RES 2012-0085 - Agmt with Felsburg Holt & Ullevig for improvements to 144th St from W Dodge Rd to Ealge Run Dr t
�`�A �,�A'� E C i D Public Works Department
• t� i rtr Omaha/.Douglas Civic Center
di
' . zk�r'� t „� January i 2 JAN 13 Pit 2:
®.��t'1��;. ,�� 24� 2012 37 1819 Farnam Street,Suite GUl
yr y am:: Omaha,Nebraska 68183-0601
Ac ti FEaRVt.�~M1 �' (402)444-5220
�: Fax(402)444-5248
City of Omaha � ' ' 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 Supplemental Agreement No. 5 to an •
Engineering Agreement with Felsburg Holt & Ullevig to provide professional services for
improvements to 144th Street from West Dodge Road to Eagle Run Drive and Blondo Street
from 135th Street to Eldorado Drive. This project has been split into two phases and is now
known as Project STPC-5001(15) CN 22202 and SP 2000-14 (Phase 1) and Project MAPA-
5001(19), CN22202a and SP 2000-14a (Phase 2). The original Engineering Agreement with
Felsburg Holt &Ullevig was approved by City Council Resolution No. 666 on June 13, 2006.
The attached Supplemental Agreement authorizes Felsburg Holt & Ullevig to provide additional
services not included in the scope of the original Agreement or previous Supplemental
Agreements with regard to completion of a USACE Alternatives Analysis and Report for Phase
1 and final design work for Phase 2. The exact scope of services and costs is included in Exhibit
A of the attached Agreement. Felsburg Holt & Ullevig has agreed to perform the services
detailed for a cost to the City not to exceed $22,700, which is payable from the 2006
Transportation Bond Fund 13182, 2010 Issue Transportation Bond Organization 117115.
Felsburg Holt &Ullevig 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 Supplemental Agreement.
Respectfully submitted, Referred to City Council for Consideration:
_J / - 9-I 2� W Q,rnt cle ong.f0 1 1/Z l iz_
Ro ert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved:
/- /6, I'a-` l c La-P. 11 ,13
Pam Spaccarotella Date Human Rights and Relations Date
P Finance Director Department
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merican Recovery and Reinvestment Act. The
American Recovery and Reinvestment Act of 2009, Public Law 111-5, appropriates
s, available to employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
SUPPLEMENTAL AGREEMENT #5
FELSBURG HOLT & ULLEVIG
CITY OF OMAHA
PROJECT NO. STPC-5001(15)
CONTROL NO. 22202
144TH ST, WEST DODGE RD— FRANKLIN ST
FRANKLIN ST— EAGLE RUN DR/BLONDO ELDORADO — 135TH ST
THIS SUPPLEMENTAL AGREEMENT, made and entered into by and between the City
of Omaha, Nebraska, hereinafter referred to as the Local Public Agency or"LPA," and Felsburg
Holt & Ullevig, hereinafter referred to as the "Consultant."
WHEREAS, the Consultant and the LPA entered into Engineering Agreement XK0617
executed by the Consultant on May 23, 2006 and executed by the LPA on June 16, 2006,
hereinafter referred to as the "Original Agreement", and a supplemental agreement executed by
the Consultant on October 13, 2006 and by the LPA on December 7, 2006, hereinafter referred to
as "Supplemental Agreement No. 1", and a supplemental agreement executed by the Consultant
on November 13, 2007 and by the LPA on January 10, 2008, hereinafter referred to as
"Supplemental Agreement No. 2", and a supplemental agreement executed by the Consultant on
May 22, 2010 and by the LPA on June 9, 2010, hereinafter referred to as "Supplemental
Agreement No. 3", and a supplemental agreement executed by the Consultant on March 15,
2011 and bythe LPA on April 6 2011, hereinafter referred to as "Supplemental Agreement No.
PPP 9
4", providing for preliminary engineering and NEPA documentation services for Project No.
STPC-5001(15), Control No. 22202, and
WHEREAS, Project No. STPC-5001(15)was separated into two projects with the second
project being constructed under the designation of Project No. MAPA-5001(19), Control No.
22202A and
WHEREAS, it is necessary that work not contemplated in the Original Agreement,
Supplemental Agreement No.1, Supplemental Agreement No. 2, Supplemental Agreement No. 3
and Supplemental Agreement No. 4 be added under this supplemental agreement for USACE
Alternatives Analysis and Report for Project No. STPC-5001(15) and to perform the final design
services for Project No. MAPA-5001(19), Control No. 22202A and
WHEREAS, it is necessary to increase the Consultant's compensation by this
supplemental agreement for the additional work necessary to complete both projects, and
WHEREAS, it is the desire of the LPA that the projects be constructed under the
designation of Project No. STPC-5001(15), Control No. 22202 and Project No. MAPA-5001(19),
Control No. 22202A as evidenced by the Resolution of the LPA dated the 10'
dayof
M(AY , 2011, attached and identified as EXHIBIT "A" and made a part of this
agreement, and
XK0617 S / s
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merican Recovery and Reinvestment Act. The
American Recovery and Reinvestment Act of 2009, Public Law 111-5, appropriates
s, available to employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
NOW THEREFORE, in consideration of these facts, the Consultant and LPA agree as
follows:
SECTION 1. The LPA will issue the Consultant a written Notice-to-Proceed to perform the fiinal
design work for Project No. MAPA-5001(19), Control No. 22202A as stipulated in Exhibit "A",
which is attached and hereby made a part of this supplemental agreement, when LPA
determines that federal funding approval has been obtained for the project. Any additional work
or services identified in Exhibit "A" performed by Consultant on the project prior to the date
specified in the written Notice-to-Proceed are not eligible for reimbursement.
SECTION 2 . A Written Notice-to-Proceed was issued to the Consultant on July 14, 2011 to
perform the additional work through Consultant Work Order 3 for Project No. STPC-5001(15).
SECTION 3. The Consultant will perform the additional work stipulated in Consultant Work Order
3, which is attached as Exhibit "B" and hereby made a part of this supplemental agreement.
SECTION 4. For the work required, Section 5 of the Original Agreement is hereby amended and
the fixed-fee-for-profit is increased from $158,685.36 to $168,974.98, an increase of$10,289.62.
Actual costs are increased from $1,583,159.87 to $1,686,370.25, an increase of$103,210.38.
The total agreement amount is increased from $1,741,845.23 to $1,855,345.23, an increase of
$113,500.00 which the Consultant must not exceed without the prior written approval of the LPA.
SECTION 5. The Consultant will be paid the additional fee on the same terms stipulated in the
Original Agreement and, except as specifically amended by this supplemental agreement, all
terms and conditions of the Original Agreement, XK0617, on Project No. STPC-5001(15),
executed by the Consultant on May 23, 2006 and executed by the LPA on June 16, 2006, and
Supplemental Agreement No. 1 executed by the Consultant on October 13, 2006 and by the LPA
on December 7, 2006, and Supplemental Agreement No. 2 executed by the Consultant on
November 13, 2007 and by the LPA on January 10, 2008, and Supplemental Agreement No. 3
executed by the Consultant on May 22, 2010 and by the LPA on June 9, 2010, and Supplemental
Agreement No. 4 executed by the Consultant on March 15, 2011 and by the LPA on April 6,
2011, shall remain in full force and effect.
Project No. STPC-5001(15) - 2 -
Control No. 22202
144th St, West Dodge Rd — Franklin St
Franklin St— Eagle Run Dr
MAPA-5001(19),
Control No. 22202A as evidenced by the Resolution of the LPA dated the 10'
dayof
M(AY , 2011, attached and identified as EXHIBIT "A" and made a part of this
agreement, and
XK0617 S / s
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merican Recovery and Reinvestment Act. The
American Recovery and Reinvestment Act of 2009, Public Law 111-5, appropriates
s, available to employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
IN WITNESS WHEREOF, the parties have caused these presents to be executed by their
proper officials thereunto duly authorized as of the dates below indicated.
After being duly sworn on oath, I do hereby acknowledge the foregoing certification and
state that I am authorized to sign this agreement for the firm.
EXECUTED by the Consultant this day of J et 4 dGCi/` , 2012.
FELSBURG HOLT & ULLEVIG
Kyle A. Anderson, PE PTOE
S% 14 u
ri ipal
STATE OF NEBRASKA )
)ss.
