RES 2008-0866 - Agmt with Schemmer Associates for reconstruction of 120th St from Emmet St to Roanoke Blvd F- w -M
��M..--
AHA,NF6 i ,i p=.i't�Z l`� i I••ti
:�4 's� t2 �""`" Public Works Department
h` ' Omaha/.Douglas Civic Center
���' t� 08 J U N 1 1819 Farnam Street,Suite 601
® �CYi►� w June 24, 2008 r �. ,
°�;' "A- `�'r''"` Omaha,Nebraska 68183-0601
• A°p (( T (402)444-5220
4TED FEBR�'r ( 1 1 1 CLERK Fax(402)444-5248
City of Omaha !9 A Pi A, ?eta 1 Ft r' t A Robert G.Stubbe,P.E.
Mike Fahey,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Engineering Services Agreement with The
Schemmer Associates for preliminary engineering and environmental assessment services for the
Reconstruction of 120th Street from Emmet Street to Roanoke Boulevard. This project is included
in the 2008-2013 Capital Improvement Program as project No. 402.
The attached agreement authorizes The Schemmer Associates to do preliminary engineering and
environmental assessment for the reconstruction of 120th Street from Emmet Street to Roanoke
Boulevard. Details of the plan are included in Exhibit"B"of the "Scope of Services".
The Schemmer Associates has agreed to perform the services detailed in the attached agreement
for a fixed fee not to exceed $489,418.00, which will be paid from the 2006 Transportation Bond
Fund 13182, 2008 Issue Transportation Bond Organization 117113 with 80% of this cost being
reimbursable from NDOR according to the Program Agreement for this Project approved by the
City Council on November 20, 2007 by Resolution No. 1439.
The Schemmer Associates has filed the required Annual Contract Compliance Report,\Form, CC- 1
1, in the Human Rights and Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
,
Respectfully submitted, Referred to City Council for Consideration:
‘ -2 -vrj //"-o,
c3-1I-e-At
Stubbe, P.E. Date ayor's Office Date
Public Works Director
Approved as to Funding: Approved:
LL--,-(.0.900-a,„, cp\- lesq \...
Carol A. Ebdon Alt Date Gal Kinse omps Date
Finance Director ) Human Rights and Rela ons Director
1078hxf
•
$741.84
10 760.005 ADJUST INLET TO GRADE '
Engineeer's Estimate 4 @ $500.00 EACH $2,000.00
Western Engineering Co., Inc. $440.00 EACH $1,760.00
U. S.Asphalt Co. $436.37 EACH $1,745.48
11 900.011 ASPHALTIC CONCRETE FOR PAVEMENT REPAIR
Engineeer's Estimate 40 @ $80.00 per TON $3,200.00
Western Engineering Co., Inc. $94.00 per TON $3,760.00
U. S.Asphalt Co. $94.98 per TON $3,799.20
12 201.407 7"CONCRETE BASE-TYPE L85
Engineeer's Estimate 210 @ $75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
•
ENGINEERING AGREEMENT
CITY OF OMAHA, NE
THE SCHEMMER ASSOCIATES INC.
PRELIMINARY ENGINEERING SERVICES
PROJECT NO. MAPA-5009(3), CONTROL NO. 22277
120th STREET, EMMET STREET TO ROANOKE BOULEVARD
THIS AGREEMENT, entered into by and between the City of Omaha, Nebraska,
hereinafter referred to as the "City", and The Schemmer Associates Inc., hereinafter referred to
as the "Consultant".
WITNESSETH
WHEREAS, the City desires to engage the Consultant to render professional services for
the above named project at the location shown on EXHIBIT "A", which is attached and hereby
made a part of this agreement, and
WHEREAS, the Consultant is certified by the Nebraska Secretary of State as a
Corporation eligible to operate in the State of Nebraska, and
WHEREAS, the Consultant is willing to perform such work in accordance with the terms
hereinafter provided, and does represent that it is in compliance with the Nebraska statutes
relating to the registration of professional engineers, and hereby agrees to comply with all
federal, state, and local laws and ordinances applicable to the work.
NOW THEREFORE, in consideration of these facts, the parties agree as follows:
I. DEFINITIONS
Wherever in this agreement the following terms are used, they will mean:
"CITY" means the City of Omaha, Nebraska, the Mayor or an authorized representative.
"CONSULTANT" means The Schemmer Associates Inc., whose business and mailing
address is 1044 N. 115th Street, Suite 300, Omaha, NE 68154.
"SUBCONSULTANT/SUBCONTRACTOR" means PBS&J, whose business and mailing
address is 13508 Discovery Drive, Omaha, NE 68137 and/or Tetra Tech, whose business and
mailing address is 9910 N. 48th Street, suite 200, Omaha, NE 68152.
"STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, the Director of
the department, or an authorized representative.
"FHWA" means the Federal Highway Administration, Department of Transportation,
Washington, D.C. 20590, acting through its authorized representatives.
"DOT" means the United States Department of Transportation, Washington, D.C. 20590,
acting through its authorized representatives.
To "ABANDON" the work means the City has determined that conditions or intentions as
originally existed have changed and the work as contemplated herein is to be renounced and
deserted for as long in the future as can be foreseen.
•
$741.84
10 760.005 ADJUST INLET TO GRADE '
Engineeer's Estimate 4 @ $500.00 EACH $2,000.00
Western Engineering Co., Inc. $440.00 EACH $1,760.00
U. S.Asphalt Co. $436.37 EACH $1,745.48
11 900.011 ASPHALTIC CONCRETE FOR PAVEMENT REPAIR
Engineeer's Estimate 40 @ $80.00 per TON $3,200.00
Western Engineering Co., Inc. $94.00 per TON $3,760.00
U. S.Asphalt Co. $94.98 per TON $3,799.20
12 201.407 7"CONCRETE BASE-TYPE L85
Engineeer's Estimate 210 @ $75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
•
To "SUSPEND" the work means the City has determined the progress is not sufficient, or
the conditions or intentions as originally existed have changed, or the work completed or
submitted is unsatisfactory, and the work as contemplated herein should be stopped on a
temporary basis. This cessation will prevail until the City determines to abandon or terminate
the work or to reinstate it under the conditions as defined in this agreement.
To "TERMINATE" or the "TERMINATION" of this agreement is the cessation or quitting of
this agreement based upon action or failure of action on the part of the Consultant as defined
herein and as determined by the City.
II. GENERAL DESCRIPTION OF SCOPE AND CONTROL OF THE WORK
The Consultant shall perform Project Administration, Topographic Field Survey, Traffic
Engineering, Preliminary Roadway Design, Preliminary Drainage Design, Preliminary Bridge
Design, Hydrologic and Hydraulic Analyses, Public Meetings, Environmental Action Plan, and
Geotechnical Engineering for project 120th Street, Emmet Street to Roanoke Boulevard, City of
Omaha, in Douglas County, Nebraska.
Upon receiving a notice to proceed, the Consultant shall perform all work required under
this agreement as outlined in EXHIBIT "B", schedule of services, and EXHIBIT "C", Consultant's
proposal, which are attached and made a part of this agreement.
The Consultant has furnished a personnel chart or list in EXHIBIT"C". Any major
deviation from or revision in the classifications or personnel shown in the chart or list must
receive the prior approval of the City. All personnel replacements must be made with persons
of equal ability or experience and failure to provide capable replacements to keep the work on
schedule will be cause for termination of this agreement, with settlement to be made as
provided in Section VII of this agreement.
III. STANDARD PRACTICES AND REQUIREMENTS
It is mutually agreed that the City, State and FHWA have continuing rights of work
progress inspections. Any additions, deletions, changes, elaborations, or modifications of the
services performed under the terms of this agreement, which may from time to time be
determined by the City as desirable or preferable, will be controlling and governing.
IV. TIME OF BEGINNING AND COMPLETION
The City will issue the Consultant a written Notice-to-Proceed upon State approval of this
agreement. Any work or services performed on the project prior to the Notice-to-Proceed date
is not eligible for reimbursement.
Project No. MAPA-5009(3) - 2 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$436.37 EACH $1,745.48
11 900.011 ASPHALTIC CONCRETE FOR PAVEMENT REPAIR
Engineeer's Estimate 40 @ $80.00 per TON $3,200.00
Western Engineering Co., Inc. $94.00 per TON $3,760.00
U. S.Asphalt Co. $94.98 per TON $3,799.20
12 201.407 7"CONCRETE BASE-TYPE L85
Engineeer's Estimate 210 @ $75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
P 1 .
The Consultant shall do all the work according to the schedule in attached EXHIBIT "B"
and shall complete all work required under this agreement in a satisfactory manner. The work
under this agreement will be considered done upon award of the construction contract.
Any costs incurred after the completion of the public hearing and the Consultant's return
trip to headquarters are not eligible for reimbursement unless the City has approved an
extension of time.
The completion time will not be extended because of any avoidable delay attributed to the
Consultant, but delays attributable to the City may constitute a basis for an extension of time.
City authorized changes in the scope of work, which increase or decrease workhours or
services required of the Consultant, will provide the basis for a change of time and/or changes
to the Consultant's fee.
V. FEES AND PAYMENTS
A. For performance of the work as outlined in this agreement, the Consultant will be
paid a fixed-fee-for-profit of$38,527.77, as defined in paragraph D of this section,
and up to a maximum amount of$450,890.23 for actual costs as defined in
paragraph E of this section, that are allowable subject to the terms of this
agreement and the federal cost principles contained in the Federal Acquisition
Regulation (48 CFR 31). The total agreement amount is $489,418.00.
B. The Consultant is responsible for determining if its actual costs will exceed the
maximum amount stated above. If at any time during this project, the Consultant
determines that its costs will exceed, or have exceeded the maximum amount
stated above, the Consultant must immediately notify the City in writing and
describe which costs are causing the overrun and the reason. The Consultant must
also estimate the additional costs needed to complete the work. The City will then
determine if the maximum amount is to be increased, and a supplemental
agreement will be prepared if needed.
C. The City is not responsible for costs incurred prior to the Notice-to-Proceed date or
after the completion deadline date stated in Section IV of this agreement.
D. The fixed-fee is computed upon the direct salary or wage costs, indirect salary
costs, indirect non-salary costs, and direct payroll additives. The fixed-fee is not
allowable upon direct non-salary costs.
E. Actual costs include direct labor costs, direct non-labor costs, and overhead costs.
(1) Direct Labor Costs are the earnings that individuals receive for the time they
are working directly on the project.
Project No. MAPA-5009(3) - 3 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
te 40 @ $80.00 per TON $3,200.00
Western Engineering Co., Inc. $94.00 per TON $3,760.00
U. S.Asphalt Co. $94.98 per TON $3,799.20
12 201.407 7"CONCRETE BASE-TYPE L85
Engineeer's Estimate 210 @ $75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
r
•
(a) Hourly rates: For hourly employees, the hourly earnings rate is based
on the compensation received during the pay period that the work is
performed, and dividing that compensation by the hours paid. For
salaried employees, the hourly earnings rate is determined by dividing
the employee's fixed annual compensation by the number of hours
normally expected to be worked that year. In those pay periods which
the employee works more hours than normally expected and does not
receive additional compensation at least equal to the normally
expected hourly rate, the rate for that pay period will be determined by
dividing the actual compensation by the actual hours reported.
(b) Time records: The hours charged to the project must be supported by
adequate time distribution records. The records must clearly indicate
the distribution of hours to all activities on a daily basis for the entire
pay period, and there must be a system in place to ensure that time
charged to each activity is accurate.
(2) Direct Non-Labor Costs charges in this category include per diem expenses for
personnel away from their base of permanent assignment, communication
costs, reproduction and printing costs, computer charges, special equipment
and materials required for the project, special insurance premiums if required
solelyfor this agreement, and such other similar items. Payment for these
9 � Y
items must be made on receipted invoices whenever possible, or on certified
billings of the Consultant. For purposes of standardization of this agreement,
the following expenses will be reimbursed at the rates indicated:
Project No. MAPA-5009(3) - 4 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
ll then
determine if the maximum amount is to be increased, and a supplemental
agreement will be prepared if needed.
C. The City is not responsible for costs incurred prior to the Notice-to-Proceed date or
after the completion deadline date stated in Section IV of this agreement.
