RES 2020-1097 - PSA with Snyder & Associates for OPW 53634 - 99th and Fort Storm Sewer RepairIV.COMPENSATION AND PAYMENT
A.The cost of services as specified in the Scope of Service, shall be performed on an hourly basis, but in
no event shall it exceed $67,127.00. Detailed breakdown of costs shall be shown in Exhibit “C”.
B.Reimbursable expenses shall be billed to the City by the Provider.
C.INCREASE OF FEES
The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10-142
of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which
taken alone increase the original fee as awarded (a) by ten percent, if the original fee is one hundred
fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more,
shall be approved by the City Council in advance of the acceptance of any purchase in excess of such
limits. However, neither contract nor purchase amendments will be split to avoid advance approval of
the City Council.
The originally approved scope and primary features of a contract or purchase will not be significantly
revised as a result of amendments not approved in advance by the City Council. The provisions of this
section will be quoted in all future City contracts. Nothing in this section is intended to alter the
authority of the Mayor under section 5.16 of the Charter to approve immediate purchases.
V.OWNERSHIP OF INSTRUMENTS OF SERVICE
The City acknowledges the Provider’s documents, including electronic files, as instruments of professional
service. Nevertheless, upon completion of the services and payment in full of all monies due to the Provider,
the final documents prepared under this Agreement shall become the property of the City. The City shall not
reuse on another Project or make any modifications to the documents without prior written authorization of
the Provider. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Provider, its officers, directors, employees and subconsultants (collectively, Provider) against any damages,
liabilities or costs, including reasonable attorneys’ fees and defense costs, arising from or in any way
connected with the unauthorized reuse or modification of the documents by the City, regardless of whether
such reuse or modification is for use on this Project or another Project.
VI.ADDITIONAL SERVICES
In the event additional services for the aforementioned Project not covered under this Agreement are required,
the Provider agrees to provide such services at a mutually agreed upon cost.
VII.INSURANCE REQUIREMENTS
The Provider shall carry professional liability insurance in the minimum amount of one half million dollars
and shall carry workers’ compensation insurance in accordance with the statutory requirements of the State of
Nebraska.
VIII.INDEMNIFICATION
The Provider agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless the City,
its officers, directors and employees (collectively, City) against all damages, liabilities or costs, including
reasonable attorney’s fees and defense costs, to the extent caused by the Provider’s negligent performance of
professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is
legally liable; provided, that with respect solely to the said duty to defend, such duty of the Provider to defend
shall arise only if, and to the extent, such duty is covered by Provider’s liability insurance. The City agrees,
to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors,
employees and subconsultants (collectively, Provider) against all damages, liabilities or costs, including
reasonable attorney’s fees and defense costs in connection with the Project, to the extent caused by the City’s
negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the
Provider shall be obligated to indemnify the other party in any matter whatsoever for the other party’s own
negligence.
IX.TERMINATION OF AGREEMENT
This Agreement may be terminated by the City upon written notice to the Provider of such termination and
specifying the effective date at least seven (7) days prior to the effective date of such termination. In the
event of termination, the Provider shall be entitled to just and equitable payment for services rendered to the
date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models,
reports or photographs shall become, at the City’s option, its property.
X.GENERAL CONDITIONS
A.Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, creed,
religion, sex, marital status, sexual orientation, gender identity, age, or disability as recognized under
42 USCS 12101 et seq. and Omaha Municipal Code section 13-89, race, color, creed, religion, sex,
marital status, sexual orientation, gender identity, national origin, age, or disability.
B.Captions. Captions used in this Agreement are for convenience and are not used in the construction of
this Agreement.
C.Applicable Laws. Parties to this Agreement shall conform with all existing and applicable City
ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations.
Nebraska law will govern the terms and the performance under this Agreement.
D.Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any
officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement.
Any violation of this section with the knowledge of the person or corporation contracting with the City
shall render the Agreement voidable by the Mayor or Council.
E.Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire
any interest, direct or indirect, which would conflict with the performance of services required to be
performed under this Agreement; he further covenants that in the performance of this Agreement, no
person having any such interest shall be employed.
F.Merger. This Agreement shall not be merged into any other oral or written agreement, lease, or deed of
any type. This is the complete and full Agreement of the parties.
G.Modification. This Agreement contains the entire Agreement of the parties. No representations were
made or relied upon by either party other than those that are expressly set forth herein. No agent,
employee, or other representative of either party is empowered to alter any of the terms hereof unless
done in writing and signed by an authorized officer of the respective parties.
H.Assignment. The Provider may not assign its rights under this Agreement without the express prior
written consent of the City.
I.Strict Compliance. All provisions of this Agreement and each and every document that shall be
attached shall be strictly complied with as written, and no substitution or change shall be made except
upon written direction from authorized representative.
