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RES 2011-0526 - Amendment to agmt with Veenstra & Kimm Inc for sewer separation in Aksarben Village neighborhood, OPW 51151 "� 0T11AHA.NFL T. Public Works Department '1�"t h� Omaha/Douglas Civic Center o® rr'( „r {I 4 _ May 3, 201 _ 1819 Farnam Street,Suite 601 0A w `°�:" ro 22 2: Q t Omaha,Nebraska 68183-0601 04, 4` (402)444-5220 .14D FEB0r CITY CLERK Fax(402)444-5248 City of Omaha ,O M i H A, N BRA K A 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 Amendment No. 2 to an Engineering Services Agreement with Veenstra & Kimm; Inc. to provide professional engineering design services for sewer separation in the Aksarben Village Neighborhood, known as Project OPW 51151, located north of Center Street at 67th Street. The original Engineering Agreement with Veenstra&Kimm was approved by Council Resolution No. 231 on March 2, 2010, and amended by Council Resolution No. 1191 on October 19, 2010. The attached Amendment to the Agreement authorizes Veenstra & Kimm, Inc., to provide additional services for final design and preparation of plans and specifications for bidding, and to address additional work that was required in the field study of the area. The exact scope of services is included in the Attachment of the Amendment. Veenstra & Kimm, Inc. has agreed to perform the services detailed in the attached Amendment for a fee not to exceed 143,513.46, which is payable from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. Veenstra & Kimm, Inc. 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 Amendment to the Engineering Agreement. Respectfully submitted, Referred to City Council for Consideration: 67, y-iz -4i 13hp6 Ioi Robert G. Stubbe, P.E. Date May s ffice Date Public Works Director Approved as to Funding: Approved: </-i 1. ?„_, 7Ø5/ii Pam Spaccarotella Date Human Rights and Relations Date Finance Director Department 1178htp ° �b on • � QUa 200 d .] 5 0 0 > O 0 = G, o ' O = u - O O C 0 Ua` aUQUrzev) hE- 0 t- � 44Ua. ru .-.) a H v� ,, , E- wLlr.A F d concrete pavements. Thiele Geotech (TG) proposes to provide testing services in the following manner: a. Review soil materials proposed for use as structural fill as needed, and run laboratory tests to determine the soil description and compaction characteristics of fill materials found on and off site as required by the geotechnical report's recommendations, or project related information. b. TG shall provide an engineering technician to observe the placement of embankment fill on an as requested basis. Our technician would run field density tests to document the quality of the fill and help us evaluate compliance with the project specifications. c. TG shall provide an engineering technician to run field density tests to document the quality of the pipe bedding and trench backfill and help us evaluate compliance with the project specifications. Field samples will be obtained for laboratory gradation testing. The project manager will report the test results and \\SRV13Wctive Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc l be provided to the City of Omaha \\SRV13\Active Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc •52 225-` 22 01. 5,•uW,2"4 "'' Iz I E._ ' ' " - - 4-•••-•,, --- '6- fft EP. ;g -7.--f F,,,`, -',-. P- r.f5.AF17:;“2E - :7• 1.ie '4 k• ;'4, -.2 'f, IL V - 1 -0i "- :\•-• °: 3 3 11 i; i ' 2 ..; tr- 4. '54'i° 7a - i',1 - f', K,r. .- •-, — ..2 1 z - -- s—i 1.1-av • ,1- Rita .- , 3=- 4 -7' "--- 7,...- ° Li 2 " 6A.P.r, P.' * *. > i ' ,F, 2 • A 6,01 ...., , ' hiri 41 .'''.. '''' ' •A 1 ih!: s PPE AEI 31-3;.. g L.--• E p- 1 A . 'f55- . -5•••:, .t-... ; idil t:ifg ig4 i z •I' H Ill .2§ -- 7.,., 1 124 Or Lamp,Rynearson&Associates,Inc. WWWIRA-INC.COM FINAL 14710 West Dodge Road,Suite 100 erasa (Ph) 402496.2498 M 71 l I 1 1 g ' llq I i 1..b PLAT Omaha,Nbk68154-2027 (Fax)402 496.2730 II L-• "/ 4, C STREET ACRES REPLAT 2 (Lot 1) Douglas County, Nebraska . ..._ W E in q El 160r Waogm o H N mW d' WrnOlolnraoao 0) 0o01H W H z w m 4 U cn X m r4 M M U V' V' d' V' R; V' (i,' V' U V' H V' e-I V' U V' FC U1 ix in a U H H O W O O O O O O O o 0 O O O O O O O W 4 H O U) O O O O O O 0 O O O O 0 O O O 0 U) I 1 alzal � a AA O WE ooOECoOE0 W HOENOMOr' oln = Cor.CNFioo = r.Go1 = . ou] HONOM4 d' O ,Z W H U H H 0 H N Q N U H N 0 N U N H N CO N L1 N PC N U) W N U) W co a' M U M U M W M U] H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O a H 0 0 O 0 0 0 0 0 0 0 Cn O O O O O o 0 OH 0 HOAHd1 'Zoz 07 W r -InOaInOaa3Oa0Oad1H O 'Z H H CO H O1 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O AMENDMENT NO. 2 TO THE AGREEMENT FOR ENGINEERING SERVICES FOR OPW 51151 AKSARBEN VILLAGE NEIGHBORHOOD SEWER SEPARATION PROJECT The Professional Services Agreement between the City of Omaha,Nebraska(OWNER) and Veenstra&Kimm, Inc. (ENGINEER) dated March 2, 2010 for professional services to provide final design services is hereby amended as follows: A detailed description of the scope of work and services for this Amendment No. 2 for work not included in the original project scope is listed in the attached documentation. This documentation consists of Work Change Authorization#1, which is supported by an accompanying one-page letter; and Work Change Authorization#2, which is supported by documentation labeled as Exhibits A, B, C, and D. • Compensation for the services in this Amendment is described in the accompanying above- described supporting documentation. The maximum amount for the services covered by this amendment shall not exceed$143,513.46 without prior written authorization by the City of Omaha. This amendment shall not change any provisions of the original contract. In accordance with the provisions of the March 2, 2010 Agreement, this Amendment is executed on this 5 day of , 2011. "OWNER" "ENGINEER" CITY OF OMAHA,NEBRASKA VEENSTRA & KIMM, INC. Omaha/Douglas Civic Center 300 Westown Parkway 1819 Farnam Street, Suite 601 West Des Moines, IA 50266-1320 Om..., ► ebraska 68183 0.44, (31/10AN ACTING M.yor Engineer Date s. r: ATTEST: ATTEST: 4,7 Apy0.4zlety 3 , t .aoii Cit clerk _ Date • APPROVED AS TO FORM: Deputy City Attorney Date in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Amendment to the Engineering Agreement. Respectfully submitted, Referred to City Council for Consideration: 67, y-iz -4i 13hp6 Ioi Robert G. Stubbe, P.E. Date May s ffice Date Public Works Director Approved as to Funding: Approved: </-i 1. ?„_, 7Ø5/ii Pam Spaccarotella Date Human Rights and Relations Date Finance Director Department 1178htp ° �b on • � QUa 200 d .] 5 0 0 > O 0 = G, o ' O = u - O O C 0 Ua` aUQUrzev) hE- 0 t- � 44Ua. ru .-.) a H v� ,, , E- wLlr.A F d concrete pavements. Thiele Geotech (TG) proposes to provide testing services in the following manner: a. Review soil materials proposed for use as structural fill as needed, and run laboratory tests to determine the soil description and compaction characteristics of fill materials found on and off site as required by the geotechnical report's recommendations, or project related information. b. TG shall provide an engineering technician to observe the placement of embankment fill on an as requested basis. Our technician would run field density tests to document the quality of the fill and help us evaluate compliance with the project specifications. c. TG shall provide an engineering technician to run field density tests to document the quality of the pipe bedding and trench backfill and help us evaluate compliance with the project specifications. Field samples will be obtained for laboratory gradation testing. The project manager will report the test results and \\SRV13Wctive Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc l be provided to the City of Omaha \\SRV13\Active Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc •52 225-` 22 01. 5,•uW,2"4 "'' Iz I E._ ' ' " - - 4-•••-•,, --- '6- fft EP. ;g -7.--f F,,,`, -',-. P- r.f5.AF17:;“2E - :7• 1.ie '4 k• ;'4, -.2 'f, IL V - 1 -0i "- :\•-• °: 3 3 11 i; i ' 2 ..; tr- 4. '54'i° 7a - i',1 - f', K,r. .- •-, — ..2 1 z - -- s—i 1.1-av • ,1- Rita .- , 3=- 4 -7' "--- 7,...- ° Li 2 " 6A.P.r, P.' * *. > i ' ,F, 2 • A 6,01 ...., , ' hiri 41 .'''.. '''' ' •A 1 ih!: s PPE AEI 31-3;.. g L.--• E p- 1 A . 'f55- . -5•••:, .t-... ; idil t:ifg ig4 i z •I' H Ill .2§ -- 7.,., 1 124 Or Lamp,Rynearson&Associates,Inc. WWWIRA-INC.COM FINAL 14710 West Dodge Road,Suite 100 erasa (Ph) 402496.2498 M 71 l I 1 1 g ' llq I i 1..b PLAT Omaha,Nbk68154-2027 (Fax)402 496.2730 II L-• "/ 4, C STREET ACRES REPLAT 2 (Lot 1) Douglas County, Nebraska . ..._ W E in q El 160r Waogm o H N mW d' WrnOlolnraoao 0) 0o01H W H z w m 4 U cn X m r4 M M U V' V' d' V' R; V' (i,' V' U V' H V' e-I V' U V' FC U1 ix in a U H H O W O O O O O O O o 0 O O O O O O O W 4 H O U) O O O O O O 0 O O O O 0 O O O 0 U) I 1 alzal � a AA O WE ooOECoOE0 W HOENOMOr' oln = Cor.CNFioo = r.Go1 = . ou] HONOM4 d' O ,Z W H U H H 0 H N Q N U H N 0 N U N H N CO N L1 N PC N U) W N U) W co a' M U M U M W M U] H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O a H 0 0 O 0 0 0 0 0 0 0 Cn O O O O O o 0 OH 0 HOAHd1 'Zoz 07 W r -InOaInOaa3Oa0Oad1H O 'Z H H CO H O1 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O Omaha CSO Control Program WORK CHANGE ACKNOWLEDGEMENT WCA NO: 1 • TO: Program Management Team WCA TITLE: Heavy Sewer Cleaning Approved Additional Services PROJECT: Aksarben Village Neighborhood Sewer Separation DATE: July 23,2010 OWNER: City of Omaha PROJECT NO: OPW 51151 The following additions,deletions,or revisions to the Work have been ordered and authorized: This work change acknowledgement covers the heavy sewer cleaning work that TREKK Design Group,l..LC,a sulYconsultant to Veenstra&Kintm,Inc.on the above-referenced project,provided to accommodate CCTV analysis of several large- diameter sewers in the study area. Estimated Cost of this WCA: $22,750 Rr, ,on 1u1 Cli.mr ( 1: TREKK identified that this heavy cleaning was above and beyond their original scope of services for the field study work for Veenstra&Kimm TREKK encountered large obstructions in several pipes in the 60th&Woolworth area,and the obstructions were blocking CCTV operations. Omaha Sewer Maintenance indicated that they did.not.have the time or resources to complete this work;therefore,TREKK was asked to provide an estimate for their cleaning services. • Attaihmonts(List Suprotlin`;1)(1:t1tncnt'}: See attached letter from•Veenstra&Kimat dated June 25,2010. It is understood that this Work Change Acknowledgement will not change the Contract Price or Schedule,but is evidence that the parties expect a Contract Amendment to be subsequently issued if it is not possible to absorb this extra cost within the existing contract price. Generated Br H.R. Veenstra Jr. e Veenstra&Kimm1f Z ZDI6 Name,Printed and Signed Company L Date I I Reviewed By: •A I • _a.I ' - PMT 7 12 3(20 Ct . 4 fly Si••ned Company Date /, Approved By Epp City of Omaha f-? Owner bate to City Council for Consideration: 67, y-iz -4i 13hp6 Ioi Robert G. Stubbe, P.E. Date May s ffice Date Public Works Director Approved as to Funding: Approved: </-i 1. ?„_, 7Ø5/ii Pam Spaccarotella Date Human Rights and Relations Date Finance Director Department 1178htp ° �b on • � QUa 200 d .] 5 0 0 > O 0 = G, o ' O = u - O O C 0 Ua` aUQUrzev) hE- 0 t- � 44Ua. ru .-.) a H v� ,, , E- wLlr.A F d concrete pavements. Thiele Geotech (TG) proposes to provide testing services in the following manner: a. Review soil materials proposed for use as structural fill as needed, and run laboratory tests to determine the soil description and compaction characteristics of fill materials found on and off site as required by the geotechnical report's recommendations, or project related information. b. TG shall provide an engineering technician to observe the placement of embankment fill on an as requested basis. Our technician would run field density tests to document the quality of the fill and help us evaluate compliance with the project specifications. c. TG shall provide an engineering technician to run field density tests to document the quality of the pipe bedding and trench backfill and help us evaluate compliance with the project specifications. Field samples will be obtained for laboratory gradation testing. The project manager will report the test results and \\SRV13Wctive Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc l be provided to the City of Omaha \\SRV13\Active Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc •52 225-` 22 01. 5,•uW,2"4 "'' Iz I E._ ' ' " - - 4-•••-•,, --- '6- fft EP. ;g -7.--f F,,,`, -',-. P- r.f5.AF17:;“2E - :7• 1.ie '4 k• ;'4, -.2 'f, IL V - 1 -0i "- :\•-• °: 3 3 11 i; i ' 2 ..; tr- 4. '54'i° 7a - i',1 - f', K,r. .- •-, — ..2 1 z - -- s—i 1.1-av • ,1- Rita .- , 3=- 4 -7' "--- 7,...- ° Li 2 " 6A.P.r, P.' * *. > i ' ,F, 2 • A 6,01 ...., , ' hiri 41 .'''.. '''' ' •A 1 ih!: s PPE AEI 31-3;.. g L.--• E p- 1 A . 'f55- . -5•••:, .t-... ; idil t:ifg ig4 i z •I' H Ill .2§ -- 7.,., 1 124 Or Lamp,Rynearson&Associates,Inc. WWWIRA-INC.COM FINAL 14710 West Dodge Road,Suite 100 erasa (Ph) 402496.2498 M 71 l I 1 1 g ' llq I i 1..b PLAT Omaha,Nbk68154-2027 (Fax)402 496.2730 II L-• "/ 4, C STREET ACRES REPLAT 2 (Lot 1) Douglas County, Nebraska . ..._ W E in q El 160r Waogm o H N mW d' WrnOlolnraoao 0) 0o01H W H z w m 4 U cn X m r4 M M U V' V' d' V' R; V' (i,' V' U V' H V' e-I V' U V' FC U1 ix in a U H H O W O O O O O O O o 0 O O O O O O O W 4 H O U) O O O O O O 0 O O O O 0 O O O 0 U) I 1 alzal � a AA O WE ooOECoOE0 W HOENOMOr' oln = Cor.CNFioo = r.Go1 = . ou] HONOM4 d' O ,Z W H U H H 0 H N Q N U H N 0 N U N H N CO N L1 N PC N U) W N U) W co a' M U M U M W M U] H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O a H 0 0 O 0 0 0 0 0 0 0 Cn O O O O O o 0 OH 0 HOAHd1 'Zoz 07 W r -InOaInOaa3Oa0Oad1H O 'Z H H CO H O1 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O • • _ ____ VEENSTRA & KIMM, INC 3000 Westown Parkway• West Des Moines,Iowa 50266-1320 515-225-8000 •515-225-78480:AX) •800-241-8000(WATS) June 25, 2010 • Ned Tramp • Department of Public Works and Engineering City of Omaha City/County Office Building 1819 Farnam Street, Suite 600 Omaha, Nebraska 68183 • OMAHA, NEBRASKA OMAHA CSO CONTROL PROGRAM OPW51151 AKSARBEN VILLAGE NEIGHBORHOOD SEWER SEPARATION REQUEST FOR WORK CHANGE AUTHORIZATION HEAVY CLEANING This letter is a follow up to the recent correspondence between the City of Omaha and • TREKK Design Group, LLC, a subconsultant to Veenstra & Kimm, Inc. on the Aksarben Village Neighborhood Sewer Separation project, relative to the heavy cleaning of certain sewers in the Aksarben Village Neighborhood. During the CCTV, TREKK identified a number of lines with significant deposition of material that will require heavy cleaning. TREKK has proposed undertaking the cleaning at an hourly rate of$325. The estimated time for the cleaning is 70 hours. Based on the TREKK estimate, the cost for the heavy cleaning would be in-the range of $22,750. This letter is to request review and consideration of a Work Change Authorization (WCA) for the heavy cleaning to be undertaken by TREKK. If you have any questions or comments concerning the project, please contact us at 1-800-241-8000. VEENSTRA & KIMM, INC. • H. R. Veenstra Jr. • 4602 cc: Mike McIntosh Julie Michaelsen TREKK (Nest Des Moines •Coralville •Omaha •Moline •Mason City•Sioux City . Generated Br H.R. Veenstra Jr. e Veenstra&Kimm1f Z ZDI6 Name,Printed and Signed Company L Date I I Reviewed By: •A I • _a.I ' - PMT 7 12 3(20 Ct . 