DOUGLAS COUNTY )
Subscribed and sworn to before me this 5 day of J14LU0t1( , 2011-
A GENERAL NOTARY-State of Nebraska /1/04
LA/41-,,a,
MARY K.STRUB
My comm.Exp.July 5,2015
Notary it lic
EXECUTED by the LPA this , p/day of ‘.7---Gzeia0_ , 2042,
CITY OF OMAHA
Jim Suttle
Ale
Mayor
O r
Subscribed and sworn to before me this eiltay of c��2tA/ , 201
le <
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Form of Agreement Approved for
Federal Funding Eligibility:
z// / 2
Date
APPROVED AS TO FORM:
Project No. STPC-5001(15) - 3 - ,�C ��y f/
Control No. 22202 :/X --
144th St, West Dodge Rd— Franklin St DEPUTY CITY ATTORNEY
Franklin St— Eagle Run Dr XKOo 175
eement and, except as specifically amended by this supplemental agreement, all
terms and conditions of the Original Agreement, XK0617, on Project No. STPC-5001(15),
executed by the Consultant on May 23, 2006 and executed by the LPA on June 16, 2006, and
Supplemental Agreement No. 1 executed by the Consultant on October 13, 2006 and by the LPA
on December 7, 2006, and Supplemental Agreement No. 2 executed by the Consultant on
November 13, 2007 and by the LPA on January 10, 2008, and Supplemental Agreement No. 3
executed by the Consultant on May 22, 2010 and by the LPA on June 9, 2010, and Supplemental
Agreement No. 4 executed by the Consultant on March 15, 2011 and by the LPA on April 6,
2011, shall remain in full force and effect.
Project No. STPC-5001(15) - 2 -
Control No. 22202
144th St, West Dodge Rd — Franklin St
Franklin St— Eagle Run Dr
MAPA-5001(19),
Control No. 22202A as evidenced by the Resolution of the LPA dated the 10'
dayof
M(AY , 2011, attached and identified as EXHIBIT "A" and made a part of this
agreement, and
XK0617 S / s
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merican Recovery and Reinvestment Act. The
American Recovery and Reinvestment Act of 2009, Public Law 111-5, appropriates
s, available to employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
EXHIBIT "A"
DESCRIPTION OF PROJECT AND SCOPE OF SERVICES
FOR SUPPLEMENTAL#5
FEDERAL AID PROJECT MAPA-5001(19), STATE CONTROL No. 22202A
CITY OF OMAHA PROJECT SP 2000-14A
FINAL DESIGN OF IMPROVEMENTS FOR
144T x STREET,FRANKLIN STREET TO EAGLE RUN DRIVE &
BLONDO STREET,ELDORADO DRIVE TO 135" STREET
DESCRIPTION OF TASKS AND ASSUMPTIONS
This supplement is to address the request by the City of Omaha to break the Project into two (2)
separate bid packages. The original contract included preparing one set of bid documents. This
supplement is to prepare one additional plan set. A break down for each task is as follows:
DESCRIPTION OF TASKS
1.1 Project Management
This task includes activities to initiate and monitor project schedules, workload assignments and
internal cost controls throughout this phase of the project. Also included are efforts to prepare
and process invoices and monthly progress reports; and prepare project correspondence with the
City of Omaha. Hours are estimated using 6%of the project hours.
1.2 Project Meetings
It is expected that additional project meetings will be required to break the project into two
separate projects. These meetings can be either progress meetings or review meetings. We are
estimating two (2) additional meetings at the City and two(2) additional meetings at NDOR.
2. Breakout Plan Sheets for Separate Construction Packages.
Breaking out the project into two (2) construction packages takes careful planning and design.
Selecting the proper location to split the project and developing a plan to make sure the phasing
of the two projects will work. The following represents the effort to make the design changes
and edit the appropriate sheets to reflect those changes:
2.1 Revise the design.
This effort involves reviewing the design plans, both horizontally and vertically and
selecting the best location to split the project. Once the location is selected, the proposed
design needs to be modified to end the first construction package and design transitions
back to the existing pavement. The second construction package then needs to be
modified to begin at the location of the split and phased accordingly.
2.2 Revise the Typical Sections.
Not all typical sections will apply to the different construction packages. The first
construction package will need to be separated from the second and the second separated
from the first. Typicals that apply to both construction packages need to be edited to
make sure their station ranges are shown correct.
2.3 Revise Aerial Photo Sheets.
FHU will revise Aerial Photo Sheets to break them into one additional construction
package.
2.4 Revise ROW Strip Map Sheets.
FHU will revise the ROW Strip Map Sheets to break them into one additional
construction package. This effort was included on Work Order#3 and approved
with a Notice to Proceed date of 7/14/2011.
2.5 Revise Construction Sequencing Sheets.
Project No. MAPA-5001(l9) Exhibit"A"
144th Street, Franklin Street to Eagle Run Drive & Page 1 of 5
Blondo Street, Eldorado Drive to 135th Street
Base Agreement
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Q•O .00CwCI) ?: r > ` _ u I— DTo o C o C o O o °0. 0- n U 2 2 Q Q W Q to ii 2 .i O r
J
merican Recovery and Reinvestment Act. The
American Recovery and Reinvestment Act of 2009, Public Law 111-5, appropriates
s, available to employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
FHU will revise the Construction Sequencing Sheets to break them into one additional
construction packages. The City has also asked FHU to design the Construction
Barricading, Signing and Striping for the breakout set, a task previously completed by the
City.
2.6 'Revise Removal Sheets.
FHU will revise the Removal Sheets to break them into one additional construction
package.
2.7 Revise Construction Sheets.
FHU will revise the Construction Sheets to break them into one additional construction
package.
2.8 Revise Drainage Sheets.
FHU will revise the Drainage Sheets to break them into one additional construction
package.
2.9 Revise Pipe Profile Sheets.
FHU will revise the Pipe Profile Sheets to break them into one additional construction
package.
2.10 Revise Joints, Grades,Interconnect Sheets.
FHU will revise the Joint, Grades, and Interconnect Sheets to break them into one
additional construction package.
2.11 Revise Signing and Striping Sheets.
FHU will revise the Signing and Striping Sheets to break them into one additional
construction package.
2.12 Revise Traffic Signal Sheets.
FHU will revise the Traffic Signal Sheets to break them into one additional construction
package.
2.13 Revise Wall Profile Sheets.
FHU will revise the Wall Profile Sheets to break them into one additional construction
package.
2.14 Revise Cross Section Sheets.
FHU will revise the Cross Section Sheets to break them into one additional construction
package. In addition to defining new beginning station, and plot onto sheets with the new
Title Block information, the Consultant will revise the existing ground to reflect what
was constructed in the first bid package. In addition,the Consultant will make changes to
the cross sections between Eldorado Drive and Nelson's Creek Drive on Blondo Street as
requested by the City.
2.15 Prepare Special Provisions.
FHU will prepare a second set of special provisions, including many of the City's
standard provisions as special provisions. Several special provisions included with the
first construction package will need to be removed for the second. And several additional
special provisions will need to added to the second construction package that weren't
needed in the first. In other words,we can't simply reuse the special provisions from the
first construction package.
2.16 Compute Quantities and Prepare Sheets per NDOR Format.
FHU will compute the Quantities for one additional construction package. FHU will use
NDOR's standard quantity sheets and follow NDOR's guidelines for computing
quantities. All of the final quantity sheets will be back checked against the final plan
quantities prior to submittal.
2.17 Revise Landscaping Sheets.
Project No. MAPA-5001(19) - Exhibit"A"
144th Street, Franklin Street to Eagle Run Drive & Page 2 of 5
Blondo Street, Eldorado Drive to 135th Street
Base Agreement
o. MAPA-5001(l9) Exhibit"A"
144th Street, Franklin Street to Eagle Run Drive & Page 1 of 5
Blondo Street, Eldorado Drive to 135th Street
Base Agreement
O
°2 to O .2 E T.G d '`a3v, U
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y u m cG m uQ X` aLL
Q•O .00CwCI) ?: r > ` _ u I— DTo o C o C o O o °0. 0- n U 2 2 Q Q W Q to ii 2 .i O r
J
merican Recovery and Reinvestment Act. The
American Recovery and Reinvestment Act of 2009, Public Law 111-5, appropriates
s, available to employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
•
•
The Landscape Architect(BCDM) will revise the Landscape Sheets to break them into
one additional construction Package.
2.18 Revise SWPP Sheets.
FHU will revise the SWPP Sheets to break them into one additional construction
package. In addition, the SWPP sheets will be prepared following the most current
version of the City of Omaha's"Storm Water Pollution Prevention Plan Site Map
Preparation Guide" currently dated 09/07/2011.
3. Quality Assurance/Quality Control (QA/QC)
F.HU will perform independent reviews of plans, specs, and quantities prior to submittals.
QA/QC hours are developed based on number of submittals. Because we are adding an
additional construction package, additional QA/QC is required.