D. The fixed-fee is computed upon the direct salary or wage costs, indirect salary
costs, indirect non-salary costs, and direct payroll additives. The fixed-fee is not
allowable upon direct non-salary costs.
E. Actual costs include direct labor costs, direct non-labor costs, and overhead costs.
(1) Direct Labor Costs are the earnings that individuals receive for the time they
are working directly on the project.
Project No. MAPA-5009(3) - 3 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
te 40 @ $80.00 per TON $3,200.00
Western Engineering Co., Inc. $94.00 per TON $3,760.00
U. S.Asphalt Co. $94.98 per TON $3,799.20
12 201.407 7"CONCRETE BASE-TYPE L85
Engineeer's Estimate 210 @ $75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
1 f
1
Automobile 48.5 cents per mile
Survey Vehicle 51.0 cents per mile
Automobile Rental Actual reasonable cost
Computer Not to exceed $20.00 per hour(Consultant must
have on file with the State an approved
methodology for calculating this rate)
Air fare Actual reasonable cost, giving the State
all discounts
Lodging Actual cost, not to exceed
$90.00 per person daily
Meals Actual cost not to exceed:
Breakfast $ 9.00
Lunch $ 14.00
Dinner $ 26.00
$49.00 (Includes tax and gratuity)
(3) Overhead Costs include indirect salary costs, indirect non-salary costs, and
direct salary additives that are allowable in accordance with 48 CFR 31.
Overhead costs are to be allocated to the project as a percentage of direct
labor costs. The consultant will be allowed to project charge theusingits
actual allowable overhead rate. Overhead rate increases which occur during
the project period will not be cause for an increase in the maximum amount
established in paragraph A of this section. When an audit is performed by
the City or State at the completion of the work, the actual allowable overhead
rate for the year the project labor was incurred will be applied to the direct
labor costs for that year. If a particular year's actual overhead has not yet
n year's
been computed or approved bythe Cityor State, the most recent P PP
accepted rate will be applied. The audit may result in additional funds due
the consultant or a final bill due from the consultant.
(4) Fixed Fee for Profit. A maximum of 12 percent is allowed unless the
Consultant's overhead is less than 150 percent, then 13 percent is allowed.
F. The Consultant should submit invoices to the Citymonthly at intervals. The
invoices must present actual direct labor, actual overhead, and actual direct non-
labor costs, as well as a prorated amount of the fixed-fee based upon the actual
Project No. MAPA-5009(3) - 5 -
Control Number 22277
120'h Street, Emmet Street to Roanoke Boulevard
lary
costs, indirect non-salary costs, and direct payroll additives. The fixed-fee is not
allowable upon direct non-salary costs.
E. Actual costs include direct labor costs, direct non-labor costs, and overhead costs.
(1) Direct Labor Costs are the earnings that individuals receive for the time they
are working directly on the project.
Project No. MAPA-5009(3) - 3 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
te 40 @ $80.00 per TON $3,200.00
Western Engineering Co., Inc. $94.00 per TON $3,760.00
U. S.Asphalt Co. $94.98 per TON $3,799.20
12 201.407 7"CONCRETE BASE-TYPE L85
Engineeer's Estimate 210 @ $75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
direct labor and overhead costs billed for that period relative to the Consultant's
estimated total direct labor and indirect overhead costs, until 100 percent of the
fixed-fee has been billed. The fixed-fee amount on the final invoice should be the
difference between 100 percent of the agreed-upon fee and the total amount
previously billed. The invoices must identify the hours worked and each individual's
actual labor cost. Direct non-labor expenses must be itemized and provide a
complete description of each item billed.
Monthly invoices must be substantiated by progress reports which indicate
the percent of work completed. If the Consultant does not submit a monthly
invoice, it shall submit its progress report by the fifth day of each month.
G. The City will make every effort to pay the Consultant within 30 days of receipt of the
Consultant's invoices. Payment is dependent upon whether the monthly progress
reports provide adequate substantiation for the work and whether the City
determines that the work is satisfactory. Upon determination that the work was
adequately substantiated and satisfactory, payment will be made in the amount of
100 percent of the billed actual costs and fixed-fee. After the Consultant has
completed all work required under this agreement, a final bill must be sent to the
City. Upon acceptance by both the City and State, a final audit of all invoiced
amounts will be completed by the City or its authorized representative, if deemed
necessary.
The acceptance by the Consultant of the final payment will constitute and
operate as a release to the City for all claims and liability to the Consultant, its
representatives, and assigns, for any and all things done, furnished, or relating to
the services rendered by or in connection with this agreement or any part thereof.
The Consultant agrees to reimburse the City for any overpayments discovered by
the City or its authorized representative.
H. The Consultant shall maintain, and also require that its
Subconsultants/Subcontractors maintain, all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred and shall make such
material available for examination at its office at all reasonable times during the
agreement period and for three years from the date of final payment under this
agreement. Such materials must be available for inspection by the City, State,
FHWA, or any authorized representative of the federal government, and when
requested the Consultant shall furnish copies.
Project No. MAPA-5009(3) - 6 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
te 40 @ $80.00 per TON $3,200.00
Western Engineering Co., Inc. $94.00 per TON $3,760.00
U. S.Asphalt Co. $94.98 per TON $3,799.20
12 201.407 7"CONCRETE BASE-TYPE L85
Engineeer's Estimate 210 @ $75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
VI. PROFESSIONAL PERFORMANCE
The Consultant understands that the City will rely on the professional performance and
ability of the Consultant to satisfactorily accomplish the work under this agreement. Any
examination by the City, State or the FHWA, or any acceptance or use of the work product of
the Consultant, will not be considered to be a full and comprehensive examination and will not
be considered an approval of the work product of the Consultant which would relieve the
Consultant from any liability or expense that would be connected with the Consultant's sole
responsibility for the propriety and integrity of the professional work to be accomplished by the
Consultant pursuant to this agreement. That further, acceptance or approval of any of the work
of the Consultant by the City or of payment, partial or final, will not constitute a waiver of any
rights of the City to recover from the Consultant, damages that are caused by the Consultant
due to error, omission, or negligence of the Consultant in its work. That further, if due to error,
omission, or negligence of the Consultant, the plans, specifications, and estimates are found to
be in error or there are omissions therein revealed during the construction of the project and
revision or reworking of the plans is necessary, the Consultant shall make such revisions
without expense to the City. The Consultant shall respond to the City's or State's notice of any
errors or omissions within 24 hours and give immediate attention to these corrections to
minimize any delays to the construction contractor. The Consultant shall make project site
visits, if directed by the City. If the Consultant discovers errors in its work, it shall notify the City
and State of the errors within seven days. Failure of the Consultant to notify the City will
constitute a breach of this agreement. The Consultant's legal liability for all damages incurred
by the City caused by error, omission, or negligent acts of the Consultant will be borne by the
Consultant without liability or expense to the City.
VII. CHANGE OF PLAN, ABANDONMENT, SUSPENSION, AND TERMINATION
Additions to the schedule of services, if approved in writing, will require negotiation of a
supplemental agreement. For any work beyond the schedule of services, the Consultant shall
document the additional work, estimate the cost to complete the work, and receive written
approval from the City before the Consultant begins the work. Any such work performed by the
Consultant prior to written approval of the City will be done at the expense of the Consultant.
The City can abandon the project or to change the general scope of work at any time and
such action on its part will in no event be deemed a breach of agreement. The City can
suspend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
If the City abandons or subtracts from the work, or suspends or terminates the agreement
as presently outlined, the Consultant will be compensated in accordance with the provisions of
48 CFR 31, provided however, that in case of suspension, abandonment, or termination for
breach of this agreement or for tender of improper work, the City can suspend payments,
pending the Consultant's compliance with the provisions of this agreement. In determining the
percentage of work completed, the City will consider the work performed by the Consultant prior
to abandonment or termination to the total amount of work contemplated by this agreement.
The ownership of all project plans, documents, etc., completed or partially completed at the time
of such termination or abandonment will be retained by the City and the Consultant shall
immediately deliver all project plans, documents, etc., to the City.
VIII. OWNERSHIP OF DOCUMENTS
All surveys, tracings, plans, specifications, maps, computations, sketches, charts, and
other data prepared or obtained under the terms of this agreement are the property of the City
and the Consultant shall deliver them to the City without restriction or limitation as to further use.
The City acknowledges that such data may not be appropriate for use on an extension of
the work covered by this agreement or on other projects. Any use of the data for any purpose
other than that for which it was intended without the opportunity for Consultant to review the
data and modify it if necessary for the intended purpose will be at the City's sole risk and without
legal exposure or liability to Consultant.
IX. FORBIDDING USE OF OUTSIDE AGENTS
The Consultant warrants that it has not employed or retained any company or person,
other than a bona fide employee working for the Consultant, to solicit or secure this agreement,
and that it has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this agreement. For breach or
violation of this warranty, the City has the right to annul this agreement without liability or, in its
discretion, to deduct from the agreement price or consideration, or otherwise recover the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
X. NON-RAIDING CLAUSE
The Consultant shall not engage the services of any person or persons presently in the
employ of the City and State for work covered by this agreement without the prior written
consent of the employer of the persons.
Project No. MAPA-5009(3) - 8 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
spend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
Xl. GENERAL COMPLIANCE WITH LAWS
The Consultant agrees to comply with all federal, state, and local laws and ordinances
applicable to the work.
XII. DISPUTES
Any dispute concerning a question of fact in connection with the work not disposed of by
this agreement will be referred for determination to the Director of the State or a duly authorized
representative, whose decision in the matter will be final and conclusive on the parties to this
agreement.
XIII. RESPONSI
BILITY FOR CLAIMS AND LIABILITY
A. The Consultant agrees to save harmless the City and State from all claims and
liability due to the negligent activities of the Consultant or those of the Consultant's
agents or employees in the performance of work under this agreement. In this
connection, the Consultant shall for the life of this agreement, carry insurance of the
following types in at least the following amounts:
(1) Bodily Injury and Property •
Damage with a combined
single unit of liability of $500,000 each occurrence
or Bodily Injury
General and Automobile $250,000 each person
General and Automobile $500,000 each occurrence
Property Damage
General and Automobile $250,000 each occurrence
General $500,000 aggregate
(2) Workers' Compensation - Statutory
(3) a) Valuable Papers With the State named as the loss
b) Electronic Data payee. The insurance must be
Processing Coverage in the amount of the total fee
of this agreement.
(4) Professional Liability $2,000,000 with
($500,000 Minimum) $125,000 deductible.
B. The insurance referred to in (1) above must be written under comprehensive
general and comprehensive automobile liability policy forms, including coverage for
Project No. MAPA-5009(3) - 9 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
or any other consideration
contingent upon or resulting from the award or making of this agreement. For breach or
violation of this warranty, the City has the right to annul this agreement without liability or, in its
discretion, to deduct from the agreement price or consideration, or otherwise recover the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
X. NON-RAIDING CLAUSE
The Consultant shall not engage the services of any person or persons presently in the
employ of the City and State for work covered by this agreement without the prior written
consent of the employer of the persons.
Project No. MAPA-5009(3) - 8 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
spend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
1
a
all owned, hired, and non-owned automobiles. The Consultant may, at its option,
provide the limits of liability, as set out above, by a combination of the above
described policy forms and excess liability policies. The Consultant shall furnish
proof of insurance coverage to the City.
XIV. PROFESSIONAL REGISTRATION
The Consultant shall affix the seal of a registered professional engineer or architect
licensed to practice in the State of Nebraska, on all plans, documents, and specifications
prepared under this agreement.
XV. SUCCESSORS AND ASSIGNS
This agreement is binding on successors and assigns of either party.
XVI. DRUG-FREE WORKPLACE POLICY
The Consultant shall have an acceptable and current drug-free workplace policy on file
with the State.
XVII. FAIR EMPLOYMENT PRACTICES ACT
The Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as
provided by Sections 48-1101 through 48-1126, Nebraska Revised Statutes, which is hereby
made a part of and included in this agreement by reference.
XVIII. DISABILITIES ACT
The Consultant agrees to comply with the Americans with Disabilities Act of 1990 (P.L.