4 fly Si••ned Company Date /, Approved By Epp City of Omaha f-? Owner bate to City Council for Consideration: 67, y-iz -4i 13hp6 Ioi Robert G. Stubbe, P.E. Date May s ffice Date Public Works Director Approved as to Funding: Approved: </-i 1. ?„_, 7Ø5/ii Pam Spaccarotella Date Human Rights and Relations Date Finance Director Department 1178htp ° �b on • � QUa 200 d .] 5 0 0 > O 0 = G, o ' O = u - O O C 0 Ua` aUQUrzev) hE- 0 t- � 44Ua. ru .-.) a H v� ,, , E- wLlr.A F d concrete pavements. Thiele Geotech (TG) proposes to provide testing services in the following manner: a. Review soil materials proposed for use as structural fill as needed, and run laboratory tests to determine the soil description and compaction characteristics of fill materials found on and off site as required by the geotechnical report's recommendations, or project related information. b. TG shall provide an engineering technician to observe the placement of embankment fill on an as requested basis. Our technician would run field density tests to document the quality of the fill and help us evaluate compliance with the project specifications. c. TG shall provide an engineering technician to run field density tests to document the quality of the pipe bedding and trench backfill and help us evaluate compliance with the project specifications. Field samples will be obtained for laboratory gradation testing. The project manager will report the test results and \\SRV13Wctive Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc l be provided to the City of Omaha \\SRV13\Active Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc •52 225-` 22 01. 5,•uW,2"4 "'' Iz I E._ ' ' " - - 4-•••-•,, --- '6- fft EP. ;g -7.--f F,,,`, -',-. P- r.f5.AF17:;“2E - :7• 1.ie '4 k• ;'4, -.2 'f, IL V - 1 -0i "- :\•-• °: 3 3 11 i; i ' 2 ..; tr- 4. '54'i° 7a - i',1 - f', K,r. .- •-, — ..2 1 z - -- s—i 1.1-av • ,1- Rita .- , 3=- 4 -7' "--- 7,...- ° Li 2 " 6A.P.r, P.' * *. > i ' ,F, 2 • A 6,01 ...., , ' hiri 41 .'''.. '''' ' •A 1 ih!: s PPE AEI 31-3;.. g L.--• E p- 1 A . 'f55- . -5•••:, .t-... ; idil t:ifg ig4 i z •I' H Ill .2§ -- 7.,., 1 124 Or Lamp,Rynearson&Associates,Inc. WWWIRA-INC.COM FINAL 14710 West Dodge Road,Suite 100 erasa (Ph) 402496.2498 M 71 l I 1 1 g ' llq I i 1..b PLAT Omaha,Nbk68154-2027 (Fax)402 496.2730 II L-• "/ 4, C STREET ACRES REPLAT 2 (Lot 1) Douglas County, Nebraska . ..._ W E in q El 160r Waogm o H N mW d' WrnOlolnraoao 0) 0o01H W H z w m 4 U cn X m r4 M M U V' V' d' V' R; V' (i,' V' U V' H V' e-I V' U V' FC U1 ix in a U H H O W O O O O O O O o 0 O O O O O O O W 4 H O U) O O O O O O 0 O O O O 0 O O O 0 U) I 1 alzal � a AA O WE ooOECoOE0 W HOENOMOr' oln = Cor.CNFioo = r.Go1 = . ou] HONOM4 d' O ,Z W H U H H 0 H N Q N U H N 0 N U N H N CO N L1 N PC N U) W N U) W co a' M U M U M W M U] H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O a H 0 0 O 0 0 0 0 0 0 0 Cn O O O O O o 0 OH 0 HOAHd1 'Zoz 07 W r -InOaInOaa3Oa0Oad1H O 'Z H H CO H O1 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O • Omaha CSO Control Program WORK CHANGE ACICNOWLEDGEME.NT WCA NO: OPW 51151-WCA No.2 TO: City of Omaha WCA TITLE: Aksarben Sewer Separation • • PROJECT: Omaha CSO Control Program,Aksarben Separation DATE: March 18,2011 • OWNER: City of Omaha PROJECT NO: OPW 51151 • The following additions,deletions,or revisions to the Work have been ordered and authorized: This work change acknowledgement covers services beyond the scope of the original Aksarben Neighborhood Sewer Separation Project contract with Veenstra&Kimm dated March 2,2010 and the accompanying Amendment No.1 dated October 20,2010. • • Estimated Cost,of this WCA: $120,763.46 F,Renson lui Ch,uige(ti)c - Tasks which axe not Included in the scope of the original contract or the accompanying amendment . have been requested to comply with CSO Program Management Team protocols and several additional items, _Allaiilii'iii (I.isi supporlinh IJocununiti); 1. TRBKK change order for additional field services-$43,7.34(See.Exhibit A) • • 2. Veenstra&Kimm additional engineering cost for final design fees-$48,546.46(See Exhibit B) 3. Aksarben area wetlands survey-$3,500(See Exhibit C) • • 4. Veenstra&Kimm engineering services during construction$24,983(See Exhibit D) • It is understood that this Work Change Acknowledgement will not change the Contract Price or Schedule,but is evidence that the parties expect a Contract Amendment to be subsequently issued if it is not possible to absorb this extra.cost within the existing contract price. Approved By: Jack PFPffAr. (Pk. l� City of Omaha "5 2-S--4• Name,Printed and S gn Owner • Date Reviewed By: t. •. , i City of Omaha `ai e,Printed an'J Owner Date /.I //A PMT .!-2$-2Di Reviewed By: Mike McIntosh /,/ Name,'•rl e•end' ; Company Date Generated By Bob Veenstra Veenstra&Kimm /443 2O!( Name,Printed end S ed Company • Date ay s ffice Date Public Works Director Approved as to Funding: Approved: </-i 1. ?„_, 7Ø5/ii Pam Spaccarotella Date Human Rights and Relations Date Finance Director Department 1178htp ° �b on • � QUa 200 d .] 5 0 0 > O 0 = G, o ' O = u - O O C 0 Ua` aUQUrzev) hE- 0 t- � 44Ua. ru .-.) a H v� ,, , E- wLlr.A F d concrete pavements. Thiele Geotech (TG) proposes to provide testing services in the following manner: a. Review soil materials proposed for use as structural fill as needed, and run laboratory tests to determine the soil description and compaction characteristics of fill materials found on and off site as required by the geotechnical report's recommendations, or project related information. b. TG shall provide an engineering technician to observe the placement of embankment fill on an as requested basis. Our technician would run field density tests to document the quality of the fill and help us evaluate compliance with the project specifications. c. TG shall provide an engineering technician to run field density tests to document the quality of the pipe bedding and trench backfill and help us evaluate compliance with the project specifications. Field samples will be obtained for laboratory gradation testing. The project manager will report the test results and \\SRV13Wctive Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc l be provided to the City of Omaha \\SRV13\Active Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc •52 225-` 22 01. 5,•uW,2"4 "'' Iz I E._ ' ' " - - 4-•••-•,, --- '6- fft EP. ;g -7.--f F,,,`, -',-. P- r.f5.AF17:;“2E - :7• 1.ie '4 k• ;'4, -.2 'f, IL V - 1 -0i "- :\•-• °: 3 3 11 i; i ' 2 ..; tr- 4. '54'i° 7a - i',1 - f', K,r. .- •-, — ..2 1 z - -- s—i 1.1-av • ,1- Rita .- , 3=- 4 -7' "--- 7,...- ° Li 2 " 6A.P.r, P.' * *. > i ' ,F, 2 • A 6,01 ...., , ' hiri 41 .'''.. '''' ' •A 1 ih!: s PPE AEI 31-3;.. g L.--• E p- 1 A . 'f55- . -5•••:, .t-... ; idil t:ifg ig4 i z •I' H Ill .2§ -- 7.,., 1 124 Or Lamp,Rynearson&Associates,Inc. WWWIRA-INC.COM FINAL 14710 West Dodge Road,Suite 100 erasa (Ph) 402496.2498 M 71 l I 1 1 g ' llq I i 1..b PLAT Omaha,Nbk68154-2027 (Fax)402 496.2730 II L-• "/ 4, C STREET ACRES REPLAT 2 (Lot 1) Douglas County, Nebraska . ..._ W E in q El 160r Waogm o H N mW d' WrnOlolnraoao 0) 0o01H W H z w m 4 U cn X m r4 M M U V' V' d' V' R; V' (i,' V' U V' H V' e-I V' U V' FC U1 ix in a U H H O W O O O O O O O o 0 O O O O O O O W 4 H O U) O O O O O O 0 O O O O 0 O O O 0 U) I 1 alzal � a AA O WE ooOECoOE0 W HOENOMOr' oln = Cor.CNFioo = r.Go1 = . ou] HONOM4 d' O ,Z W H U H H 0 H N Q N U H N 0 N U N H N CO N L1 N PC N U) W N U) W co a' M U M U M W M U] H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O a H 0 0 O 0 0 0 0 0 0 0 Cn O O O O O o 0 OH 0 HOAHd1 'Zoz 07 W r -InOaInOaa3Oa0Oad1H O 'Z H H CO H O1 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O EXHIBIT A mg 1441 East 104th Street,Suite 105 • TITC11( . Kansas City,MO 64131 PHONE(816)874-4655 FAX(816)874-4675 March 23,2011 Mr.Ned Tramp City Project Manager City of Omaha Public Works Department 1819 Farnam Street, Suite 601 Omaha,NE 68183-0601 OPW51151 AKSARBEN VILLAGE NEIGHBORHOOD SEWER SEPARATION CHANGE ORDER NO 2 ACCEPTANCE Dear Mr.Tramp, The following is a summary table of the conclusions from TREKK Design Group,LLC (TREKK)Change Order#2 request,as discussed in the March 4,2011 meeting. A detailed explanation of each task is provided in the January 11, 2011 OPW51151 AKSARBEN VILLAGE NEIGHBORHOOD SEWER SEPARATION CHANGE ORDER NO 2 REQUEST Letter. Task Requested Cost Approved Cost a.reviewing new protocols and comparing the changes from the original 1.) scope $4,269 $4,269 b.purchasing and installing new"scoring"module software $3,439 $3,439 c.reviewing and training CCTV operators of changes $3,283 • $3,283 d.attending review meetings and preparing required deliverables $3,675 $3,675 e."learning curve"for CCTV operators for new requirements $1,145 $1,145 f.Additional information required for"start up"of each line being televised $2,550 $2,550 2.) a.Required additional time to document in field and to provide QA/QC $8,176 $8,176 3.) a.After lines had already been"light cleaned",to reduce flows to meet the maximum allowable flow depth level requirement,the jetter had to be used in conjunction with the CCTV camera.This is a slow process and resulted in repeat of work and loss of time. $17,197 $17,197 4.) a.Due to.the high traffic along 60th Street,additional signage and • • personnel were required to provide for a safe working environment. $3,077 $0 Total Additional Time $46,811 $43,734 We would like to thank the City,PMT and V&K for their time and support for the requested Change Order 2. Please feel free to contact me at(816)874-4659 if you have any questions or need additional information. Respectfully yours, TREKK Design Group, LLC •6:4: '...2a--"— --- Cliff Cate,P.E. Water/Wastewater Manager • Cc: H.R. Veenstra,Jr. Revolutionize the practice of engineering consulting to improve the quality of life for our clients, employees and community. • iele Geotech (TG) proposes to provide testing services in the following manner: a. Review soil materials proposed for use as structural fill as needed, and run laboratory tests to determine the soil description and compaction characteristics of fill materials found on and off site as required by the geotechnical report's recommendations, or project related information. b. TG shall provide an engineering technician to observe the placement of embankment fill on an as requested basis. Our technician would run field density tests to document the quality of the fill and help us evaluate compliance with the project specifications. c. TG shall provide an engineering technician to run field density tests to document the quality of the pipe bedding and trench backfill and help us evaluate compliance with the project specifications. Field samples will be obtained for laboratory gradation testing. The project manager will report the test results and \\SRV13Wctive Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc l be provided to the City of Omaha \\SRV13\Active Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc •52 225-` 22 01. 5,•uW,2"4 "'' Iz I E._ ' ' " - - 4-•••-•,, --- '6- fft EP. ;g -7.--f F,,,`, -',-. P- r.f5.AF17:;“2E - :7• 1.ie '4 k• ;'4, -.2 'f, IL V - 1 -0i "- :\•-• °: 3 3 11 i; i ' 2 ..; tr- 4. '54'i° 7a - i',1 - f', K,r. .- •-, — ..2 1 z - -- s—i 1.1-av • ,1- Rita .- , 3=- 4 -7' "--- 7,...- ° Li 2 " 6A.P.r, P.' * *. > i ' ,F, 2 • A 6,01 ...., , ' hiri 41 .'''.. '''' ' •A 1 ih!: s PPE AEI 31-3;.. g L.--• E p- 1 A . 'f55- . -5•••:, .t-... ; idil t:ifg ig4 i z •I' H Ill .2§ -- 7.,., 1 124 Or Lamp,Rynearson&Associates,Inc. WWWIRA-INC.COM FINAL 14710 West Dodge Road,Suite 100 erasa (Ph) 402496.2498 M 71 l I 1 1 g ' llq I i 1..b PLAT Omaha,Nbk68154-2027 (Fax)402 496.2730 II L-• "/ 4, C STREET ACRES REPLAT 2 (Lot 1) Douglas County, Nebraska . ..._ W E in q El 160r Waogm o H N mW d' WrnOlolnraoao 0) 0o01H W H z w m 4 U cn X m r4 M M U V' V' d' V' R; V' (i,' V' U V' H V' e-I V' U V' FC U1 ix in a U H H O W O O O O O O O o 0 O O O O O O O W 4 H O U) O O O O O O 0 O O O O 0 O O O 0 U) I 1 alzal � a AA O WE ooOECoOE0 W HOENOMOr' oln = Cor.CNFioo = r.Go1 = . ou] HONOM4 d' O ,Z W H U H H 0 H N Q N U H N 0 N U N H N CO N L1 N PC N U) W N U) W co a' M U M U M W M U] H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O a H 0 0 O 0 0 0 0 0 0 0 Cn O O O O O o 0 OH 0 HOAHd1 'Zoz 07 W r -InOaInOaa3Oa0Oad1H O 'Z H H CO H O1 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O EXHIBIT B - PAGE 1 VEENSTRA & KIMM INC. \ — 3000 Westown Parkway• West Des Moines,Iowa 50266-1320 515-225-8000 •51 5-225-7848(FAX) •800-241-8000(WATS) February 3, 2011 Ned Tramp • City of Omaha Public Works 1819 Farnam Street Suite 600 Omaha, Nebraska 68183 • OMAHA, NEBRASKA AKSARBEN VILLAGE NEIGHBORHOOD SEWER SEPARATION - FINAL DESIGN ADDITIONAL ENGINEERING COST This letter is a follow up to the comments in the writer's memorandum of January 31, 2011 concerning the completion date for the final design of the Aksarben Village Neighborhood Sewer Separation project. In the memorandum the writer noted the cost for engineering design increased as a result of street redesign issues on the project. Veenstra & Kimm, Inc. has completed a review of the costs incurred to date, and the projected cost to complete the final design of the Aksarben Village Sewer Separation project. The review focused on those elements of the project related to the street design. While there have been minor changes in other aspects of the project, none of the other changes would be considered significant. At the time Veenstra & Kimm, Inc. prepared the fee for the final design of the Aksarben Village Neighborhood the following assumptions were made based on the discussions during the review of the 30% preliminary design. 1. The majority of the streets would be replaced with full width pavement. There were a few locations where less than full width pavement would be considered. 2. The reconstruction of the intersections would be based on the existing intersection returns which are a 15 feet or 10 feet radius. 