4. Urban Design Review Board (UDRB)
FHU and their landscaping subconsultant(BCDM) will prepare a special plan set to submit to
the UDRB for approval for the second construction package. The package will consist of a
project description, a location map, typical sections, project schedule and construction phasing,
landscape approach for 144th Street, landscape approach for Blondo Street, example lighting
fixtures, signal truss alternatives, retaining walls, and noise walls, as well as a plan view layout
of the landscaping/planting elements. This effort will also include three additional meetings, not
included elsewhere in this document. The first meeting will be with the City of Omaha Planning
committee to discuss the submittal to the board. The second meeting will be with the City of
Omaha Public Works department to review the planned submittal to the board prior to the actual
submittal. And the third and final meeting will be to present the project to the UDRB.
5. Bid Package Preparation
5.1 Bid Package Preparation.
The actual process of pulling together the final bid package for submittal, including all of
printing, plotting and assembling the bid package.
5.2 Prepare and Submit Permits.
This task is to prepare and submit permits necessary to construct the project and required
for PS&E submittal. They include the SWPPP,NPDES, and Post Construction,
Stormwater permits. An individual 404 permit will also be required for this project and is
covered in Task 6.
5.3 Prepare the Green Sheets.
This task is to prepare and submit the Green Sheets necessary to construct the project and
required for PS&E submittal.
5.4 Prepare the Status of Utilities.
This task is to prepare and submit the Status of Utilities document as required for PS&E
submittal.
5.5 Address Comments from the City/County.
The bid package will be submitted to the City and County for review prior to formal
submittal to NDOR. The task is to address any comments they have.
5.6 Address Comments from NDOR's Local Projects Division.
The bid package will be submitted to NDOR's Local Projects Division for review prior to
formal submittal to NDOR's PS&E. The task is to address comments they have and to
resubmit the bid package.
5.7 Address NDOR's PS&E's Comments.
This task is to address PS&E's comments and resubmit the plans for bidding.
6. USACE Individual Permit
Project No. MAPA-5001(19) Exhibit"A"
144th Street, Franklin Street to Eagle Run Drive& Page 3 of 5
Blondo Street, Eldorado Drive to 135th Street
Base Agreement
CI) ?: r > ` _ u I— DTo o C o C o O o °0. 0- n U 2 2 Q Q W Q to ii 2 .i O r
J
merican Recovery and Reinvestment Act. The
American Recovery and Reinvestment Act of 2009, Public Law 111-5, appropriates
s, available to employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
At the request of the US Army Corps of Engineers (USAGE) a Section 404 Individual Permit
application will need to be prepared and submitted to USACE for approval. In an email received
from Len Sand dated April 23, 2007,NDOR stated that the NEPA/404 Merge Process would not
need to be followed on this project. After review of the Preliminary Draft Environmental
Assessment, the USAGE identified several drainage ways within the project limits as potential
Waters of the U.S. (WUS) and stated that an individual permit would likely be required for this
project. A 404(b)(1)Alternatives Analysis was completed in a manner acceptable to the USACE
and was included in the Environmental Assessment which was approved by Federal Highway
Administration (FHWA) on March 9, 2011. Task 6 was included on Work Order#3 and
approved with a Notice to Proceed date of 7/14/2011. The following detailed tasks are
included for information only.
6.1 Meetings
It is anticipated that the following additional meetings will be necessary to get
approval of the 404 Permit:
•
6.1.1 Two (2) additional meetings with the City of Omaha Public Works
Department. The first meeting is to review the permit and agree upon
mitigation measures offered in the permit. After receiving comments from
the USAGE, we will meet to best determine how to address them.
•
6.1.2 One (1) additional meeting with NDOR to discuss strategy in the event
the USAGE does not respond favorably to the initial Section 404 Permit
application.
6.1.3 One (1) additional meeting with the USACE to go over review comments
to gain consensus on a mitigation solution that is acceptable to all parties.
6.2 Prepare the Section 404 Permit Application
6.2.1 Determine Purpose and Need—Use information developed for EA and
404(b)(1) analysis.
6.2.2 Prepare Alternatives Analysis—Use information developed for EA and
404(b)(1) analysis.
6.2.3 Summarize On-site Wetlands—Use information developed for EA and
404(b)(1) analysis.
6.2.4 Research and Propose Mitigation Plan—FHU will research possible
mitigation measures. These will be presented to the City to determine
which mitigation measures the City might be willing to commit to. Once
agreed upon,the proposed mitigation measures will be included with the
Section 404 Permit Application. This does not include any design efforts
for the mitigation plan. If design is needed, an additional work order will
be prepared to cover this task.
6.2.5 Prepare Exhibits for Application—FHU will prepare a vicinity map,
location map, and Waters of the US map to attach to the Section 404
Permit Application. In addition, plan sheets will be include with the
impacted sites labeled.
6.3 Section 404 Permit Application Submittals
•
6.3.1 Submit Draft Section 404 Permit Application—FHU will prepare the
letter to accompany the Section 404 Permit Application and submit to the
• USACE.
6.3.2 Address Agency and Public Comments—FHU will address agency and
• public comments. It is assumed that any comments will be minor in
nature and not require significant rework.
Project No. MAPA-5001(19) Exhibit"A"
144th Street, Franklin Street to Eagle Run Drive& Page 4 of 5
Blondo Street, Eldorado Drive to 135th Street
Base Agreement
.i O r
J
merican Recovery and Reinvestment Act. The
American Recovery and Reinvestment Act of 2009, Public Law 111-5, appropriates
s, available to employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
6.3.3 Submit Final Section 404 Permit Application—Upon completion of
addressing the comments, FHU will assemble and submit the final Section
404 Permit Application.
•
•
Project No. MAPA-5001(19) Exhibit"A"
144th Street, Franklin Street to Eagle Run Drive& Page 5 of 5
Blondo Street, Eldorado Drive to 135th Street
Base Agreement
,338.56
PROJECT ADMINISTRATOR 32 $28.96 $926.72
Total Labor 1194 $54,761.14
Overhead 147.90% $80,991.73
Fixed Fee 12.00% $16,290.34
SUBTOTAL $152,043.21
DIRECT COSTS:
CATEGORY UNITS UNIT COST COST
Subconsultants:
BVH $15,020.92
Total Direct Costs $15,020.92
TOTAL ESTIMATED FEE $167,064.13
INTB
e steam boiler.
2011\30142dIm
.