J.LB 403 Contract Provisions.-NEW EMPLOYEE WORK ELIGIBILITY STATUS -The
Contractor is required and hereby agrees to use a federal immigration verification system to determine
the work eligibility status of new employees physically performing service within the State of
Nebraska. A federal immigration verification system means the electronic verification of the work
authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated
by the United States Department of Homeland Security or other federal agency authorized to verify the
work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship, the following applies: 1. The Contractor must
complete the United States Citizenship Attestation Form, available on the Department of
Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such
attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship
and Immigration Services documentation required to verify the Contractor’s lawful presence in the
United States using the Systematic Alien Verification for Entitlements (SAVE) Program. 3. The
Contractor understands and agrees that lawful presence in the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev. Stat. §4-108.
K.Certificate of Authorization. If this Agreement contemplates the performance of professional
architecture or engineering work by the Provider, the Provider shall provide to the City, and maintain
in good standing, a current Certificate of Authorization from the State of Nebraska as required by Neb.
Rev. Stat. section 81-3436.
L.Debarment or suspension by any federal agency. (This section applies if any part of this Agreement is
funded by a federal agency.) Office of Management and Budget (OMB) guidelines require that any
individual or entity that has been placed on the Excluded Parties List System (“EPLS” - available for
review through www.sam.gov) may not be a participant in a federal agency transaction that is a
covered transaction or act as a principal of a person participating in one of those covered transactions.
These guidelines apply to covered transactions under a grant from any federal agency for which a
recipient expects to receive reimbursement for expenditures incurred or an advance on future
expenditures.
The Contractor providing goods and/or services to the City of Omaha certifies, by acceptance and
execution of this Agreement, that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency. The Contractor further agrees, by accepting and
executing this Agreement, that it will include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts, and subcontracts. Where the Contractor or any lower
tier participant is unable to certify this statement, it shall attach an explanation to this Agreement.
M.Contract Compliance Ordinance No. 35344, Section 10-192
Equal Employment Opportunity Clause
During the performance of this contract, the Contractor agrees as follows:
1)The Contractor shall not discriminate against any employee or applicant for employment because
of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, national
origin, age, or disability. The Contractor shall ensure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, gender identity, national origin, age, or disability. As used
herein, the word “treated” shall mean and include, without limitation, the following: recruited,
whether by advertising or by other means; compensated; selected for training, including
apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated.
The Contractor agrees to and shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officers setting forth the
provisions of this nondiscrimination clause.
2)The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, creed, religion, sex, marital status, sexual orientation, gender
identity, national origin, age, or disability.
3)The Contractor shall send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding a notice advising the labor
union or worker’s representative of the Contractor’s commitments under the Equal Employment
Opportunity Clause of the City and shall post copies of the notice in conspicuous places available
to employees and applications for employment.
4)The Contractor shall furnish to the Human Rights and Relations Director all Federal forms
containing the information and reports required by the Federal government for Federal contracts
under Federal rules and regulations, and including the information required by Sections 10-192 to
10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the
Human Rights and Relations Director shall be those which are related to Paragraphs (1) through
(7) of this subsection and only after reasonable notice is given the Contractor. The purpose for
this provision is to provide for investigation to ascertain compliance with the program provided for
herein.
5)The Contractor shall take such actions with respect to any subcontractor as the City may direct as
a means of enforcing provisions of Paragraphs (1) through (7) herein, including penalties and
sanctions for noncompliance; however, in the event the Contractor becomes involved in or is
threatened with litigation as the result of such directions by the City, the City will enter into such
litigation as necessary to protect the interests of the City and to effectuate the provisions of this
division; and in the case of contracts receiving Federal assistance, the Contractor or the City may
request the United States to enter into such litigation to protect the interests of the United States.
6)The Contractor shall file and shall cause his subcontractors, if any, to file compliance reports with
the Contractor in the same form and to the same extent as required by the Federal government for
Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with
the Human Rights and Relations Director. Compliance reports filed at such times as directed shall
contain information as to the employment practices, policies, programs and statistics of the
Contractor and his subcontractors.
7)The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, “Equal
Employment Opportunity Clause”, and Section 10-193 in every subcontract or purchase order so
that such provisions will be binding upon each subcontractor or vendor.
N.Conflict. In the event of any conflict between this Agreement and any of the exhibits attached hereto, the terms
of this Agreement shall take precedence.
EXHIBIT “A”
RESERVED
EXHIBIT “B”
SCOPE OF SERVICES
-1-
EXHIBIT B
CLIENT: CITY OF OMAHA
1819 FARNAM STREET
OMAHA, NEBRASKA 68183
ATTN: GUEMBA KATAWARA
ENGINEER: SNYDER & ASSOCIATES, INC.
