRASKA 68131 • 402-551-0631 "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. • hat applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. • B. Coordination with City of Omaha personnel to incorporate as much current information as possible within the allotted fee. 1. Coordination with the City on existing relief well locations as of January 1,2012 2. Coordination with the City on CSO completed project information. 3. Coordination with the City's GIS and IT departments. • 4. Coordination with the City's levee crew to gather pertinent information on pump stations, access points,levee penetrations,etc. 5. Monthly Coordination meetings with the City's project manager or as the need arises. C. Conversion of the manual to text and PDF formats. 1. The existing information in the manual that will be reused will be scanned to PDF and converted to text for reuse as text for the new manual,if necessary,and/or for the inclusion of new information furnished by the Owner... 2. The manual will also be published to PDF version once the revision is complete. D. Specifically EXCLUDED items include but are not limited to: 1. Surveying specific items not mentioned above,including a top of levee elevation survey, detailed topographic surveys of areas not previously shown or subject to record drawings furnished by the Owner. 2. Investigating levee right-of-way or easements locations or research of associated documents.. 3. Title work for levee property. 4. Incorporation of interior drainage processes and infrastructure. • 5. Incorporation of relief well information designed or completed after the date of the O&M Manual revision. • ADDITIONAL SERVICES: Services required in addition to those listed above will be performed at the A/E's prevailing standard hourly billing rates as shown in the Standard Hourly Rate Schedule in the General Conditions - Exhibit A. EXCLUDED SERVICES: Services not set forth above as Basic Services or Additional Services and listed in Article 1 of this Agreement are excluded from the scope of the A/E's services and the A/E assumes no responsibility to perform such services. Specifically excluded are: Application Fees, Railroad insurance, permitting or flagging fees and title policy research fees,off-site utility main extensions and or/street/alley improvements. 2 ost current information as of January I,2012. Sheets shall include: 1. An updated alignment will be created to follow the current levee. 2. New continuous stationing will be created for the updated levee alignment. 3. Elevations based upon NAVD88 datum. • EHRHART GRIFFIN&ASSOCIATES •3552 FARNAM STREET• OMAHA, NEBRASKA 68131 • 402-551-0631 "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. • hat applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. • ARTICLE 2 FEE ARRANGEMENT&SCHEDULE • 2.1 PROFESSIONAL FEES: The A/E agrees to provide the above services on an hourly not to exceed(HNTE) basis in addition to reimbursable expenses(See 2.2)as follows: 1.1A-C Land Surveying Services 1.2 Not Used. I.3A-C Engineering Services Total $99,950.00(HNTE) 2.2 REIMBURSABLE EXPENSES. Anticipated reimbursable expenses will include full size bond copies and mylars reproductions, in-house and express messenger deliveries, long distance and cellular telephone, contract and in-house reproduction,postage,mileage,airfare and subsistence. 2.3 PAYMENT. The A/E will bill the Owner on a monthly basis based on percent of work completed. Billings will be provided on dates necessary to meet the Owner payment approval schedule.Payment terms are 30 days net. 2.4 SCHEDULE: Engineering and surveying services will commence immediately upon receiving a signed copy of the proposal. The Owner shall notify the A/E of any submittal constraints in a timely manner so that appropriate scheduling may take place. 2.5 CONTRACT REPRESENTATIVE. Terry L. Morrison, PE, of Ehrhart Griffin & Associates will serve as project manager and contact for the A/E for this project. The Owner shall designate a staff member to serve in a similar capacity. EXHIBITS: • Exhibit A-General Conditions Owner: A/E: CITY OF OM HA PUBLIC ORKS DEPT EHRHA 4iFFIN&ASS,O ES , Signature: \S- /625c— /L��/�r Signatur By: SELMA C.KESSLER,PE. By: TERRY L.MORRISON,P.E. Title: Title: PROJECT MANAGER Date: c� ZJ - Date: 4 fir:~1 • Address: 5600 S. 10TH ST Address: 3552 Farnam Street OMAHA,NE 68107 Omaha,Nebraska 68131 Phone: 444-3915,X 221 Fax: 444-3904 Phone 402/551-0631(phone) Fax: 402/551-6540(fax) E-mail: 6-- 491/- in4- ,rvc, uj E-mail: ega@ehrhartgriffm.com • E's services and the A/E assumes no responsibility to perform such services. Specifically excluded are: Application Fees, Railroad insurance, permitting or flagging fees and title policy research fees,off-site utility main extensions and or/street/alley improvements. 