101-366), as implemented by 28 CFR 35, which is hereby made a part of and included in this
agreement by reference.
XIX. DISADVANTAGED BUSINESS ENTERPRISES
The Consultant shall ensure that disadvantaged business enterprises, as defined in
49 CFR 26, have the maximum opportunity to compete for and participate in the performance of
subagreements financed in whole or in part with federal funds under this agreement.
Consequently, the disadvantaged business requirements of 49 CFR 26 are hereby made a part
of and included in this agreement by reference.
The Consultant shall not discriminate on the basis of race, color, sex, or national origin in
the award and performance of FHWA-assisted contracts. Failure of the Consultant to carry out
the requirements set forth above will constitute a breach of this agreement and, after the
notification of the FHWA, may result in termination of this agreement by the City or such remedy
as the City deems appropriate. The SUBLETTING, ASSIGNMENT OR TRANSFER Section of
this agreement further explains the Consultant's responsibility in ensuring that disadvantaged
business enterprises have the maximum opportunity to compete for subagreements.
Project No. MAPA-5009(3) - 10 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
he City and State for work covered by this agreement without the prior written
consent of the employer of the persons.
Project No. MAPA-5009(3) - 8 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
spend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
XX. NONDISCRIMINATION
A. Compliance with Regulations: During the performance of this agreement, the
Consultant, for itself and its assignees and successors in interest, agrees to comply
with the regulations of the DOT relative to nondiscrimination in federally-assisted
programs of the DOT (49 CFR 21 and 27), hereinafter referred to as the
Regulations), which are hereby made a part of and included in this agreement by
reference.
B. Nondiscrimination: The Consultant, with regard to the work performed by it after
award and prior to completion of this agreement, shall not discriminate on the basis
of race, color, sex, or national origin in the selection and retention of
subconsultants, including procurements of materials and leases of equipment. The
Consultant shall not participate either directly or indirectly in the discrimination
prohibited by 49 CFR 21.5, including employment practices when the agreement
covers a program set forth in Appendixes A, B, and C of 49 CFR 21.
C. Solicitations for Subaqreements, Including Procurements of Materials
and Equipment: In all solicitations either by competitive bidding or negotiation
made by the Consultant for work to be performed under a subagreement, including
procurements of materials or equipment, each potential Subconsultant or supplier
shall be notified by the Consultant of the Consultant's obligations under this
agreement and the Regulations relative to nondiscrimination on the basis of race,
color, sex, or national origin.
D. Information and Reports: The Consultant shall provide all information and reports
required by the Regulations, or orders and instructions issued pursuant thereto, and
shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the City, State or FHWA to be pertinent to
ascertain compliance with such Regulations, orders, and instructions. Where any
information required of a Consultant is in the exclusive possession of another who
fails or refuses to furnish this information, the Consultant shall certify to the City,
State or FHWA, as appropriate, and set forth what efforts it has made to obtain the
information.
E. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with
the nondiscrimination provisions of this agreement, the City will impose such
agreement sanctions as it or the State and FHWA may determine to be appropriate,
including but not limited to withholding of payments to the Consultant under this
Project No. MAPA-5009(3) - 11 -
Control Number 22277
120`h Street, Emmet Street to Roanoke Boulevard
vard
spend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
4
agreement until the Consultant complies, and/or cancellation, termination, or
suspension of this agreement, in whole or in part.
F. Incorporation of Provisions: The Consultant shall include the provisions of
paragraphs A through E of this section in every subagreement, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, orders, or instructions issued pursuant thereto. The Consultant shall
take such action with respect to any subagreement or procurement as the City,
State or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided however, that in the event a Consultant
becomes involved in or is threatened with litigation with a Subconsultant/
Subcontractor as a result of such direction, the Consultant may request that the City
enter into such litigation to protect the interests of the City and, in addition, the
Consultant may request that the State and United States enter into such litigation to
protect the interests of the State and United States.
XXI. SUBLETTING, ASSIGNMENT, OR TRANSFER
The Subconsultant/Subcontractor PBS&J will perform the work associated with the
Hydrologic and Hydraulic Analyses, and Tetra Tech will perform the work associated with the
Environmental Action Plan.
Any other subletting, assignment, or transfer of any services to be performed by the
Consultant is hereby prohibited unless prior written consent of the City is obtained.
The Consultant shall enter into an agreement with its Subconsultants/Subcontractors for
work covered under this agreement. All Subconsultant/Subcontractor agreements for work
in excess of 10 000 must contain similar provisions to those in
covered under this agreement, a ces $
this agreement. No right-of-action against the City will accrue to any
Subconsultant/Subcontractor by reason of this agreement.
As outlined in the DISADVANTAGED BUSINESS ENTERPRISES Section of this
agreement, the Consultant shall take all necessary and reasonable steps to ensure that
disadvantaged business enterprises have the maximum opportunity to compete for and perform
subagreements. Any written request to sublet any other work must include documentation of
efforts to employ a disadvantaged business enterprise.
XXII. CONFLICT OF INTEREST
By signing this agreement, the Consultant certifies that it has no financial or other
interests in the outcome of this project.
Project No. MAPA-5009(3) - 12 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
oject No. MAPA-5009(3) - 11 -
Control Number 22277
120`h Street, Emmet Street to Roanoke Boulevard
vard
spend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
XXIII. CONSULTANT CERTIFICATION
The Consultant hereby certifies that wage rates and other factual unit costs supporting the
fees in this agreement are accurate, complete, current, and subject to adjustment, if required, as
provided by Sections 81-1701 through 81-1721, Nebraska Revised Statutes.
After being duly sworn on oath, I do hereby certify that except as noted below, neither I
nor any person associated with the firm in the capacity of owner, partner, director, officer,
principal investor, project director, manager, auditor, or any position involving the administration
of federal funds:
a) has employed or retained for a commission, percentage, brokerage, contingent fee,
or other consideration, any firm or person (other than a bona fide employee working solely
for me or the above consultant)to solicit or secure this agreement, or
b) has agreed, as an express or implied condition for obtaining this agreement, to
employ or retain the services of any firm or person in connection with carrying out this
agreement, or
c) has paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee, contribution,
donation, or consideration of any kind for, or in connection with procuring or carrying out
this agreement, except as here expressly stated (if any).
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters-Primary Covered Transactions
Instructions for Certification
1. By signing this agreement, the Consultant is providing the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily
result in denial of participation in this project. The Consultant shall submit an explanation of why
it cannot provide the certification set out below. The certification or explanation will be
considered in connection with the City's determination whether to enter into this agreement.
However, failure of the Consultant to furnish a certification or an explanation will disqualify the
Consultant from participation in this agreement.
Project No. MAPA-5009(3) - 13 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
mentation of
efforts to employ a disadvantaged business enterprise.
XXII. CONFLICT OF INTEREST
By signing this agreement, the Consultant certifies that it has no financial or other
interests in the outcome of this project.
Project No. MAPA-5009(3) - 12 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
oject No. MAPA-5009(3) - 11 -
Control Number 22277
120`h Street, Emmet Street to Roanoke Boulevard
vard
spend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the State determined to enter into this agreement. If it is later determined that the
Consultant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal government, the City may terminate this agreement for cause or default.
4. The Consultant shall provide immediate written notice to the City if at any time the
Consultant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of the rules implementing Executive Order 12549.
6. The Consultant agrees that should the proposed covered transaction be entered into, it
will not knowingly enter into any lower tier covered transaction with a person who is debarred,
participation in this covered
suspended, declared ineligible, or voluntarily excluded from p p
transaction, unless authorized by the City before entering into this agreement.
7. The Consultant further agrees to include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction," provided by the State without modification, in all lower tier covered transactions
and in all solicitations for lower tier covered transactions.
8. The Consultant in a covered transaction may rely upon a certification of a prospective
Subconsultant in a lower tier covered transaction that it is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A Consultant may decide the method and frequency by which it determines the
eligibility of its principals.
9. Nothing contained in the foregoing will be construed to require establishment of a system
of records in order to render in good faith the certification required by this clause. The
knowledge and information of the Consultant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
Project No. MAPA-5009(3) - 14-
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
- 12 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
oject No. MAPA-5009(3) - 11 -
Control Number 22277
120`h Street, Emmet Street to Roanoke Boulevard
vard
spend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
10. Except for transactions authorized under paragraph six of these instructions, if the
Consultant in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the federal government, the City may
terminate this agreement for cause or default.
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
A. The Consultant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or agency;
(2) Have not within a three-year period preceding this agreement been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction; violation of federal or state antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(federal, state, or local)with commission of any of the offenses enumerated
in paragraph A.(2)of this certification; and
(4) Have not within a three-year period preceding this agreement had one or more public
transactions (federal, state, or local)terminated for cause or default.
B. Where the Consultant is unable to certify to any of the statements in this certification,
such Consultant shall attach an explanation to this agreement. I acknowledge that this
certification is to be furnished to the State and the FHWA in connection with this agreement
involving participation of federal-aid highway funds and is subject to applicable, state and
federal laws, both criminal and civil.
Project No. MAPA-5009(3) - 15 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
The
knowledge and information of the Consultant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
Project No. MAPA-5009(3) - 14-
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
- 12 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
oject No. MAPA-5009(3) - 11 -
Control Number 22277
120`h Street, Emmet Street to Roanoke Boulevard
vard
spend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
XXIV. CITY OF OMAHA CERTIFICATION
After being duly sworn on oath, I, Mike Fahey, by signing this agreement do hereby certify
that the Consultant or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this agreement to:
(a) employ or retain, or agree to employ or retain, any firm or person, or(b) pay or agree to pay
to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind.
I acknowledge that this certificate is to be furnished to the State and FHWA in connection
with this agreement involving participation of federal-aid highway funds and is subject to
applicable state and federal laws, both criminal and civil.
XXV. ALL ENCOMPASSED
This instrument embodies the whole agreement of the parties. There are no promises,
terms, conditions, or obligations other than contained herein, and this agreement supersedes all
previous communications, representations, or other agreements or contracts, either oral or
written hereto.
Project No. MAPA-5009(3) - 16 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
tutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(federal, state, or local)with commission of any of the offenses enumerated
in paragraph A.(2)of this certification; and
(4) Have not within a three-year period preceding this agreement had one or more public
transactions (federal, state, or local)terminated for cause or default.
B. Where the Consultant is unable to certify to any of the statements in this certification,
such Consultant shall attach an explanation to this agreement. I acknowledge that this
certification is to be furnished to the State and the FHWA in connection with this agreement
involving participation of federal-aid highway funds and is subject to applicable, state and
federal laws, both criminal and civil.
Project No. MAPA-5009(3) - 15 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
The
knowledge and information of the Consultant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
Project No. MAPA-5009(3) - 14-
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
- 12 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
oject No. MAPA-5009(3) - 11 -
Control Number 22277
120`h Street, Emmet Street to Roanoke Boulevard
vard
spend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their proper officials thereunto duly authorized as of the dates below indicated.
STATE OF NEBRASKA )
)ss.
DOUGLAS COUNTY )
After being duly sworn on oath, I do hereby acknowledge the foregoing certification and
state that I am authorized to sign this agreement for the firm.
EXECUTED by the Consultant this Z/ day of PI el , 2008.
THE SCHEMMER ASSOCIATES INC.
Stephen D. Kathol, PE, SE
IP
r' P ZA4.1---
Princip.l
Sr'
Subscribed and sworn to before me this day of , 2008.
NERAL NOTARY-State of Nebraska
XJfANA L BO ER ,
1 Comm.EV.fury 5,2008 a ry P
EXECUTED by the City this ,day of , 2008.
CITY OF OMAHA
Mike Fahey
APPROVED AS TO FORM:
a
DEPUTY CITY ATTORNEY
Y
STs
//‘ STATE OF NEBRASKA
DEPARTMENT OF ROADS
ster Brown, City Clerk Approved as to form
James J. Knott, P.E.
Roadway Design Engineer
Date
Project No. MAPA-5009(3) - 17 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
n property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(federal, state, or local)with commission of any of the offenses enumerated
in paragraph A.(2)of this certification; and
(4) Have not within a three-year period preceding this agreement had one or more public
transactions (federal, state, or local)terminated for cause or default.