•
- . SUPPLEMENT AGREEMENT #5
Consultant's Estimate of Hours
Project Name: 144th Street,West Dodge Road to Eagle Run Drive
Project Number: MAPA-5001(19)
Control222
2A
City Number: City of
Location(City,County): City of Omaha and Douglas CountyPI Firm Name: Felsburg Holt&Ullevig FELSBURG
Consultant Project Manager: Kyle Anderson (glA
0 LT &
Phone/Email: 402.445.4405/kyle.anderson@fhueng.com U L L E V 1 G
LPA Responsible Charge: Jon Meyer
Phone/Email: 402.444.4191/jmeyer@ci.omaha.ne.us
NDOR Project Coordinator: Barney Helton
Phone/Email: (402)479-3607/barney.helton@nebraska.gov
Date: October 11,2011
TASKS PERSONNEL CLASSIFICATIONS"PR SENV ENV SENGI ENG ISDES DES I ADM i Total
1.1 Project Management 36 36
1.2 Project Meetings(2 w/City plus 2 wINDOR) 12 16 16 44
2. Breakout Plan Sheets for Separate Construction Pachages
2.1 Revise the design 8 16 24
2.2 Revise the Typical Sections 1 2 3
2.3 Revise the Aerial Photo Sheets 2 4 6
2.4 Revise ROW Strip Map(Included on WO#3)
2.5 Revise Construction Secquencing Sheets 8 20 28
2.6 Revise Removal Sheets 2 8 _ 10
2.7 Revise Construction Sheets 2 8 10
2.8 Revise Drainage Sheets 2 8 10
2.9 Revise Pipe Profile Sheets 2 8 10
2.10 Revise Joints,Grades,Interconnect Sheets 2 8 10
2.11 Revise Signing and Striping Sheets 2 4 6
2.12 Revise Traffic Signal Sheets 2 4 6
2.13 Revise Wall Profile Sheets 4 4 8
2.14 Revise Cross Section Sheets 8 16 24
2.15 Prepare Special Provisions 40 40
2.16 Prepare Quantity Sheets per NDOR Format 8 24 16 - 48
2.18 Revise SWPP Sheets 8 16 24
3. Quality Assurance/Quality control(QA/QC) 8 16• 16 40
4. Urban Design Review Board 24 24 8 56
5. Bid Package Preparation
5.1 Bid Package Preparation 24 24 48
5.2 Prepare and Submit Permits 16 8 8 - 32
5.3 Prepare the Green Sheets 8 16 4 28
5.4 Prepare the Status of Utilities 8 8
5.5 Address Comments from the City/County 8 8 16
5.6 Address Comments from NDOR's Local Projects Division 16 24 40
5.7 Address NDOR's PS&E's Comments 16 16 16 48
6. USAGE Individual Permit (Included on WO#3)
Total Hours 80 8 32 241 56 246 . 663
Total Days(8 hrs) 10.0 1.0 4.0 30.1 7.0 30.8 82.9
CLASSIFICATIONS':
PR = Principal SENG = Senior Engineer UD1 = User Defined 1
SENV = Senior Environmental Scientist ENG = Engineer UD2 = User Defined 2
ENV = Environmental Scientist SDES = Senior DesignerfTechnician UD3 = User Defined 3
ADM = Administrative DES = Designer/Technician
For Project Manager,use one of the technical classifications
""For User-Defined Classifications,you will need to edit the Classifications Legend located above. To enter a new classification,replace"UD1"with its
abbreviation(ex.GRA)and replace"User Defined 1"with the corresponding title(ex.Graphic Artist).Once the user-definitions are added,they will self-populate
the Estimate of Hours table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
. • ,
•
SUPPLEMENT AGREEMENT #5
Labor Rates
Project Name: 144th Street,West Dodge Road to Eagle Run Drive
Project Number: MAPA-5001(19)
Control Number: 22202A
Location(City,County): City of Omaha and Douglas County
Firm Name: Felsburg Holt&Ullevig
Consultant Project Manager: Kyle Anderson Pill FELSBURG
Phone/Email: 402.445.4405/kyle.anderson@fhueng.com (NI
H 0 L T
LPA Responsible Charge: Jon Meyer U I,L F V I G
Phone/Email: 402.444.4191/jmeyer@ci.omaha.ne.us
NDOR Project Coordinator: Barney Helton
Phone/Email: (402)479-3607/bamey.helton@nebraska.gov
• Date: October 11,2011
•
Labor Costs: Hours Blended Rate Amount
Code Classification Title
PR Principal 80 $64.90 $5,192.00
SENV Senior Environmental Scientist 8 $49.52 $396.16
ENV Environmental Scientist 32 $25.24 $807.68
SENG Senior Engineer 241 $54.33 $13,093.53
ENG Engineer 56 $27.94 $1,564.64
SDES Senior Designer/Technician 246 $36.25 $8.917.50
DES Designer/Technician
ADM Administrative $28.75
TOTALS 663 $29,971.51
CLASSIFICATIONS":
PR = Principal SENG = Senior Engineer UD1 =User Defined 1
SENV = Senior Environmental Scientist ENG = Engineer UD2 =User Defined 2
ENV '= Environmental Scientist SDES = Senior Designer/Technician UD3 =User Defined 3
ADM = Administrative DES = Designer/Technician
tulenaea Kates worksneet
EMPLOYEE NAME CLASSIFICATION' SALARY RATE %ASSIGNED2
Principal
Kyle Anderson Principal $64.90 100.0%
Blended Rate: ' $64.90
Senior Environmental Scientist
Amy Zlotsky Sr.Env.Scientist $49.52 100.0%
Blended Rate: I $49.52
Environmental Scientist
Allison Sambol Env.Scientist 2 $25.96 50.0%
Jenni Tews Env.Scientist 2 $24.52 50.0%
•
Blended Rate: I $25.24
Senior Engineer
Matt McFadden Associate $54.33 100.0%
Blended Rate: $54.33
Engineer
Josh Palik Engineer 2 $28.85 50.0%
Mark Meisinger Engineer 3 $32.93 20.0%
Adam Denney Engineer 1 $23.08 30.0%
Blended Rate: $27.94
Senior Designer/Technician
Brian Moffatt Sr.Designer $36.25 100.0%
Blended Rate: I $36.25
Designer/Technician
Blended Rate:
Administrative
Stephanie Weiss Administrative $28.75 100.0%
Blended Rate: I $28.75
• Blended Rate:
Blended Rate: 1
Blended Rate:
'Input actual employee classification as designated by firm.
2 Total of"%Assigned"must equal 100%for each personnel classification category.If one person in classification,list them as 100%for"%
Assigned".
Consultant ICE for Supplemental Agreement#5-
Labor Rates Page 2 of 5
Exhibit "A"
ew classification,replace"UD1"with its
abbreviation(ex.GRA)and replace"User Defined 1"with the corresponding title(ex.Graphic Artist).Once the user-definitions are added,they will self-populate
the Estimate of Hours table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
SUPPLEMENT AGREEMENT #5
Labor .Cost by Task
Project Name: 144th Street,West Dodge Road to Eagle Run Drive
Project Number: MAPA-5001(19)
11111
FELSBURG
Control Number: 22202A
Location(City,County): City of Omaha and Douglas County
Firm Name: Felsburg Holt&Ullevig H 0 L T &
Consultant Project Manager: Kyle Anderson U L L E V I G
Phone/Email: 402.445.4405/kyle.anderson@fhueng.com
LPA Responsible Charge: Jon Meyer
Phone/Email: 402.444.4191/jmeyer@ci.omaha.ne.us
NDOR Project Coordinator: Barney Helton
Phone/Email: (402)479-3607/barney.helton@nebraska.gov
Date: October 11,2011
Direct Labor Overhead Fixed Fee Total
Tasks Total Hours Cost 155.48% 12% Project Cost
1.1 Project Management 36 $2,336.40 $3,632.63 $716.28 $6,685.31
1.2 Project Meetings(2 w/City plus 2 w/NDOR) 44 $2,095.12 $3,257.49 $642.31 $5,994.92
2. Breakout Plan Sheets for Separate Construction Pachages 267 $11,305.39 $17,577.62 $3,465.96 $32,348.97
3. Quality Assurance/Quality control(QA/QC) 40 $1,968.48 $3,060.59 $603.49 $5,632.56
4. Urban Design Review Board 56 $3,151.52 $4,899.98 $966.18 $9,017.68
5. Bid Package Preparation 220 $9,114.60 $14,171.38 $2,794.32 $26,080.30
•
Direct Expenses $17,240.24
TOTAL I 663 I $29,971.51 I $46,599.69 I $9,188.54 I $102,999.98
•
Consultant ICE for Supplemental Agreement#5
Labor Cost by Task Page 3 of 5
Exhibit "A"
tulenaea Kates worksneet
EMPLOYEE NAME CLASSIFICATION' SALARY RATE %ASSIGNED2
Principal
Kyle Anderson Principal $64.90 100.0%
Blended Rate: ' $64.90
Senior Environmental Scientist
Amy Zlotsky Sr.Env.Scientist $49.52 100.0%
Blended Rate: I $49.52
Environmental Scientist
Allison Sambol Env.Scientist 2 $25.96 50.0%
Jenni Tews Env.Scientist 2 $24.52 50.0%
•
Blended Rate: I $25.24
Senior Engineer
Matt McFadden Associate $54.33 100.0%
Blended Rate: $54.33
Engineer
Josh Palik Engineer 2 $28.85 50.0%
Mark Meisinger Engineer 3 $32.93 20.0%
Adam Denney Engineer 1 $23.08 30.0%
Blended Rate: $27.94
Senior Designer/Technician
Brian Moffatt Sr.Designer $36.25 100.0%
Blended Rate: I $36.25
Designer/Technician
Blended Rate:
Administrative
Stephanie Weiss Administrative $28.75 100.0%
Blended Rate: I $28.75
• Blended Rate:
Blended Rate: 1
Blended Rate:
'Input actual employee classification as designated by firm.
2 Total of"%Assigned"must equal 100%for each personnel classification category.If one person in classification,list them as 100%for"%
Assigned".
Consultant ICE for Supplemental Agreement#5-
Labor Rates Page 2 of 5
Exhibit "A"
ew classification,replace"UD1"with its
abbreviation(ex.GRA)and replace"User Defined 1"with the corresponding title(ex.Graphic Artist).Once the user-definitions are added,they will self-populate
the Estimate of Hours table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
SUPPLEMENT AGREEMENT #5
Direct Expenses
•
Project Name: 144th Street,West Dodge Road to Eagle Run Drive
Project Number: MAPA-5001(19) •
Control Number: 22202A
Location(City,County): City of Omaha and Douglas County ct�
Firm Name: Felsburg Holt&Ullevig FEI�SBU RG
Consultant Project Manager: Kyle Anderson H 'O L T &.
