RES 2020-1199 - PSA with The Schemmer Associates for OPW 53976 - S 38th Street from Hascall Street to Grover Street ImprovementsIV.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 $61,862.50. 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 AND
EXHIBIT "D"
PROJECT MAP
October 16, 2020
Mr. David Nassi, PE
SID Engineer
City of Omaha
5225 Dayton Street
Omaha, NE 68117
Re: Professional Services Proposal
OPW 53976
38th Street (Hascall Street to Grover Street)
Dear Mr. Nassi:
The Schemmer Associates Inc. (Schemmer) is pleased to present the attached
proposal to render professional services to the City of Omaha Street
Maintenance Division in connection with the OPW 53976 Street Improvement
District project. Attached for your consideration are Exhibit “B” – Scope of
Services, Exhibit “C” – Breakdown of Costs, and Exhibit “D” – Project Location
Map.
Please contact me with any questions regarding this proposal.
Sincerely,
THE SCHEMMER ASSOCIATES INC.
Robert DuVall, P.E.
Senior Civil Engineer
Associate
Attachments
Exhibit “B”
Scope of Services
UNDERSTANDING OF PROJECT
The proposed project consists of topographic surveying and engineering design services to provide
final construction plans for replacement of 38th Street between Hascall Street and Grover Street in
Omaha, Nebraska. The project will include demolition of the street, minor grading, pavement subgrade
preparation, construction of storm sewer, and the construction of new pavement. The required services
will include project administration, surveying, and civil engineering. The design will conform to all
applicable City of Omaha and code requirements.
SCOPE OF SERVICES
- Detailed Services: Schemmer shall render for Client professional services in all phases of the
project to which this agreement applies as hereinafter provided. These services will include
serving as Client’s professional engineering representative for the project, providing consultation
and advice, and furnishing customary services incidental thereto.
o Project Administration
Project management
Budget and schedule management
Coordination with project team, City staff and residents
Contract preparation
Utilities Coordination
Invoicing
Agency Review/Project Meetings
One (1) 30% Design Meeting with the City of Omaha (12/11/20)
One (1) 60% Utilities Coordination Meeting (1/8/21)
One (1) 90% Design Meeting with the City of Omaha and residents
(2/12/21)
o Topographic Survey (See Exhibit “D”)
Field survey – perform a topographic survey by locating the physical features of
the project to the extent of 15 feet beyond the right of way limits. Locate
monuments to establish the Right-of-Way limits. Take spot elevation shots on
roads every 25’. Survey will be done in State Plane coordinates.
One Call- Call for utility locates and review information.
Cad services – upload, download, check, and process collected electronic field
data,
Registered Land Surveyor services – for project coordination, review, and
QA/QC.
o 30% Design Submittal (12/11/20)
Prepare design drawings to approximately 30% completion to include:
Geometrics
Demolition Plan
Grading Plan
Storm Sewer Plan and Profiles
Plan and Profile Sheets
Cross Sections at every 50’ and at driveways
o 60% Design Submittal (1/8/21)
Incorporate comments from 30% Submittal and prepare design drawings to
approximately 60% completion
Prepare design drawings to approximately 60% completion to include:
Cover Sheet
Site Specifications and General Notes
Typical Sections and Estimated Quantities
Horizontal Control
Construction Sequencing/Barricading
Storm Water Pollution Prevention Plan (SWPPP) – Site Map
Storm Water Pollution Prevention Plan (SWPPP) – Notes & Details
Temporary Traffic Control
Project Details
o 90% Design Submittal (2/12/21)
Incorporate comments from 60% Submittal and prepare design drawings to
approximately 90% completion
Prepare draft opinion of probable cost based on 90% drawings
Prepare draft Special Provisions
o Final Design Submittal (2/26/21)
Incorporate comments from 90/% review
Grading Permit:
Prepare plans as required by jurisdictional authorities
Prepare Permix grading permit application form
Prepare Permix grading permit narrative form
Prepare NDEQ CSW-NOI form
Respond to Building Permit comments
Post Construction Stormwater Management Plan (PCSMP) Permit:
Prepare plans as required by jurisdictional authorities and submit online.
Prepare Permix PCSMP application form and submit online
Prepare Applicant Certification form
Prepare Maintenance Agreement and Easement
Post Construction BMP Inspection Site Visit
Prepare BMP Certification documentation
Prepare engineered drawings, stamped by a Registered Professional Engineer,
licensed in the State of Nebraska. Specifications will be included on the
Drawings.