3. The inlet locations identified in the 30% preliminary design based on the current would be incorporated in the final design. West Des Moines •Coralville•Omaha •Moline •Mason City •Sioux City tional signage and • • personnel were required to provide for a safe working environment. $3,077 $0 Total Additional Time $46,811 $43,734 We would like to thank the City,PMT and V&K for their time and support for the requested Change Order 2. Please feel free to contact me at(816)874-4659 if you have any questions or need additional information. Respectfully yours, TREKK Design Group, LLC •6:4: '...2a--"— --- Cliff Cate,P.E. Water/Wastewater Manager • Cc: H.R. Veenstra,Jr. Revolutionize the practice of engineering consulting to improve the quality of life for our clients, employees and community. • iele Geotech (TG) proposes to provide testing services in the following manner: a. Review soil materials proposed for use as structural fill as needed, and run laboratory tests to determine the soil description and compaction characteristics of fill materials found on and off site as required by the geotechnical report's recommendations, or project related information. b. TG shall provide an engineering technician to observe the placement of embankment fill on an as requested basis. Our technician would run field density tests to document the quality of the fill and help us evaluate compliance with the project specifications. c. TG shall provide an engineering technician to run field density tests to document the quality of the pipe bedding and trench backfill and help us evaluate compliance with the project specifications. Field samples will be obtained for laboratory gradation testing. The project manager will report the test results and \\SRV13Wctive Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc l be provided to the City of Omaha \\SRV13\Active Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc •52 225-` 22 01. 5,•uW,2"4 "'' Iz I E._ ' ' " - - 4-•••-•,, --- '6- fft EP. ;g -7.--f F,,,`, -',-. P- r.f5.AF17:;“2E - :7• 1.ie '4 k• ;'4, -.2 'f, IL V - 1 -0i "- :\•-• °: 3 3 11 i; i ' 2 ..; tr- 4. '54'i° 7a - i',1 - f', K,r. .- •-, — ..2 1 z - -- s—i 1.1-av • ,1- Rita .- , 3=- 4 -7' "--- 7,...- ° Li 2 " 6A.P.r, P.' * *. > i ' ,F, 2 • A 6,01 ...., , ' hiri 41 .'''.. '''' ' •A 1 ih!: s PPE AEI 31-3;.. g L.--• E p- 1 A . 'f55- . -5•••:, .t-... ; idil t:ifg ig4 i z •I' H Ill .2§ -- 7.,., 1 124 Or Lamp,Rynearson&Associates,Inc. WWWIRA-INC.COM FINAL 14710 West Dodge Road,Suite 100 erasa (Ph) 402496.2498 M 71 l I 1 1 g ' llq I i 1..b PLAT Omaha,Nbk68154-2027 (Fax)402 496.2730 II L-• "/ 4, C STREET ACRES REPLAT 2 (Lot 1) Douglas County, Nebraska . ..._ W E in q El 160r Waogm o H N mW d' WrnOlolnraoao 0) 0o01H W H z w m 4 U cn X m r4 M M U V' V' d' V' R; V' (i,' V' U V' H V' e-I V' U V' FC U1 ix in a U H H O W O O O O O O O o 0 O O O O O O O W 4 H O U) O O O O O O 0 O O O O 0 O O O 0 U) I 1 alzal � a AA O WE ooOECoOE0 W HOENOMOr' oln = Cor.CNFioo = r.Go1 = . ou] HONOM4 d' O ,Z W H U H H 0 H N Q N U H N 0 N U N H N CO N L1 N PC N U) W N U) W co a' M U M U M W M U] H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O a H 0 0 O 0 0 0 0 0 0 0 Cn O O O O O o 0 OH 0 HOAHd1 'Zoz 07 W r -InOaInOaa3Oa0Oad1H O 'Z H H CO H O1 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O 'EXHIBIT B - PAGE 2 Ned Tramp February 3, 2011 Page 2 Early in the final design it was indicated to the City preferred the full width street replacement with a 25-foot radius at each intersection return. This change required a relocation of most of the inlets and inlet lead lines. In early December Veenstra & Kimm, Inc. moved forward with final design based on the continuing assumption of full width replacement of almost all streets with a 25-foot radius and relocated inlets. The 60% design submittal was based on these three assumptions. After the inlets were relocated and the 25-foot radius developed, the decision was made to return to a 15-foot radius for all of the intersections except for the major streets. The inlets were left at the original location us,:d with the 25-foot radius. Almost all of the intersection return drawings were changed to the smaller 15-foot radius. Almost all of these changes were completed before the plan in hand review. The full width pavement replacement would require complete removal and replacement of sidewalk. Veenstra & Kimm, Inc. designed the pavement grades based on the assumption the sidewalk section through driveways would require compliance with the ADA standards regarding cross slope. This required most of the street grades to be raised between 0.1-foot and 0.2-foot. In January 2011 the City indicated the City would not require reconstruction of the sidewalks to meet ADA cross slope standards. This would have required a redesign of the pavement grades. However, Veenstra & Kimm, Inc. had only redesigned the pavement grades on three streets before the plan in hand meeting. At the plan in hand meeting it was Decided the approach to street paving would be adjusted to use a reduced width paving replacement whenever possible. Only when less than full width pavement was necessary would that approach be used. Also, 63rd Street would continue with full width replacement with the pavement shifted westerly between 2 feet and 3 feet to avoid the OPPD pole line on the east side of 63rd Street. The shift in 63rd Street and the changes in most of the other streets to less than full width pavement replacement required the changes in the removal sheets and approximately 30 sheets showing the new improvements. Based on review Veenstra & Kimm, Inc. had not anticipated the following design activities related to the street pavement: •6:4: '...2a--"— --- Cliff Cate,P.E. Water/Wastewater Manager • Cc: H.R. Veenstra,Jr. Revolutionize the practice of engineering consulting to improve the quality of life for our clients, employees and community. • iele Geotech (TG) proposes to provide testing services in the following manner: a. Review soil materials proposed for use as structural fill as needed, and run laboratory tests to determine the soil description and compaction characteristics of fill materials found on and off site as required by the geotechnical report's recommendations, or project related information. b. TG shall provide an engineering technician to observe the placement of embankment fill on an as requested basis. Our technician would run field density tests to document the quality of the fill and help us evaluate compliance with the project specifications. c. TG shall provide an engineering technician to run field density tests to document the quality of the pipe bedding and trench backfill and help us evaluate compliance with the project specifications. Field samples will be obtained for laboratory gradation testing. The project manager will report the test results and \\SRV13Wctive Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc l be provided to the City of Omaha \\SRV13\Active Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc •52 225-` 22 01. 5,•uW,2"4 "'' Iz I E._ ' ' " - - 4-•••-•,, --- '6- fft EP. ;g -7.--f F,,,`, -',-. P- r.f5.AF17:;“2E - :7• 1.ie '4 k• ;'4, -.2 'f, IL V - 1 -0i "- :\•-• °: 3 3 11 i; i ' 2 ..; tr- 4. '54'i° 7a - i',1 - f', K,r. .- •-, — ..2 1 z - -- s—i 1.1-av • ,1- Rita .- , 3=- 4 -7' "--- 7,...- ° Li 2 " 6A.P.r, P.' * *. > i ' ,F, 2 • A 6,01 ...., , ' hiri 41 .'''.. '''' ' •A 1 ih!: s PPE AEI 31-3;.. g L.--• E p- 1 A . 'f55- . -5•••:, .t-... ; idil t:ifg ig4 i z •I' H Ill .2§ -- 7.,., 1 124 Or Lamp,Rynearson&Associates,Inc. WWWIRA-INC.COM FINAL 14710 West Dodge Road,Suite 100 erasa (Ph) 402496.2498 M 71 l I 1 1 g ' llq I i 1..b PLAT Omaha,Nbk68154-2027 (Fax)402 496.2730 II L-• "/ 4, C STREET ACRES REPLAT 2 (Lot 1) Douglas County, Nebraska . ..._ W E in q El 160r Waogm o H N mW d' WrnOlolnraoao 0) 0o01H W H z w m 4 U cn X m r4 M M U V' V' d' V' R; V' (i,' V' U V' H V' e-I V' U V' FC U1 ix in a U H H O W O O O O O O O o 0 O O O O O O O W 4 H O U) O O O O O O 0 O O O O 0 O O O 0 U) I 1 alzal � a AA O WE ooOECoOE0 W HOENOMOr' oln = Cor.CNFioo = r.Go1 = . ou] HONOM4 d' O ,Z W H U H H 0 H N Q N U H N 0 N U N H N CO N L1 N PC N U) W N U) W co a' M U M U M W M U] H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O a H 0 0 O 0 0 0 0 0 0 0 Cn O O O O O o 0 OH 0 HOAHd1 'Zoz 07 W r -InOaInOaa3Oa0Oad1H O 'Z H H CO H O1 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O EXHIBIT B - PAGE 3 Ned Tramp • February 3, 2011 Page 3 1 . Relocating the inlets to a 25-foot radius. 2. Modifying the intersection drawings from the 25-foot radius to a 15-foot radius. 3. Revising the removal and pavement design from full width to less than full width on almost all of the streets exceot for 63Id Street. 4. Redesigning 63'd Street to shift the pavement westerly. This change is relatively minor but required additional time. 5. Adjusting street grades in the three areas to use the existing sidewalk elevation after the design grades were set using the ADA requirements. • Attached is a copy of the spreadsheet showing Veenstra & Kimm, Inc.'s summary of the time related to the design changes associated with the street modifications. The summary shows the changes outlined in this letter and the estimated additional hours by the employees working on the affected design area. In aggregate the changes would increase the projected final design cost by $48,546.46,000. Veenstra & Kimm, Inc. would request the City of Omaha to review the changes in the street and inlet design and Veenstr & Kimm, Inc.'s estimate of the time associated with the design modifications. If you have any questions or comments concerning the project, please contact the writer at 1-800-241-8000. VEENSTRA & KIMM, INC. H. R. Veenstra Jr. 4603 Enclosure cc: Mike McIntosh w/enclosure Kimm, Inc. had only redesigned the pavement grades on three streets before the plan in hand meeting. At the plan in hand meeting it was Decided the approach to street paving would be adjusted to use a reduced width paving replacement whenever possible. Only when less than full width pavement was necessary would that approach be used. Also, 63rd Street would continue with full width replacement with the pavement shifted westerly between 2 feet and 3 feet to avoid the OPPD pole line on the east side of 63rd Street. The shift in 63rd Street and the changes in most of the other streets to less than full width pavement replacement required the changes in the removal sheets and approximately 30 sheets showing the new improvements. Based on review Veenstra & Kimm, Inc. had not anticipated the following design activities related to the street pavement: •6:4: '...2a--"— --- Cliff Cate,P.E. Water/Wastewater Manager • Cc: H.R. Veenstra,Jr. Revolutionize the practice of engineering consulting to improve the quality of life for our clients, employees and community. • iele Geotech (TG) proposes to provide testing services in the following manner: a. Review soil materials proposed for use as structural fill as needed, and run laboratory tests to determine the soil description and compaction characteristics of fill materials found on and off site as required by the geotechnical report's recommendations, or project related information. b. TG shall provide an engineering technician to observe the placement of embankment fill on an as requested basis. Our technician would run field density tests to document the quality of the fill and help us evaluate compliance with the project specifications. c. TG shall provide an engineering technician to run field density tests to document the quality of the pipe bedding and trench backfill and help us evaluate compliance with the project specifications. Field samples will be obtained for laboratory gradation testing. The project manager will report the test results and \\SRV13Wctive Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc l be provided to the City of Omaha \\SRV13\Active Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc •52 225-` 22 01. 5,•uW,2"4 "'' Iz I E._ ' ' " - - 4-•••-•,, --- '6- fft EP. ;g -7.--f F,,,`, -',-. P- r.f5.AF17:;“2E - :7• 1.ie '4 k• ;'4, -.2 'f, IL V - 1 -0i "- :\•-• °: 3 3 11 i; i ' 2 ..; tr- 4. '54'i° 7a - i',1 - f', K,r. .- •-, — ..2 1 z - -- s—i 1.1-av • ,1- Rita .- , 3=- 4 -7' "--- 7,...- ° Li 2 " 6A.P.r, P.' * *. > i ' ,F, 2 • A 6,01 ...., , ' hiri 41 .'''.. '''' ' •A 1 ih!: s PPE AEI 31-3;.. g L.--• E p- 1 A . 'f55- . -5•••:, .t-... ; idil t:ifg ig4 i z •I' H Ill .2§ -- 7.,., 1 124 Or Lamp,Rynearson&Associates,Inc. WWWIRA-INC.COM FINAL 14710 West Dodge Road,Suite 100 erasa (Ph) 402496.2498 M 71 l I 1 1 g ' llq I i 1..b PLAT Omaha,Nbk68154-2027 (Fax)402 496.2730 II L-• "/ 4, C STREET ACRES REPLAT 2 (Lot 1) Douglas County, Nebraska . ..._ W E in q El 160r Waogm o H N mW d' WrnOlolnraoao 0) 0o01H W H z w m 4 U cn X m r4 M M U V' V' d' V' R; V' (i,' V' U V' H V' e-I V' U V' FC U1 ix in a U H H O W O O O O O O O o 0 O O O O O O O W 4 H O U) O O O O O O 0 O O O O 0 O O O 0 U) I 1 alzal � a AA O WE ooOECoOE0 W HOENOMOr' oln = Cor.CNFioo = r.Go1 = . ou] HONOM4 d' O ,Z W H U H H 0 H N Q N U H N 0 N U N H N CO N L1 N PC N U) W N U) W co a' M U M U M W M U] H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O a H 0 0 O 0 0 0 0 0 0 0 Cn O O O O O o 0 OH 0 HOAHd1 'Zoz 07 W r -InOaInOaa3Oa0Oad1H O 'Z H H CO H O1 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O EXHIBIT B - PAGE 4 CITY OF OMAHA AKSARBEN VILLAGE NEIGHBORHOOD SEWER SEPARATION FINAL DESING MODIFICATIONS STREET REPLACEMENT RELATED CHANGES • Bob Mick Les Tonla Tom Description Veenstra Briedis Lenz Hopkin Kellogg Total Relocate Inlets to 25'Radius 32 152 184 Change Return Drawings back to 15'Radius 16 128 40 8 192 Change Paving to Partial Width 62 50 24 136 Shift 63rd West to avoid OPPD Poles 2 16 4 22 Change Grades based on keeping exisitng 16 12 16 44 Driveway Grades through Sidewalk Total Hours 0 112 362 52 52 1156 Hourly Rate $130.00 $125.00 $69.00 $59.00 $125.00 Amount $0.00 $14,000.00 $24,978.00 $3,068.00 $6,500.00 $48,546.00 5083(6) Exhibit "A" Control No. 22437 EXHIBIT C - PAGE 1 V e 1 1 e s C 1 1 Alfred Benesch&Company 14748 W.Center Road,Suite 200 engineers-scientists"planners Omaha,NE 68144-2029 www.benesch.com P 402-333-5792 F 402-333-2248 March 10,2011 Veenstra &Kimm,INC.. Attn: Tom Kellogg, P.E. 14216 Dayton Circle, Ste. 7 Omaha,Nebraska 68154 Re: Wetland and Waterway Determination/Delineation Aksarben Village Omaha,Nebraska Dear Mr. Kellogg: At your request.Alfred Benesch & Company(Benesch)is submitting this proposal to complete a Waters of the United States (WUS) investigation for the above reference project. WUS include wetlands, streams, open water, and mudflats. The investigation area will include the entire project area depicted by a yellow boundary on the Veenstra &Kmm Aksarben Village Preliminary Design map dated June 23 2010 plus the Elmwood. Park Golf Course area defined during our March 3, 2011 meeting. This letter (Attachment A) and the attached Consulting Services Agreement and General Conditions represents a proposal to provide a WUS determination and delineation. SCOPE.OF SERVICE Task I—Waters of the U.S.Determination/Delineation Benesch will perform the determination/Delineation in accordance with. the U.S. Army Corps of Engineers.