Phone/Email: 402.445.4405/kyle.anderson@fhueng.com U L L E V I G
•
LPA Responsible Charge: Jon Meyer •
Phone/Email: 402.444.4191/jmeyer@ci.omaha.ne.us
NDOR Project Coordinator: Barney Helton
Phone/Email: (402)479-3607/barney.helton@nebraska.gov
Date: October 11,2011
Subconsultants: Quantity Unit Cost Amount
BCDM Architects 1 12913 $12,913.00
•
$12,913.00
Printing and Reproduction: Quantity Unit Cost Amount
B&W Copies 5000 0.08 $400.00
Color Copies 1000 0.19 $190.00
Plotting-400 half size plan sheets plotted 10 times @$0.08/sheet 4,000 0.08 $320.00
Plotting-400 full size plan sheets plotted 6 times @$1.25/sheet 2400 1.25 $3,000.00
Subtotal $3,910.00
Mileage/Travel: Quantity Unit Cost Amount
3 Trip to City of Omaha Public Works Office(36 miles rnd trip) 108 0.56 $60.48
2 Trips to NDOR(120 miles md trip) 240 0.56 $134.40
Subtotal $194.88
Lodging/Meals: Quantity Unit Cost Amount
none
Subtotal
Other Miscellaneous Costs: Quantity Unit Cost Amount
Misc.postage,fax,etc.. 1 222.36 _ $222.36
Subtotal $222.36
TOTAL DIRECT EXPENSES $17,240.24
2010 Standard Rates
Type Rate
Company Automobile Prevailing standard rate as established by the IRS,currently$0.50/mi
Survey Vehicle Prevailing standard rate as established by the IRS,currently$0.525/mi
Black and White Copies Actual reasonable cost
Color Copies Actual reasonable cost
Miscellaneous Postage,Mailing,Deliveries Etc. Actual reasonable cost
Equipment Actual reasonable cost
Privately Owned Vehicle Actual reimbursement amount to employee,not to exceed rates for company vehicles outlined above
Autmobile Rental Actual reasonable cost
Air fare Actual reasonable cost,giving the State all discounts
Lodging Actual cost,(excluding taxes&fees),not to exceed federal GSA reimbursement guidelines,
not to exceed$70 per person daily statewide:not to exceed$101 in Omaha/Douglas County.
Meals Actual cost,not to exceed federal GSA reimbursement guidelines,currently:
Statewide Omaha/Douglas County
Breakfast $7.00 $10.00
Lunch $11.00 $15.00
Dinner $23.00 $31.00
Totals $41.00 $56.00
•
Consultant ICE for Supplemental Agreement#5
Direct Expenses Page 4 of 5
Exhibit "A"
tal of"%Assigned"must equal 100%for each personnel classification category.If one person in classification,list them as 100%for"%
Assigned".
Consultant ICE for Supplemental Agreement#5-
Labor Rates Page 2 of 5
Exhibit "A"
ew classification,replace"UD1"with its
abbreviation(ex.GRA)and replace"User Defined 1"with the corresponding title(ex.Graphic Artist).Once the user-definitions are added,they will self-populate
the Estimate of Hours table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
•
SUPPLEMENT AGREEMENT #5
Project Cost
Project Name: 144th Street,West Dodge Road to Eagle Run Drive
Project Number: MAPA-5001(19)
Control Number: 22202A
1111
Location(City,County): City of Omaha and Douglas County
Firm Name: Felsburg Holt&Ullevig ' FELSBURG
Consultant Project Manager: Kyle Anderson H 0 LT &.
Phone/Email: 402.445.4405/kyle.anderson@fhueng.com U L L E V 1 G
LPA Responsible Charge: Jon Meyer
Phone/Email: 402.444.4191/jmeyer@ci.omaha.ne.us
NDOR Project Coordinator: Barney Helton
Phone/Email: (402)479-3607/bamey.helton@nebraska.gov
Date: October 11,2011
Direct Labor Costs: Hours Rate Amount
Personnel Classification
Principal 80 $64.90 $5,192.00
Senior Environmental Scientist 8 $49.52 $396.16
• Environmental Scientist 32 $25.24 $807.68
Senior Engineer 241 $54.33 $13,093.53
Engineer 56 $27.94 $1,564.64
Senior Designer/Technician 246 $36.25 $8,917.50
Designer/Technician
Administrative $28.75
TOTALS 663 $29,971.51
Direct Expenses: Amount
Subconsultants $12,913.00
Printing and Reproduction Costs $3,910.00
Mileage/Travel $194.88
Lodging/Meals
Other Miscellaneous Costs $222.36
TOTALS $17,240.24
Total Project Costs: Amount
Direct Labor Costs $29,971.51
Overhead @ 155.480% $46,599.70
Total Labor Costs $76,571.21
Fixed Fee @ 12.00% $9,188.55
Direct Expenses $17,240.24
PROJECT COST WITHOUT WORK ORDER#3 $103,000.00
SUMMARY OF SUPPLEMENTAL AGREEMENT#5 INCLUDING WORK ORDER#3
•
Work Order#3 Total
Prepare 404 Permit Summary From Supplemental
&Complete ROW Strip Map Above Agreement#5
Direct Salary Cost $3,591.50 $29,971.51 $33,563.01
Overhead $5,584.06 $46,599.70 $52,183.76
Direct Non-Salary Cost $223.37 $17,240.24 $17,463.61
Fixed Fee 12% $1,101.07 $9,188.55 $10,289.62
Total Project Costs j $10,500.00 1 $103,000.00 I. $113,500.00
Consultant ICE for Supplemental Agreement#5
Project Cost Page 5 of 5
Exhibit "A"
ederal GSA reimbursement guidelines,currently:
Statewide Omaha/Douglas County
Breakfast $7.00 $10.00
Lunch $11.00 $15.00
Dinner $23.00 $31.00
Totals $41.00 $56.00
•
Consultant ICE for Supplemental Agreement#5
Direct Expenses Page 4 of 5
Exhibit "A"
tal of"%Assigned"must equal 100%for each personnel classification category.If one person in classification,list them as 100%for"%
Assigned".
Consultant ICE for Supplemental Agreement#5-
Labor Rates Page 2 of 5
Exhibit "A"
ew classification,replace"UD1"with its
abbreviation(ex.GRA)and replace"User Defined 1"with the corresponding title(ex.Graphic Artist).Once the user-definitions are added,they will self-populate
the Estimate of Hours table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
bcdm.
Fee Proposal for Professional Architectural Services-Supplemental Agreement#5
144th Street, Franklin Street to Eagle Run Dirve&Blondo Street, Eldorado Drive to 135th Street
Omaha,Nebraska BCDM#4347-01 Page 1 of 1
Scope of Services to be Completed: •
1.2 Project Meetings $ 1,359.00
Principal 6 Hours x $180 /Hour = $1,080
Intern Architect III 3 Hours x $ 93 /Hour = $ 279
2.1 Revise the Design $ 1,104.00
Principal 2 Hours x $180 /Hour = $ 360
Intern Architect III 8 Hours x $ 93 /Hour = $ 744
2.15 Prepare Special Provisions $ 546
Principal • 2 Hours x $180 /Hour = $ 360
Intern Architect Lll 2 Hours x $ 93 /Hour = $ 186
2.16 Prepare Quantity Sheets per NDOR Format $ 918
Principal 2 Hours x $180 /Hour = $ 360
Intern Architect III 6 Hours x $ 93 /Hour = $ 558
2.17 Revise Landscaping Sheets $ 2,196
Principal 6 Hours x $180 /Hour = $1,080
Intern Architect III 12 Hours x $ 93 /Hour = $1,116
4.0 Urban Design Review Board(UDRB) $ 3,300
Principal 8 Hours x $180 /Hour = $1,440
Intern Architect III 20 Hours x $ 93 /Hour = $1,860
5.1 Bid Package Preparation $ 732
Principal 2 Hours x $180 /Hour = $ 360
Intern Architect III 4 Hours x $ 93 /Hour = $ 372
5.5 Address Comments from the City/County $ 918
Principal 2 Hours x $180 /Hour = $ 360
Intern Architect III 6 Hours x $ 93 /Hour = $ 558
5.6 Address Comments from NDOR's Local Projects Division $ 732
Principal 2 Hours x $180 /Hour = $ 360
Intern Architect III 4 Hours x $ 93 /Hour = $ 372
5.7 Address NDOR's PS&E's Comments. $ 732
Principal 2 Hours x $180 /Hour = $ 360
Intern Architect III 4 Hours x $ 93 /Hour = $ 372
Sub-Total: $ 12,537
Expenses:
Misc.Expenses 3% (Mileage/long distance/postage,printing,etc.) $ 376
Total: $ 12,913
TOTAL FEE NOT TO EXCEED: $ 12,913.00
1015 North 98th Street, Suite 300 • Omaha, NE 68 1 1 4-2334 • 402.391.2211 • Fax 402.391.8721 • www.bcdm.net
- _--�� A
. Exhibit.