Prepare final opinion of probable cost based on 100% drawings
Prepare final Special Provisions
o Drainage Study to include:
Executive Summary
Design Assumptions
Storm Sewer Inspection Summary Report
Drainage Maps
10 Year Rational Method Storm Drainage Calculations
100 Year Rational Method Storm Drainage Calculations
Hydraulic Grade Line & Storm Sewer Profiles
- Additional Services (excluded from this proposal): Schemmer will render additional services as
approved and directed by the Client on an hourly rate fee basis as agreed to at the time such
services are requested. Examples of potential additional services include:
o Construction staking
o Construction observation
o Contractor RFI’s
o Bidding and Negotiation Phase
o Special inspections and construction materials testing
o Environmental studies (including but not limited to: Phase I Environmental Analysis,
Wetlands Delineations, etc.)
o Additional survey outside of limits indicated in Exhibit “D”
o Any other services not specifically included in the scope above
ASSUMPTIONS
- PCSMP permit will be required and we propose to use amended soil on the project to follow the
City of Omaha requirements.
- The disturbed area will be greater than 1 acre, therefore SWPPP and NPDES documents will be
required.
- Schemmer will not be required to attend the Kickoff Meeting with the Residents
CLIENT RESPONSIBILITIES
- Provide all Division 00 and 01 specifications, bid forms, etc.
- Provide full information regarding this project in a timely manner.
EXHIBIT “C”
BREAKDOWN OF COSTS
ITEM PRIN PROJ REG DESIGN SEN REG 2-MAN SURVEY ADMIN
NO.TASK DESCRIPTION MGR ENGR TECH SURVEYOR SURVEY CREW CADD TECH ASST TOTAL
230$ 185$ 165$ 110$ 125$ 160$ 80$ 70$
1 Project Administration
1a Project Management 4 16 20
1b Preparation and Attendance at 30% Design Meeting 4 4
1c Preparation and Attendance at 60% Utilities Coordination Meeting 4 4
1d Preparation and Attendance at 90% Design Meeting 4 4
2 Topographic Survey (State Plane Coordinates)
2a Establish control 2 2
2b Topographic Survey 2 16 16 34
2c Boundary (Locate monuments to establish ROW)2 6 6 14
2d One Call 1 1
2e Admin 2 2
3 30% Design Submittal
3a Geometrics 4 12 16
3b Demolition Plan 4 8 12
3c Grading Plan 4 8 12
3d Storm Sewer Plan and Profiles 4 8 12
3e Plan and Profile Sheets 8 24 32
3f Cross Sections at every 50' and at driveways 2 8 10
4 60% Design Submittal
4a Incorporate 30% comments and prepare 60% design drawings and specs 5 10 15
4b Cover Sheet 1 2 3
4c Site Specifications and General Notes 2 2 4
4d Typical Sections and Estimated Quantities 2 8 10
4e Horizontal Control 4 8 12
4f Construction Sequencing/Barricading 4 8 12
4g SWPPP - Site Map 4 8 12
4h SWPPP - Notes & Details 1 2 3
4i Temporary Traffic Control 4 8 12
4j Post Construction Stormwater Mangement Plan 4 8 12
4k Project Details 1 2 3
5 90% Design Submittal
5a Incorporate 60% comments and prepare 90% design drawings and specs 10 20 30
5b Opinion of Probable Construction Cost 4 4 8
5c Special Provisions 8 8
6 Final Design Phase
6a Incorporate 90% comments and prepare 100% design drawings and specs 6 16 22
6b QA/QC 4 1 5
6c Incorporate Final Comments 6 12 18
6d Submit Grading Permit Documents 6 8 14
6e Submit PCSMP Documents 6 12 18
6f Revise Opinion of Probable Construction Cost 2 2 4
6g Revise Special Provisions 2 2
6h Bidding Questions 4 4
7 Drainage Study
7a Executive Summary 2 4 6
7b Design Assumptions 1 2 3
7c Storm Sewer Inspection Summary Report 2 4 6
7d Drainage Maps 2 4 6
7e 10 Year Rational Method Storm Drainage Calculations 1 2 3
7f 100 Year Rational Method Storm Drainage Calculations 4 8 12
7g Hydraulic Grade Line & Storm Sewer Profiles 8 16 24
TOTAL PROJECT HOURS 0 8 161 248 6 24 23 0
61,755.00$
DIRECT NON-SALARY COSTS
Printing 1 50.00$ 50.00$
Mileage 100 0.58$ 57.50$
SUBTOTAL DIRECT NON-SALARY COSTS 107.50$
TOTAL ESTIMATED FEE (HOURLY NOT-TO-EXCEED)61,862.50$
38th Street (Hascall Street to Grover Street)
Exhibit "C"
Scope of Services
City of Omaha Public Works - Street Maintenance Division