(COE) Wetland Delineation Manual, Technical.Report Y-87-1 (1987). and the 2008 Midwest Regional Supplement to the Corps of Engineers Wetland Delineation Manual. Waterways will be evaluated for the presence of an Ordinary High Water Mark (OFIWM) and connection to a navigable waterway. This methodology requires desktop analysis of existing data sources such as: USES Topographical Maps, NRCS Soil Survey Maps, National Wetlands Inventory Maps and aerial photography. Benesch will conduct,the;desktop analysis utilizing GIS software. An on-site field investigation will also be conducted as part of Task 1. The field investigation will determine if wetlands areas in question have all three jurisdictional wetland parameters: hydrophytic vegetation, hydric soils, and wetland hydrology, and if waterways in question have an OHWM. Drainage patterns and connections to other waterways will also be documented. Benesch will delineate the WUS boundary according to the above referenced COE delineation manual and COE guidance on waterway boundaries. Benesch will survey wetland sample points, photo stations and the WUS boundary with a Trimble® Geo-XT sub-meter accuracy hand-held.GPS unit or equivalent device if waterways have an Ordinary High Water Mark. a. Review soil materials proposed for use as structural fill as needed, and run laboratory tests to determine the soil description and compaction characteristics of fill materials found on and off site as required by the geotechnical report's recommendations, or project related information. b. TG shall provide an engineering technician to observe the placement of embankment fill on an as requested basis. Our technician would run field density tests to document the quality of the fill and help us evaluate compliance with the project specifications. c. TG shall provide an engineering technician to run field density tests to document the quality of the pipe bedding and trench backfill and help us evaluate compliance with the project specifications. Field samples will be obtained for laboratory gradation testing. The project manager will report the test results and \\SRV13Wctive Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc l be provided to the City of Omaha \\SRV13\Active Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc •52 225-` 22 01. 5,•uW,2"4 "'' Iz I E._ ' ' " - - 4-•••-•,, --- '6- fft EP. ;g -7.--f F,,,`, -',-. P- r.f5.AF17:;“2E - :7• 1.ie '4 k• ;'4, -.2 'f, IL V - 1 -0i "- :\•-• °: 3 3 11 i; i ' 2 ..; tr- 4. '54'i° 7a - i',1 - f', K,r. .- •-, — ..2 1 z - -- s—i 1.1-av • ,1- Rita .- , 3=- 4 -7' "--- 7,...- ° Li 2 " 6A.P.r, P.' * *. > i ' ,F, 2 • A 6,01 ...., , ' hiri 41 .'''.. '''' ' •A 1 ih!: s PPE AEI 31-3;.. g L.--• E p- 1 A . 'f55- . -5•••:, .t-... ; idil t:ifg ig4 i z •I' H Ill .2§ -- 7.,., 1 124 Or Lamp,Rynearson&Associates,Inc. WWWIRA-INC.COM FINAL 14710 West Dodge Road,Suite 100 erasa (Ph) 402496.2498 M 71 l I 1 1 g ' llq I i 1..b PLAT Omaha,Nbk68154-2027 (Fax)402 496.2730 II L-• "/ 4, C STREET ACRES REPLAT 2 (Lot 1) Douglas County, Nebraska . ..._ W E in q El 160r Waogm o H N mW d' WrnOlolnraoao 0) 0o01H W H z w m 4 U cn X m r4 M M U V' V' d' V' R; V' (i,' V' U V' H V' e-I V' U V' FC U1 ix in a U H H O W O O O O O O O o 0 O O O O O O O W 4 H O U) O O O O O O 0 O O O O 0 O O O 0 U) I 1 alzal � a AA O WE ooOECoOE0 W HOENOMOr' oln = Cor.CNFioo = r.Go1 = . ou] HONOM4 d' O ,Z W H U H H 0 H N Q N U H N 0 N U N H N CO N L1 N PC N U) W N U) W co a' M U M U M W M U] H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O a H 0 0 O 0 0 0 0 0 0 0 Cn O O O O O o 0 OH 0 HOAHd1 'Zoz 07 W r -InOaInOaa3Oa0Oad1H O 'Z H H CO H O1 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O EXHIBIT C - PAGE 2 benesch engineers•scientists•planners Mr. Tom Kellogg,P.E. March 10,2011 Page Two Task.2—Waters of the US Delineation:Report Findings from Task 1 will be documented hi a WUS Delineation Report that will include the following:: • Discussion of desktop.analysis • Methods of investigation • Documentation of wetland characteristics on COE Data Forms • Documentation of stream characteristics • Digital photographs of investigation area and all delineated WUS, including wetlands and waterways • WUS delineation map on currently available aerial photography that shows data points, photo points, and WUS boundary. • Brief discussion of each wetland or waterway, including jurisdictional status. It should be noted that Non-Relatively Permanent Waterways (RPW) and/or abutting wetlands require a signification nexus determination which is above and beyond the scope of this investigation. Task 3—Jurisdictional Determination Benesch will submit WUS determination report to the Corps of Engineers and request a Jurisdictional Determination. The task includes phone correspondence and one meeting with the COE at the Nebraska Regulatory Office. EXCLUSIONS Non-traditional delineation techniques employed to determine the wetland boundary, such as, using historical aerial photographs or soil borings or other services,such as,preparation of Section 404 permit application; additional regulatory agency.meetings (COE and/or other regulatory agencies), either on- site or off:site, involving Benesch at the request of the agency and/or client, are considered beyond the scope of this proposal, Benesch can prepare a proposal for these additional services upon request. SCHEDULE Once in receipt of the signed agreement, Field work will be completed at the start of the growing season, which is typically around April 15.. The Report will be submitted to you within three(3)weeks of the completion of field activities. Draft copies of the report can be provided to you if needed upon your request. FEES Benesch proposes a lump sum fee of $3,500 to complete these services. We hope you will look favorably on this proposal. ys will also be documented. Benesch will delineate the WUS boundary according to the above referenced COE delineation manual and COE guidance on waterway boundaries. Benesch will survey wetland sample points, photo stations and the WUS boundary with a Trimble® Geo-XT sub-meter accuracy hand-held.GPS unit or equivalent device if waterways have an Ordinary High Water Mark. a. Review soil materials proposed for use as structural fill as needed, and run laboratory tests to determine the soil description and compaction characteristics of fill materials found on and off site as required by the geotechnical report's recommendations, or project related information. b. TG shall provide an engineering technician to observe the placement of embankment fill on an as requested basis. Our technician would run field density tests to document the quality of the fill and help us evaluate compliance with the project specifications. c. TG shall provide an engineering technician to run field density tests to document the quality of the pipe bedding and trench backfill and help us evaluate compliance with the project specifications. Field samples will be obtained for laboratory gradation testing. The project manager will report the test results and \\SRV13Wctive Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc l be provided to the City of Omaha \\SRV13\Active Proposals\711-090 Omaha 78th St Improvements\Admin\2011-03-30 Exhibit B Final Scope.doc •52 225-` 22 01. 5,•uW,2"4 "'' Iz I E._ ' ' " - - 4-•••-•,, --- '6- fft EP. ;g -7.--f F,,,`, -',-. P- r.f5.AF17:;“2E - :7• 1.ie '4 k• ;'4, -.2 'f, IL V - 1 -0i "- :\•-• °: 3 3 11 i; i ' 2 ..; tr- 4. '54'i° 7a - i',1 - f', K,r. .- •-, — ..2 1 z - -- s—i 1.1-av • ,1- Rita .- , 3=- 4 -7' "--- 7,...- ° Li 2 " 6A.P.r, P.' * *. > i ' ,F, 2 • A 6,01 ...., , ' hiri 41 .'''.. '''' ' •A 1 ih!: s PPE AEI 31-3;.. g L.--• E p- 1 A . 'f55- . -5•••:, .t-... ; idil t:ifg ig4 i z •I' H Ill .2§ -- 7.,., 1 124 Or Lamp,Rynearson&Associates,Inc. WWWIRA-INC.COM FINAL 14710 West Dodge Road,Suite 100 erasa (Ph) 402496.2498 M 71 l I 1 1 g ' llq I i 1..b PLAT Omaha,Nbk68154-2027 (Fax)402 496.2730 II L-• "/ 4, C STREET ACRES REPLAT 2 (Lot 1) Douglas County, Nebraska . ..._ W E in q El 160r Waogm o H N mW d' WrnOlolnraoao 0) 0o01H W H z w m 4 U cn X m r4 M M U V' V' d' V' R; V' (i,' V' U V' H V' e-I V' U V' FC U1 ix in a U H H O W O O O O O O O o 0 O O O O O O O W 4 H O U) O O O O O O 0 O O O O 0 O O O 0 U) I 1 alzal � a AA O WE ooOECoOE0 W HOENOMOr' oln = Cor.CNFioo = r.Go1 = . ou] HONOM4 d' O ,Z W H U H H 0 H N Q N U H N 0 N U N H N CO N L1 N PC N U) W N U) W co a' M U M U M W M U] H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O a H 0 0 O 0 0 0 0 0 0 0 Cn O O O O O o 0 OH 0 HOAHd1 'Zoz 07 W r -InOaInOaa3Oa0Oad1H O 'Z H H CO H O1 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O EXHIBIT C - PAGE 3 44. benesch engineers scientists.planners Mr. Tom Kellogg, P.E. March 10,2011. Page Three If you accept this proposal; please sign and date the attached Consulting Services Agreement where indicated and return.to Benesch. Benesch will execute and submit one copy for your files. Our receipt of the signed agreement will constitute the"notice to proceed. If you have questionsabout any aspect of this proposal,please.do not hesitate to contact me.at 402.333.5792 or by email at arniller(a benesch.com. • Sincerely, Andre iller Project Manager . 0 112 362 52 52 1156 Hourly Rate $130.00 $125.00 $69.00 $59.00 $125.00 Amount $0.00 $14,000.00 $24,978.00 $3,068.00 $6,500.00 $48,546.00 5083(6) Exhibit "A" Control No. 22437 . EXHIBITC - PAGE4 4. enginbene.sch• scientists.plan ners GENERAL CONDITIONS SECTION I-SERVICES BY CONSULTANT 2.2.3 Overtime Rates The basis for payment to CONSULTANT for each hour 1.1 General worked in excess of forty(40)hours in any calendar week. CONSULTANT shall provide services under this shall be the applicable hourly rate as specified In AGREEMENT only upon request of the CLIENT,and only ATTACHMENT B. to the extent defined and required by the CLIENT. These services may include the use of outside services, outside 2.3 Payment for DirectExpenses testing laboratories,and special.equipment. 2.3.1 Payment Attachments to this AGREEMENT are as follows: For Direct Expenses incurred by CONSULTANT,payment ATTACHMENT A:Scope of Services and Fee Estimate to CONSULTANT by the CLIENT shall be in accordance ATTACHMENT B:Schedule.of Unit Billing Rates. with CONSULTANT's Schedule.of Unit Rates, which is ATTACHMENT C:Other Attachments,if any. identified, .attached to, and. made a part of this or AGREEMENT.as ATTACHMENT B. EXHIBIT A:Work Authorization specifying the Method of 2.3.2 Direct Expenses Payment,Scope.and Fee. For the purposes of this AGREEMENT, Direct.Expenses to be contracted and managed by CONSULTANT and 1.2 Scope of Services and Fees payable by CLIENT to CONSULTANT shall include: The services to be performed by CONSULTANT and the Outside Services including the services and reimbursable associated fee are attached hereto and made a part of expenses for firms other than CONSULTANT which are this AGREEMENT as ATTACHMENT A or using EXHIBIT necessary for the work the CONSULTANT is directed to A, serially numbered Work Authorizations, and shall be perform; Laboratory Tests and related reports necessary performed by the CONSULTANT in accordance with the for the work the CONSULTANT is directed to perform, CLIENT's requirements. It is mutually understood that either by the CONSULTANT or by an outside service for CONSULTANT'S fee is not a firm contractual amount the CONSULTANT; Special Equipment expenses except the total fee by the CONSULTANT shall not be including the costs of the CONSULTANT locating, exceeded unless authorized in writing by the CLIENT, acquiring, leasing, or renting any equipment or facilities The intent of .the Scope of Services Is to identify the ' not currently owned,leased, or rented by CONSULTANT services to be provided by CONSULTANT. However,it is at the time of the request for services which are specifically understood that by written notice to necessary to enable CONSULTANT 'to provide the, CONSULTANT, CLIENT can decrease or, with services requested; vehicles furnished by CONSULTANT concurrence of CONSULTANT, increase the Scope of for CONSULTANT's authorized travels and for Services. CONSULTANT's field personnel; Per Diem expense or actual costs of maintaining CONSULTANT's field SECTION II-PAYMENTS TO CONSULTANT personnel'on or near the Project site,for each day of field assignment away from CONSULTANTS office;and Other 2.1 Method of Payment Direct Expenses associated with all services provided Payment for CONSULTANT'S personnel services and hereunder and identified in ATTACHMENT B. direct expenses shall be based on the Method of Payment 2.4.Payment Conditions which is identified on the signature page to this 2.4.1 CONSULTANT shall submit monthly AGREEMENT or using EXHIBIT A, serially numbered invoices'Elk personnel services and :direct expenses Work Authorizations,attached hereto,and made a part of under. this AGREEMENT and a final invoice upon this AGREEMENT. completion`of services. 