"A"
$1,101.07 $9,188.55 $10,289.62
Total Project Costs j $10,500.00 1 $103,000.00 I. $113,500.00
Consultant ICE for Supplemental Agreement#5
Project Cost Page 5 of 5
Exhibit "A"
ederal GSA reimbursement guidelines,currently:
Statewide Omaha/Douglas County
Breakfast $7.00 $10.00
Lunch $11.00 $15.00
Dinner $23.00 $31.00
Totals $41.00 $56.00
•
Consultant ICE for Supplemental Agreement#5
Direct Expenses Page 4 of 5
Exhibit "A"
tal of"%Assigned"must equal 100%for each personnel classification category.If one person in classification,list them as 100%for"%
Assigned".
Consultant ICE for Supplemental Agreement#5-
Labor Rates Page 2 of 5
Exhibit "A"
ew classification,replace"UD1"with its
abbreviation(ex.GRA)and replace"User Defined 1"with the corresponding title(ex.Graphic Artist).Once the user-definitions are added,they will self-populate
the Estimate of Hours table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
•
•
•
•
Consultant Work Order
- .
(Local Proms{)
-
PrEg ems_
*rt4
STPetir~"tt1lE) 72 d
riAr a grid Pu css ii**3 Agra rna ti to, WY*r Get' ltk•i!*,r-?P to.V.,i vwj
•FOISbufg Hoff y'I'y t�4rdis tn,l�.F ,:1ly myl-ire
ryaar r rh ,oi Mayt'
r ptv'dc agree the folleVAng doSteibOd rid fit:lo rr t be pasrfanned try i t owst-freni es peta,of the caf@riiirii
p'I'?C"(1, ;(11i ,paiff} CCirl lir and h[t °t y givo IN*7e, 10 prooddli bes edi en :Iht :IY Itrsrt 1r q liii ciwir:a Nzri kik rnOdify
Gortir'SCi,nonen of nerobec.dn'Gateratlf ,,c c4ia.ule,ends finfimaiod total,'`fie..All opt!'i rails of a'sihg gig000nloots
bon-wino the prritr*s are MB n effect,tI i ndnrstnod t ry nII tirleE,y!VIM'ele ra orc desottood itrtrek iu 1tiracoc-i ail
al,0:'11111trrn ssipPlesrm't*ev 1:1w9 agieernonf krcliar above,
rmtit ! !Sryitrir*T-ti# irt:•IDSaP a rvecrores,-Ilkommo-ro,,araiabiaAg
The purpose Of ttitis melt Orilar In 10 gr gore a,404 Pc'r,irif aii s't;rCr+nii 110.end gnin DrIPtelfil teD111 theUS ,A,rY7Try
Cups of Enfcrirrri,tira; adr ifon,•ti ROW :StrEp 11,4141 rsi?errari to lad broken Otd for a :_ice
corivlriJOti on package so Ilkt ROvi prnonts ono begft es scan,ns oosetile., See nitnoPted Sava of Wont rt,for
edditiolnal+vesi
4 tk T1ita end 1r6tal! Mem Tail rdr+r v+ Fr itrs suinot nfy,nrlF
• A. Total Minot r.tibo !lost Ja` 91i 5'0
USAGE Aternalivrtm. .Analyst,3 And nopoft
`),.NW/nix) ,c.j 1 n1 d
4 ttaFi rt.1r. C F tfirtitiliial5 z -
t `'.'` ,
'M. 't
Natal is erg Offs res, ciifimr-1-:*t;arate.4 Idles VFW os'TAW 1101*1 "T+[1rAL FEE; C+D*�ra'ia W Boor E;n7r0
F5i3.fi D Work Did Ia tt,^ **tom.t+iri1 v.¢ s
c;�rk si rr rfr'earlirari anct NnerFatEtt i;a rMilti3t fin rt tin r•tg EaV EST MATED TOTAL 1I•'t'e.
:v1'0-emit% h.' tromptv.?,'Aceilt O dt`•r Poi, 5 iFsfitfn. , Once tit
-
0-3rK t .'Imes i+F#ar-0.,nrtre_ir itzt aiirKiir ose h Iriafi:i fed Om ,
ate-1 r t rr 4 tbci,rtraint fie t ti•`v isa die ied i FINAL'TOTAL AL l`ile
Wort(Order,A.uthOri tion—a tayr be granted'byemail add attached to this:do timoot.
ialt on
LIRA;
- - �>,; ter, L
Nelti,tt
ilf7{ i �pilsseartraiaao t�� �r �.� . r ywit be Lf✓a �'h
t lea iai Pavor--'' tr.
I
i2F�1ii}vtrflnxsa .Csrt tittot, - - Pop, r"•..t4et'�G;, LAI PI•VpP . ir7 "iP.,Aur nii +', ,,,fr
AVM:215,J9gi1i iiZ
Exhibit "'13j
de Omaha/Douglas County
Breakfast $7.00 $10.00
Lunch $11.00 $15.00
Dinner $23.00 $31.00
Totals $41.00 $56.00
•
Consultant ICE for Supplemental Agreement#5
Direct Expenses Page 4 of 5
Exhibit "A"
tal of"%Assigned"must equal 100%for each personnel classification category.If one person in classification,list them as 100%for"%
Assigned".
Consultant ICE for Supplemental Agreement#5-
Labor Rates Page 2 of 5
Exhibit "A"
ew classification,replace"UD1"with its
abbreviation(ex.GRA)and replace"User Defined 1"with the corresponding title(ex.Graphic Artist).Once the user-definitions are added,they will self-populate
the Estimate of Hours table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
•
•
•
DESCRIPTION OF PROJECT AND SCOPE OF SERVICES •
FOR
WORK ORDER#3
FEDERAL AID PROJECT STPC-5001(15), STATE CONTROL NO. 22202
CITY OF OMAHA PROJECT SP 2000-14
•
• 144TH STREET,WEST DODGE ROAD TO EAGLE RUN DRIVE &
BLONDO STREET, 135TH STREET TO ELDORADO DRIVE
DESCRIPTION OF TASKS AND ASSUMPTIONS
The purpose of this work order is to get the Consultant working on a couple of time sensitive
tasks to keep this project on track for a November 8, 2012 letting. The first task is to prepare a
Section 404 Individual Permit application at the request of the US Army Corps of Engineers
(USACE). In an email received from Len Sand dated April 23, 2007, NDOR stated that the
NEPA/404 Merge Process would not need to be followed on this project. After review of the
Preliminary Draft Environmental Assessment, the USACE identified several drainage ways
within the project limits as potential Waters of the U.S. (WUS) and stated that an individual
permit would likely be required for this project. A 404(b)(1) Alternatives Analysis was
completed in a manner acceptable to the USACE and was included in the Environmental •
Assessment which was approved by Federal Highway Administration (FHWA) on March 9,
2011. The second task is to break out the Right-of-Way (ROW) strip map for the second
construction package to keep the City moving with the ROW process. Because of limited time
to get this project obligated in 2012, and the potential time it may take to get an approved permit
from the USACE and to start the ROW process, we need to start this work immediately. Upon
receiving notice to proceed, work will begin immediately and the permit will be submitted within
2 weeks. Comments will be addressed upon receipt after that 2 week period. The ROW strip
map will also be prepared and submitted within 2 weeks of receiving the Notice to Proceed.
DESCRIPTION OF TASKS
1. Meetings
It is anticipated that the following additional meetings will be necessary to get approval of the
404 Permit:
1.1 Two (2) additional meetings with the City of Omaha Public Works
Department. The first meeting is to review the permit and agree upon mitigation
measures offered in the permit. After receiving comments from the USACE, we
will meet to best determine how to address them.
1.2 One (1) additional meeting with NDOR to discuss strategy in the event the
USACE does not respond favorably to the initial Section 404 Permit application.
1.3 One (1) additional meeting with the USACE to go over review comments to gain
consensus on a mitigation solution that is acceptable to all parties.
2. Prepare the Section 404 Permit Application
2.1 Determine Purpose and Need—Use information developed for EA and
404(b)(I) analysis.
2.2 Prepare Alternatives Analysis—Use information developed for EA and
404(b)(I) analysis.
•
2.3 Summarize On-site Wetlands—Use information developed for EA and
404(b)(1) analysis.
2.4 Research and Propose Mitigation Plan—FHU will research possible mitigation
measures. These will be presented to the City to determine which mitigation
measures the City might be willing to commit to. Once agreed upon, the
Project No. STPC-5001(15) Page 1 of 2
144th Street, West Dodge Rd.to Eagle Run Drive&
Blondo Street, 135`" Street to Eldorado Drive
Work Order#3
Exhibit 1511
urs table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
•
proposed mitigation measures will be included with the Section 404 Permit
Application. This does not include any design efforts for the mitigation plan. If
design is needed, an additional work order will be prepared to cover this task.
2.5 Prepare Exhibits for Application—FHU will prepare a vicinity map, location
map, and Waters of the US map to attach to the Section 404 Permit Application.