B. Where the Consultant is unable to certify to any of the statements in this certification,
such Consultant shall attach an explanation to this agreement. I acknowledge that this
certification is to be furnished to the State and the FHWA in connection with this agreement
involving participation of federal-aid highway funds and is subject to applicable, state and
federal laws, both criminal and civil.
Project No. MAPA-5009(3) - 15 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
The
knowledge and information of the Consultant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
Project No. MAPA-5009(3) - 14-
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
- 12 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
oject No. MAPA-5009(3) - 11 -
Control Number 22277
120`h Street, Emmet Street to Roanoke Boulevard
vard
spend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
, ... 1
' . .
. . . .
, .
LOCATION MAP
CROWN KANSAS
1 Rol p
cd-
LAUREL AVE)
",e\-;•.),
AVE !"' "ffiEB UGH
iIMEBAUGH
on
, )SON t-, >
a
L.,
,- CC
u., a
Ave
03 n.
CU a, ko,
OGD:N
FORT ST .---
AVE
,DEN i
,...
c,. Ln • ,r)
ru -
,c,GF
CAMDEN
POVAir te, >
LJ =, C 1
N \21
ID ROANOKE
c.
Ln I VI 41
x FOWLER
cli ....
MEREDITH
,
REDITH
SUNBURST
: \ f-u-
TAYLOR
I____-:
S AVE
...,
VACINITY MAP
, er — 120th Street
Emmet St to Roanoke Blvd
N ,....
. a. SAHLER
111 SAH ER P•AGUE ....
... ..
G..' en
.....r., up ,
(., RD
, ,
-
..,,
3.
SPAU ,INC...____J_,'
MANDERSOI;I___—.E2 2V. c P-S°'' sl
0 Ni,
0' e
2 AURORA ___.—pPzZ_,
MAPLE ST L.,
>
a s)
-
A.
)
/ ctife, 2.1 EvANs
s's
Is')
0 srp,
6:9,
, "<^
'..417 99- .<7."' PENC ,.. DR STONEGATE CIR
2 ,..%'/
••.> WIRT w I U-
--i
.0 N EY to al
_.........\,<ST
'[ BY
. 1
::',.....
'.
: .
, •
..';
- -
Project No. MAPA-5009(3) Exhibit 'A'
Control Number 22277 Page 1 of 1
120th Street, Emmet Street to Roanoke Boulevard
ess dealings.
Project No. MAPA-5009(3) - 14-
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
- 12 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
oject No. MAPA-5009(3) - 11 -
Control Number 22277
120`h Street, Emmet Street to Roanoke Boulevard
vard
spend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
Project No. MAPA-5009(3) - 7 -
Control Number 22277
120th Street, Emmet Street to Roanoke Boulevard
$75.00 per SY $15,750.00
Western Engineering Co., Inc. $59.00 per SY $12,390.00
U. S.Asphalt Co. $58.18 per SY $12,217.80
Page 4 of 5, 6/4/2008 2:55:32 PM, Bid Tabulation, Generated by:admin for project OPW 51481
ation, Generated by:admin for project OPW 51477
ted by law, neither the CLIENT nor
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
CITY OF OMAHA, NEBRASKA
120TH STREET IMPROVEMENTS
EMMET TO ROANOKE BOULEVARD
MAPA-5009(3), C.N. 22277
OPW No. 50949
This project includes work associated with design services related to the completion of
an environmental evaluation and preliminary engineering plans to improve 120th Street
from approximately 800-feet south of Emmet Street to Roanoke Boulevard. The
environmental assessment will analyze conditions further north to Fort Street. The
project will upgrade the existing two-lane rural section to a four-lane divided urban
section with storm sewers. This work will also include improvements to the W. Maple
Road, Old Maple Road, and Emmet Street intersections at 120th Street, along with
improvements to adjacent side roads and drives as required to match the new roadway
section and profile. The project will be funded in part by federal aid. The required
services will include project administration, topographic field survey, traffic analyses,
preliminary roadway design, preliminary drainage design, preliminary bridge design,
hydrologic and hydraulic analyses, channel design, public meetings, development of an
environmental action plan, and Geotechnical Engineering. A contract amendment will
add final design services and potential construction management services as
necessary. The design will conform to all applicable City of Omaha, Nebraska
Department of Roads, and Federal Highway Administration requirements.
Information Provided by the City or Others
The City will provide all available information including studies, reports, mapping, as-
built plans, and data. The City will also provide the following:
a. Land ownership title searches
b. Maps of all City utilities
c. As-built plans of 120th Street from Roanoke Boulevard to Fort Street
(Roanoke Business Park Development)
d. As-built plans of 120th Street and West Maple Road Intersection
e. As-Built plans of 120th Street Bridge over Big Papillion Creek and
Approaches
f. As-Built plans of 120th Street and Fort Street intersection
g. As-Built plans of all adjacent and affected storm and sanitary sewers
h. Historical traffic volume counts
i. Projected daily traffic volumes (from Metro Area Planning Agency)
j. Available crash data
k. Turning movement/pedestrian counts at 120th/Old Maple Road, 120th/VV.
Maple Road, 120th/Emmet, W. Maple Road/Eagle Run Drive, 120th/all (3)
drives to Mulhall's, Keystone ball diamond entrance drives, and Tranquility
Park entrance drives.
GIS Information
m. Data on existing City control points and benchmarks
n. Current list of utility companies and contact information
o. Advertisements for public meetings
p. Sample Plans
Design Plan Sheets
Roadway plan sheets will be prepared in standard City of Omaha format. Bridge plans
will be prepared in standard Nebraska Department of Roads format. The following plan
sheets are anticipated to be included in the preliminary plan set:
a. Cover Sheet
b. Typical Section Sheets
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 1
120th Street- Emmet Street to Roanoke Boulevard
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
c. Horizontal Control Sheets
d. Right-of-Way Strip Map
e. Removal Sheets
f. Construction Sheets
g. Geometric Sheet (20 scale)
h. Drainage Plan Sheets
Drainage Profile Sheets
j. Roadway Plan and Profile Sheets
k. Construction Phasing Sheet (with hatching to denote phasing and time of
lane closure)
Roadway Cross-Section Sheets
m. Bridge Type, Size, and Location Sheets
n. Channel Grading Sheets
o. Erosion Control Sheets
Right-of-Way Strip Maps
Strip map tract drawings will be prepared with legal descriptions showing all affected
tracts. The following sheets are anticipated:
a. Right-of-Way Tract Strip Map- showing acquisitions and easements
b. Easement Strip Map- tract maps for each individual parcel that is impacted
Submittals
The following formal submittals are anticipated:
a. 15% complete- plan and profile partial set
b. 30 % complete- Plan-in-Hand
c. Complete preliminary plan set
Project Tasks
The following tasks are anticipated to complete the work for this project:
I. Project Administration- This task consists of project management activities, agency
J
and stakeholder meetings, Utility coordination meetings, Kickoff and progress meetings
with City staff and internal coordination meetings.
a. Project Management- Includes activities required for budget and schedule
staff assignments, internal cost control,
management, g preparation and
r essin of project correspondence, invoices, and monthlyprogress reports
processing pp 9 p
throughout this phase of the project.
b. Kickoff and Progress Meetings with City Staff- A kickoff meeting will be
scheduled with City staff and key stakeholders. The City will provide a list of all
staff and key stakeholders to be invited to the kickoff meeting. The kickoff
meeting will be held shortly after notice-to-proceed.
Progress meetings with City staff will be conducted to update progress and seek
resolution of identified issues. Project review meetings will be scheduled
concurrently with progress meetings to review comments on plan submittals.
Four (4) progress meetings are anticipated. Meetings will be attended by the
project manager and an average of two additional project team members.
c. Other Agency Meetings- The Consultant will schedule, prepare, conduct, and
prepare meeting minutes. Due to the unique floodplain issues related to this
Project, additional coordination meetings are expected with the Corps of
Engineers (Corps) and the Papio-Missouri River Natural Resources District
(NRD) to obtain and/or discuss hydraulic model development. It is recognized
that the NRD will want the Corps to incorporate any model modifications by the
Consultant. Should the Corps object or have pertinent reasons not to find the
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 2
120`h Street- Emmet Street to Roanoke Boulevard
b. Typical Section Sheets
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 1
120th Street- Emmet Street to Roanoke Boulevard
OLSSON, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way
to the.Project or to this AGREEMENT. This mutual waiver of
consequential damages shall include, but is not limited to, loss
of use, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
•
modification acceptable, the consultant will need to work with and come to
agreement with the Corps and, subsequently, the NRD on any and all model
changes. Necessary personnel of the design team will attend five(5) anticipated
meetings, with the agencies shown below. Necessary personnel are anticipated
to consist of the project manager and one additional project team member.
i. City of Omaha Staff
ii. Nebraska Department of Roads
iii. Papio-Missouri River Natural Resources District
iv. Federal Emergency Management Agency
v. U.S. Army Corps of Engineers- Omaha District
vi. Federal Highway Administration
vii. Emergency Services
Meetings will be organized to include as many agencies as appropriate.
d. Team Coordination Meetings- Includes internal staff and subconsultant
coordination meetings throughout project development.
topographic field of the
II. Topographic Field Survey-This task consists ofa survey
project corridor including horizontal and vertical control, locating section corners and
property pins, locating existing utilities, and cross-sections of the Big Papillion Creek
Channel. Survey shall be in accordance with current City of Omaha survey specifications.
a. Topographic Field Survey-The consultant will collect topographic survey data
within the following limits:
i. An approximate 200 ft wide corridor along 120th Street from
the South approach of the bridge South of Emmet Street to
Roanoke Boulevard.
ii. An approximate 200 ft. wide corridor along W. Maple Road,
one thousand (1000) feet west of 120th Street and to the Papio
Creek Bridge west end-of-floor, east of 120th Street
iii. Additional areas of Tranquility Park including the North access
drive and area North of the soccer fields.
b. Horizontal and Vertical Control-The consultant will establish control points along
the project corridor at regular intervals and provide control point ties to
topographic features of permanent nature.
Horizontal control points will be established and referenced to
existing section corners and lot pins. The control points will be
permanent in nature and tied to Nebraska 2600 State Plane
Coordinate system.
ii. Vertical control points will be established and referenced to
USGS NAVD88 datum. There will be a minimum of three
permanent benchmarks established with additional temporary
benchmarks set along the project corridor at intervals not to
exceed 300 feet.
c. Section Corners and Property Pins- The consultant will locate necessary section
corners, quarter-section corners, and property corners for use in drafting existing
right-of-way and property lines. The consultant will develop the right-of-way strip
map using found material in the field, existing right-of-way plans, plats, and
surveys.
d. Existing Utilities-The consultant will call in a One-Call utility locate ticket. Utilities
will be shown based on visible, above ground, evidence in the field and utility
locators markings. The topographic survey will be sent to notified utilities for an
additional check. At this time it will be assumed that no new utilities have been
constructed. A disclaimer in regards to the undetermined location of underground
utilities will be added to the drawings. Any noted additions or deletions will be
drafted in the topo graphic file.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 3
120th Street- Emmet Street to Roanoke Boulevard
, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
e. Cross-Sections of Big Papillion Creek Channel- The consultant shall record Full
Width cross section data at a minimum of 50 foot intervals, 400 feet upstream
and downstream of 120th Street. Points will be recorded at all tops, toes, channel
bottoms or flow lines, edges of water noting depth, and other significant breaks in
grade. Additional data will be gathered to define other noticeable features such
as berms, plunge pools, branch drainage ways, and other abrupt changes in
grade.
III. Traffic Engineering- This task will consist of traffic analyses for both existing (2008)
and projected future (2031) conditions, crash data review, alternative improvement
development, and technical memorandum summary.
a. Traffic Data Collection-The City will provide all traffic data necessary to
conduct the traffic engineering tasks.
b. Traffic Analyses- Traffic analyses will be conducted for both existing
(2008) and projected future (2031) conditions. Traffic volume projections
will be provided by the Metropolitan Area Planning Agency.
c. Review Crash Data- A review of all available crash data provided by the
City along the project corridor, including key intersections, will be
conducted to identify necessary safety improvements to be included in the
proposed design.
d. Alternative Improvement Development- Alternative improvement concepts
and recommendations will be prepared for the following intersections. The
concepts will include estimated costs, impacts and user benefits:
i. 120th & Old Maple Road- No traffic analysis to be performed.