2;4.2 Invoices are due and payable upon receipt 2.2 Payment for Personnel Services by CLIEtInterest-at a rate of 1.5% per month, or the 2.2.1 Payment maximum allowed by law,will be charged on all past due Payment-Er-the services rendered by CONSULTANT's amounts starting thirty (30) days after date of invoice: personnel shall be based on the hours of chargeable time Payments will first be credited to interest and then to and'in accordance with CONSULTANTs Schedule of Unit principal. Rates, which is Identified, attached hereto, and Made a 2.4.3 In the event of a disputed or contested part of this AGREEMENT as ATTACHMENT 11 invoice, only that portion so contested will be.withheld 2.2.2 Chargeable Time from payment and the CLIENT will pay the undisputed Charges Ie time for CONSULTANTS personnel is that. portion. No interest will accrue on any reasonably Onion of their time devoted to providing services: contested portion of the invoice until mutually resolved. requested by CLIENT;from Chargeable time for field 2.4.4 If CLIENT fails to make payment in full to ersonnel located away CONSULTANT's office for PCONSULTANT within sixty(60)days after the d to of the more than one week is a m inimum of eight hours per day undisputed Invoice, CONSULTANT may, after giving and five days per calendar week, except for federally seven (7) days' written notice to CLIENT; suspend declared legal holidays or during anemployee's:sick leave services under this. AGREEMENT until paid in full, or vacation time: Travel time from CONSULTANT'S office including interest. CONSULTANT shall have no liability to to an assigned work site, and return to CONSULTANTS CLIENT for delays or damages caused by such office, is chargeable time; or if more economical for suspension of services. CLIENT agrees to pay all costs CLIENT, CONSULTANT shall lodge its personnel of collection, including reasonable attorneys fees, overnight near the work site in lieu of traveling back to incurred by CONSULTANT as a result of CLIENT's failure CONSULTANT's office at the end of each work day. to make payments In accordance with•this AGREEMENT. Std S Client Agree September 2010 O In O rl H W N U) N U) r1 FC r r.G O1 O 10 W 1O H O H O H 10 H O q • H Ix • r.4 • . q . Z . SC . X • • H • H . . x • H () • EA0 • HCD • EA0 • Ili! O H --,0 O N Ol O FC O H O HO el U el U In U 10 Qi WE4 W W O H H 44 04 N 404 N 4 Z N 4 Z O Cr) 0 H V) MHO W NHOpn C) CO OH OHOHO HOH O aH KC H H riZ HHZHHZH MU W O N O I.7 pi0> N M `r M W O O O 44 O 44 O 04 O CA O U) O U O Z O H H O H H O H H O H H O H a z q O H r O r o4 r W 44 a 44 0 44 44 L+ 44 G4 44 W FC W FC H FC H 44 Sn .0C FC co r0C 44 �l 01 FC W 00C FC a CO E [4 a 4 �l rG rC q q x E 0 E 0 z 0 E C) a O W E N O M W d1 J In H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O . EXHIBIT C — PAGE 5 . benesch engineers-scientists•planners • 2.4 5 The billing rates specified in 4.3 Successors and Assigns ATTACHMENT 13 for subsequent years shall be adjusted 4.3.1 CLIENT and CONSULTANT each binds annually in accordance with CONSUL-TANTs costs of itself •and its partners, successors; executors; doing business, subject to CLIENTs review and administrators,,assigns, and legal representatives to the concurrence. other,party to this AGREEMENT and to the partners,' • successors, executors, administrators, assigns, and legal representatives of such other party in respect'to all SECTION III-Term of Agreement covenants, agreements, and obligations of this AGREEMENT. 3.1 Term 4;3:2 Neither CONSULTANT nor CLIENT shall 'CONSULTANT's obligations to perform under this assign or;transfer any rights under or interest in(including. AGREEMENT'shall extend from the date of execution until but without limitation, moneys that may become due or terminated by either party. moneys that are due) this AGREEMENT without the written consent of the other•party; except as stated in 3.2 Abandonmentof Work paragraph 4:3.1 and except to the extent that the effect of CLIENT shall have the absolute right to abandon any work this limitation may be restricted 'by law. Unless requested hereunder or to change the general scope of specifically:stated to the contrary In any written consent to the work at any time.and such action on its part shall:in an,assignment, no assignment will release or discharge. no event be deemed a breach of contract. the,assignor from.any duty or responsibillty under this AGREEMENT. Nothing contained:in this paragraph shall 3:3 Termination of AGREEMENT prevent CONSULTANT from employing such independent This AGREEMENT may be;terminated for convenience on consultants; associates, and subconsultant's as it may thirty (30) days written notice or for cause if either party deem appropriate to assist in the performance of services fails substantially to perform through no fault of the other hereunder. and does not commence and nlake a,continuing:effort:to 4.3:3 Nothing herein shall be construed to give effect correction of such non-performance within seven(7) any rights dr benefits hereunder;to any one other than days of writien notice. CLIENT-:and CONSULTANT except,as.otherwise provided herein. . 3.4 Pa ent• for Work Upon Abandonment or AGREE NT Termination 4.4 Compliance with aw If CLIEN abandons,requested work or terminates this 4.4:1, CONSULTANT shall comply with, and AGREEMENT, CONSULTANT shall be paid on the basis cause its subconsultants to comply with, applicable of work completed to the date of abandonment or effective Federal, state, and local laws, orders, rules, and date of termination. CONSULTANT shall perform no regulations relating 'to the performance of the services activities other than reasonable wrap-up activities after CONSULTANT isto perform under this AGREEMENT. receipt of notice'of abandonment or termination. Payment 4:2 Neither. the CONSULTANT nor the for the work shall be as established under Section II. CONSULTANT's agents or employees shall discriminate against any employee or applicant for employment to be SECTION IV-General Considerations employed In'the performance of.this AGREEMENT with respect to.hiring,tenure,terms,conditions,or privileges of 4:1 Assignment and ResponsibiHt�rfor Personnel employment, 'because of race, color, religion, sex, or 4.i:1 The assignment of personnel and all national origin. phases IT—the undertaking of the services which 4;5 Ownership.and Reuse of Documents CONSULTANT shall provide hereunder shall be subject to 4.5:1 •All.-drawings; specifications, lest reports,_ the oversight and general guidance of CLIENT. and othermaterlals and work products which have been 4:1 2 While upon the premises ofCLIENT or prepared• or furnished by CLIENT prior to this property under its control; all employees, agents, and AGREEMENT shall remain CLIENTS property. CLIENT subconsultants of CONSULTANT' shall be subject to shall make available to CONSULTANT copies of these CLIENT's rules and regulations:respecting its property materials as necessary for the CONSULTANT to perform and the conduct of Its employees thereon: the services requested hereunder:. 4.1:3 However;it is understood and agreed that .4.5.2 'All drawings, specifications, test reports, in the perRomtance of the work and obligations hereunder, and other materials and work: products, `including CONSULTANT shall be and remain an independent computer aided drawings,designs,and other data filed on Consultant and that the employees, agents or electronic media which wnll,be prepared or furnished by subconsultants of CONSULTANT shall not be considered CONSULTANT (and CONSULTANTs independent. employees of or.subject•to the direction and control of professional associates and subconsultants) under this CLIENT. •CONSULTANT shell be responsible for the AGREEMENT,are:instruments of service in respect to the supervision and performance of all subconsultants Which project:and:CONSULTANT shall retain an ownership and are to perform hereunder, property interest therein whether or-not.the Project is 4 2'Insurance completed. CLIENT may make, and retain copies-for 4:2.1 CONSULTANT shall furnish CLIENT a information and reference in connection'with the.use and certificate ofnsurance upon request showing amounts the occupancy:of the Projectensby CLIENT taen others;or andtypes of insurance carried CONSULTANT,which however, such documents are not intended d others Y represented to be suitable for reuse by CLIENT or others certificate shall contain a commitment.by the Insurance on extensions of the Project or on any other project. Company that during the time any work Is being Further,,:CONSULTANT makes no warranty 'as to'the performed.by CONSULTANT under this AGREEMENT it compatibility of computer data files with computer will give CLIENT ten (10) days' advance.notice of software and software:releases other'than that used by cancellation or change in the insurance coverage shown CONSULTANT in performing services'herein, and'to the on such certificates. condition or availability of the computer data after an . acceptance period of thirty (30) days from delivery to. Std S Client Agree September 2010 H 10 r 0 O rr. 01 -13. O .12 rH W N W M cr U1 0 H 10 O H r O H Co O H of W Z w In E In a in o In U] U1 a In a in H In H 10 H w a 10 a 10 > ID a W U a 10 U a w U 0 1D CJ a 10 co HE-1 O O O O O O O O O O O O O O O O O O a H O O O O O 0 O O O O O O O O o O O O EXHIBITC - PAGE6 . iiif-.-" benesch engineers•scientists•planners CLIENT. Any reuse without written verification or safety deficiencies of the construction contractor or other adaptation by CONSULTANT for the specific purpose entity or any other persons at the site except Intended will be at CLIENTs sole risk and without liability CONSULTANTs own personnel. or legal exposure to CONSULTANT or to CONSULTANT'S 4.9.2 The presence of CONSULTANTs Independent professional associates or subconsultants, personnel at a construction site is for the purpose of and CLIENT shall indemnify •and hold harmless providing to CLIENT a greater degree of confidence that CONSULTANT and CONSULTANT'S independent the completed work will conform generally to the project professional associates and subconsultants from all documents and that the integrity of the design concept as claims, damages, losses, and expenses including reflected in the project documents has been implemented attorneys' fees arising out of or resulting therefrom. Any and preserved by the contractor(s). CONSULTANT such verification or adaptation will entitle CONSULTANT neither guarantees the performance of the contractors) to further compensation at rates to be agreed upon by , nor assumes responsibility for contractor(s)' failure to CLIENT and CONSULTANT. perform 'their work in accordance with the project documents. 4.6 Severability If any of'the•provisionscontained in this AGREEMENT are 4.10 Opinions of.Cost, Financial Considerations,and 'held foranyreason to be invalid,illegal,or unenforceable Schedules in any respect, such invalidity, illegality, or In providing opinions of cost,financial analyses,economic. unenforceability will not affect any other provision, and feasibility projections, and schedules for the Project, the this AGREEMENT shall be construed as if such invalid, CONSULTANT has no control over the cost of labor, illegal, or unenforceable provision had never been materials, equipment, or services furnished by others, or contained herein. over the Contractor(s)'methods of determining prices, or over. competitive bidding or market conditions. 4.7 Location of Unde ground,Utilities CONSULTANT's opinions of probable Total Project Costs It shall be the CLIENT's responsibility to locate and and Construction Costs provided for herein as appropriate physically mark all underground utilities and structures are made on the basis of CONSULTANTs experience and which lie within the work area prior to the start of qualifications and represent CONSULTANTs judgments subsurface investigations. If the CLIENT elects not to as an experienced and qualified professional consultant assume this responsibility, CLIENT shall notify familiar with the construction industry. CONSULTANT CONSULTANT and shall compensate CONSULTANT for makes no warranty that the CLIENTS actual:Total Project all costs associated with locating and physically marking or Construction Costs, financial aspects, economic said underground utilities and structures according to feasibility, or schedules will not vary from the CONSULTANT's project billing rates, over and above the CONSULTANTs opinions, analyses, projections, or estimated project fee. CLIENT shall indemnify and hold estimates. If CLIENT wishes greaterassurance as to any CONSULTANT harmless from any damages and delays element of the Total Project or Construction cost, resulting from unmarked , or improperly marked feasibility, or schedule, CLIENT will employ an underground utilities and structures. For reasons of Independent cost estimator, contractor, or other safety, CONSULTANT will not begin work until this has appropriate advisor. been accomplished. 4.11 Disposition of Samples and Equipment 4.8 Subsurface investigations 4.11.1 Disposition of Samples In soils, foundation, groundwater; and other subsurface No samples and/or materials will be kept by • investigations, the .actual characteristics might vary CONSULTANT longer than thirty (30) days after significantly between,successive test points and sample submission of the final report unless agreed otherwise. intervals and at locations other than where observations, 4.11.2 Hazardous or Potentially Hazardous exploration, and investigations have been made. Samples and'Materials Because of the inherent uncertainties in subsurface In the event that samples and/or materials contain or are evaluations, changed or unanticipated underground suspected to contain: substances or constituents conditions may occur that could affect Project cost and/or hazardous or detrimental to health, -safety, or the execution: These conditions and cost/execution effects environment'as defined by federal,state,or local statutes, are not the responsibility of the.CONSULTANT. regulations, or ordinances, CONSULTANT will, after completion of testing, return such'samples and materials 4.9 CONSULTANTS Personnel at Project Site to CLIENT, or have:the samples and materials disposed 4.9.1 The presence or duties of the of in accordance with CLIENT's directions and all CONSULTANT personnel et a: Project site, whether as applicable laws. CLIENT agrees to pay all costs onsite representatives or otherwise, do not make the associated with the storage,transportation, and disposal CONSULTANT or its personnel in any way responsible for of samples and materials: CLIENT recognizes and those duties that belong to the CLIENT and/or the agrees that CONSULTANT at no time assumes Otte to construction contractors or other entities, and do not said samples and 'materials, and shall have no relieve the construction contractors or any other entity of responsibility as a handler, 9enerator., operator, their obligations,duties,and responsibilities;including,but transporter,or disposer of said samples and materials. not limited to, all construction methods, means, 4:11.3 Contaminated Equipment techniques, sequences, and procedures necessary for All laboratory and field equipment contaminated in coordinating and completing all portions of the CONSULTANT's performance of services will be cleaned. construction Work in accordance with the project at CLIENTs a xpense: Contaminated consumables will be documents and any health or safety.precautions required disposed of and replaced at CLIENT's expense: by such construction work. The CONSULTANT and its Equipment (including tools) which cannot be reasonably personnel have no authority to exercise any control over decontaminated shall become the property and any construction contractor or other entity or their responsibility of CLIENT. At CLIENTS expense, such employees in connection with their work or any health or equipment shall be delivered to CLIENT,or disposed of in safety precautions and have no duty for inspecting, the same manner specified in 4.11.2 above. CLIENT noting, observing, correcting, or reporting on health or agrees to pay CONSULTANT the fair market value of any Std S Ciiet Agree September 2010 EXHIBIT C - PAGE 7 benesch engineers scientists ent sts planners such equipment• which, cannot