2 ost current information as of January I,2012. Sheets shall include: 1. An updated alignment will be created to follow the current levee. 2. New continuous stationing will be created for the updated levee alignment. 3. Elevations based upon NAVD88 datum. • EHRHART GRIFFIN&ASSOCIATES •3552 FARNAM STREET• OMAHA, NEBRASKA 68131 • 402-551-0631 "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. • hat applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. • • • GENERAL CONDITIONS-EXHIBIT A 1. ACCESS TO SITE:Unless otherwise stated,the A/E will have faulty performance by the Owner or by contractors of any level. access to the site for activities necessary for the performance of the When such delays beyond the A/E's reasonable control occur,the services at all reasonable hours. Owner agrees the A/E is not responsible for damages,nor shall the A/E be deemed to be in default of this Agreement. 2. INDEMNIFICATION: Owner agrees to indemnify and hold harmless the A/E from and against any and all claims, damages, 8. LIMITATION OF LIABILITY:In recognition of the relative losses,and expenses arising out or resulting from the performance risks and benefits of the project to both the Owner and the AT, of services under this Agreement, provided that any such claim, the risks have been allocated such that the Owner agrees, damage,loss,or expense is not due to the negligent acts,errors,or to the fullest extent permitted by law,to limit the liability of the omissions of the A/E. A/E and their sub consultants to the Owner and to all construction contractors and subcontractors on the project for any and all 3. DISPUTE RESOLUTION: In an effort to resolve any claims,losses,costs, damages of any nature whatsoever or claims conflicts that arise during the design or construction of the project expenses from any cause or causes, so that the total aggregate or following completion of the project, the Owner and the A/E liability of the A/E and his or her sub consultants to all those agree that all disputes between them arising out of or relating to named shall not exceed$100,000 or the A/E's total fee for services this Agreement shall be submitted to nonbinding mediation unless rendered on this project, whichever is greater. Such claims and the parties mutually agree otherwise. The Owner and the A/E causes include negligence,professional errors or omissions, strict further agree to include a similar mediation provision in all liability,breach of contract or warranty. agreements with independent contractors and consultants retained for the project and to require all independent contractors and 9. OPINIONS OF PROBABLE COST: In providing opinions consultants also to include a similar mediation provision in all of probable construction cost,the Owner understands that the A/E agreements with subcontractors, sub consultants, suppliers or has no control over costs or the price of labor, equipment, or fabricators so retained, thereby providing for mediation as the materials,or over the Contractors'method or pricing,and that the primary method for dispute resolution between the parties to those opinions of probable construction cost provided herein are to be agreements. made on the basis of the A/E's qualifications and experience.The A/E makes no warranty,expressed or implied,as to the accuracy of 4. OWNERSHIP OF DOCUMENTS: The Owner such opinions as compared to bid or actual costs. acknowledges the A/E's construction documents as instruments of professional service. Nevertheless, the plans and specifications 10. SHOP DRAWING REVIEW: The A/E shall review and prepared under this Agreement shall become the property of the approve Contractor submittals, such as shop drawings, product • Owner upon completion of the work and payment in full of all data,samples and other data,as required by the AT,but only for moneys due to the A/E.The Owner shall not reuse or make any the limited purpose of checking for conformance with the design modifications to the plans and specifications without the prior concept and the information expressed in the contract