In addition, plan sheets will be include with the impacted sites labeled.
3. Section 404 Permit Application Submittals
3.1 Submit Draft Section 404 Permit Application—FHU will prepare the letter to
accompany the Section 404 Permit Application and submit to the USACE.
3.2 Address Agency and Public Comments—FHU will address agency and public
comments. It is assumed that any comments will be minor in nature and not
require significant rework.
3.3 Submit Final Section 404 Permit Application—Upon completion of addressing
the comments,FHU will assemble and submit the final Section 404 Permit
Application.
4. Right-of-Way Strip Map—FHU will break out the ROW Strip Map for the second
construction package. This will enable the City to begin the ROW process.
5. Project Management—This time is used to manage project, schedule, staff, and prepare
invoices. FHU uses 6%of total hours to establish project management.
•
Project No. STPC-5001(15) Page 2 of 2
144th Street, West Dodge Rd. to Eagle Run Drive &
Blondo Street, 135h1 Street to Eldorado Drive
Work Order#3
Exhibit "IV'
to start this work immediately. Upon
receiving notice to proceed, work will begin immediately and the permit will be submitted within
2 weeks. Comments will be addressed upon receipt after that 2 week period. The ROW strip
map will also be prepared and submitted within 2 weeks of receiving the Notice to Proceed.
DESCRIPTION OF TASKS
1. Meetings
It is anticipated that the following additional meetings will be necessary to get approval of the
404 Permit:
1.1 Two (2) additional meetings with the City of Omaha Public Works
Department. The first meeting is to review the permit and agree upon mitigation
measures offered in the permit. After receiving comments from the USACE, we
will meet to best determine how to address them.
1.2 One (1) additional meeting with NDOR to discuss strategy in the event the
USACE does not respond favorably to the initial Section 404 Permit application.
1.3 One (1) additional meeting with the USACE to go over review comments to gain
consensus on a mitigation solution that is acceptable to all parties.
2. Prepare the Section 404 Permit Application
2.1 Determine Purpose and Need—Use information developed for EA and
404(b)(I) analysis.
2.2 Prepare Alternatives Analysis—Use information developed for EA and
404(b)(I) analysis.
•
2.3 Summarize On-site Wetlands—Use information developed for EA and
404(b)(1) analysis.
2.4 Research and Propose Mitigation Plan—FHU will research possible mitigation
measures. These will be presented to the City to determine which mitigation
measures the City might be willing to commit to. Once agreed upon, the
Project No. STPC-5001(15) Page 1 of 2
144th Street, West Dodge Rd.to Eagle Run Drive&
Blondo Street, 135`" Street to Eldorado Drive
Work Order#3
Exhibit 1511
urs table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
4 • _ ' r • 1
•
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WORK ORDER #3
Project Cost
Project Name: 144th Street,West Dodge Road to Eagle Run Drive
Project Number: STPC-5001(15)
Control Number: City 2
Location(City,County): City of Omaha and Douglas County , FF�.S�U��
Firm Name: Felsburg Holt&Ullevig
Consultant Project Manager: Kyle Anderson H 0 L T &.
Phone/Email: 402.445.4405/kyle.anderson@fhueng.com U L L E V I G
LPA Responsible Charge: Jon Meyer
Phone/Email: 402.444.4191/jmeyer@ci.omaha.ne.us
NDOR Project Coordinator: Barney Helton
Phone/Email: (402)479-3607/barney.helton@nebraska.gov
Date: June 27,2011
Direct Labor Costs: Hours Rate Amount
Personnel Classification
Principal 15 $64.90 $973.50
Senior Environmental Scientist 27 $47.60 $1,285.20
Environmental Scientist •
Senior Engineer 20 $52.64 $1,052.80
Engineer
Senior Designer/Technician 8 $35.00 $280.00
Designer/Technician •
Administrative $27.15
TOTALS 70 $3,591.50
•
Direct Expenses: Amount
Subconsultants
Printing and Reproduction Costs $35.00
Mileage/Travel $90.00
• sLodging/Meals
Other Miscellaneous Costs $98.37
TOTALS $223.37
Total Project Costs: Amount
Direct Labor Costs $3,591.50
Overhead @ 155.480% $5,584.06
Total Labor Costs $9,175.56
Fixed Fee @ 12.00% $1,101.07
•
Direct Expenses $223.37
PROJECT COST $10,500.00
•
•
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•
•
•
•
Page 3 of 3
Exhibit 'Ye.
the City of Omaha Public Works
Department. The first meeting is to review the permit and agree upon mitigation
measures offered in the permit. After receiving comments from the USACE, we
will meet to best determine how to address them.
1.2 One (1) additional meeting with NDOR to discuss strategy in the event the
USACE does not respond favorably to the initial Section 404 Permit application.
1.3 One (1) additional meeting with the USACE to go over review comments to gain
consensus on a mitigation solution that is acceptable to all parties.
2. Prepare the Section 404 Permit Application
2.1 Determine Purpose and Need—Use information developed for EA and
404(b)(I) analysis.
2.2 Prepare Alternatives Analysis—Use information developed for EA and
404(b)(I) analysis.
•
2.3 Summarize On-site Wetlands—Use information developed for EA and
404(b)(1) analysis.
2.4 Research and Propose Mitigation Plan—FHU will research possible mitigation
measures. These will be presented to the City to determine which mitigation
measures the City might be willing to commit to. Once agreed upon, the
Project No. STPC-5001(15) Page 1 of 2
144th Street, West Dodge Rd.to Eagle Run Drive&
Blondo Street, 135`" Street to Eldorado Drive
Work Order#3
Exhibit 1511
urs table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
WORK ORDER #3
Consultant's Estimate of Hours
•
Project Name: 144th Street,West Dodge Road to Eagle Run Drive
Project Number: STPC-5001(15)
Control Number: 22City y 2
Location(City,County): of Omaha and Douglas County ��^^ T �
Firm Name: Felsburg Holt&Ullevig t^I'ELSI3V RG
Consultant Project Manager: Kyle Anderson (II H O L T &,
Phone/Email: 402.445.4405/kyle.anderson@fhueng.com U L L E V I G
LPA Responsible Charge: Jon Meyer
Phone/Email: 402.444.4191/jmeyer@ci.omaha.ne.us
NDOR Project Coordinator: Barney Helton
Phone/Email: (402)479-3607/barney.helton@nebraska.gov
Date: June 27,2011
PERSONNEL CLASSIFICATIONS'"
TASKS PR SENV ENV SENGI ENG ISDESI DES l ADM i I I Total
For Omaha Urban Design Review Board:
1. Meetings
1.1 With City of Omaha(2 total) 4 6 4 14
1.2 With NDOR(1 total) 3 2 3 8
1.3 With USAGE(1 total) 2 3 2 7
2. Prepare Section 404 Permit Application
2.1 Determine Purpose and Need 1 1
2.2 Prepare Alternatives Analysis 1 1
2.3 Summarize On-site Wetlands 1 1
2.4 Develop Mitigation Plan 4 4
2.5 Prepare Exhibits 4 4
3. Section 404 Permit Application Submittals
3.1 Submit Draft Section 404 Permit Application 1 2 1 4
3.2 Address Agency and Public Comments 8 4 12
3.3 Submit Final Section 404 Permit Application 1 2 1 4
4. ROW Sheets 2 4 6
5. Project Management(6%) 4 4
Total Hours —_-. ..-_... 15 27 20 8 70
Total Days(8 hrs) 1.9 3.4 2.5 1.0 8.8
CLASSIFICATIONS':
PR = Principal SENG = Senior Engineer UD1 = User Defined 1
SENV = Senior Environmental Scientist ENG = Engineer UD2 = User Defined 2
ENV = Environmental Scientist SDES = Senior Designer/Technician UD3 = User Defined 3
ADM = Administrative DES = Designer/Technician
For Project Manager,use one of the technical classifications
""For User-Defined Classifications,you will need to edit the Classifications Legend located above. To enter a new classification,replace"UD1"with its
abbreviation(ex.GRA)and replace"User Defined 1"with the corresponding title(ex.Graphic Artist).Once the user-definitions are added,they will self-populate
the Estimate of Hours table,as well as the remaining sheets.
•
•
•
•
•
•
•
Page 1 of 3
Exhibit "EP'
etermine Purpose and Need—Use information developed for EA and
404(b)(I) analysis.
2.2 Prepare Alternatives Analysis—Use information developed for EA and
404(b)(I) analysis.
•
2.3 Summarize On-site Wetlands—Use information developed for EA and
404(b)(1) analysis.