reasonably be 5.3 No Special Or Consequential Damages decontaminated and is delivered to CLIENT pursuant to CLIENT and CONSULTANT agree that to the fullest this AGREEMENT. extent permitted by law CONSULTANT shall not be liable to CLIENT for any special, indirect, or consequential 4.12 Discovery of Unanticipated Pollutant and damages whatsoever, whether caused by Hazardous Substance Risks CONSULTANT's negligence, erruis, omissions, strict 4.12.1 If CONSULTANT, while performing the liability, .breach of contract, breach of warranty, or other services,-c iscovers pollutants and/or hazardous cause or causes. substances that pose unanticipated risks, it is hereby agreed that the scope of services, schedule, and the .5.4. Indemnification estimated cost of CONSULTANTS services will be 70 the fullest extent permitted by law,CLIENT agrees to reconsidered and that this AGREEMENT shall defend, indemnify, and hold CONSULTANT, its agents, immediately become subject to renegotiation or subconsultants, and employees harmless from and termination. against any and all claims; damases, losses and 4.12.2 Ih the event that the AGREEMENT is expenses, defense costs including attorneys' fees, and terminated:because of the discovery of pollutants and/or court arbitration costs and other liabilities arising out of or hazardous substances.posing unanticipated risks, it is resulting from, wholly or in .part, the performance of agreed that CONSULTANT shall be paid for its total CONSULTANT'S services hereunder, including the charges for labor performed and reimbursable charges transport or disposal of hazardous samples or • incurred to the date of termination of this AGREEMENT, contaminated equipment by CONSULTANT on behalf of including, if necessary, any additional labor or CLIENT,'or*the presence, release; or threatened release reimbursable charges incurred in demobilizing: of asbestos, hazardous substances, or pollutants on or 4.12.3 CLIENT also agrees that the discovery of from the project property;provided that CLIENT shall not unanticipated pollutants and/or hazardous substances indemnify CONSULTANT against liability for damages or may make it necessary. for CONSULTANT to take expenses to the extent caused by•the negligence of immediate measures to protect health and safety. CONSULTANT,its�agents,subcontractors,or employees. CONSULTANT agrees to notify CLIENT "es soon as, practically possible should unanticipated pollutants and/or 5.5 No Third Party Beneficiaries. hazardous substances: be suspected or :encountered. CLIENT and CONSULTANT expressly agree that CLIENT authorizes CONSULTANT to take measures that AGREEMENT does not confer upon any third party any in CONSULTANTS sole judgment are justified to preserve rights as beneficiary to this AGREEMENT. and protect the health and safety of CONSULTANT'S CONSULTANT accepts no responsibility for damages, if personnel and the public. CLIENT agrees to compensate any, suffered by any third party as the result of a third CONSULTANT for the additional cost of taking such party's use of the work product, including reliance, additional precautionary measures to protect:employees' decisions,Or any other action taken based upon it. k and the public's hearth and safety. This section is not intended to impose.upon CONSULTANT any duties or CLIENT agrees.that CONSULTANTS services and work obligations other r than those imposed by law. products are for the exclusive present use of CLIENT. CLIENT agrees that CONSULTANTs compliance with any SECTION V-Professional Res ontibili request by CLIENT to address-or otherwise,release any p ty portion of the work product to a third party shall not 5.1 Perfv�rronce of Services modify rescind,waive,'or otherwise alter provisions of this CONSULTANT will strive to perform services under this AGREEMENT is n an it create or confer any third party beneficiary rights on any third party. AGREEMENT in a manner consistent with that level of care and skill "ordinarily exercised by members of the profession currently practicing in the same locality under SECTION VI-Governing Law similar.conditions. No other representation, express or • implied,:and no warranty or'guarantee is included or This AGREEMENT is to be governed by the laws of the intended in this AGREEMENT, or in any report, opinion, State of Illinois. document,orotherwise. 5.2 Limitation Of Liability CLIENT and CONSULTANT agree to allocate certain of the risks.so that, to:the':fullest extent permitted by law, CONSULTANTS'total"Iiatiirty to CLIENT is limited to $50,000 or CONSULTANT's fee whichever is greater,this being the.CLIENT'S sole,and exclusive remedy for any and all injuries, damages, claims, losses, expenses, or Claim expenses (including attorney's fees) arising out.of this AGREEMENT from any cause or causes. Such causes include, but are not limited to, CONSULTANT's negligence, errors, omissions, strict liability, breach of contract;or breach of warranty. CLIENT understands,that dollar limits higherthan that indicated above are available. If CLIENT wishes to-discuss these other limits and their impact on CONSULTANTS fee, CLIENT. should contact CONSULTANT prior to executing this.AGREEMENT. Std S Clicnt Agree Septeniber20i0 ials: CLIENT recognizes and those duties that belong to the CLIENT and/or the agrees that CONSULTANT at no time assumes Otte to construction contractors or other entities, and do not said samples and 'materials, and shall have no relieve the construction contractors or any other entity of responsibility as a handler, 9enerator., operator, their obligations,duties,and responsibilities;including,but transporter,or disposer of said samples and materials. not limited to, all construction methods, means, 4:11.3 Contaminated Equipment techniques, sequences, and procedures necessary for All laboratory and field equipment contaminated in coordinating and completing all portions of the CONSULTANT's performance of services will be cleaned. construction Work in accordance with the project at CLIENTs a xpense: Contaminated consumables will be documents and any health or safety.precautions required disposed of and replaced at CLIENT's expense: by such construction work. The CONSULTANT and its Equipment (including tools) which cannot be reasonably personnel have no authority to exercise any control over decontaminated shall become the property and any construction contractor or other entity or their responsibility of CLIENT. At CLIENTS expense, such employees in connection with their work or any health or equipment shall be delivered to CLIENT,or disposed of in safety precautions and have no duty for inspecting, the same manner specified in 4.11.2 above. CLIENT noting, observing, correcting, or reporting on health or agrees to pay CONSULTANT the fair market value of any Std S Ciiet Agree September 2010 EXHIBIT C - PAGE 8 Tramp, Ned A. (PWks) From: Tom Kellogg [tkellogg@v-k.net] Sent: Thursday, March 17, 2011 1:44 PM To: Tramp, Ned A. (PWks); Mike McIntosh; Emily.Holtzclaw@CH2M.com; Bob Veenstra Subject: [Fwd: RE: [Fwd: RE: Aksarben Wetlands Delineation Proposal]] Message Original e e g Subject:RE: [Fwd: RE: Aksarben Wetlands Delineation Proposal] • Date:Thu, 17 Mar 2011 18:41:57+0000 From:Miller, Andy<AMiller@benesch.com> To:Tom Kellogg<tkellogg@v-k.net> All, I understand the additional request to complete under our proposal. Thanks. Andy Miller Sent from my Verizon Wireless Phone From: Tom Kellogg <tkello•g@v-k.net> Sent: Wednesday, March 16, 2011 1:19 PM To: Miller, Andy <AMiller@benesch.com> Subject: [Fwd: RE: Aksarben Wetlands Delineation Proposal] Andy-the City is not requiring you to revise your cost proposal, however they would like you to respond to this email, so they know you are aware of the below modification to your scope of work.Thanks. Original Message Subject:RE: Aksarben Wetlands Delineation Proposal Date:Wed, 16 Mar 2011 09:55:15-0500 From:Mike P. McIntosh<Mike.Mclntosh@LRA-INC.com> To:Tramp, Ned A. (PWks)<Ned.Tramp@ci.omaha.ne.us>,Tom Kellogg<tkellogg@v-k.net>, Bob Veenstra <bveenstra@v-k.net> CC:<Emily.Holtzclaw@CH2M.com> References:<691F422COCAF9043B5DB3359023DD26D092D9EBC@dotclabexc01.oma.dotcomm.org> Bob, . In addition to Ned's comments below on the wetland delineation proposal, please also add time for a meeting to present the results to the City/Project Team/PMT for discussions prior to finalizing the work. Also, please let Benesch know that we are assuming the Corp will consider this site to have a significant nexus. Michael P. McIntosh, P.E., C.F.M. 402.496.2498 1 ormed and reimbursable charges transport or disposal of hazardous samples or • incurred to the date of termination of this AGREEMENT, contaminated equipment by CONSULTANT on behalf of including, if necessary, any additional labor or CLIENT,'or*the presence, release; or threatened release reimbursable charges incurred in demobilizing: of asbestos, hazardous substances, or pollutants on or 4.12.3 CLIENT also agrees that the discovery of from the project property;provided that CLIENT shall not unanticipated pollutants and/or hazardous substances indemnify CONSULTANT against liability for damages or may make it necessary. for CONSULTANT to take expenses to the extent caused by•the negligence of immediate measures to protect health and safety. CONSULTANT,its�agents,subcontractors,or employees. CONSULTANT agrees to notify CLIENT "es soon as, practically possible should unanticipated pollutants and/or 5.5 No Third Party Beneficiaries. hazardous substances: be suspected or :encountered. CLIENT and CONSULTANT expressly agree that CLIENT authorizes CONSULTANT to take measures that AGREEMENT does not confer upon any third party any in CONSULTANTS sole judgment are justified to preserve rights as beneficiary to this AGREEMENT. and protect the health and safety of CONSULTANT'S CONSULTANT accepts no responsibility for damages, if personnel and the public. CLIENT agrees to compensate any, suffered by any third party as the result of a third CONSULTANT for the additional cost of taking such party's use of the work product, including reliance, additional precautionary measures to protect:employees' decisions,Or any other action taken based upon it. k and the public's hearth and safety. This section is not intended to impose.upon CONSULTANT any duties or CLIENT agrees.that CONSULTANTS services and work obligations other r than those imposed by law. products are for the exclusive present use of CLIENT. CLIENT agrees that CONSULTANTs compliance with any SECTION V-Professional Res ontibili request by CLIENT to address-or otherwise,release any p ty portion of the work product to a third party shall not 5.1 Perfv�rronce of Services modify rescind,waive,'or otherwise alter provisions of this CONSULTANT will strive to perform services under this AGREEMENT is n an it create or confer any third party beneficiary rights on any third party. AGREEMENT in a manner consistent with that level of care and skill "ordinarily exercised by members of the profession currently practicing in the same locality under SECTION VI-Governing Law similar.conditions. No other representation, express or • implied,:and no warranty or'guarantee is included or This AGREEMENT is to be governed by the laws of the intended in this AGREEMENT, or in any report, opinion, State of Illinois. document,orotherwise. 5.2 Limitation Of Liability CLIENT and CONSULTANT agree to allocate certain of the risks.so that, to:the':fullest extent permitted by law, CONSULTANTS'total"Iiatiirty to CLIENT is limited to $50,000 or CONSULTANT's fee whichever is greater,this being the.CLIENT'S sole,and exclusive remedy for any and all injuries, damages, claims, losses, expenses, or Claim expenses (including attorney's fees) arising out.of this AGREEMENT from any cause or causes. Such causes include, but are not limited to, CONSULTANT's negligence, errors, omissions, strict liability, breach of contract;or breach of warranty. CLIENT understands,that dollar limits higherthan that indicated above are available. If CLIENT wishes to-discuss these other limits and their impact on CONSULTANTS fee, CLIENT. should contact CONSULTANT prior to executing this.AGREEMENT. Std S Clicnt Agree Septeniber20i0 ials: CLIENT recognizes and those duties that belong to the CLIENT and/or the agrees that CONSULTANT at no time assumes Otte to construction contractors or other entities, and do not said samples and 'materials, and shall have no relieve the construction contractors or any other entity of responsibility as a handler, 9enerator., operator, their obligations,duties,and responsibilities;including,but transporter,or disposer of said samples and materials. not limited to, all construction methods, means, 4:11.3 Contaminated Equipment techniques, sequences, and procedures necessary for All laboratory and field equipment contaminated in coordinating and completing all portions of the CONSULTANT's performance of services will be cleaned. construction Work in accordance with the project at CLIENTs a xpense: Contaminated consumables will be documents and any health or safety.precautions required disposed of and replaced at CLIENT's expense: by such construction work. The CONSULTANT and its Equipment (including tools) which cannot be reasonably personnel have no authority to exercise any control over decontaminated shall become the property and any construction contractor or other entity or their responsibility of CLIENT. At CLIENTS expense, such employees in connection with their work or any health or equipment shall be delivered to CLIENT,or disposed of in safety precautions and have no duty for inspecting, the same manner specified in 4.11.2 above. CLIENT noting, observing, correcting, or reporting on health or agrees to pay CONSULTANT the fair market value of any Std S Ciiet Agree September 2010 EXHIBIT D - PAGE 1 Man Sisivans:for Omaha a, ( rr MEMORANDUM OMAHA CSO CONTROL PROGRAM Engineering Services during Construction TO: Ned Tramp FROM: Bob Veenstra Jr.,Veenstra&Kimm, Inc. DATE: March 4,2011 Enclosed are copies of two exhibits setting forth the scope of services and proposed fee for limited engineering services during construction of the Aksarben Village Neighborhood Sewer Separation project. The scope of services and level of effort are modeled after the level of effort in the example that you provided. The scope of services is based on attending five meeting including the preconstruction conference and four subsequent meetings. The agreement includes a total of eight site visits during construction. It is anticipated there would be about six site visits by Veenstra & Kimm, Inc. and two site visits by the Big Muddy Workshop during construction of the Elmwood Diversion. With construction extending over 1-1/2 construction seasons the meetings would