Intersection will be right-in/right-out only and design will attempt to
move Old Maple Road as far north as feasible without significantly
impacting the maintenance shop.
ii. 120th & W. Maple Road- One alternative will be evaluated.
Alternative to include dual left-turn lanes on all approaches, right-
turn lanes on eastbound and westbound approaches and right-turn
lanes on northbound and southbound approaches as existing right-
of-way allows. Traffic analysis will be limited to calculating required
turn lane storage lengths. (Design to accommodate future six lanes
on W. Maple Road.)
iii. 120rn& Emmet- Two (2) alternatives will be evaluated. One will
include the closure of the median in 120th Street at Emmet while the
other will investigate maintaining the median opening at this
location. To include potential impacts to all Mulhall's Nursery
Driveways and W. Maple Road & Eagle Run Drive.
e. Technical Memorandum- A technical memorandum will be prepared to
document the results of existing and projected future traffic analyses,
alternative improvement analyses and recommendations.
IV. Preliminary Roadway Design- This task will include site inspection, data collection,.
typical sections, geometrics, right-of-way, removal plans, construction plans, horizontal
and vertical alignment alternatives, roadway cross sections, construction phasing, limits of
construction, retaining walls, channel grading, erosion control, opinion of probable
construction costs, design report, and plan-in-hand.
a. Site Inspection- Includes site visits during preliminary design to verify site
constraints, impacts, and compatibility with proposed design.
b. Data Collection- Existing information and data available for the project will
be assembled and reviewed including as-built information for existing streets,
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 4
120th Street- Emmet Street to Roanoke Boulevard
Emmet Street to Roanoke Boulevard
, loss of profit, loss of business, loss of income, loss of
19-3868.01 Page 5 of 5
ing prices, or over
andcompetitive bidding or market conditions, OLSSON's opinions
OLSSON shall retain an ownership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
1
structures, utilities, storm sewers, right-of-way, traffic data, and other relevant
information available.
c. Typical Sections- Typical sections will be developed for the 4-lane divided
roadway in conjunction with City standards for the mainline roadway, side
streets and frontage roads, and major driveways.
d. Geometrics- Geometric sheets will be developed that detail the horizontal
control and alignments for the mainline roadway, side streets and frontage
roads, and major driveways. Complete geometrics for corner radii, handicap
ramps, driveway returns, and other construction details will not be shown in
the preliminary plan set.
e. Right-of-Way- Strip map tract drawings and legal descriptions for anticipated
right-of-way will be prepared based on Title Certificates provided by the City.
Proposed Right-of-Way acquisitions and temporary and permanent
easements will be shown on the strip map tract drawings. Seventeen (17)
separate tract drawings are anticipated.
f. Removal Plans- Sheets will be prepared that show removals required for the
project in accordance with City of Omaha pay items.
g. Construction Plans- Sheets will be prepared that detail construction for the
project in accordance with City of Omaha pay items.
h. Horizontal and Vertical Alignment Alternatives- Up to two (2) horizontal
alignment alternatives and up to three (3) vertical alignment alternatives will
be studied during preliminary design. Horizontal alignment alternatives will
coordinate in conjunction with environmental impacts to 4(f) and 6(f)
protected properties. Vertical alignment alternatives will coordinate in
conjunction with floodplain impacts and other geometric constraints. A
criteria matrix will be developed to evaluate construction costs,
environmental impacts, floodplain considerations, right-of-way requirements,
utility impacts, and other criteria deemed necessary for each alternative. The
Consultant will work closely with City staff to analyze criteria and recommend
a horizontal and vertical alignment alternative.
After a horizontal and vertical alignment alternative has been approved by
the City, the approved alignment will be developed on 50 scale plan and
profile sheets. Mitigation measures related to the 4(f) and 6(f) properties
may be required as part of this project. At this time, mitigation design
measures are limited to the redesign of the Tranquility Park parking lot. Any
additional mitigation design measures required will be negotiated as a
change in scope.
i. Roadway Cross-Sections- Cross-sections will be developed at twenty-five
(25) foot intervals, at each edge of intersecting driveways, and at additional
locations as may be necessary to detail earthwork requirements, quantities
and drainage requirements, along the mainline roadway. Additional cross-
section will be developed as may be necessary for side streets and frontage
roads and major driveways.
j. Construction Phasing- A conceptual construction phasing plan will be
developed for the roadway segment south of the Tranquility Park entrance
drive and for the roadway segment north of the Erin Court entrance drive.
The purpose of the phasing plan will be to identify necessary easements and
right-of-way and to determine construction schedule. In addition, hatching
will be added to denote traffic phasing and time of lane closure.
k. Limits of Construction- Final limits of construction will be indicated on the
plan sheets.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 5
120th Street- Emmet Street to Roanoke Boulevard
L
nership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
1 f
, f
I. Retaining Walls- Prepare preliminary design for all retaining walls including
location, length, height and type of wall. Location limits of retaining walls will
be shown on the plan sheets and indicated in the cross sections.
m. Channel Grading- Prepare preliminary grading plan detailing limits, contours
and slopes of channel grading required for the Big Papillion Creek. Limits
are anticipated to be approximately 200 feet upstream and downstream of
120th Street.
n. Erosion Control Plans- Prepare preliminary erosion control plans in
accordance with City of Omaha regional stormwater design manual.
o. Opinion of Probable Construction Cost- City of Omaha bid items and unit
prices will be used to compute quantities and submit an opinion of probable
construction cost at the beginning of preliminary design (after selection of
preferred design alternatives) and at completion of the preliminary plans.
p. Plan-in-Hand- A plan in hand meeting will be scheduled and conducted with
the City of Omaha and Nebraska Department of Roads staff at approximately
fifty (50) percent preliminary design plan completion. A plan-in-hand report
summarizing the significant finding and decisions will be prepared and
submitted.
q. Utility Coordination- Includes coordination with the known utility companies
to identifythe limits andpotential conflicts of all utilities alongthe project
corridor. Two utility coordination meeting are anticipated.
The first meeting will be conducted early in the project to inform the utility
companies of the project and to request maps of all existing utilities within the
project corridor. Preliminary drawings will be supplied to all utility companies
requesting design information.
The second meeting will be conducted near completion of the preliminary
design to inform all utility companies of utility conflicts and relocations
required. Constraints and schedule for utility relocations will be requested
from utility companies at the meeting. At the completion of preliminary
design, plans will be submitted to all utility companies for review and use in
developing preliminary relocation plans and schedules.
Meeting minutes will be prepared for all meetings.
r. Quality Assurance/Quality Control (QA/QC)- The consultant shall perform
QA/QC reviews of project documents at various stages of design and prior to
any formal submittal.
s. Tranquility Park Parking Lot Redesign- The Tranquility Park parking lot will
be redesigned to mitigate loss in parking due to 120th Street improvements.
r r drainage studyand drainage
V. PreliminaryDrainage Design- This task will prepare e a d
9 9p p 9 9
plan and profiles as follows:
a. Drainage Study- A drainage study will be conducted including drainage area
calculations, runoff calculations, locations of inlets, and size and slope of lateral
storm sewers and truck lines. Design for Storm sewers will be based upon the
Omaha Regional Stormwater Design Manual.
b. Drainage Plan and Profiles- Storm sewer improvements including pipe, inlets
and manholes will be shown on the drainage plan and profile sheets.
Information will be shown according to City of Omaha standards.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 6
120th Street- Emmet Street to Roanoke Boulevard
will be added to denote traffic phasing and time of lane closure.
k. Limits of Construction- Final limits of construction will be indicated on the
plan sheets.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 5
120th Street- Emmet Street to Roanoke Boulevard
L
nership and property interest
therein whether or not the Project is completed. CLIENT may of probable Total Project Costs and Construction Cost
make and retain copies for information and reference in provided for herein are to be made on the basis of OLSSON's
experience and qualifications
connection with the use and occupancy of the Project by and represent OLSSON's best
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
s ,
VI. Preliminary Bridge Design- This task will investigate and analyze bridge design
alternatives over the Big Papillion Creek and prepare a Type, Size, and Location drawings
of the recommended bridge alternative as followings. No bridge work, other than
replacing the south and north approach slabs, is anticipated for the bridge south of Emmet
Street over the unnamed drainage channel. If bridge rehabilitation or widening is deemed
necessary for this bridge, preliminary design services will be added as additional work.
a. Bridge Design Alternatives- Up to three (3) bridge design alternatives will be
analyzed for the structure over Big Papillion Creek. The alternatives will
coordinate with the three vertical profile alternatives and are anticipated to
include; widening the existing bridge and concrete and/or steel girder
replacement bridges.
b. Site Investigations- Site investigations will be performed to assess the condition
of the existing structure and the feasibility of widening and/or constructing a new
bridge. Any structural deficiencies identified will be documented.
c. Type, Size, and Location Drawings- Plan and Elevation drawings will be
prepared indicating the type, size, and location of the proposed bridge design
over Big Papillion Creek and the bridge over the unnamed drainage channel
south of Emmet (approach slabs only) in accordance with the Nebraska
Department of Roads Bridge Office Policies and Procedures.
VII. Hydrologic and Hydraulic Analyses-This task will include establishing floodplain
and floodway water surface profiles for design conditions (50-year and 100-year peak
discharges — Big Papillion Creek within Project area) for comparison and development
of alternative design. It is understood that the floodplain hydrology will be based on
future conditions as per agreement by the Papio Creek Coalition. This hydrology is in
development stage at this time. It is understood that the existing conditions hydrologic
model (HEC-HMS) has been developed but has not been approved by FEMA. It is
understood that the Big Papillion Creek floodplain has LiDAR information obtained in
2004 and that this information is available for use for this Study. It is also understood
that the bridge information for W. Maple Road and Fort Street are also available.
However, it is understood that a hydraulic model (HEC-RAS) has not been developed to
date.
It is also understood that the US Army Corps of Engineers (Corps) will be working with
the Papio-Missouri River Natural Resources District (NRD) to develop the hydrologic
and hydraulic modeling for the Big Papillion Creek basin as necessary for FEMA review
and approval. The hydrologic model will be developed for Future Conditions whereas
the hydraulic model will be for Existing Conditions. The NRD has expressed interest in
working with the City of Omaha to incorporate the preferred alternative 120th Street
Improvement into the hydraulic model.
a. Data Collection- Existing hydrologic, hydraulic and LiDAR information will be
obtained from the NRD. As-built bridge drawings for W Maple Road, 120th
Street and Fort Street within the Project Area will be obtained from the City of
Omaha. The information from the bridge as-builts will be compared to the
hydraulic model information and the hydraulic model updated as necessary.
b. Hydrology- The Consultant will incorporate the hydrologic models for both
existing and future conditions that have been generated and are to be
provided by the NRD.
c. Hydraulics- The existing conditions floodplain hydraulic model will be
established through generation of cross section locations and descriptions
using the LiDAR information; roughness and expansion/contraction
parameter descriptions based on a site inspection; and existing bridge data
information from the City. The existing conditions floodplain hydraulic model
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
The existing conditions floodway hydraulic model will then be generated using
the adopted FEMA floodway limits and executed with the future conditions
hydrology. The floodway model results will be compared to that of the
floodplain model. Should the floodway model results be no higher than 1-foot
above each of the respective floodplain cross section locations, then the
floodway limits shall be adopted. Should the floodway model results at any
location exceed a 1-foot rise above the respective floodplain model location,
the floodway model shall be modified until the floodway model results meet
the rise requirements.
Alternate proposed conditions floodplain hydraulic models will then be
established and executed. The alternatives will include:
i. A roadway raise to meet the 50-year flood requirement with a
bridge low chord meeting the 100-year flood requirement.
ii. A roadway at existing grade with a bridge design such as to
allow FEMA requirements. The risk of roadway overtopping will
be established for this alternative.
iii. Should the risk of overtop of the existing roadway grade be
considered unacceptable, a third alternative shall be
investigated that raises the roadway grade below the 50-year
requirement but greater than the existing roadway grade such
that the risk is reduced. This alternative will present a lower
cost alternative than the 50-year flood alternative, but at a
greater risk of overtop frequency.