12020 SHAMROCK PLAZA, SUITE 200
OMAHA, NEBRASKA 68154
PROJECT: 99th & FORT SEWER REHABILITATION
DATE: October 6, 2020
PROJECT DESCRIPTION:
Near the intersection of 99th and Fort, a 43” x 68” arch pipe storm sewer section has experienced deterioration that
has led to separation at the outlet headwall and at one manhole upstream, as well as a sinkhole at a 45 degree bend.
This segment of storm sewer collects private runoff from the Grandridge Apartment complex, in addition to runoff
from the I-680 interchange ramp and the 99th and Fort intersection. Additionally, the storm sewer is in very close
proximity to the nearby 8-inch sanitary sewer line, including a crossing at approximately the location of the
sinkhole. This project will assess site conditions, including but not limited to, CCTV of sanitary and storm sewers,
hydrology and hydraulics of the project area, and evaluation of existing structures. The following scope includes
engineering services for a condition assessment and preliminary design (10%) of the storm and sanitary sewer
rehabilitation within the project area.
SCOPE OF SERVICES:
I. CONDITION ASSESSMENT
A. CCTV (Performed By TREKK Design Group, LLC)
a.Perform CCTV sewer inspection for storm and sanitary sewer segments as depicted in attached
exhibits. Summarize results in full PACP report.
B. Survey
a.Verify existing survey provided by City of Omaha by establishing horizontal and vertical control.
b.Perform supplemental topographic survey within the project limits including location and elevation
of existing surface features, including located sewer and utility lines, buildings, and concrete
flumes.
C. Hydrologic and Hydraulic Modeling
a. Delineate the existing watershed based upon LiDAR data.
b.Develop an existing conditions XP-SWMM model of the watershed and arch pipe utilizing current
rainfall data to determine whether there are issues with hydraulic capacity.
Guemba Katawara
City of Omaha
October 6, 2020
Page 2 of 4
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c. Review drainage area and flows entering the storm sewer from all contributing areas.
d. Develop a hydraulic model of the proposed repair/rehabilitation scenario.
D. Structural Evaluation
a.Structural assessment of manhole #03533006.
b. Preliminary design of headwall to replace existing damaged headwall.
c.Structural considerations and recommendations for sewer rehabilitation vs replacement.
E. Summarize findings in Design Report to be submitted to City of Omaha. Report will include:
a.Condition assessment for sanitary and storm sewer assets.
b. Findings from hydrologic and hydraulic modeling.
c. Recommendations for repair of storm sewer lines:
i.MH 0353006 to 0353008F – Segment will be removed and replaced. The recommended
size/type of replacement pipe will be identified.
ii.MH 0353005 to 0353006 – An evaluation will be conducted to determine if the pipe can
be rehabilitated in-place or if it must be removed and replaced.
1. Recommendations/findings on the following options will be provided:
a. Removal and replacement of existing line:
i.Line type and size
ii.Right-of-way implications/needs
b.In-line rehabilitation:
i.Methodology or methodologies
ii.Impacts to Hydraulic capacity
c.Other
d.Recommendations for repair of sanitary line:
i.MH 0353058 to 0353007 – Segment is known to have a sag at the point where the storm
sewer crosses. A recommendation on the type and extent of repair will be provided (i.e.
point repair, replacement from manhole to manhole, etc.)
II.PRELIMINARY DESIGN (10%)
A. Preliminary Plans
a.Preparation of plans to approximately 10% complete, to include title sheet, notes and quantities,
construction access and phasing plan, preliminary site plan, storm and sanitary sewer plan and
profile sheets, structural concept design, and details.
b.Preliminary evaluation of ROW needs and associated costs.
B. 10% Opinion of Probable Cost
III.SCHEDULE
A project schedule will be developed working jointly with the Client and stakeholders.
Guemba Katawara
City of Omaha
October 6, 2020
Page 3 of 4
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IV. ADDITIONAL SERVICES
The following items shall be considered additional services as may be requested by the Client. Additional
services may be performed on an hourly basis or should a specific scope of services be defined, a quotation
for services may be performed.