be at approximately three month increments and the site visits would be slightly more frequent than every other month. The writer included the estimated time for the CADD as-builts. In the example that you provided the level of CADD as-builts was relatively small, suggesting the as-builts would focus on major changes during construction of the project, and not minor variations. In the Aksarben Village Neighborhood project there are likely to be a number of small changes such as the location of handicap access ramps,that will be incorporated during the project. If the goal of the as-built plans is to incorporate both large and small changes in the plans the writer would like to re-evaluate the level of effort set forth in the enclosed fee. TRAMP ENG SERVICES DURING CONSTRUCTION,3/23/2011 1 OMAHA CSO CONTROL PROGRAM or • incurred to the date of termination of this AGREEMENT, contaminated equipment by CONSULTANT on behalf of including, if necessary, any additional labor or CLIENT,'or*the presence, release; or threatened release reimbursable charges incurred in demobilizing: of asbestos, hazardous substances, or pollutants on or 4.12.3 CLIENT also agrees that the discovery of from the project property;provided that CLIENT shall not unanticipated pollutants and/or hazardous substances indemnify CONSULTANT against liability for damages or may make it necessary. for CONSULTANT to take expenses to the extent caused by•the negligence of immediate measures to protect health and safety. CONSULTANT,its�agents,subcontractors,or employees. CONSULTANT agrees to notify CLIENT "es soon as, practically possible should unanticipated pollutants and/or 5.5 No Third Party Beneficiaries. hazardous substances: be suspected or :encountered. CLIENT and CONSULTANT expressly agree that CLIENT authorizes CONSULTANT to take measures that AGREEMENT does not confer upon any third party any in CONSULTANTS sole judgment are justified to preserve rights as beneficiary to this AGREEMENT. and protect the health and safety of CONSULTANT'S CONSULTANT accepts no responsibility for damages, if personnel and the public. CLIENT agrees to compensate any, suffered by any third party as the result of a third CONSULTANT for the additional cost of taking such party's use of the work product, including reliance, additional precautionary measures to protect:employees' decisions,Or any other action taken based upon it. k and the public's hearth and safety. This section is not intended to impose.upon CONSULTANT any duties or CLIENT agrees.that CONSULTANTS services and work obligations other r than those imposed by law. products are for the exclusive present use of CLIENT. CLIENT agrees that CONSULTANTs compliance with any SECTION V-Professional Res ontibili request by CLIENT to address-or otherwise,release any p ty portion of the work product to a third party shall not 5.1 Perfv�rronce of Services modify rescind,waive,'or otherwise alter provisions of this CONSULTANT will strive to perform services under this AGREEMENT is n an it create or confer any third party beneficiary rights on any third party. AGREEMENT in a manner consistent with that level of care and skill "ordinarily exercised by members of the profession currently practicing in the same locality under SECTION VI-Governing Law similar.conditions. No other representation, express or • implied,:and no warranty or'guarantee is included or This AGREEMENT is to be governed by the laws of the intended in this AGREEMENT, or in any report, opinion, State of Illinois. document,orotherwise. 5.2 Limitation Of Liability CLIENT and CONSULTANT agree to allocate certain of the risks.so that, to:the':fullest extent permitted by law, CONSULTANTS'total"Iiatiirty to CLIENT is limited to $50,000 or CONSULTANT's fee whichever is greater,this being the.CLIENT'S sole,and exclusive remedy for any and all injuries, damages, claims, losses, expenses, or Claim expenses (including attorney's fees) arising out.of this AGREEMENT from any cause or causes. Such causes include, but are not limited to, CONSULTANT's negligence, errors, omissions, strict liability, breach of contract;or breach of warranty. CLIENT understands,that dollar limits higherthan that indicated above are available. If CLIENT wishes to-discuss these other limits and their impact on CONSULTANTS fee, CLIENT. should contact CONSULTANT prior to executing this.AGREEMENT. Std S Clicnt Agree Septeniber20i0 ials: CLIENT recognizes and those duties that belong to the CLIENT and/or the agrees that CONSULTANT at no time assumes Otte to construction contractors or other entities, and do not said samples and 'materials, and shall have no relieve the construction contractors or any other entity of responsibility as a handler, 9enerator., operator, their obligations,duties,and responsibilities;including,but transporter,or disposer of said samples and materials. not limited to, all construction methods, means, 4:11.3 Contaminated Equipment techniques, sequences, and procedures necessary for All laboratory and field equipment contaminated in coordinating and completing all portions of the CONSULTANT's performance of services will be cleaned. construction Work in accordance with the project at CLIENTs a xpense: Contaminated consumables will be documents and any health or safety.precautions required disposed of and replaced at CLIENT's expense: by such construction work. The CONSULTANT and its Equipment (including tools) which cannot be reasonably personnel have no authority to exercise any control over decontaminated shall become the property and any construction contractor or other entity or their responsibility of CLIENT. At CLIENTS expense, such employees in connection with their work or any health or equipment shall be delivered to CLIENT,or disposed of in safety precautions and have no duty for inspecting, the same manner specified in 4.11.2 above. CLIENT noting, observing, correcting, or reporting on health or agrees to pay CONSULTANT the fair market value of any Std S Ciiet Agree September 2010 EXHIBIT D - PAGE 2 EXHIBIT" " SCOPE OF SERVICES OPW 51151 —AKSARBEN VILLAGE NEIGHBORHOOD SEWER SEPARATION PROJECT ENGINEERING SERVICES DURING CONSTRUCTION ADDITIONAL ITEMS OF WORK 1. Attendance at meetings, including the pre-construction meeting: Scope will include attendance at the pre-construction meeting and a maximum of four other meetings related to the construction of the sewer separation work described in the original Agreement. 2. Shop drawing review: Review shop drawings as requested by City staff along with any submitted revisions or updates from the Contractor. 3. Request for Information (RFI) response: Consultant shall submit in a timely manner responses to questions submitted by City staff that are related to the sewer separation plans, specifications, and procedures. 4. Site visits: Scope will include a maximum of eight site visits during construction to address questions or concerns initiated by City staff. 5. Plan change assistance: Consultant shall provide necessary revised and sealed plan sheets or specifications as requested by City staff which are related to the above-described sewer separation project. 6. CADD As-Builts: After the as-built information has been documented by City staff, the Consultant shall update the plan sheets in AutoCad 2009 format(or in a later AutoCad version)to reflect the hand-written plan record information gathered by City staff. Consultant shall provide these revisions to the plan sheets and any updated specification information to the City Contact in electronic format. to re-evaluate the level of effort set forth in the enclosed fee. TRAMP ENG SERVICES DURING CONSTRUCTION,3/23/2011 1 OMAHA CSO CONTROL PROGRAM or • incurred to the date of termination of this AGREEMENT, contaminated equipment by CONSULTANT on behalf of including, if necessary, any additional labor or CLIENT,'or*the presence, release; or threatened release reimbursable charges incurred in demobilizing: of asbestos, hazardous substances, or pollutants on or 4.12.3 CLIENT also agrees that the discovery of from the project property;provided that CLIENT shall not unanticipated pollutants and/or hazardous substances indemnify CONSULTANT against liability for damages or may make it necessary. for CONSULTANT to take expenses to the extent caused by•the negligence of immediate measures to protect health and safety. CONSULTANT,its�agents,subcontractors,or employees. CONSULTANT agrees to notify CLIENT "es soon as, practically possible should unanticipated pollutants and/or 5.5 No Third Party Beneficiaries. hazardous substances: be suspected or :encountered. CLIENT and CONSULTANT expressly agree that CLIENT authorizes CONSULTANT to take measures that AGREEMENT does not confer upon any third party any in CONSULTANTS sole judgment are justified to preserve rights as beneficiary to this AGREEMENT. and protect the health and safety of CONSULTANT'S CONSULTANT accepts no responsibility for damages, if personnel and the public. CLIENT agrees to compensate any, suffered by any third party as the result of a third CONSULTANT for the additional cost of taking such party's use of the work product, including reliance, additional precautionary measures to protect:employees' decisions,Or any other action taken based upon it. k and the public's hearth and safety. This section is not intended to impose.upon CONSULTANT any duties or CLIENT agrees.that CONSULTANTS services and work obligations other r than those imposed by law. products are for the exclusive present use of CLIENT. CLIENT agrees that CONSULTANTs compliance with any SECTION V-Professional Res ontibili request by CLIENT to address-or otherwise,release any p ty portion of the work product to a third party shall not 5.1 Perfv�rronce of Services modify rescind,waive,'or otherwise alter provisions of this CONSULTANT will strive to perform services under this AGREEMENT is n an it create or confer any third party beneficiary rights on any third party. AGREEMENT in a manner consistent with that level of care and skill "ordinarily exercised by members of the profession currently practicing in the same locality under SECTION VI-Governing Law similar.conditions. No other representation, express or • implied,:and no warranty or'guarantee is included or This AGREEMENT is to be governed by the laws of the intended in this AGREEMENT, or in any report, opinion, State of Illinois. document,orotherwise. 5.2 Limitation Of Liability CLIENT and CONSULTANT agree to allocate certain of the risks.so that, to:the':fullest extent permitted by law, CONSULTANTS'total"Iiatiirty to CLIENT is limited to $50,000 or CONSULTANT's fee whichever is greater,this being the.CLIENT'S sole,and exclusive remedy for any and all injuries, damages, claims, losses, expenses, or Claim expenses (including attorney's fees) arising out.of this AGREEMENT from any cause or causes. Such causes include, but are not limited to, CONSULTANT's negligence, errors, omissions, strict liability, breach of contract;or breach of warranty. CLIENT understands,that dollar limits higherthan that indicated above are available. If CLIENT wishes to-discuss these other limits and their impact on CONSULTANTS fee, CLIENT. should contact CONSULTANT prior to executing this.AGREEMENT. Std S Clicnt Agree Septeniber20i0 ials: CLIENT recognizes and those duties that belong to the CLIENT and/or the agrees that CONSULTANT at no time assumes Otte to construction contractors or other entities, and do not said samples and 'materials, and shall have no relieve the construction contractors or any other entity of responsibility as a handler, 9enerator., operator, their obligations,duties,and responsibilities;including,but transporter,or disposer of said samples and materials. not limited to, all construction methods, means, 4:11.3 Contaminated Equipment techniques, sequences, and procedures necessary for All laboratory and field equipment contaminated in coordinating and completing all portions of the CONSULTANT's performance of services will be cleaned. construction Work in accordance with the project at CLIENTs a xpense: Contaminated consumables will be documents and any health or safety.precautions required disposed of and replaced at CLIENT's expense: by such construction work. The CONSULTANT and its Equipment (including tools) which cannot be reasonably personnel have no authority to exercise any control over decontaminated shall become the property and any construction contractor or other entity or their responsibility of CLIENT. At CLIENTS expense, such employees in connection with their work or any health or equipment shall be delivered to CLIENT,or disposed of in safety precautions and have no duty for inspecting, the same manner specified in 4.11.2 above. CLIENT noting, observing, correcting, or reporting on health or agrees to pay CONSULTANT the fair market value of any Std S Ciiet Agree September 2010 EXHIBIT D - PAGE 3 V Vl 03 tO V 0 0 0 tO V t0 CO CO M Y to 4-1 .-1 1.0 N 00 V tO N 01 tO t0 N CO rn 1, I- 1\ d' 01 N N 01 H 70 to r--1 N In N In cr �, N E If? V? an V? tn. V? N H Q . O O O 0/ N in N r^ V? V? in C 01 o. x w n a o0 CO 00 to 0 0 ` uUi 00 0 m o ' a v? m to o- m .-1 to v r0 0/ if? V? VI. V? V? V? u ar 1, N L C C L -.I Q M V1 in N l0 O 0 O 0 1, 1-1 in. M '-1 V? N tn. V? C . V N in in U r-1 O O O O V CP 00 03 N N C 1� N in an V? 00 d• O ul 01 r0 VT N ct tO U u V? V? . 01 H 1.11 0 O O t0 O N 0 CO 0 CO 0 Cr 0 • N e-1 V) N V1 .-1 O O O 0 - r-1 N 1, 1n 0 O Vl r r 2 V?. .-1'.-1' - VT c-1 -i -i V) OV? to VI. lA if} J O 0 U • O Vl 0 CO 0 CO 0 tO O N O N O 1-1 O 01 01 .-1 N CV O O 0 Vl N 1, N W 01 N m n . ni. d al' •O C_ V? V? i!f V? V? V? i 00 . ° w V1 O O O C' O 00 0 0 0 1,1 O M r-1 V1 V? 00 in. V? N N N 1-1 M Vl 0 01 v m V? ,-.1. L? r•i r'i •O C -in. an VT ro o. 2 m O Ul C O • Z u 0 M I z o to w z w E r^ O Y o. w U I- E N D 'O CO 01 o z c 0 O ao L° a 0./ • z C7 3 io C O z E a vl CO • a ° •i E x O E s cli v., in - `O Q r0 z 3 o N c .a w C r0 N ro C7 0' a O v N U Q J O O F0/ Q z C.9 Q iL/1 00 in d U 0 Ow 2 r-1 N m V1 tO [0 w O m o 00 z z Y tn X H Y z I-- w U < w • hts as beneficiary to this AGREEMENT. and protect the health and safety of CONSULTANT'S CONSULTANT accepts no responsibility for damages, if personnel and the public. CLIENT agrees to compensate any, suffered by any third party as the result of a third CONSULTANT for the additional cost of taking such party's use of the work product, including reliance, additional precautionary measures to protect:employees' decisions,Or any other action taken based upon it. k and the public's hearth and safety. This section is not intended to impose.upon CONSULTANT any duties or CLIENT agrees.that CONSULTANTS services and work obligations other r than those imposed by law. products are for the exclusive present use of CLIENT. CLIENT agrees that CONSULTANTs compliance with any SECTION V-Professional Res ontibili request by CLIENT to address-or otherwise,release any p ty portion of the work product to a third party shall not 5.1 Perfv�rronce of Services modify rescind,waive,'or otherwise alter provisions of this CONSULTANT will strive to perform services under this AGREEMENT is n an it create or confer any third party beneficiary rights on any third party. AGREEMENT in a manner consistent with that level of care and skill "ordinarily exercised by members of the profession currently practicing in the same locality under SECTION VI-Governing Law similar.conditions. No other representation, express or • implied,:and no warranty or'guarantee is included or This AGREEMENT is to be governed by the laws of the intended in this AGREEMENT, or in any report, opinion, State of Illinois. document,orotherwise. 