documents. written authorization of the A/E. The Owner agrees,to the fullest This review shall not include review of the accuracy or extent permitted by law, to indemnify and hold harmless the A/E completeness of details,such as quantities,dimensions,weights or from any claim,liability,or cost arising out of or allegedly arising gauges, fabrications processes, construction means or methods, out of any unauthorized reuse or modifications of the construction coordination of the work with other trades or construction safety documents by the Owner or any person or entity that acquires or precautions, all of which are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 12. HAZARDOUS MATERIALS: It is acknowledged by both A/E for all services rendered and all costs incurred up to the date parties that the A/E's scope of services does not include any of termination,in accordance with Article 2 of this Agreement. services related to asbestos or hazardous or toxic materials.In the event the A/E or any other party encounters asbestos or hazardous 16. SEVERABILITY AND SURVIVAL: Any provision of this or toxic materials at the job site,or should it become known in any Agreement later held to be unenforceable for any reason shall be way that such materials may be present at the job site or any deemed void, and,all remaining provisions shall continue in full adjacent areas that may affect the performance of the A/E's force and effect. Articles 2, 3, 4, and 8 shall survive the services,the A/E may,at his or her option and without liability for termination of this Agreement and shall remain enforceable consequential or any other damages, suspend performance of between the parties. services on the project until the Owner retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or 17. STANDARD OF CARE: Services provided by the A/E remove the asbestos or hazardous or toxic materials, and warrant under this Agreement will be performed in a manner consistent that the job site is in full compliance with applicable laws and with that degree of care and skill ordinarily exercised by members regulations. of the same profession currently practicing under similar circumstances. 13. GOVERNING LAW: The laws of the State of Nebraska will govern the validity of this Agreement, its interpretation and 18. AMENDMENT: This Agreement shall not be amended performance. Any litigation arising in any way from this except by written instrument signed by the parties hereto. This Agreement shall be brought in the courts of that State. Agreement constitutes the entire and integrated agreement by and between the parties and supersedes any and all prior negotiations, 14. ASSIGNMENT: Neither party to this Agreement shall whether written or oral. transfer, sublet, or assign any rights under or interest in this Agreement (including but not limited to moneys that are due or 19. AUTHORIZATION: The individual signing this agreement moneys that may be due)without the prior written CONSENT of for and on behalf of both parties represents that he or she is a duly the other party. authorized agent of his or her respective principal. 15. TERMINATION: Either the Owner or the A/E may terminate this Agreement at any time with or without cause upon giving the other party(10)calendar days prior written notice.The Owner shall within thirty(30)calendar days of termination pay the STANDARD HOURLY RATE SCHEDULE: Principal 150.00/hr. Survey Department Manager 120.00/hr. Engineering Department Manager 140.00/hr. Professional Land Surveyor 90.00/hr. Engineering Project Manager 140.00/hr. Survey Technician 90.00/hr. Project Engineer 90.00/hr. Survey Crew Party Chief 90.00/hr. Design Engineer 80.00/hr. Survey Crew Tech.W/EDM 90.00/hr. Engineering Technician I 75.00/hr. Robotic Laser EDM 90.00/hr. Engineering Technician II 65.00/hr. GPS Satellite Receiver 180.00/hr. Quality Assurance Manager 90.00/hr Office Clerical 55.00/hr. Construction Manager 85.00/hr. Office Manager 88.00/hr. Construction Observer I 65.00/hr. • Construction Observer II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 EXHIBIT"C" BREAKDOWN OF COSTS 1 .),(),`t , 2012 . ggfr 1,75ocf4.'rr> Provider �. ATTEST Prv'j ec' efd1 el 5 rr�� (Title) EXECUTED this aNde day of , . ATTEST CITY OF OMAHA, A Municipal Corporation =---- By • • it .ze_� City rk !or APPROVED AS TO FORM: 124124_, 4-48.- Deputy City Attorney Revised: 6/2011 1—, = O O1 n Fit' • CD - N n CD N O N �. O (to ry r-s cn h CAD .. O CD c• CCDD `.S 5- CCDD ,4 • mama■ q !!!! ma 88$$8$ 2 #°a m■\ gy \.