2.4 Research and Propose Mitigation Plan—FHU will research possible mitigation
measures. These will be presented to the City to determine which mitigation
measures the City might be willing to commit to. Once agreed upon, the
Project No. STPC-5001(15) Page 1 of 2
144th Street, West Dodge Rd.to Eagle Run Drive&
Blondo Street, 135`" Street to Eldorado Drive
Work Order#3
Exhibit 1511
urs table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
•
•
WORK ORDER #3
Direct Expenses
Project Name: 144th Street,West Dodge Road to Eagle Run Drive
Project Number: STPC-5001(15)
Control Co ):
Location(City,County):
City): City of Omaha and Douglas County
11111
Firm Name: Felsburg Holt&Ullevig • ' FELSBURG
Consultant Project Manager: Kyle Anderson 1- 0 LT t
Phone/Email: 402.445.4405/kyle.anderson@fhueng.com U L L E\J J G
LPA Responsible Charge: Jon Meyer
Phone/Email: 402.444.4191/jmeyer@ci.omaha.ne.us
NDOR Project Coordinator: Barney Helton •
Phone/Email: (402)479-3607/bamey.helton@nebraska.gov
Date: June 27,2011
Subconsultants: Quantity Unit Cost Amount
none
Printing and Reproduction: Quantity Unit Cost Amount
B&W Copies 200 0.08 $16.00
Color Copies 100 0.19 $19.00
Plotting
Subtotal $35.00
Mileage/Travel: Quantity Unit Cost Amount
• 2 Trip to City of Omaha Public Works Office(36 miles and trip) 36 0.5 $16.00
2 Trips to NDOR(120 miles and trip) 120 0.5 $60.00
1 Trip to USACE's Office at Wehrspann Lake(24 miles rnd trip) 24 0.5 $12.00
Subtotal $90.00
Lodging/Meals: Quantity Unit Cost Amount
Subtotal
Other Miscellaneous Costs: Quantity Unit Cost Amount
Misc.postage,fax,etc.. 1 98.37 $98.37
Subtotal $98.37
TOTAL DIRECT EXPENSES $223.37
•
2010 Standard Rates
Type Rate
Company Automobile Prevailing standard rate as established by the IRS,currently$0.50/mi
Survey Vehicle Prevailing standard rate as established by the IRS,currently$0.525/mi
Black and White Copies Actual reasonable cost
Color Copies Actual reasonable cost
Miscellaneous Postage,Mailing,Deliveries Etc. Actual reasonable cost
Equipment Actual reasonable cost
Privately Owned Vehicle Actual reimbursement amount to employee,not to exceed rates for company vehicles outlined above
Autmobile Rental Actual reasonable cost
Air fare Actual reasonable cost,giving the State all discounts
Lodging Actual cost,(excluding taxes&fees),not to exceed federal GSA reimbursement guidelines,
not to exceed$70 per person daily statewide;not to exceed$101 in Omaha/Douglas County.
Meals Actual cost,not to exceed federal GSA reimbursement guidelines,currently:
Statewide Omaha/Douglas County
Breakfast $7.00 $10.00
Lunch $11.00 $15.00
Dinner $23.00 $31.00
Totals $41.00 $56.00
•
•
•
•
•
•
Page 2 of 3
Exhibit "3"
2.2 Prepare Alternatives Analysis—Use information developed for EA and
404(b)(I) analysis.
•
2.3 Summarize On-site Wetlands—Use information developed for EA and
404(b)(1) analysis.
2.4 Research and Propose Mitigation Plan—FHU will research possible mitigation
measures. These will be presented to the City to determine which mitigation
measures the City might be willing to commit to. Once agreed upon, the
Project No. STPC-5001(15) Page 1 of 2
144th Street, West Dodge Rd.to Eagle Run Drive&
Blondo Street, 135`" Street to Eldorado Drive
Work Order#3
Exhibit 1511
urs table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
C-25A r CITY OF OMAHA LEGISLATIVE CHAMBER
- . Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, an Engineering Agreement with Felsburg Holt & Ullevig to provide professional
engineering services for widening and improvements to 144th Street from West Dodge Road to Eagle Run
Drive and to Blondo Street from 135t" Street to Eldorado Drive, known as Project STPC-5001(15) CN
22202 and SP 2000-14 was approved by Council Resolution No. 666 on June 13, 2006; and
WHEREAS, this project was subsequently split into two phases under the designation for Phase 1
of STPC-5001(15) CN 22202 and SP 2000-14 and the designation for Phase 2 of MAPA-5001(19) CN
22202a and SP 2000-14a; and
WHEREAS, additional services not included in the scope of the original Engineering Agreement
or previous Supplemental Agreements are required to complete additional reporting for Phase 1 and final
design work for Phase 2 of this project; and,
WHEREAS, Felsburg Holt&Ullevig has agreed to perform the services needed as detailed in the
attached Supplemental Agreement No. 5, which by this reference is made a part hereof, for an additional
fee to the City not exceed $22,700 to be paid from 2006 Transportation Bond Fund 13182, 2010 Issue of
2006 Transportation Bond Organization 117115.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, as recommended by the Mayor, Supplemental Agreement No. 5 with Felsburg Holt &
Ullevig for the provision of additional services not included in the scope of the original Engineering
Agreement or previous Supplemental Agreements in regard to the widening and improvements to 144th
Street from West Dodge Road to Eagle Run Drive and to Blondo Street from 135th Street to Eldorado
Drive designated as projects STPC-5001(15) CN 22202 and SP 2000-14, and MAPA-5001(19) CN
22202a and SP 2000-14a, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the City's portion of the additional fee in an
amount not to exceed $22,700 for these engineering services from the 2006 Transportation Bond Fund
13182, 2010 Issue of 2006 Transportation Bond Organization 117115; and,
THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached
Agreement on behalf of the City of Omaha.
1345htp
APPROVED AS TO FORM:
277144 .
By % % � 4�� 74 Z
C un ilmember
,CITY ATTORNEY DATE
Adopted JAN..2 4 Z0.12 -Q
,4040--. ,/fAa?r, .. ,
ity Clerk 1/4A2..
ey
414
Approved.... .
Mayor
1.00 $56.00
•
•
•
•
•
•
Page 2 of 3
Exhibit "3"
2.2 Prepare Alternatives Analysis—Use information developed for EA and
404(b)(I) analysis.
•
2.3 Summarize On-site Wetlands—Use information developed for EA and
404(b)(1) analysis.
2.4 Research and Propose Mitigation Plan—FHU will research possible mitigation
measures. These will be presented to the City to determine which mitigation
measures the City might be willing to commit to. Once agreed upon, the
Project No. STPC-5001(15) Page 1 of 2
144th Street, West Dodge Rd.to Eagle Run Drive&
Blondo Street, 135`" Street to Eldorado Drive
Work Order#3
Exhibit 1511
urs table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
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.`a t.1 s.
Y .,
CIX
F
OMAHA:
THAT, as recommended by the Mayor, Supplemental Agreement No. 5 with Felsburg Holt &
Ullevig for the provision of additional services not included in the scope of the original Engineering
Agreement or previous Supplemental Agreements in regard to the widening and improvements to 144th
Street from West Dodge Road to Eagle Run Drive and to Blondo Street from 135th Street to Eldorado
Drive designated as projects STPC-5001(15) CN 22202 and SP 2000-14, and MAPA-5001(19) CN
22202a and SP 2000-14a, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the City's portion of the additional fee in an
amount not to exceed $22,700 for these engineering services from the 2006 Transportation Bond Fund
13182, 2010 Issue of 2006 Transportation Bond Organization 117115; and,
THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached
Agreement on behalf of the City of Omaha.
1345htp
APPROVED AS TO FORM:
277144 .
By % % � 4�� 74 Z
C un ilmember
,CITY ATTORNEY DATE
Adopted JAN..2 4 Z0.12 -Q
,4040--. ,/fAa?r, .. ,
ity Clerk 1/4A2..
ey
414
Approved.... .
Mayor
1.00 $56.00
•
•
•
•
•
•
Page 2 of 3
Exhibit "3"
2.2 Prepare Alternatives Analysis—Use information developed for EA and
404(b)(I) analysis.
•
2.3 Summarize On-site Wetlands—Use information developed for EA and
404(b)(1) analysis.
2.4 Research and Propose Mitigation Plan—FHU will research possible mitigation
measures. These will be presented to the City to determine which mitigation
measures the City might be willing to commit to. Once agreed upon, the
Project No. STPC-5001(15) Page 1 of 2
144th Street, West Dodge Rd.to Eagle Run Drive&
Blondo Street, 135`" Street to Eldorado Drive
Work Order#3
Exhibit 1511
urs table,as well as the remaining sheets.
•
Consultant ICE for Supplemental Agreement#5
Estimate of Hours Page 1 of 5
Exhibit "A"
ants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
ic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
• number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
(write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit,
such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
a)(1).
rentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
ontractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to •
the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor
the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc