RES 2007-0682 - Agmt with The Schemmer Associates Inc for gate system at NP Dodge Park marina 014" •
.k ` s RECEIVED
Parks, Recreation&
s
�� Public Property Department
07 MAY 25 AMID! 00
�,�,,. � Omaha/Douglas Civic Center
l�ti '�; 1819 Farnam Street,Suite 701
�A' 7 ry CITY CLERK Omaha,Nebraska 68183-0701
°41.RDfiE803�y O AHA, NEBRASKA (402)4445900
FAX(402)444-4921
City of Omaha
Steven Scarpello
Mike Fahey,Mayor June 5, 2007 Director
•
Honorable President •
and Members of the City Council,
Attached:for your consideration is a Resolution.that approves a Professional. Services Agreement
between the City of Omaha and The Schemmer Associates, Inc. toprovideprofessional design
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and construction drawing production of a gate system services for the N.P. Dodge Park Marina •
•Gate, 11001 N. Pershing Drive, Omaha, Nebraska, for.Parks, Recreation and Public Property
Department.
The Finance Department is authorized to pay for the cost of these professional services on an
hourly basis with a not to exceed maximum of$49,631.00, including reimbursable expenses of
$800.00, from N. P. Dodge Marina Fund No. 21111 and Organization No. 115452, N. P. Dodge
Capital. Improvements. The City of Omaha will issue Revenue Bonds in the future to finance
this improvement.,.
The Schemmer Associates, Inc. has on file a current Annual Contract Compliance Report Form
(CC-1). As is City policy, the Human Rights and Relations Director will review the contractor to
ensure compliance with the Contract Compliance Ordinance
- Your favorable consideration of this Resolution is respectfully requested.
Respectfully submitted, Approved:
5/z4 67
Steve Scarpello, ector Date Gail Kinsey Thom so iev Date
Parks, Recreatio and Human Rights and Relations Direc r
Public Property Department
• Approved as to Funding: Referred to City Council for Consideration:
49
Carol Ebdon,Director Date Mayor's Office Date
Finance Department g
•
P:\PRPP 1\15570pjm.doc
possibility of an extension to cover the timely re-bidding of the contract, Concessionaire agrees
to honor any such extension for a specified period not to exceed six months. The City shall give
the Concessionaire, at minimum, thirty (30) days notice of its intention to invoke the provisions
of this Section. Any and all extensions as detailed within this section shall be governed by the
terms of this Concession Agreement.
-13-
Contract Compliance Officer shall be those, which are related to
Paragraphs (a) through (g) and only after reasonable notice is given the
Concessionaire. The purpose for this provision is to provide for investigation to
ascertain compliance with the program provided for herein.
D. The Concessionaire shall take actions with respect to any subcontractor as the
City may direct as a means of enforcing the provisions of Paragraphs (A) and(G),
herein, including penalties and sanctions for noncompliance, provided, however,
that in the event the Concessionaire becomes involved in or is threatened with
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 9TH day of May , 2007, by and
between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter
referred to as the "City" or"Client"), and THE SCHEMMER ASSOCIATES, INC. (hereinafter referred to as
the"Provider"), on the terms, conditions and provisions as set forth herein below.
I. PROJECT NAME AND DESCRIPTION
A. NP DODGE PARK MARINA GATE
II. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, as set out and more fully described in the
attached hereto, for the City, relative to the above-referenced project. Such services shall be NP DODGE
PARK MARINA GATE completed within a reasonable period after receipt of a purchase order from the
City.
B. Provider designates MATT SUTTON as its project manager and contact person for this
project.
C. Provider agrees to maintain records and accounts, including personnel, financial and property
records, sufficient to identify and account for all costs pertaining to the project and certain other
records as may be required by the City to assure a proper accounting for all project funds. These
records shall be made available to the City for audit purposes and shall be retained for a period of
five years after the expiration of this agreement.
D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all
compensated providers, employees, and subcontractors, a copy of which is provided in the attached
Agreement For The Provision Of Limited Professional Services.
E. Provider agrees to complete, within 90 calendar days after receipt of a signed agreement and
a formal notice to proceed from the City, all items discussed in the Scope of Services for
Construction Administration which include engineering and surveying services. The City recognizes
that completion within this deadline is contingent upon timely meeting schedules and City input.
Professional Service Agreement—THE SCHEMMER ASSOCIATES, INC.
NP DODGE PARK MARINA GATE
Page 1 of 5
P:\PRPP 1\15570pjm.doc
possibility of an extension to cover the timely re-bidding of the contract, Concessionaire agrees
to honor any such extension for a specified period not to exceed six months. The City shall give
the Concessionaire, at minimum, thirty (30) days notice of its intention to invoke the provisions
of this Section. Any and all extensions as detailed within this section shall be governed by the
terms of this Concession Agreement.
-13-
Contract Compliance Officer shall be those, which are related to
Paragraphs (a) through (g) and only after reasonable notice is given the
Concessionaire. The purpose for this provision is to provide for investigation to
ascertain compliance with the program provided for herein.
D. The Concessionaire shall take actions with respect to any subcontractor as the
City may direct as a means of enforcing the provisions of Paragraphs (A) and(G),
herein, including penalties and sanctions for noncompliance, provided, however,
that in the event the Concessionaire becomes involved in or is threatened with
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III. DUTIES OF CITY
A. City designates JOHN NIKSICK as its contact person for this project, who shall provide a
notice to proceed and such other written authorizations as are necessary to commence or proceed
with the project and various aspects of it.
IV. COMPENSATION AND PAYMENT
A. The cost of services as specified in the Scope of Services, shall be performed on an hourly
basis, but in no event shall exceed FORTY EIGHT THOUSAND EIGHT HUNDRED THIRTY ONE
DOLLARS 48 831.00 . The hourly basis shall be as set out in the proposal. The express written
consent of the City shall be required in order to exceed said amount.
B. Reimbursable expenses for NP DODGE PARK MARINA GATE shall be billed to the City by
the Provider at actual cost. Detailed itemization of such expense shall be made available to the City
upon request. In no event shall such expenses exceed EIGHT HUNDRED DOLLARS ($800.00)
without the prior written approval of the City.
C. Provider shall submit periodic invoices to the City contact person, detailing services performed
and the cost thereof. City shall pay such invoices within thirty(30) days after the date of the invoice.
V. ADDITIONAL SERVICES
A. In the event additional services for the aforementioned project not covered under this
agreement are required, Provider agrees to provide such services at a mutually agreed upon cost.
VI. INSURANCE REQUIREMENTS
A. Provider shall carry professional liability insurance and shall carry workers' compensation
insurance in accordance with the statutory requirements of the State of Nebraska.
VII. INDEMNIFICATION
A. The Provider agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Client, its officers, directors, and employees (collectively, Client), against all damages, liabilities
or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the
Consultant's negligent performance of professional services under this agreement and that of its
subconsultants or anyone for whom the consultant is liable.
Professional Service Agreement-THE SCHEMMER ASSOCIATES, INC.
NP DODGE PARK MARINA GATE
Page 2 of 5
to cover the timely re-bidding of the contract, Concessionaire agrees
to honor any such extension for a specified period not to exceed six months. The City shall give
the Concessionaire, at minimum, thirty (30) days notice of its intention to invoke the provisions
of this Section. Any and all extensions as detailed within this section shall be governed by the
terms of this Concession Agreement.
-13-
Contract Compliance Officer shall be those, which are related to
Paragraphs (a) through (g) and only after reasonable notice is given the
Concessionaire. The purpose for this provision is to provide for investigation to
ascertain compliance with the program provided for herein.
D. The Concessionaire shall take actions with respect to any subcontractor as the
City may direct as a means of enforcing the provisions of Paragraphs (A) and(G),
herein, including penalties and sanctions for noncompliance, provided, however,
that in the event the Concessionaire becomes involved in or is threatened with
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onaire, its agents, servants,
employees, contractors, invitees, guests, patrons and suppliers arising out of, whether
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B. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Provider, its officers, directors, employees, and subconsultants (collectively, Provider) against all
damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the
extent caused by the Client's negligent acts in connection with the project.
C. Neither the Client or the Provider shall be obligated in indemnify the other party in any manner
watsoever for the other party's own negligence.
IX. TERMINATION OF AGREEMENT
A. This agreement may be terminated by the City upon written notice to the Provider of such
termination and specifying the effective date at least seven (7) days prior to the effective date of
such termination. In the event of termination, the Provider shall be entitled to just and equitable
payment for services rendered to the date of termination, and all finished or unfinished documents,
data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's
option, its property.
Professional Service Agreement-THE SCHEMMER ASSOCIATES, INC.
NP DODGE PARK MARINA GATE
Page 3 of 5
ERVICES
A. In the event additional services for the aforementioned project not covered under this
agreement are required, Provider agrees to provide such services at a mutually agreed upon cost.
VI. INSURANCE REQUIREMENTS
A. Provider shall carry professional liability insurance and shall carry workers' compensation
insurance in accordance with the statutory requirements of the State of Nebraska.
VII. INDEMNIFICATION
A. The Provider agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Client, its officers, directors, and employees (collectively, Client), against all damages, liabilities
or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the
Consultant's negligent performance of professional services under this agreement and that of its
subconsultants or anyone for whom the consultant is liable.
Professional Service Agreement-THE SCHEMMER ASSOCIATES, INC.
NP DODGE PARK MARINA GATE
Page 2 of 5
to cover the timely re-bidding of the contract, Concessionaire agrees
to honor any such extension for a specified period not to exceed six months. The City shall give
the Concessionaire, at minimum, thirty (30) days notice of its intention to invoke the provisions
of this Section. Any and all extensions as detailed within this section shall be governed by the
terms of this Concession Agreement.
-13-
Contract Compliance Officer shall be those, which are related to
Paragraphs (a) through (g) and only after reasonable notice is given the
Concessionaire. The purpose for this provision is to provide for investigation to
ascertain compliance with the program provided for herein.
D. The Concessionaire shall take actions with respect to any subcontractor as the
City may direct as a means of enforcing the provisions of Paragraphs (A) and(G),
herein, including penalties and sanctions for noncompliance, provided, however,
that in the event the Concessionaire becomes involved in or is threatened with
-12-
onaire, its agents, servants,
employees, contractors, invitees, guests, patrons and suppliers arising out of, whether
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X. GENERAL CONDITIONS
A. Non-discrimination. Provider shall not, in the performance of this agreement, discriminate or
permit discrimination in violation of federal or state laws or local ordinances because of race, color,
sex, age, political or religious opinions, affiliations or national origin.
B. Captions. Captions used in this agreement are for convenience and are not used in the
construction of this agreement.
C. Applicable law. Parties to this agreement shall conform with all existing and applicable city
ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this agreement.
D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or
any officer or employee of the City shall have a financial interest, direct or indirect, in any City
agreement. Any violation of this section with the knowledge of the person or corporation contracting
with the City shall render the agreement voidable by the Mayor or Council.
E. Interest of the Provider. The Provider covenants that he presently has no interest and shall
not acquire any interest, direct or indirect, which would conflict with the performance of services
required to be performed under this agreement; he further covenants that in the performance of this
agreement, no person having any such interest shall be employed.
F. Merger. This agreement shall not be merged into any other oral or written agreement, lease or
deed of any type. This is the complete and full agreement of the parties.
G. Modification. This agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly set
forth herein. No agent, employee or other representative of either party is empowered to alter any of
the terms hereof unless done in writing and signed by an authorized officer of the respective parties.
H. Assignment. The Provider may not assign its rights under this agreement without the express
prior written consent of the City.
I. Strict compliance. All provisions of this agreement and each and every document that shall be
attached shall be strictly complied with as written, and no substitution or change shall be made
except upon written direction from authorized representative.
J. Equal employment opportunity clause. Annexed hereto as Exhibit"A" and made a part hereof
by reference are the equal employment provisions of this contract. All reference in Exhibit "A" to
"Contractor" shall mean "Provider." Refusal by the Provider to comply with any portion of this
Professional Service Agreement—THE SCHEMMER ASSOCIATES, INC.
NP DODGE PARK MARINA GATE
Page 4 of 5
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ascertain compliance with the program provided for herein.
D. The Concessionaire shall take actions with respect to any subcontractor as the
City may direct as a means of enforcing the provisions of Paragraphs (A) and(G),
herein, including penalties and sanctions for noncompliance, provided, however,
that in the event the Concessionaire becomes involved in or is threatened with
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program as therein stated and described will subject the offending party to any or all of the following
penalties:
(1) Withholding of all future payments under the involved contracts to the Provider in
violation until it is determined that the Provider is in compliance with the provisions of the
contract;
(2) Refusal of all future bids for any contracts with the City or any of its departments or
divisions until such time as the Provider demonstrates that he has established and shall carry
out the policies of the program as herein outlined.
EXECUTED this gl'L day of 'r`0.r , 20 07 .
Assam: , Provider
Firm
D
Witness Authorized Signature
A74�� :�- ��-� Ctwk b \4,Add 1es y p
Print or Type Name Print or Type Name Title
Witness; r City of Omaha:
4.1Zg ht/t;i2—t
City Clerk - Mayor of the City of aha
r
Approved as to Form:
Professional Service Agreement—THE SCHEMMER ASSOCIATES, INC.
NP DODGE PARK MARINA GATE
Page 5 of 5
ovider covenants that he presently has no interest and shall
not acquire any interest, direct or indirect, which would conflict with the performance of services
required to be performed under this agreement; he further covenants that in the performance of this
agreement, no person having any such interest shall be employed.
F. Merger. This agreement shall not be merged into any other oral or written agreement, lease or
deed of any type. This is the complete and full agreement of the parties.
G. Modification. This agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly set
forth herein. No agent, employee or other representative of either party is empowered to alter any of
the terms hereof unless done in writing and signed by an authorized officer of the respective parties.
H. Assignment. The Provider may not assign its rights under this agreement without the express
prior written consent of the City.
I. Strict compliance. All provisions of this agreement and each and every document that shall be
attached shall be strictly complied with as written, and no substitution or change shall be made
except upon written direction from authorized representative.
J. Equal employment opportunity clause. Annexed hereto as Exhibit"A" and made a part hereof
by reference are the equal employment provisions of this contract. All reference in Exhibit "A" to
"Contractor" shall mean "Provider." Refusal by the Provider to comply with any portion of this
Professional Service Agreement—THE SCHEMMER ASSOCIATES, INC.
NP DODGE PARK MARINA GATE
Page 4 of 5
n to
ascertain compliance with the program provided for herein.
D. The Concessionaire shall take actions with respect to any subcontractor as the
City may direct as a means of enforcing the provisions of Paragraphs (A) and(G),
herein, including penalties and sanctions for noncompliance, provided, however,
that in the event the Concessionaire becomes involved in or is threatened with
-12-
onaire, its agents, servants,
employees, contractors, invitees, guests, patrons and suppliers arising out of, whether
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Contract Compliance Ordinance No.35344,Section 10-192
Equal Employment Opportunity Clause
During the performance of this contract,the contractor agrees as follows:
1) The contractor shall not discriminate against any employee applicant for employment because of race,
religion, color, sex, national origin, or disability as defined by the Americans With Disabilities Act of
1990 and Omaha Municipal Code 13-89. The contractor shall take affirmative action to ensure that
applicants are employed and that employees are treated during employment without regard to their race,
religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the
Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not
limited to,reasonable accommodation. As used herein,the word"treated"shall mean and include, without
limitation, the following: Recruited, whether advertising or by other means; compensated; selected for
training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and
terminated. The contractor agrees to and shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officers setting forth the provisions
of this nondiscrimination clause.
2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race,religion, color, sex or national origin.
3) The contractor shall send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding a notice advising the labor union or worker's
representative of the contractor's commitments under the equal employment opportunity clause of the city
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4) The contractor shall furnish to the contract compliance officer all federal forms containing the information
and reports required by the federal government for federal contracts under federal rules and regulations,
and including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable
access to his records. Records accessible to the contract compliance officer shall be those which are
related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the
contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means
of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation
as the result of such directions by the city, the city will enter into such litigation as is necessary to protect
the interests of the city and to effectuate these provisions (of this division); and in the case of contracts
receiving federal assistance, the contractor or the city may request the United States to enter into such
litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the contract
compliance officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such
provisions will be binding upon each subcontractor or vendor.
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EXHIBIT "B"
SCOPE OF SERVICES
PROVIDER shall provide Basic Services as set forth below.
1. Final Design Memorandum
a. Based on the City's specified option of a 30' clear opening drop-in gate located in the
approximate location of the temporary earthen dike placement, and a permanent
intake and discharge piping station with a portable pump to maintain water levels in
the marina when the gate is closed,prepare a final design memorandum confirming
final design parameters and plan,time schedules for design and construction and
revised opinions of project construction cost.
b. Coordinate and meet City project team to review final design memo and obtain
pertinent information,data and direction for completion of an acceptable final design
memorandum.
2. Preliminary Design Phase
a. After acceptance by OWNER of the Final Design Memorandum and upon written
authorization from OWNER,ENGINEER shall:
i. On the basis of the above acceptance, selection, and authorization,prepare
Preliminary Design Phase documents consisting of final design criteria,
preliminary drawings, outline specifications and written descriptions of the
Project.
ii. Provide necessary field surveys and topographic and utility mapping for
design purposes. Utility mapping will be based upon information obtained
from utility owners.
iii. Provide necessary Geotechnical Exploration and Report for design purposes.
iv. Advise OWNER if additional reports, data,information, or services of the
types are necessary and assist OWNER in obtaining such reports, data,
information, or services.
v. Based on the information contained in the Preliminary Design Phase
documents, submit a revised opinion of probable Construction Cost.
vi. Furnish the Preliminary Design Phase documents to and review them with
OWNER.
vii. Submit to OWNER 2 final copies of the Preliminary Design Phase documents
and revised opinion of probable Construction Cost within 30 days after
authorization to proceed with this phase.
b. ENGINEER's services under the Preliminary Design Phase will be considered
complete on the date when final copies of the Preliminary Design Phase documents
have been delivered to OWNER.
3. Final Design Phase
a. After acceptance by OWNER of the Preliminary Design Phase documents and
revised opinion of probable Construction Cost as determined in the Preliminary
Design Phase, and upon written authorization from OWNER,ENGINEER shall:
actor. The purpose of this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means
of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation
as the result of such directions by the city, the city will enter into such litigation as is necessary to protect
the interests of the city and to effectuate these provisions (of this division); and in the case of contracts
receiving federal assistance, the contractor or the city may request the United States to enter into such
litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the contract
compliance officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such
provisions will be binding upon each subcontractor or vendor.
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i. On the basis of the above acceptance, direction, and authorization,prepare
final Drawings indicating the scope, extent, and character of the Work to be
performed and furnished by Contractor. Specifications will be prepared,
where appropriate, in general conformance with the 16-division format of the
Construction Specifications Institute.
ii. Provide technical criteria,written descriptions, and design data for OWNER's
use in filing applications for permits from or approvals of governmental
authorities having jurisdiction to review or approve the final design of the
Project and assist OWNER in consultations with appropriate authorities.
iii. Advise OWNER of any adjustments to the opinion of probable Construction
Cost.
iv. Prepare and furnish Bid plans and specifications for review and approval by
OWNER, and assist OWNER in the preparation of other related documents.
v. Submit 2 final copies of the Bid Plans and Specifications and a revised
opinion of probable Construction Cost to OWNER within 30 days after
authorization to proceed with this phase.
b. Work designed or specified by ENGINEER is to be performed or furnished under one
prime contract.
c. The number of prime contracts for Work designed or specified by ENGINEER upon
which the ENGINEER's compensation has been established under this Agreement is
one(1).
d. ENGINEER's services under the Final Design Phase will be considered complete on
the date when final copies of the Final Design Phase documents have been delivered
to OWNER.
4. Bidding
a. After acceptance by OWNER of the Bidding Plans and Specifications and the most
recent opinion of probable Construction Cost as determined in the Final Design
Phase, and upon written authorization by OWNER to proceed, ENGINEER shall:
i. Assist OWNER in obtaining bids one time for the Work and, attend pre-Bid
conferences, if any.
ii. Issue Addenda as appropriate to clarify, correct, or change the Bidding
Documents.
iii. Consult with OWNER as to the acceptability of subcontractors, suppliers, and
other individuals and entities proposed by Contractor for those portions of the
Work as to which such acceptability is required by the Bidding Documents.
iv. Attend one Bid opening, and assist OWNER in evaluating Bids or proposals.
b. The Bidding Phase will be considered complete upon completion of evaluating bids.
n written authorization from OWNER,ENGINEER shall:
actor. The purpose of this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means
of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation
as the result of such directions by the city, the city will enter into such litigation as is necessary to protect
the interests of the city and to effectuate these provisions (of this division); and in the case of contracts
receiving federal assistance, the contractor or the city may request the United States to enter into such
litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the contract
compliance officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such
provisions will be binding upon each subcontractor or vendor.
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EXHIBIT "C"
CRITERIA,ASSUMPTIONS AND EXCEPTIONS
1. Owner will prepare front-end bidding documents, advertise for bids and conduct all
bidding phase services.
2. This proposal assumes that no public meetings are required.
3. Topographic Survey and Control is included in the Scope of Services.
4. Geotechnical Exploration and Report is included in the Scope of Services.
5. Construction Phase Services, such as construction management services and detailed
construction observation or inspection testing services or construction staking are not
included under the basic services. Construction Phase Services can be added at the
option of the Owner.
6. Owner shall be responsible for securing the necessary permits with support from the
Engineer as detailed in Exhibit `B', 3.ii. The Owner may apply for the necessary
permits with the Engineer, or another consultant of his choosing.
mit 2 final copies of the Bid Plans and Specifications and a revised
opinion of probable Construction Cost to OWNER within 30 days after
authorization to proceed with this phase.
b. Work designed or specified by ENGINEER is to be performed or furnished under one
prime contract.
c. The number of prime contracts for Work designed or specified by ENGINEER upon
which the ENGINEER's compensation has been established under this Agreement is
one(1).
d. ENGINEER's services under the Final Design Phase will be considered complete on
the date when final copies of the Final Design Phase documents have been delivered
to OWNER.
4. Bidding
a. After acceptance by OWNER of the Bidding Plans and Specifications and the most
recent opinion of probable Construction Cost as determined in the Final Design
Phase, and upon written authorization by OWNER to proceed, ENGINEER shall:
i. Assist OWNER in obtaining bids one time for the Work and, attend pre-Bid
conferences, if any.
ii. Issue Addenda as appropriate to clarify, correct, or change the Bidding
Documents.
iii. Consult with OWNER as to the acceptability of subcontractors, suppliers, and
other individuals and entities proposed by Contractor for those portions of the
Work as to which such acceptability is required by the Bidding Documents.
iv. Attend one Bid opening, and assist OWNER in evaluating Bids or proposals.
b. The Bidding Phase will be considered complete upon completion of evaluating bids.
n written authorization from OWNER,ENGINEER shall:
actor. The purpose of this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means
of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation
as the result of such directions by the city, the city will enter into such litigation as is necessary to protect
the interests of the city and to effectuate these provisions (of this division); and in the case of contracts
receiving federal assistance, the contractor or the city may request the United States to enter into such
litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the contract
compliance officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such
provisions will be binding upon each subcontractor or vendor.
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SUPPLEMENTAL GENERAL CONDITIONS
GEOTECHNICAL AND MATERIALS TESTING
•
1. SCOPE OF WORK.The Schemmer Associates are or maybe related
a d to the services provided;
Inc. shall perform the services described in the such hazardous substances including but not
contract and shall invoice the client for those limited to products, materials, or wastes which
services at the contract rates. Any cost estimates may exist on or near any premises upon which
stated in this contract shall not be considered as work is to be performed by The Schemmer
firm figures unless specifically stated in this Associates Inc. If The Schemmer Associates
contract. If unexpected site conditions are Inc. observes or suspects the existence of
discovered, additional services may be required. hazardous materials during the course of
If so, upon approval by the owner, The providing services, The Schemmer Associates
Schemmer Associates Inc. will provide Inc. may, at its option,terminate further work on
necessary additional services at the contract the project and notify client of the conditions.
rates. Services will be resumed only after a
renegotiation of scope of services and fees. In
2. ACCESS TO SITES, PERMITS, AND the event that such renegotiation cannot occur to
APPROVALS. The client shall furnish The the satisfaction of The Schemmer Associates
Schemmer Associates Inc. with right-of-access Inc., The Schemmer Associates Inc. may, at its
to the site in order to conduct the planned option, terminate this contract. It is understood
exploration. Unless otherwise agreed, the client and agreed that The Schemmer Associates Inc.
will also secure all necessary permits, approvals, does not create, generate, or at any time take
licenses, and consents necessary to the possession or ownership of hazardous materials
performance of the services hereunder. While as a result of its exploration services.