- ®E, xn,. . , ! 113 R a ; ! § ! f ® 3 ! 14 ) 0 \ / ©a / ▪ ° |. / ;} ,-- e , m 0®82 ! a''m;=!` giV ®e; ;© )! .B _ IA o a // !\ " .7 a 2 k ZS ® , , / , ., \ S\ • } YE )k { IV. ! // 8 --�— _ 337_ . Ul $ . § / a ! ri k. f! t2 | �/� ! \ \ 2 ; !. 75a; ] « _ - )§ 0 ! U !! 3 !! 111111 \|ƒf; , 11IIIll a ! 0\ ƒ Id! 2!] ` �182` ! !cJ 2!k!k |»$k- _ §` _ ƒ !!!!( ;II!an | , 1 i;_;: 2a2 2!2 oject until the Owner retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or 17. STANDARD OF CARE: Services provided by the A/E remove the asbestos or hazardous or toxic materials, and warrant under this Agreement will be performed in a manner consistent that the job site is in full compliance with applicable laws and with that degree of care and skill ordinarily exercised by members regulations. of the same profession currently practicing under similar circumstances. 13. GOVERNING LAW: The laws of the State of Nebraska will govern the validity of this Agreement, its interpretation and 18. AMENDMENT: This Agreement shall not be amended performance. Any litigation arising in any way from this except by written instrument signed by the parties hereto. This Agreement shall be brought in the courts of that State. Agreement constitutes the entire and integrated agreement by and between the parties and supersedes any and all prior negotiations, 14. ASSIGNMENT: Neither party to this Agreement shall whether written or oral. transfer, sublet, or assign any rights under or interest in this Agreement (including but not limited to moneys that are due or 19. AUTHORIZATION: The individual signing this agreement moneys that may be due)without the prior written CONSENT of for and on behalf of both parties represents that he or she is a duly the other party. authorized agent of his or her respective principal. 15. TERMINATION: Either the Owner or the A/E may terminate this Agreement at any time with or without cause upon giving the other party(10)calendar days prior written notice.The Owner shall within thirty(30)calendar days of termination pay the STANDARD HOURLY RATE SCHEDULE: Principal 150.00/hr. Survey Department Manager 120.00/hr. Engineering Department Manager 140.00/hr. Professional Land Surveyor 90.00/hr. Engineering Project Manager 140.00/hr. Survey Technician 90.00/hr. Project Engineer 90.00/hr. Survey Crew Party Chief 90.00/hr. Design Engineer 80.00/hr. Survey Crew Tech.W/EDM 90.00/hr. Engineering Technician I 75.00/hr. Robotic Laser EDM 90.00/hr. Engineering Technician II 65.00/hr. GPS Satellite Receiver 180.00/hr. Quality Assurance Manager 90.00/hr Office Clerical 55.00/hr. Construction Manager 85.00/hr. Office Manager 88.00/hr. Construction Observer I 65.00/hr. • Construction Observer II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 a m $$$ m#$$$$$$8 8 . 8 8 8 . Ti _ ■ [ !!! %!!! ! V — e - - I. :, e , . !! ® 7 » ; ! ! , / ; ; = m m \ ■ ! ; T. ! E | w ; ! 7 / R & \ ,a 2 / k { ) E #; _ _ | = y | I g 'g a § .;2 m ! . -N Ate. © 6 ! )f !m - - \ !I #2 , ° 2 ° } ° } 1§ ! Ni \£ , ° j , , ` 71. 8 A E22 ' ! 8 e 8 en 2 ;k CO ! -2- ,,,e;gl,a ® E q § M | & ƒ± !k s. \ t 6 8 N, NN, , ,CO, , ;T. m n 8 \ 8 0 , — �- ! 6 N , $ ; a , 22. ! CO¥ _ } ! , | ! ! ) / ) !| &/| .a!«;, -g \ \} § ! ! \ ip p.. , ) - , . ) . | 2 Egg °@ ¢\k)$g { k ) ) . �� - §)k/ } =!a - . 6 ! 8ag o k& ! / �2,! 2k(kƒ\!77 | ! i J ! «� �6 ` 3 k2)k \fƒ|f`�; ) , k § § 2 , /# )\ , \ |!!& ) lE O)! ! 2 ! , w g ree of care and skill ordinarily exercised by members regulations. of the same profession currently practicing under similar circumstances. 13. GOVERNING LAW: The laws of the State of Nebraska will govern the validity of this Agreement, its interpretation and 18. AMENDMENT: This Agreement shall not be amended performance. Any litigation arising in any way from this except by written instrument signed by the parties hereto. This Agreement shall be brought in the courts of that State. Agreement constitutes the entire and integrated agreement by and between the parties and supersedes any and all prior negotiations, 14. ASSIGNMENT: Neither party to this Agreement shall whether written or oral. transfer, sublet, or assign any rights under or interest in this Agreement (including but not limited to moneys that are due or 19. AUTHORIZATION: The individual signing this agreement moneys that may be due)without the prior written CONSENT of for and on behalf of both parties represents that he or she is a duly the other party. authorized agent of his or her respective principal. 