The criteria for each alternative will be that such alternative must meet the no-
rise requirement for the 100-year flood. Should the respective alternative
floodplain model not meet the no-rise requirement, the model will be modified
until the no-rise criteria is meet. Should it be found that the alternative can
not be reasonably expected to meet the no-rise, such condition shall be noted
and with a subsequent meeting with the NRD to discuss an acceptable
proposed condition floodplain hydraulic model. Alternatives meeting the no-
rise requirement will then have the proposed conditions floodway model
generated, executed and checked against the floodplain model to verify the 1-
foot requirement. Should the 1-foot requirement be violated, such violation
shall be noted. A recommended floodway shall then be developed for future
NRD consideration.
d. Report- The Consultant shall document the data collected, the hydrologic
and hydraulic assumptions adopted, the modeling process, and the modeling
results and present these in a Final Report.
Other deliverables shall include submittal of a Floodplain Permit to the NRD
and the City. A no-rise condition will be sought. However, should the
preferred alternative selected by the City of Omaha result in a rise to the
base flood elevations, then a map-change will be required. Such a map
change will require at least a year to obtain and will entail public
presentations. A map change will result in Additional Services. It is noted
that a map change has no guarantee to be successfully obtained.
VIII. Public Meetings - This task will include database development and contact log, a
public information meeting and individual key stakeholder meetings.
a. Database and Contact Log- The Consultant will develop and maintain a
database of all key stakeholders and other interested individuals throughout
the duration of the Project. All information obtained through public meetings
and other outreach will be entered into the database.
b. Public Information Meetings- The Consultant will prepare and conduct one
public information meeting.
• Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 8
120th Street- Emmet Street to Roanoke Boulevard
formation from the City. The existing conditions floodplain hydraulic model
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
,
The public meeting will be held near the completion of the preliminary plans,
prior to the final Environmental Assessment submittal. The intent of this
meeting is to inform the public of the preliminary design details and related
impacts, and to gather additional public input required for the environmental
evaluation. Aerial and other visual displays will be prepared to depict the
preliminary project details, construction limits, and impacts. A fact sheet,
detailing project limits, goals, schedule, and other relevant information, will be
prepared and made available at the meeting. A brief presentation will be
conducted by the City and Consultant. After the presentation is complete, the
public will have an opportunity to view displays and ask questions of the project
team. Written comment forms will be available for the public to provide
feedback on the project. The Consultant will summarize the comments
received from the public and provide this information to the City.
The City will provide the advertisement of the public meeting.
c. Individual Key Stakeholder Meetings- The Consultant will meet with the key
stakeholders early in the design process. The purpose of the meetings is to
discuss project impact, gather input, and learn about their issues. The key
stakeholders may include businesses, neighborhood associations, and other
agencies. Up to four(4) individual meetings are anticipated.
IX. Environmental Action Plan- This work task, as completed by the Consultant shall
assess how the environment will be affected by the project and must be considered in
relation to the physical limitations and impacts consistent with FHWA T-6640.8A. The
Nebraska Local Operating Procedures for Integrating NEPA/404 will be used. The
assessment of impacts will include an Environmental Scoping Meeting with the NEPA/404
merge agencies. The Environmental Assessment (EA) must indicate all measurements in
English units. The logical termini for the EA will be approximately 800 feet south of 120th
and Emmet Street on the south end of the project and 120th and Fort Street (including the
intersection) on the north end of the project.
The EA must contain a discussion of the following general topics:
(1) Description, purpose and need for the proposed action
(2) Discussion of the corridor alternatives considered
(3) Discussion of social, economic, and environmental impacts of the
proposed action and alternative (affected environment and
environmental consequences)
(4) Listing of agencies/persons consulted
(5) The no-build alternative and 3 build alternatives will be evaluated.
The focus must be on the important impacts and issues with less important areas only
briefly discussed.
Based upon the extent of adverse impacts, mitigation measures must be identified, as
required. Detailed mitigation plans with specific criteria and associated monitoring
activities are outside the scope of this study.
a. Environmental Agency Scoping Meeting- The Consultant will schedule,
conduct, and prepare meeting minutes. Following the project kickoff
meeting, the scoping meeting will be held with the appropriate environmental
review/coordination agencies.
b. Social Impacts - Land Use/Community Resources
(i) The Consultant shall document existing conditions relative to the
following and review with the respective community planning staff:
1. Land use plans
2. Visual and Aesthetics
3. Zoning ordinances
4. Community facilities and services
5. Neighborhood boundaries, circulation patterns, and activity
centers
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 9
120th Street- Emmet Street to Roanoke Boulevard
ion from the City. The existing conditions floodplain hydraulic model
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
,
(ii) The Consultant shall document potential social impacts based on the
identification of the following issues.
1. The number of and type of displacements (residential,
commercial, industrial) characteristics of displaces, availability of
replacement housing, etc., due to right-of-way acquisition [see T-
6640.8A— Relocation Impacts].
2. Changes in access to community facilities and city/county
services (including emergency vehicle access)
3. Changes in development patterns induced by the project
4. Changes to existing neighborhood/community boundaries and
community cohesion
5. Consistency of proposed alternatives to existing land
use/development plans.
(iii) Environmental Justice-Identify adverse impacts and determine whether
there is a disproportionately high and adverse effect on minority and/or
low-income populations. Determine the spatial distribution of impacts.
Using existing data, supplemented through contact with the affected
community, identify the minority and low-income populations in the
affected area. Determine if the project, either individually or
cumulatively, impacts any minority or low-income populations.
c. Economic Impacts- The Consultant shall:
(i) Assess the potential impacts to businesses near the highway as a
result of changes in access, travel patterns, improved traffic capacity,
and visibility.
(ii) Assess the potential impacts to the local tax base associated with
right-of-way acquisition and any relocation of businesses/households.
d. Habitat/Flora/Fauna Impacts-The Consultant shall provide identification and
description of general habitat types. Measurements must be
approximations through the use of aerial photographs and limited site
inspections. Additionally, a general description of terrestrial community
composition with a list of threatened and endangered (T&E) species, as
well as species of special concern will be included. Information regarding
T&E species must be determined by informal consultation with the U.S. Fish
and Wildlife Service and the Nebraska Game and Parks Commission
inventories.
The Consultant shall evaluate impacts to upland habitat and associated
wildlife. T&E species, species of special concern, and all related "critical
habitats" must be assessed based on information provided by and
consultation with the authorized federal and state agencies.
e. Wetlands/Floodplains
(i) Wetlands. The Consultant shall review identified wetland and
stream channel areas under the jurisdiction of the US Army
Corps of Engineers, by authority of the Clean Water Act. It is
assumed that preliminary determination will be based on review
of available resource material (i.e., county soil survey, National
Wetland Inventory, maps, etc.) and an on site field review. All
wetlands encountered shall be transposed onto current project
aerial photographs.
Wetland delineations will be the responsibility of the City of
Omaha and is not part of this Scope of Services. The consultant
will prepare and submit a Section 404 application to the U.S.
Army Corps of Engineers regulatory office. In addition, the
Consultant will prepare and submit a 401 b Water Quality
Certification application to the Nebraska Department of
Environmental Quality.
(ii) Floodplains. The Consultant shall evaluate and quantify wetland
and floodplain impacts in accordance with outside agency
procedures for implementing wetland and floodplain presidential
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 10
120th Street- Emmet Street to Roanoke Boulevard
the City. The existing conditions floodplain hydraulic model
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
executive orders (Practicable alternatives, mitigation measures,
etc.)
f. Water Quality Impacts- The Consultant shall:
(i) Compile information from existing data regarding water sources,
municipal/industrial, quality/quantity, groundwater, irrigation,
recreational water use. Review and verify stream and lake
classifications and special resource classifications.
(ii) Evaluate the potential impact on water quality from construction
and/or operation of the proposed alternatives and
identify/evaluate potential mitigation consistent with City of
Omaha policies and guidelines.
g. Recreational Facility Impacts- The Consultant shall identify existing and
planned public use recreational areas, community parks, wildlife and
waterfowl protection areas, bike trails, hiking trails, snowmobile trails, fishing
and hunting access areas, or other land uses that may be subject to Section
4(f) requirements. In addition, the Consultant will prepare Section 4(f) and
Section 6(f) documentation.
(i) Section 4(f) evaluation will require coordination with FHWA and a
resource document that:
1. Applicability of Section 4(f) to the Project
2. Description of the Section 4(f) properties
3. Probable use of the Section 4(f) properties by the Project
alternatives
4. Avoidance alternatives
5. Minimization and mitigation of Section 4(f) properties where
avoidance is not feasible
(ii) Section 6(f) documentation and conversion package includes:
1. A meeting with City of Omaha Parks Division administration
staff regarding history of land procurement and realty records
2. Meeting with Nebraska Game and Parks Commission and
National Park Service Land and Water Conservation
coordinators.
3. Developing a Conversion package as set forth in Title 36, Part
59.3 of Code of Federal Regulations), this includes a
comprehensive review of key issues relating to recreation
access and use, land valuation, and an assessment of its
impact on the environment.
Land valuation and realty assessment of existing and
potential mitigation acreage costs are not included in the
scope, since an evaluation and determination of impacted
acreage has yet to be determined. Once the impact acreage
has been determined for each of the 3 build alternatives, and
a preferred alternative has been identified, the Consultant will
prepare a scope of work document for realty services to
complete the financials required for the final conversion
package.
h. Construction Impacts- Discuss potential adverse impacts associated with
construction. (Air, noise, water, detours, traffic congestion, safety, etc.)
i. Historic/Cultural Resources- The Consultant will coordinate with SHPO for a
review of archaeological and historic structure investigations and historic
resources. The consultant shall review data, summarize in the environmental
document, and evaluate project impacts to the identified sites. Documentation
of efforts to avoid and minimize impacts to historic resources must be
•
provided.
j. Noise Analysis- Consultant will complete a traffic noise study using the most
current version of the Federal Highway Administration Traffic Noise Model and
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 11
120th Street- Emmet Street to Roanoke Boulevard
. The Consultant shall evaluate and quantify wetland
and floodplain impacts in accordance with outside agency
procedures for implementing wetland and floodplain presidential
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 10
120th Street- Emmet Street to Roanoke Boulevard
the City. The existing conditions floodplain hydraulic model
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
1
in accordance with the Nebraska Department of Roads Noise Analysis
Abatement Policy. Noise mitigation alternative analysis is not anticipated and
not included in the scope. The results of noise study shall be summarized in
the environmental document.
k. Draft Environmental Assessment- The Consultant shall prepare one
Environmental Assessment (EA) document covering the entire project location.
The Consultant shall prepare a preliminary draft of the EA and submit 3 hard
copies and an electronic version on CD to the City of Omaha for internal
distribution and review. The Consultant shall prepare revisions to the
environmental document based on comments from the City of Omaha and
prepare a draft EA documentation and submit approximately 3 copies and an
electronic version on CD to the City of Omaha. The City of Omaha will be
responsible for the submission of the draft EA to FHWA and NDOR. The
Consultant shall prepare revisions to the draft EA based on comments from
the City of Omaha, NDOR, and FHWA's preliminary review. After FHWA
signature, the Consultant shall provide 3 copies and an electronic version on
CD of the draft EA, to the City of Omaha. Distribution of the draft EA will be
done by the City of Omaha.
I. Final Environmental Assessment- The EA is a decision document that
provides the basis for determination of whether to prepare an EIS or FONSI.
The resultant decision expected under this agreement is the preparation of a
FONSI. Based on comments received on the DEA document, the Consultant
shall prepare the Final EA, including supporting documentation, to be
submitted to FHWA for review.
The Consultant shall:
(i) Summarize all written comments from agencies, interest groups, local
governments, and individuals and prepare a list of
issues/concerns/responses for use in the final document.
(ii) Assist in the identification of a preferred alternative for inclusion in the
final environmental document.
(iii) Prepare preliminary final EA document that identifies the selected
alternative, basis for selection, impacts, and mitigation, and responds
to all input received as a result of draft document availability and the
public hearing.
(iv) Prepare the Final EA document and submit 3 hard copies and an
electronic copy on CD to the City of Omaha. Prepare revisions to the
Final EA based on comments from City of Omaha, NDOR, and
FHWA's review. It is assumed that there will be no significant changes
to the FEA. The distribution of the Final EA will be accomplished by
the City of Omaha.
X. Geotechnical Engineering-This task will include geotechnical exploration through
the advancement of soil borings, , cone penetrometer soundings, testing of samples in
the field and in the laboratory, and analyses of the soil conditions encountered to
determine recommendations for pile foundation design, retaining wall design, roadway
subgrade preparation and design, and scour protection.
Soil will be tested at 28 locations divided into 13 cone penetrometer soundings and 15
sample borings Four (4) borings, extending to an average depth of 105 feet, will be
obtained near each substructure location for the proposed bridge. Other borings and
cone penetrometer tests will be located within the project limits in a staggered pattern at
approximate 200-foot intervals. These borings will be advanced as follows: 4 borings at
25-foot bore and sample for consolidation and retaining wall foundation/global slope
stability analyses, 4 borings at 15-foot bore and sample for intermediate analyses of
settlement and stability, 3 borings at 10-foot bore and sample for intermediate analyses
of settlement and stability, and 13 cone penetrometer tests in remaining locations to a
depth of 15 feet.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 12
120th Street- Emmet Street to Roanoke Boulevard
del
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
I, l
r ,
Other geotechnical task items are as follows:
a. Project Preparation-
i. Prior to drilling the soil borings, locations will be staked by Consultant
personnel.
ii. Area underground utility service representatives will be contacted
through the Diggers Hotline system to mark area public utilities in order
to remove conflicts between drilling and utilities in accordance with State
law.
iii. Site characteristics will also be noted and the boring location adjusted to
fit the site characteristics.
b. Soil Borings-
j. Soil sample boring will be done using a truck-mounted drilling and
sampling rig. Consultant will obtain four soil samples within the upper 10
feet of borings and at 5-foot intervals below 10 feet to the maximum
proposed depth at all drill locations.
ii. Undisturbed samples of cohesive soil will be obtained using a thin-walled
sampler tube in accordance with ASTM D1587, Standard Method for
Thin-Walled Tube Sampling of Soils, using an open-tube (Shelby Tube)
sampler having an outside diameter of 3.0 inches.
iii. If encountered, sand or other granular soils will be retrieved with a split-
barrel sampler. Standard Penetration Test(SPT) measurements will be
made during the retrieval of each split-barrel sample in accordance with
ASTM D1586, Standard Method for Penetration Test and Split-Barrel
Sampling of Soils to determine the relative density of the granular
materials.
ii. Field logs of the soil types and characteristics encountered at the boring
location will be recorded in the field.
iii. Groundwater levels, if encountered within the boring depths, will be
recorded at the time of drilling and after 24 hours.
iv. The borings will be filled with drill cuttings. Extra soil will be removed
from the drill locations and spread thinly within the adjacent road ditch.
c. Field Log- Record the following:
i. Thicknesses of existing fill or other disturbed soil layers will be recorded
on the boring logs in the field, where encountered.
ii. Approximate locations of changes in soil type with depth.
iii. Groundwater levels when encountered during drilling.
iv. Identification of the subsurface materials described in accordance with
ASTM D2488, Standard Practice for Description and Identification of
Soils (Visual-Manual Procedure).
v. And other site conditions that may affect the engineering
recommendations.
d. Laboratory Testing of Recovered Samples—:
i. Measurements of in-place moisture content, density, shear strength,
unconfined compressive strength, and soil classification will be
conducted on selected clayey samples. Moisture content of selected
sand samples will be measured. Consolidation potential will be
measured from select samples.
ii. Laboratory tests will be completed in accordance with ASTM procedures.
e. Analysis of the Test Data-
i. Potential affects of the area groundwater level.
ii. Axial pile design parameters.
iii. Roadway subgrade preparation recommendations and support
parameters.
iv. Soil retaining wall design parameters and global stability.
v. Potential for consolidation and recommendations to control potential
settlement of structures.
vi. Fill placement design parameters.
vii. Soil data and parameters to be used in scour analyses.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 13
120th Street- Emmet Street to Roanoke Boulevard
ngs at 10-foot bore and sample for intermediate analyses
of settlement and stability, and 13 cone penetrometer tests in remaining locations to a
depth of 15 feet.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 12
120th Street- Emmet Street to Roanoke Boulevard
del
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
f s
r , `
f. Report-to contain the following:
i. Description of site soil conditions.
ii. Pile capacity versus depth calculations.
iii. Minimum depth to suitable bearing material.
iv. Frost depth requirements for the foundation system and pavements.
v. Analysis of soil to ascertain presence of potentially expansive soils.
vi. Analyses of consolidation potential and recommendations for minimizing
consolidation after construction.
vii. Recommended types of fill and backfill soil materials and compaction
requirements for support of structures and pavements.
viii. Active, passive, and at-rest lateral earth pressures for use in design of
abutments.
ix. Remedial site subsoil repair actions in the case that weak or otherwise
unsuitable soils are found, if necessary.
x. Evaluation of soil or other materials requiring excavation or replacement
and methods of removal.
xi. Retaining wall design recommendations and parameters.
xii. Anticipation of, management of, and recommendations for drainage of
surface and groundwater from abutment and soil retaining walls.
xiii. Erosion control recommendations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 14
120th Street- Emmet Street to Roanoke Boulevard
l of each split-barrel sample in accordance with
ASTM D1586, Standard Method for Penetration Test and Split-Barrel
Sampling of Soils to determine the relative density of the granular
materials.
ii. Field logs of the soil types and characteristics encountered at the boring
location will be recorded in the field.
iii. Groundwater levels, if encountered within the boring depths, will be
recorded at the time of drilling and after 24 hours.
iv. The borings will be filled with drill cuttings. Extra soil will be removed
from the drill locations and spread thinly within the adjacent road ditch.
c. Field Log- Record the following:
i. Thicknesses of existing fill or other disturbed soil layers will be recorded
on the boring logs in the field, where encountered.
ii. Approximate locations of changes in soil type with depth.
iii. Groundwater levels when encountered during drilling.
iv. Identification of the subsurface materials described in accordance with
ASTM D2488, Standard Practice for Description and Identification of
Soils (Visual-Manual Procedure).
v. And other site conditions that may affect the engineering
recommendations.
d. Laboratory Testing of Recovered Samples—:
i. Measurements of in-place moisture content, density, shear strength,
unconfined compressive strength, and soil classification will be
conducted on selected clayey samples. Moisture content of selected
sand samples will be measured. Consolidation potential will be
measured from select samples.
ii. Laboratory tests will be completed in accordance with ASTM procedures.
e. Analysis of the Test Data-
i. Potential affects of the area groundwater level.
ii. Axial pile design parameters.
iii. Roadway subgrade preparation recommendations and support
parameters.
iv. Soil retaining wall design parameters and global stability.
v. Potential for consolidation and recommendations to control potential
settlement of structures.
vi. Fill placement design parameters.
vii. Soil data and parameters to be used in scour analyses.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 13
120th Street- Emmet Street to Roanoke Boulevard
ngs at 10-foot bore and sample for intermediate analyses
of settlement and stability, and 13 cone penetrometer tests in remaining locations to a
depth of 15 feet.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 12
120th Street- Emmet Street to Roanoke Boulevard
del
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
1 --\ t
r t
Exhibit C
120th Street- Emmet Street to Roanoke Boulevard
City of Omaha
OPW Project No. 50949
State Project No. MAPA-5009(3); C.N. 22277
Preliminary Design and Environmental Action Plan
FEE SUMMARY SCHEDULE
Direct Salary Costs
ESTIMATED AVERAGE 2008 ESTIMATED
PROJECT TASK&PERSONNEL CLASSIFICATION HOURS RATE LABOR CHARGE
I. Project Administration •
PRINCIPAL 37 $60.00 $2,220
PROJECT MANAGER 229 $48.12 $11,019
SENIOR PROJECT ENGINEER 36 $41.34 $1,488
REGISTERED DESIGN ENGINEER 8 $37.43 $299
ENGINEER/SENIOR TECHNICIAN 16 $27.73 $444
ENGINEERING TECHNICIAN 4 $19.57 $78
REGISTERED SURVEYOR 2 $34.73 $69
PARTY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 16 $17.50 $280
II. Topographic Field Survey
PRINCIPAL 0 $60.00 $0
PROJECT MANAGER 0 $48.12 $0
SENIOR PROJECT ENGINEER 4 $41.34 $165
REGISTERED DESIGN ENGINEER 0 $37.43 $0
ENGINEER/SENIOR TECHNICIAN 4 $27.73 $111
ENGINEERING TECHNICIAN 112 $26.80 $3,002
REGISTERED SURVEYOR 30 $34.73 $1,042
PARTY CHIEF SURVEYOR 123 $23.40 $2,878
ASSOCIATE SURVEYOR 123 $18.50 $2,276
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 0 $17.50 $0
III. Traffic Engineering
PRINCIPAL 0 $60.00 $0
PROJECT MANAGER 6 $48.12 $289
SENIOR PROJECT ENGINEER 4 $41.34 $165
REGISTERED DESIGN ENGINEER 30 $43.70 $1,311
ENGINEER/SENIOR TECHNICIAN 78 $23.68 $1,847
' ENGINEERING TECHNICIAN 2 $19.57 $39
REGISTERED SURVEYOR 0 $34.73 $0
PARTY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 2 $17.50 $35
IV. Preliminary Roadway Design
PRINCIPAL 8 $60.00 $480
PROJECT MANAGER 135 $48.12 $6,496
SENIOR PROJECT ENGINEER 514 $41.34 $21,249
REGISTERED DESIGN ENGINEER 0 $37.43 $0
ENGINEER/SENIOR TECHNICIAN 857 $31.77 $27,227
ENGINEERING TECHNICIAN 0 $19.57 $0
REGISTERED SURVEYOR 24 $34.73 $834
PARTY CHIEF SURVEYOR 160 $23.40 $3,744
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 4 $17.50 $70
V. Preliminary Drainage Design
PRINCIPAL 0 $60.00 $0
PROJECT MANAGER 8 $48.12 $385
SENIOR PROJECT ENGINEER 48 $41.34 $1,984
REGISTERED DESIGN ENGINEER 0 $37.43 $0
ENGINEER/SENIOR TECHNICIAN 56 $31.77 $1,779
ENGINEERING TECHNICIAN 0 $19.57 $0
REGISTERED SURVEYOR 0 $34.73 $0
PARTY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 0 $17.50 $0
Project No.MAPA-5009(3);C.N.22277
OPW Project No.50949 Exhibit"C"
120th Street-Emmet Street to Roanoke Boulevard Page 1
Page 13
120th Street- Emmet Street to Roanoke Boulevard
ngs at 10-foot bore and sample for intermediate analyses
of settlement and stability, and 13 cone penetrometer tests in remaining locations to a