The Schemmer Associates Inc. will take
reasonable precautions to minimize damage to 5. REPORTS. The Schemmer Associates Inc.
the property, it is understood by the client that, will furnish up to 3 copies of reports to the
in the normal course of work, some damage may client. Additional copies will be provided at the
occur, the restoration of which is not part of this expense of the client.
agreement.
6. OWNERSHIP OF DOCUMENTS. All
3. UTILITIES. In the performance of its work, reports, boring logs, data, notes, calculations,
The Schemmer Associates Inc. will take estimates, and other documents prepared by The
reasonable precautions to avoid damage or Schemmer Associates Inc. as instruments of
injury to subsurface utilities or structures. This service shall remain the property of The
includes requesting locates of utility owned lines Schemmer Associates Inc.
and services. The client agrees to hold The
Schemmer Associates Inc. harmless and 7. SAMPLE DISPOSAL. Unless otherwise
indemnify The Schemmer Associates Inc. for agreed, test specimens or samples will be
any claims, payments, or other liability, disposed of immediately upon completion of the
including attorney fees, incurred by The test.
Schemmer Associates Inc. for damage to any
privately owned subsurface utilities or structures 8. CONFIDENTIALITY. The Schemmer
which are not correctly identified to The Associates Inc. will hold confidential all
Schemmer Associates Inc. business or technical information obtained from
4. UNANTICIPATED HAZARDOUS the client or generated in the performance of
services hereunder and identified in writing by
MATERIALS. It shall be the duty of the client the client as confidential. The Schemmer
to advise The Schemmer Associates Inc. of any Associates Inc. will not disclose such
known or suspected hazardous substances which
TSA Form 7-SUP 11/06
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information without the client's consent except 10. PRECEDENCE. These standards, terms, and
to the extent required for; 1) performance of conditions shall take precedence over any
services under this contract; 2) compliance with inconsistent or contradictory language contained
professional standards of conduct for in any proposal, contract, purchase order,
preservation of public safety, health, and requisition, notice to proceed, or like document
welfare; 3) compliance with any court order or regarding The Schemmer Associates Inc.
other governmental directive; and/or 4) services.
protection of The Schemmer Associates Inc.
against claims or liabilities arising from 11. PROVISIONS SEVERABLE. In the event
performance of services under this contract. that any of the provisions of these General
The Schemmer Associates Inc. obligations Conditions should be found to be unenforceable,
hereunder shall not apply to information in the it shall be stricken and the remaining provisions
public domain or lawfully acquired on a non- shall be enforceable.
confidential basis from others. The Schemmer
Associates Inc. technical and pricing
information are to be considered confidential
and proprietary, and shall not be released or
otherwise made available by client to any third
party without the express written consent of The
Schemmer Associates Inc.
9. STANDARD OF CARE. Services performed
by The Schemmer Associates Inc. under this
contract will be conducted in a manner
consistent with the level of care and skill
ordinarily exercised by members of the
profession currently practicing under similar
conditions. No other warranty, expressed or
implied, is made or intended by the proposal for
services or by furnishing oral or written reports
of the findings made. The client recognizes that
The Schemmer Associates Inc. does not owe
any fiduciary responsibility to the client. The
client further recognizes that subsurface
conditions may vary from those encountered at
the location where borings, surveys, tests, or
explorations are made by The Schemmer
Associates Inc., and that the data,
interpretations, and recommendations of The
Schemmer Associates Inc. are based solely
upon the data available to The Schemmer
Associates Inc. The Schemmer Associates
Inc. will be responsible for those data,
interpretations, and recommendations, but shall
not be responsible for the interpretation by
others of the information developed.
TSA Form 7-SUP 11/06
e estimates, and other documents prepared by The
reasonable precautions to avoid damage or Schemmer Associates Inc. as instruments of
injury to subsurface utilities or structures. This service shall remain the property of The
includes requesting locates of utility owned lines Schemmer Associates Inc.
and services. The client agrees to hold The
Schemmer Associates Inc. harmless and 7. SAMPLE DISPOSAL. Unless otherwise
indemnify The Schemmer Associates Inc. for agreed, test specimens or samples will be
any claims, payments, or other liability, disposed of immediately upon completion of the
including attorney fees, incurred by The test.