15. TERMINATION: Either the Owner or the A/E may terminate this Agreement at any time with or without cause upon giving the other party(10)calendar days prior written notice.The Owner shall within thirty(30)calendar days of termination pay the STANDARD HOURLY RATE SCHEDULE: Principal 150.00/hr. Survey Department Manager 120.00/hr. Engineering Department Manager 140.00/hr. Professional Land Surveyor 90.00/hr. Engineering Project Manager 140.00/hr. Survey Technician 90.00/hr. Project Engineer 90.00/hr. Survey Crew Party Chief 90.00/hr. Design Engineer 80.00/hr. Survey Crew Tech.W/EDM 90.00/hr. Engineering Technician I 75.00/hr. Robotic Laser EDM 90.00/hr. Engineering Technician II 65.00/hr. GPS Satellite Receiver 180.00/hr. Quality Assurance Manager 90.00/hr Office Clerical 55.00/hr. Construction Manager 85.00/hr. Office Manager 88.00/hr. Construction Observer I 65.00/hr. • Construction Observer II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: , WHEREAS, the City of Omaha requires professional engineering assistance withy:the updating of the Omaha Levee Operation and Maintenance Manual; and, WHEREAS, Ehrhart Griffin & Associates has been selected in accord with the Architect's and Engineer's Review and Selection Committee to provide limited professional design engineering and land survey services, as detailed in the attached Agreement, which by this reference is made a part hereof; and, WHEREAS, the fee for these professional services, which will not exceed $99.950.00, will be paid from 2006 Environment Fund 13122, 2012 Issue Environmental Bonds Organization 117217. 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 Ehrhart Griffin & Associates to provide limited professional engineering and land surveying services for the updating of the Omaha Levee Operation and Maintenance Manual, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $99,950.00 for these professional engineering services from the 2006 Environment Fund 13122, 2012 Issue Environmental Bonds Organization 117217. 1451htp APPROVED AS TO FORM: DEPUTY CITY ATTORNEY DATE By ‘'"-Z7netel C un ilmember Adopted .MAY .0 Z� Cit Clerk ,S/2/2„ Approved.... .... Mayor ate of Nebraska will govern the validity of this Agreement, its interpretation and 18. AMENDMENT: This Agreement shall not be amended performance. Any litigation arising in any way from this except by written instrument signed by the parties hereto. This Agreement shall be brought in the courts of that State. Agreement constitutes the entire and integrated agreement by and between the parties and supersedes any and all prior negotiations, 14. ASSIGNMENT: Neither party to this Agreement shall whether written or oral. transfer, sublet, or assign any rights under or interest in this Agreement (including but not limited to moneys that are due or 19. AUTHORIZATION: The individual signing this agreement moneys that may be due)without the prior written CONSENT of for and on behalf of both parties represents that he or she is a duly the other party. authorized agent of his or her respective principal. 15. TERMINATION: Either the Owner or the A/E may terminate this Agreement at any time with or without cause upon giving the other party(10)calendar days prior written notice.The Owner shall within thirty(30)calendar days of termination pay the STANDARD HOURLY RATE SCHEDULE: Principal 150.00/hr. Survey Department Manager 120.00/hr. Engineering Department Manager 140.00/hr. Professional Land Surveyor 90.00/hr. Engineering Project Manager 140.00/hr. Survey Technician 90.00/hr. Project Engineer 90.00/hr. Survey Crew Party Chief 90.00/hr. Design Engineer 80.00/hr. Survey Crew Tech.W/EDM 90.00/hr. Engineering Technician I 75.00/hr. Robotic Laser EDM 90.00/hr. Engineering Technician II 65.00/hr. GPS Satellite Receiver 180.00/hr. Quality Assurance Manager 90.00/hr Office Clerical 55.00/hr. Construction Manager 85.00/hr. Office Manager 88.00/hr. Construction Observer I 65.00/hr. • Construction Observer II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 0 w EA O C c) b ` v2i O N" N 0' v2i 4. 4. 0 O K tv O 0 t:.. o p 'S Ro 8 "5. O O ' O p� Sy .4 P? Pa Pa 0 CD t7q O O CD CAD Po F2 �co iru. u. i . \ 0 Ch Ic:+), :11- acl Crq Cr4i FID‘ 05 R O C. 00 0 po �'0 0 no ••• w Q-Upa aL. 4 COD 0 Q a. CCD r • • rL CD N O N �. O (to ry r-s cn h CAD .. O CD c• CCDD `.S 5- CCDD ,4