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RES 2007-0059 - Agmt with TransSystems Corporation for 156th St and W Center Rd intersection improvements 69 Q 01AAHA,NFd �0`, 1' E C '; ;' '' -- Public Works Department , Adr Omaha/Douglas Civic Center t'I i'C�'kZ °t r 2 1819 Farnam Street,Suite 601 ®�'��1�.� ��,� January 9, 2007 06 ��C 2� T. (,.: a. o.,. 'r .. ';_M• . Omaha,Nebraska 68183-0601 Ao,p (402)444-5220 4 C i.f Fax(402)444-5248 City of Omaha 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 a Professional Services Agreement with TranSystems Corporation to provide preliminary engineering and environmental evaluation services for the 156th Street and West Center Road intersection improvements. This is Project No. 408 in the 2007-2012 Capital Improvement Program. TranSystems was selected by the Engineers and Architects selection process and has agreed to perform the work for $212,367.58. The costs incurred will be paid for from the 2006 Transportation Bond Fund 13182, 2007 Issue Transportation Bonds Organization 117112. TranSystems has filed the required Annual Contract Compliance Report Form in the Human Rights and Relations Department and the Human Rights and Relations Director will review the consulting firm to determine its compliance. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Resctfully submitted, Referred to City Council for Consideration: 0/4 -4 /z2-©4 �) • P• o.6 . Stubbe, P.E. _''Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: ,g4;j5( , (',...„,\ ,A)„. 1,..1,1„ /21/2,/, Carol A. Ebdon Date Gail Kinsey Th zpso�n / ate Finance Director 0 • Human Rights and Relations Director P:\PW1\16837maf.doc 'O n co —I 0 m I .E.N-AO Date Mayor's office Date - .. Public Works Director I' • Approved as to Funding: JQ roved: , -'i—v'� � _ l a`I t�.,10 le l2//2/0,6 Carol A. Ebdon ate Gail Kinsey Tho npson Date Finance Director/` - Human Rights and Relations Director P:\PW 1\16839maf.doc N m CD Cl o r. 3 0 tn ,, =3 co W to-0 O N OC p) V N N 7 CO O CO K CO O CO 0 . A O :Cu ^ W 0 W $500.00 per LS $500.00 Commonwealth Electric Company $783.00 •per LS $783.00 Vierregger Electric Co., Inc. $409.00 per LS $409.00 OK Electric Co., Inc. $417.00 per LS $417.00 Electric Company of Omaha $746.59 per LS $746.59 Page 7 of 8, 12/6/2006 11:52:39 AM, Bid Tabulation, Generated by:general services for project OPW 51148 ect OPW 51148 a ' W Z W On mU I- - Q N0 H Z U l Z Q > 0J 2 Z O a OTo O O a U a J F- W W 0 W J 0 g a F_ Z Z Y Y U a O Cl)E 0 a z > > W z Q I-<C < W z F- F- z a - can a a o U a as I- co Cao w z O s requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs, and maintenance • expenses, and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for repairs, maintenance and operating costs of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any PROFESSIONAL SERVICES AGREEMENT� , THIS AGREEMENT is hereby made and entered into this `'1/e day of/;0417,20iby and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska(hereinafter referred to as the "City"), and TranSystems (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION Preliminary Design and Environmental Evaluation for 156th Street and West Center Road Intersection. (State Proj. No. S-38-7(1008),CN 20137B) Perform an environmental evaluation for the intersection of 156th Street and West Center Road. Also included are the preliminary design services necessary to complete the environmental evaluation. A contract amendment will add final design services and potential construction management services as necessary. This project will improve the turning movements in all directions and the access to the commercial developments northeast of the intersection. This project will set the stage for the improvements to be implemented as part of the City of Omaha's West Center Road — 150th Street to 156th Street project. II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Proposal attached hereto, for the City, relative to the above-referenced project which is illustrated in Exhibit"D"attached hereto. Such services shall be completed within a 200 day period after receipt of a purchase order from the City. B. Provider designates Raymond Herweg, P.E. whose business address and phone number are TranSystems 16934 Frances Street, Suite100 Omaha, NE 68130 and 895-5427 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(5)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. III. DUTIES OF CITY A. City designates Kirk Pfeffer whose business address and phone number are 1819 Farnam Street, Suite 600, Omaha, NE 68183 and 444-4911 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. co W to-0 O N OC p) V N N 7 CO O CO K CO O CO 0 . A O :Cu ^ W 0 W $500.00 per LS $500.00 Commonwealth Electric Company $783.00 •per LS $783.00 Vierregger Electric Co., Inc. $409.00 per LS $409.00 OK Electric Co., Inc. $417.00 per LS $417.00 Electric Company of Omaha $746.59 per LS $746.59 Page 7 of 8, 12/6/2006 11:52:39 AM, Bid Tabulation, Generated by:general services for project OPW 51148 ect OPW 51148 a ' W Z W On mU I- - Q N0 H Z U l Z Q > 0J 2 Z O a OTo O O a U a J F- W W 0 W J 0 g a F_ Z Z Y Y U a O Cl)E 0 a z > > W z Q I-<C < W z F- F- z a - can a a o U a as I- co Cao w z O s requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs, and maintenance • expenses, and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for repairs, maintenance and operating costs of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed on an hourly basis,but in no event shall exceed$212,367.58. B. Reimbursable expenses