A. Flow monitoring.
B. Utility potholing.
C. Final engineering design.
D. Permitting.
E. Submittal fees to regulatory agencies.
F. Property acquisition negotiation and legal.
G. Client requested major revisions.
H. Color presentation drawings.
I. Front end bidding documents.
J. Bid phase services.
K. Construction observation and administration.
L. Construction staking.
M. Items not listed in the above scope of services.
EXHIBIT “C”
BREAKDOWN OF COSTS
Guemba Katawara
City of Omaha
October 6, 2020
Page 4 of 4
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EXHIBIT C
PROJECT NAME:
Principal Principal Engineer Engineer Engineer Technician Land Surveyor Survey Crew Administrative DIRECT
LS PE VII III II Senior V II Subconsultant LABOR
$214 $203 $169 $120 $109 $125 $142 $170 $66 TOTAL
Project Management
Project Administration 2 8 8 18
Kickoff Meeting with City of Omaha 2 2 2 6
Design Review Meeting with City of Omaha 2 2 2 6
TOTAL HOURS 2 4 4 12 8 30
TOTAL $428 $812 $676 $1,440 $528 $3,884
Condition Assessment
CCTV $13,311
Survey 16 16 32
Hydrology and Hydraulics 16 48 64
Structural Evaluation 20 32 16 68
2 16 8 26
TOTAL HOURS 38 48 48 16 16 16 8 $13,311 190
TOTAL $6,422 $5,760 $5,232 $2,000 $2,272 $2,720 $528 $13,311 $38,245
Preliminary Design (10%)
Title Sheet 4 4
Notes and Quantities 8 8
Preliminary Site Plan 4 4 8 8 24
Construction Access & Phasing Plan 4 12 8 24
Storm Sewer Plan & Profile 4 4 8 8 24
Sanitary Sewer Plan & Profile 4 4 8 8 24
Structural Concept Design 2 4 8 14
Details 4 4 8 16
4 4 8
Preliminary ROW Evaluation 2 4 8 8 8 30
TOTAL HOURS 2 30 16 72 48 8 176
TOTAL $428 $6,090 $2,704 $8,640 $6,000 $1,136 $24,998
TOTALS $856 $6,902 $9,802 $15,840 $5,232 $8,000 $3,408 $2,720 $1,056 $13,311 $67,127
Preliminary Opinion of Cost (10%)
OPW 53634 - 99th & Fort Sewer Rehabilitation
STAFF HOUR ESTIMATE
EXHIBIT C
Preparation of Design Report
Payments to OWNER for Services Invoice#:
Snyder & Associates Date of Service
Attention: Barbara Johnston
12020 Shamrock Plaza, Suite 200 PM:Barbara Johnston
Omaha, NE 68154 OPW
TREKK Design Group, LLC Fee Estimate V2: 9-16-20 Project: 99th & Fort
Project: 99th & Fort
Task Description
Project
Principal
Project
Manager
Field
Manager Staff Engineer
Office
Technician II FT I FT II
Staff
Engineer
GIS
Technician II Admin Total Hours
Office
Subtotal
Field Verifications
(crew hours)
Smoke Testing
(per LF)Survey Crew
Potholing - JetVac (per
Hour)Flow Monitoring
TREKK360
Camera Dye Testing (EA)
CCTV 8"-24"
(per foot)
CCTV 27"-48"
(per foot)
CCTV > 48 (per
foot)
Heavy Cleaning
(per hour)
CCTV (per
hour)
Field Work
Subtotal
Office
Subtotal
Field Work
Subtotal Total Costs
1 PROJECT MANAGEMENT AND ADMINISTRATION
1.1 Project Scoping and Inspection Plan 0
1.2 Project Management 4 2 6
1.3 Project Administration 2 4 6
1.4 Initial Project Kickoff Meeting 2 2 2 6
1.5 Work Authorization Kick Off 0
1.6 Monthly Progress Meeting (assume 8 meetings)0
1.7 Field Services Prodedures Workshops 0
Task Hours 0 6 2 4 2 0 0 0 0 4 18 0 0 0 0 0 0 0 0 0 0 0 0
Task Fees $0 $1,200 $234 $420 $154 $0 $0 $0 $0 $340 $2,348 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,348 $0 $2,348
2 FIELD INVESTIGATIONS
2.1 CCTV Inspections 4 4 8 6 22 597 1377 8
Task Hours 0 4 4 0 8 0 0 0 6 0 22 0 0 0 0 0 0 0 597 1377 0 8 0
Task Fees $0 $800 $468 $0 $616 $0 $0 $0 $420 $0 $2,304 $0 $0 $0 $0 $0 $0 $0 $1,701 $4,957 $0 $2,000 $0 $8,659 $2,304 $8,659 $10,963
Total Hours 0 10 6 4 10 0 0 0 6 4 40 0 0 0 0 0 0 0 597 1377 0 8 0
Hourly Rate 245.00$ 200.00$ 117.00$ 105.00$ 77.00$ 85.00$ 75.00$ 98.00$ 70.00$ 85.00$ 200.00$ 0.60$ 250.00$ 225.00$ 41,547.00$ 75.00$ 150.00$ 2.85$ 3.60$ 5.50$ 250.00$ 300.00$
-$ 2,000.00$ 702.00$ 420.00$ 770.00$ -$ -$ -$ 420.00$ 340.00$ $4,652 -$ -$ -$ -$ -$ -$ -$ 1,701.45$ 4,957.20$ -$ 2,000.00$ -$ $8,659 $13,311
TREKK TREKK Monthly