5.2 Limitation Of Liability CLIENT and CONSULTANT agree to allocate certain of the risks.so that, to:the':fullest extent permitted by law, CONSULTANTS'total"Iiatiirty to CLIENT is limited to $50,000 or CONSULTANT's fee whichever is greater,this being the.CLIENT'S sole,and exclusive remedy for any and all injuries, damages, claims, losses, expenses, or Claim expenses (including attorney's fees) arising out.of this AGREEMENT from any cause or causes. Such causes include, but are not limited to, CONSULTANT's negligence, errors, omissions, strict liability, breach of contract;or breach of warranty. CLIENT understands,that dollar limits higherthan that indicated above are available. If CLIENT wishes to-discuss these other limits and their impact on CONSULTANTS fee, CLIENT. should contact CONSULTANT prior to executing this.AGREEMENT. Std S Clicnt Agree Septeniber20i0 ials: CLIENT recognizes and those duties that belong to the CLIENT and/or the agrees that CONSULTANT at no time assumes Otte to construction contractors or other entities, and do not said samples and 'materials, and shall have no relieve the construction contractors or any other entity of responsibility as a handler, 9enerator., operator, their obligations,duties,and responsibilities;including,but transporter,or disposer of said samples and materials. not limited to, all construction methods, means, 4:11.3 Contaminated Equipment techniques, sequences, and procedures necessary for All laboratory and field equipment contaminated in coordinating and completing all portions of the CONSULTANT's performance of services will be cleaned. construction Work in accordance with the project at CLIENTs a xpense: Contaminated consumables will be documents and any health or safety.precautions required disposed of and replaced at CLIENT's expense: by such construction work. The CONSULTANT and its Equipment (including tools) which cannot be reasonably personnel have no authority to exercise any control over decontaminated shall become the property and any construction contractor or other entity or their responsibility of CLIENT. At CLIENTS expense, such employees in connection with their work or any health or equipment shall be delivered to CLIENT,or disposed of in safety precautions and have no duty for inspecting, the same manner specified in 4.11.2 above. CLIENT noting, observing, correcting, or reporting on health or agrees to pay CONSULTANT the fair market value of any Std S Ciiet Agree September 2010 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, an Engineering Services Agreement with Veenstra & Kimm, Inc. to provide final engineering design services for the separation of sewers in the Aksarben Village Neighborhood, known as Project OPW 51151, located north of Center Street at 67th Street, was approved by Council Resolution No. 231 on March 2, 2010 and amended by Council Resolution No. 1191 on October 19, 2010; and WHEREAS, additional services not included in the scope of the original contract or previous amendment are required to comply with CSO Program Management Team protocols and sewer separation construction goals; and, WHEREAS, Veenstra & Kimm, Inc. has agreed to perform the services needed as detailed in the attached Amendment No. 2 to the Agreement, which by this reference is made a part hereof, for an additional fee not to exceed $143,513.46 to be paid from Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, Amendment No. 2 to the Engineering Agreement with Veenstra & Kimm, Inc. to provide professional services for the separation of sewers in the Aksarben Village Neighborhood,known as Project OPW 51151, located north of Center Street at 67th Street, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the additional fee not to exceed $143,513.46 for these engineering services from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. 1177htp APPROVED AS TO FORM: By ITY ATTORNEY DATE Councilmember Adopted MAY. 3 2011 g-p �65! City Cle k !1' Approve i • �•/ ' A4CTIN M.yor VT ro o. 2 m O Ul C O • Z u 0 M I z o to w z w E r^ O Y o. w U I- E N D 'O CO 01 o z c 0 O ao L° a 0./ • z C7 3 io C O z E a vl CO • a ° •i E x O E s cli v., in - `O Q r0 z 3 o N c .a w C r0 N ro C7 0' a O v N U Q J O O F0/ Q z C.9 Q iL/1 00 in d U 0 Ow 2 r-1 N m V1 tO [0 w O m o 00 z z Y tn X H Y z I-- w U < w • hts as beneficiary to this AGREEMENT. and protect the health and safety of CONSULTANT'S CONSULTANT accepts no responsibility for damages, if personnel and the public. CLIENT agrees to compensate any, suffered by any third party as the result of a third CONSULTANT for the additional cost of taking such party's use of the work product, including reliance, additional precautionary measures to protect:employees' decisions,Or any other action taken based upon it. k and the public's hearth and safety. This section is not intended to impose.upon CONSULTANT any duties or CLIENT agrees.that CONSULTANTS services and work obligations other r than those imposed by law. products are for the exclusive present use of CLIENT. CLIENT agrees that CONSULTANTs compliance with any SECTION V-Professional Res ontibili request by CLIENT to address-or otherwise,release any p ty portion of the work product to a third party shall not 5.1 Perfv�rronce of Services modify rescind,waive,'or otherwise alter provisions of this CONSULTANT will strive to perform services under this AGREEMENT is n an it create or confer any third party beneficiary rights on any third party. AGREEMENT in a manner consistent with that level of care and skill "ordinarily exercised by members of the profession currently practicing in the same locality under SECTION VI-Governing Law similar.conditions. No other representation, express or • implied,:and no warranty or'guarantee is included or This AGREEMENT is to be governed by the laws of the intended in this AGREEMENT, or in any report, opinion, State of Illinois. document,orotherwise. 5.2 Limitation Of Liability CLIENT and CONSULTANT agree to allocate certain of the risks.so that, to:the':fullest extent permitted by law, CONSULTANTS'total"Iiatiirty to CLIENT is limited to $50,000 or CONSULTANT's fee whichever is greater,this being the.CLIENT'S sole,and exclusive remedy for any and all injuries, damages, claims, losses, expenses, or Claim expenses (including attorney's fees) arising out.of this AGREEMENT from any cause or causes. Such causes include, but are not limited to, CONSULTANT's negligence, errors, omissions, strict liability, breach of contract;or breach of warranty. CLIENT understands,that dollar limits higherthan that indicated above are available. If CLIENT wishes to-discuss these other limits and their impact on CONSULTANTS fee, CLIENT. should contact CONSULTANT prior to executing this.AGREEMENT. Std S Clicnt Agree Septeniber20i0 ials: CLIENT recognizes and those duties that belong to the CLIENT and/or the agrees that CONSULTANT at no time assumes Otte to construction contractors or other entities, and do not said samples and 'materials, and shall have no relieve the construction contractors or any other entity of responsibility as a handler, 9enerator., operator, their obligations,duties,and responsibilities;including,but transporter,or disposer of said samples and materials. not limited to, all construction methods, means, 4:11.3 Contaminated Equipment techniques, sequences, and procedures necessary for All laboratory and field equipment contaminated in coordinating and completing all portions of the CONSULTANT's performance of services will be cleaned. construction Work in accordance with the project at CLIENTs a xpense: Contaminated consumables will be documents and any health or safety.precautions required disposed of and replaced at CLIENT's expense: by such construction work. The CONSULTANT and its Equipment (including tools) which cannot be reasonably personnel have no authority to exercise any control over decontaminated shall become the property and any construction contractor or other entity or their responsibility of CLIENT. At CLIENTS expense, such employees in connection with their work or any health or equipment shall be delivered to CLIENT,or disposed of in safety precautions and have no duty for inspecting, the same manner specified in 4.11.2 above. CLIENT noting, observing, correcting, or reporting on health or agrees to pay CONSULTANT the fair market value of any Std S Ciiet Agree September 2010 �' CCD CD ; CD to CrQ Rs -. CD • CD .< Cs' PO o0 0 M CD O. c0u Cr • ° CD a 0" `. d �, o ova o CD P CD C oc.o. � `‹ COD CD 0 P cn o .0 0 c4 O . S 0 o ..� c0D `n o °, �. CD CA 1v/v iii nO .N a c O C CD bi o to O N Ot b CD tTI(D aC cZ 0 — 0-1 '_.. CD C 0 CD (DE:. `� ( '-'• N• CA •1. AD PO C O CD a Cn to n O 01 * Q '.t CD Szo 0 N O c 'M •-,. ON b OrQ ,--t- •O r `� Q `-tt t CD CD g- CD CD CM ." • �i. \ ` fi� N. nal fee not to exceed $143,513.46 to be paid from Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, Amendment No. 2 to the Engineering Agreement with Veenstra & Kimm, Inc. to provide professional services for the separation of sewers in the Aksarben Village Neighborhood,known as Project OPW 51151, located north of Center Street at 67th Street, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the additional fee not to exceed $143,513.46 for these engineering services from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. 1177htp APPROVED AS TO FORM: By ITY ATTORNEY DATE Councilmember Adopted MAY. 3 2011 g-p �65! City Cle k !1' Approve i • �•/ ' A4CTIN M.yor VT ro o. 2 m O Ul C O • Z u 0 M I z o to w z w E r^ O Y o. w U I- E N D 'O CO 01 o z c 0 O ao L° a 0./ • z C7 3 io C O z E a vl CO • a ° •i E x O E s cli v., in - `O Q r0 z 3 o N c .a w C r0 N ro C7 0' a O v N U Q J O O F0/ Q z C.9 Q iL/1 00 in d U 0 Ow 2 r-1 N m V1 tO [0 w O m o 00 z z Y tn X H Y z I-- w U < w • hts as beneficiary to this AGREEMENT. and protect the health and safety of CONSULTANT'S CONSULTANT accepts no responsibility for damages, if personnel and the public. CLIENT agrees to compensate any, suffered by any third party as the result of a third CONSULTANT for the additional cost of taking such party's use of the work product, including reliance, additional precautionary measures to protect:employees' decisions,Or any other action taken based upon it. k and the public's hearth and safety. This section is not intended to impose.upon CONSULTANT any duties or CLIENT agrees.that CONSULTANTS services and work obligations other r than those imposed by law. products are for the exclusive present use of CLIENT. CLIENT agrees that CONSULTANTs compliance with any SECTION V-Professional Res ontibili request by CLIENT to address-or otherwise,release any p ty portion of the work product to a third party shall not 5.1 Perfv�rronce of Services modify rescind,waive,'or otherwise alter provisions of this CONSULTANT will strive to perform services under this AGREEMENT is n an it create or confer any third party beneficiary rights on any third party. AGREEMENT in a manner consistent with that level of care and skill "ordinarily exercised by members of the profession currently practicing in the same locality under SECTION VI-Governing Law similar.conditions. No other representation, express or • implied,:and no warranty or'guarantee is included or This AGREEMENT is to be governed by the laws of the intended in this AGREEMENT, or in any report, opinion, State of Illinois. document,orotherwise. 5.2 Limitation Of Liability CLIENT and CONSULTANT agree to allocate certain of the risks.so that, to:the':fullest extent permitted by law, CONSULTANTS'total"Iiatiirty to CLIENT is limited to $50,000 or CONSULTANT's fee whichever is greater,this being the.CLIENT'S sole,and exclusive remedy for any and all injuries, damages, claims, losses, expenses, or Claim expenses (including attorney's fees) arising out.of this AGREEMENT from any cause or causes. Such causes include, but are not limited to, CONSULTANT's negligence, errors, omissions, strict liability, breach of contract;or breach of warranty. CLIENT understands,that dollar limits higherthan that indicated above are available. If CLIENT wishes to-discuss these other limits and their impact on CONSULTANTS fee, CLIENT. should contact CONSULTANT prior to executing this.AGREEMENT. Std S Clicnt Agree Septeniber20i0 ials: CLIENT recognizes and those duties that belong to the CLIENT and/or the agrees that CONSULTANT at no time assumes Otte to construction contractors or other entities, and do not said samples and 'materials, and shall have no relieve the construction contractors or any other entity of responsibility as a handler, 9enerator., operator, their obligations,duties,and responsibilities;including,but transporter,or disposer of said samples and materials. not limited to, all construction methods, means, 4:11.3 Contaminated Equipment techniques, sequences, and procedures necessary for All laboratory and field equipment contaminated in coordinating and completing all portions of the CONSULTANT's performance of services will be cleaned. construction Work in accordance with the project at CLIENTs a xpense: Contaminated consumables will be documents and any health or safety.precautions required disposed of and replaced at CLIENT's expense: by such construction work. The CONSULTANT and its Equipment (including tools) which cannot be reasonably personnel have no authority to exercise any control over decontaminated shall become the property and any construction contractor or other entity or their responsibility of CLIENT. At CLIENTS expense, such employees in connection with their work or any health or equipment shall be delivered to CLIENT,or disposed of in safety precautions and have no duty for inspecting, the same manner specified in 4.11.2 above. CLIENT noting, observing, correcting, or reporting on health or agrees to pay CONSULTANT the fair market value of any Std S Ciiet Agree September 2010