depth of 15 feet.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 12
120th Street- Emmet Street to Roanoke Boulevard
del
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
t t y t 7
i. I
VI. Preliminary Bridge Design
PRINCIPAL 0 $60.00 $0
PROJECT MANAGER 8 $48.12 $385
SENIOR PROJECT ENGINEER 14 $41.34 $579
REGISTERED DESIGN ENGINEER 128 $30.22 $3,868
ENGINEER/SENIOR TECHNICIAN 24 $27.73 $666
ENGINEERING TECHNICIAN 96 $19.57 $1,879
REGISTERED SURVEYOR 0 $34.73 $0
PARTY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 0 $17.50 $0
VII. Hyrdologic and Hydraulic Analyses
PRINCIPAL 0 $60.00 $0
PROJECT MANAGER 8 $48.12 $385
SENIOR PROJECT ENGINEER 16 $41.34 $661
REGISTERED DESIGN ENGINEER 0 $37.43 $0
ENGINEER/SENIOR TECHNICIAN 12 $27.73 $333
ENGINEERING TECHNICIAN 8 $19.57 $157
REGISTERED SURVEYOR 0 $34.73 $0
PARTY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 0 $17.50 $0
VIII. Public Meetings
PRINCIPAL 2 $60.00 $120
PROJECT MANAGER 23 $48.12 $1,107
SENIOR PROJECT ENGINEER 14 $41.34 $579
REGISTERED DESIGN ENGINEER 4 $37.43 $150
ENGINEER/SENIOR TECHNICIAN 16 $27.73 $444
ENGINEERING TECHNICIAN 0 $19.57 $0
REGISTERED SURVEYOR 0 $34.73 $0
PARTY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 20 $18.50 $370
ADMINISTRATIVE ASSISTANT 34 $17.50 $595
IX. Environmental Action Plan
PRINCIPAL 1 $60.00 $60
PROJECT MANAGER 49 $48.12 $2,358
SENIOR PROJECT ENGINEER 2 $41.34 $83
REGISTERED DESIGN ENGINEER 12 $37.43 $449
ENGINEER/SENIOR TECHNICIAN 30 $27.73 $832
ENGINEERING TECHNICIAN 85 $21.42 $1,821
REGISTERED SURVEYOR 0 $34.73 $0
PARTY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 22 $17.50 $385
X. Geotechnical Engineering •
PRINCIPAL 0 $60.00 $0
PROJECT MANAGER 3 $48.12 $144
SENIOR PROJECT ENGINEER 57 $40.21 $2,292
REGISTERED DESIGN ENGINEER 0 $37.43 $0
ENGINEER/SENIOR TECHNICIAN 0 $22.00 $0
ENGINEERING TECHNICIAN 78 $19.57 $1,526
REGISTERED SURVEYOR 0 $34.73 $0
PARTY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 3 $17.50 $53
3,449 $ 115,584.46
Multi-year Project Salary Adjustment 2.5% $ 2,889.61
Subtotal Direct Salary Costs $ 118,474.07
Overhead Costs 171% $ 202,590.66
Subtotal Labor Charges+Overhead $ 321,064.73
Fixed Fee 12% $ 38,527.77
Subtotal Labor Charges+Overhead+ Fixed Fee $ 359,592.50
Project No.MAPA-5009(3);C.N.22277
OPW Project No.50949 Exhibit"C"
120th Street-Emmet Street to Roanoke Boulevard Page 2
hibit"C"
120th Street-Emmet Street to Roanoke Boulevard Page 1
Page 13
120th Street- Emmet Street to Roanoke Boulevard
ngs at 10-foot bore and sample for intermediate analyses
of settlement and stability, and 13 cone penetrometer tests in remaining locations to a
depth of 15 feet.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 12
120th Street- Emmet Street to Roanoke Boulevard
del
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
s 4 r
DIRECT NON-SALARY COSTS: No. Rate($)
Printing 1 $ 2,500.00 $ 2,500.00
Mileage 500 $ 0.505 $ 252.50
Survey(Reimbursable) 100 $ 0.53 $ 53.00
Geotech(Field Drilling Subcontractor) 1 $ 10,152.00 $ 10,152.00
Geotech(Lab Reimbursable) 1 $ 1,100.00 $ 1,100.00
Subconsultant-PBS&J 1 $ 45,300.00 $ 45,300.00
Subconsultant-Tetra Tech 1 $ 70,468.00 $ 70,468.00
Other $ -
Other $ -
Sub-Total Direct Non-Salary Costs $ 129,825.50
TOTAL ESTIMATED FEE $ 489,418.00
Project No.MAPA-5009(3);C.N.22277
OPW Project No.50949 Exhibit"C"
120th Street-Emmet Street to Roanoke Boulevard Page 3
p'-. CD iv' .. a , ° CD
nerated by:admin for project OPW 51481
Mayor
G25A • ci v OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE.CITY COUNCIL OF THE CITY OF OMAHA: •
WHEREAS, The Schemmer Associates was selected by the engineers and
architects selection committee to provide preliminary engineering and environmental assessment
services for the Reconstruction of 120th Street from Emmet Street to Roanoke Boulevard;.and,
WHEREAS, the Reconstruction of 120th Street has been programmed in the 2008-
2013 Capital Improvements Program as Project No. 402; and,
WHEREAS, the City Council approved a Program Agreement with the Nebraska
Department of Roads (NDOR) on November 20, 2007 by Resolution No. 1439 for the
Reconstruction of 120th Street from West Maple Road to Fort Street, known as Federal Aid
Project MAPA-5009(3) and State Control Number 22277; and,
WHEREAS, The Schemmer Associates has agreed to perform the services listed
in the attached agreement, which by this reference is made a part hereof, for a fixed fee not to
exceed $489,418.00, with the City's 20% share estimated to be $97,883.60, which will be paid
from the 2006 Transportation Bond Fund 13182, 2008 Issue Transportation Bond Organization
117113.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor,the Engineering Services Agreement with
The Schemmer Associates for preliminary engineering and environmental assessment services
for the Reconstruction of 120t Street from Emmet Street to Roanoke Boulevard is hereby
approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay $489,418.00 for these
engineering services from the 2006 Transportation Bond Fund 13182, 2008 Issue Transportation
Bond Organization 117113 with 80% of this cost being reimbursable from NDOR according to
the Program Agreement for this Project approved by the City Council on November 20, 2007 by
Resolution No. 1439.
1077hxf APPROVED AS TO FORM:
By... .... ���
nonmember
Adopted N ..4,.2pq CITY ATTORNEY DATE
11 City Clerk
Approvec�r 4 V !"'!
- Mayor
TY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 22 $17.50 $385
X. Geotechnical Engineering •
PRINCIPAL 0 $60.00 $0
PROJECT MANAGER 3 $48.12 $144
SENIOR PROJECT ENGINEER 57 $40.21 $2,292
REGISTERED DESIGN ENGINEER 0 $37.43 $0
ENGINEER/SENIOR TECHNICIAN 0 $22.00 $0
ENGINEERING TECHNICIAN 78 $19.57 $1,526
REGISTERED SURVEYOR 0 $34.73 $0
PARTY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 3 $17.50 $53
3,449 $ 115,584.46
Multi-year Project Salary Adjustment 2.5% $ 2,889.61
Subtotal Direct Salary Costs $ 118,474.07
Overhead Costs 171% $ 202,590.66
Subtotal Labor Charges+Overhead $ 321,064.73
Fixed Fee 12% $ 38,527.77
Subtotal Labor Charges+Overhead+ Fixed Fee $ 359,592.50
Project No.MAPA-5009(3);C.N.22277
OPW Project No.50949 Exhibit"C"
120th Street-Emmet Street to Roanoke Boulevard Page 2
hibit"C"
120th Street-Emmet Street to Roanoke Boulevard Page 1
Page 13
120th Street- Emmet Street to Roanoke Boulevard
ngs at 10-foot bore and sample for intermediate analyses
of settlement and stability, and 13 cone penetrometer tests in remaining locations to a
depth of 15 feet.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 12
120th Street- Emmet Street to Roanoke Boulevard
del
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5
a
o ` C) Y ,fi 'p`-6 .o "4' o g 0
CDJ O tnA, p, - h U r __
Q til i
cn
'� `� cD "'t U4 co . O
b 0 0 0 r- F-I) 0 0 Q Q• N O r* (�D z
cn
e� Z �j��, p1W Z '•7n' n v' Li
a � orO n O I
7"C
n
•
G(t. o IN) o O a O NN .- • Fes) c
.R o o coib - � , co
N 7_•
\ 0 °• -- O a co o n n _ r-s pO� �\
le QD P O rb E'. w v2i E" O O O p Co a'
O
n
O 0 N 8 O N O b9 , �- "C
N N O N -t A�
N Q- O r O _ O O co
co cro a
x P F✓ � coE• 3yo
C w co o co zt. ,t.
co
•
•
•
lA
N..
82, 2008 Issue Transportation Bond Organization
117113.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor,the Engineering Services Agreement with
The Schemmer Associates for preliminary engineering and environmental assessment services
for the Reconstruction of 120t Street from Emmet Street to Roanoke Boulevard is hereby
approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay $489,418.00 for these
engineering services from the 2006 Transportation Bond Fund 13182, 2008 Issue Transportation
Bond Organization 117113 with 80% of this cost being reimbursable from NDOR according to
the Program Agreement for this Project approved by the City Council on November 20, 2007 by
Resolution No. 1439.
1077hxf APPROVED AS TO FORM:
By... .... ���
nonmember
Adopted N ..4,.2pq CITY ATTORNEY DATE
11 City Clerk
Approvec�r 4 V !"'!
- Mayor
TY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 22 $17.50 $385
X. Geotechnical Engineering •
PRINCIPAL 0 $60.00 $0
PROJECT MANAGER 3 $48.12 $144
SENIOR PROJECT ENGINEER 57 $40.21 $2,292
REGISTERED DESIGN ENGINEER 0 $37.43 $0
ENGINEER/SENIOR TECHNICIAN 0 $22.00 $0
ENGINEERING TECHNICIAN 78 $19.57 $1,526
REGISTERED SURVEYOR 0 $34.73 $0
PARTY CHIEF SURVEYOR 0 $23.40 $0
ASSOCIATE SURVEYOR 0 $18.50 $0
GRAPHIC DESIGNER 0 $18.50 $0
ADMINISTRATIVE ASSISTANT 3 $17.50 $53
3,449 $ 115,584.46
Multi-year Project Salary Adjustment 2.5% $ 2,889.61
Subtotal Direct Salary Costs $ 118,474.07
Overhead Costs 171% $ 202,590.66
Subtotal Labor Charges+Overhead $ 321,064.73
Fixed Fee 12% $ 38,527.77
Subtotal Labor Charges+Overhead+ Fixed Fee $ 359,592.50
Project No.MAPA-5009(3);C.N.22277
OPW Project No.50949 Exhibit"C"
120th Street-Emmet Street to Roanoke Boulevard Page 2
hibit"C"
120th Street-Emmet Street to Roanoke Boulevard Page 1
Page 13
120th Street- Emmet Street to Roanoke Boulevard
ngs at 10-foot bore and sample for intermediate analyses
of settlement and stability, and 13 cone penetrometer tests in remaining locations to a
depth of 15 feet.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 12
120th Street- Emmet Street to Roanoke Boulevard
del
will then be executed with the future conditions hydrology. This will establish
the base flood elevations.
Project No. MAPA-5009(3); C.N. 22277 Exhibit "B"
OPW Project No. 50949 Page 7
120th Street- Emmet Street to Roanoke Boulevard
judgment as an experienced and qualified
CLIENT and others; however, such documents are not professional
engineer, familiar with the construction industry; but OLSSON
intended or represented to be suitable for reuse by CLIENT or
others on extensions of the Project or on any other project. cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions
Any reuse without written verification or adaptation by of probable cost prepared by OLSSON. If prior to the Bidding
OLSSON for the specific purpose intended will be at CLIENT's or Negotiating Phase CLIENT wishes greater assurance as to
• sole risk and without liability or legal exposure to OLSSON, or Total Project or Construction Costs, CLIENT shall employ an
to. OLSSON's independent professional associates or independent cost estimator as provided in paragraph 3.4.3.
consultants, and CLIENT shall indemnify and hold harmless OLSSON's services to modify the Contract Documents to bring
OLSSON and OLSSON's independent professional associates the Construction Cost within any limitation established by
and consultants from all claims, damages, losses and CLIENT will be considered Additional Services and paid for as
expenses including attorneys' fees arising out of or resulting such by CLIENT.
therefrom. Any such verification or adaptation will entitle
OLSSON to further compensation at rates to be agreed upon 7.4 Controlling Law and Venue
by CLIENT and OLSSON.
7.2 Electronic Files 7.4.1 The parties agree that this Agreement and any legal
actions concerning its validity, interpretation or performance
By accepting and utilizing any electronic file of any drawing, shall be governed by the laws of the State of Nebraska.
report or data transmitted by OLSSON, the CLIENT agrees for 7.4.2 Any legal action between OLSSON and CLIENT
itself, its successors, assigns, insurers and all those claiming arising out of this AGREEMENT shall be brought in a court of
under or through it, that by using any of the information competent jurisdiction located in Lancaster County, Nebraska.
contained in the attached electronic file, all users agree to be
19-3868.01 Page 4 of 5