Schemmer Associates Inc. for damage to any
privately owned subsurface utilities or structures 8. CONFIDENTIALITY. The Schemmer
which are not correctly identified to The Associates Inc. will hold confidential all
Schemmer Associates Inc. business or technical information obtained from
4. UNANTICIPATED HAZARDOUS the client or generated in the performance of
services hereunder and identified in writing by
MATERIALS. It shall be the duty of the client the client as confidential. The Schemmer
to advise The Schemmer Associates Inc. of any Associates Inc. will not disclose such
known or suspected hazardous substances which
TSA Form 7-SUP 11/06
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c-2�A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, The Schemmer Associates, Inc. has submitted a proposal to provide
the necessary design and construction drawing production of a gate system'at the N.P. Dodge
Park Marina, 11001 N. Pershing Drive, Omaha,Nebraska; and,
WHEREAS, The Schemmer Associates, Inc. has agreed to perform the services
listed in the attached Professional Services Agreement for an hourly fee not to exceed
$49,631.00, including$800.00 in reimbursables; and,
WHEREAS, the Mayor has recommended approval of this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Mayor is authorized to sign and the City Clerk to attest the
Professional Services Agreement with.The Schemmer Associates, Inc. to provide the necessary
design and construction drawing production of a gate system for the N.P. Dodge Park Marina,
11001 N. Pershing Drive, Omaha, Nebraska. These services will be on an hourly basis with a
not to exceed maximum of $49,631.00, including reimbursable expenses of $800.00. The
Finance Department is authorized to pay this cost from the N. P. Dodge Marina Fund No. 21111
and Organization No.115452, N. P. Dodge Capital Improvements. The City of Omaha will issue
Revenue Bonds in the future to finance this improvement.
P:\PRPP1\15571pjm.doc APPROVED AS TO FORM:
S
ASS'S T CITY ATTORNEY DATE
/0404..1 94.144
By
Councilmember
Adopted JUN - S 2007 7- a
/7X4
City Clerk
�i� 2Approved i
Mayor
ordinarily exercised by members of the
profession currently practicing under similar
conditions. No other warranty, expressed or
implied, is made or intended by the proposal for
services or by furnishing oral or written reports
of the findings made. The client recognizes that
The Schemmer Associates Inc. does not owe
any fiduciary responsibility to the client. The
client further recognizes that subsurface
conditions may vary from those encountered at
the location where borings, surveys, tests, or
explorations are made by The Schemmer
Associates Inc., and that the data,
interpretations, and recommendations of The
Schemmer Associates Inc. are based solely
upon the data available to The Schemmer
Associates Inc. The Schemmer Associates
Inc. will be responsible for those data,
interpretations, and recommendations, but shall
not be responsible for the interpretation by
others of the information developed.
TSA Form 7-SUP 11/06
e estimates, and other documents prepared by The
reasonable precautions to avoid damage or Schemmer Associates Inc. as instruments of
injury to subsurface utilities or structures. This service shall remain the property of The
includes requesting locates of utility owned lines Schemmer Associates Inc.
and services. The client agrees to hold The
Schemmer Associates Inc. harmless and 7. SAMPLE DISPOSAL. Unless otherwise
indemnify The Schemmer Associates Inc. for agreed, test specimens or samples will be
any claims, payments, or other liability, disposed of immediately upon completion of the
including attorney fees, incurred by The test.
Schemmer Associates Inc. for damage to any
privately owned subsurface utilities or structures 8. CONFIDENTIALITY. The Schemmer
which are not correctly identified to The Associates Inc. will hold confidential all
Schemmer Associates Inc. business or technical information obtained from
4. UNANTICIPATED HAZARDOUS the client or generated in the performance of
services hereunder and identified in writing by
MATERIALS. It shall be the duty of the client the client as confidential. The Schemmer
to advise The Schemmer Associates Inc. of any Associates Inc. will not disclose such
known or suspected hazardous substances which
TSA Form 7-SUP 11/06
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Page 1 of 6, 5/17/2007 10:11:54 AM, Bid Tabulation, Generated by:admin for project OPW 51315
on can be supplemented if the City chooses.
EXHIBIT"A"
Page 6 of 6
'