shall be billed to the City by the Provider. C. INCREASE OF FEES The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent, if the original fee is one hundred fifty thousand dollars ($150,000)or more, or(b)by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the city council. The provisions of this section will be quoted in all future city contracts. Nothing in this section is intended to alter the authority of the mayor under section 5.16 of the Charter to approve immediate purchases. V. OWNERSHIP All plans and specifications provided pursuant to the terms of this Agreement, including, but not limited to,reproducible mylars, shall be and become the property of the City. No additional compensation shall be due the Provider from the City for such plans. However, if the plans are re-utilized on projects other than those noted above, by the City, the City agrees to first contact the Provider to contract with the Provider for any required adaptations, contingent upon the negotiation of a fee for this service acceptable to both the City and the Provider. VI. ADDITIONAL SERVICES 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. VII. INSURANCE REQUIREMENTS Provider shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option,its property. V N N 7 CO O CO K CO O CO 0 . A O :Cu ^ W 0 W $500.00 per LS $500.00 Commonwealth Electric Company $783.00 •per LS $783.00 Vierregger Electric Co., Inc. $409.00 per LS $409.00 OK Electric Co., Inc. $417.00 per LS $417.00 Electric Company of Omaha $746.59 per LS $746.59 Page 7 of 8, 12/6/2006 11:52:39 AM, Bid Tabulation, Generated by:general services for project OPW 51148 ect OPW 51148 a ' W Z W On mU I- - Q N0 H Z U l Z Q > 0J 2 Z O a OTo O O a U a J F- W W 0 W J 0 g a F_ Z Z Y Y U a O Cl)E 0 a z > > W z Q I-<C < W z F- F- z a - can a a o U a as I- co Cao w z O s requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs, and maintenance • expenses, and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for repairs, maintenance and operating costs of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any IX. 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, sec, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89,political or religious opinions,affiliations or national origin. B. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. C. 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. D. 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. E. 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. the plans are re-utilized on projects other than those noted above, by the City, the City agrees to first contact the Provider to contract with the Provider for any required adaptations, contingent upon the negotiation of a fee for this service acceptable to both the City and the Provider. VI. ADDITIONAL SERVICES 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. VII. INSURANCE REQUIREMENTS Provider shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option,its property. V N N 7 CO O CO K CO O CO 0 . A O :Cu ^ W 0 W $500.00 per LS $500.00 Commonwealth Electric Company $783.00 •per LS $783.00 Vierregger Electric Co., Inc. $409.00 per LS $409.00 OK Electric Co., Inc. $417.00 per LS $417.00 Electric Company of Omaha $746.59 per LS $746.59 Page 7 of 8, 12/6/2006 11:52:39 AM, Bid Tabulation, Generated by:general services for project OPW 51148 ect OPW 51148 a ' W Z W On mU I- - Q N0 H Z U l Z Q > 0J 2 Z O a OTo O O a U a J F- W W 0 W J 0 g a F_ Z Z Y Y U a O Cl)E 0 a z > > W z Q I-<C < W z F- F- z a - can a a o U a as I- co Cao w z O s requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs, and maintenance • expenses, and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for repairs, maintenance and operating costs of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any F. Assignment. The Provider may not assign its rights under this Agreement without the express prior written consent of the City. G. Equal Employment Opportunity Clause. Annexed hereto as Exhibits "A", "B", "C", "D"and "E" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A", "B", "C", "D" and "E" to "Contractor" shall mean "Provider". Refusal by the Provider to comply with any portion of this 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 16 day of November , 2006 . TranSystems ��./ Provid /�� / By(_XarfrOd ATTEST Q� Vitae fr'r. 5rdcn (Title) EXECUTED this // day of �,tJU 4 ry 1O , . ATTES / CITY OF OMAHA,A Municipal Corporation )144)14 By c4-44-7/ City;Clerk Mayor f APPROVED AS TO FORM: ty City Attorney Revised: 4/18/05 lete and full agreement of the parties. the plans are re-utilized on projects other than those noted above, by the City, the City agrees to first contact the Provider to contract with the Provider for any required adaptations, contingent upon the negotiation of a fee for this service acceptable to both the City and the Provider. VI. ADDITIONAL SERVICES 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. VII. INSURANCE REQUIREMENTS Provider shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option,its property. V N N 7 CO O CO K CO O CO 0 . A O :Cu ^ W 0 W $500.00 per LS $500.00 Commonwealth Electric Company $783.00 •per LS $783.00 Vierregger Electric Co., Inc. $409.00 per LS $409.00 OK Electric Co., Inc. $417.00 per LS $417.00 Electric Company of Omaha $746.59 per LS $746.59 Page 7 of 8, 12/6/2006 11:52:39 AM, Bid Tabulation, Generated by:general services for project OPW 51148 ect OPW 51148 a ' W Z W On mU I- - Q N0 H Z U l Z Q > 0J 2 Z O a OTo O O a U a J F- W W 0 W J 0 g a F_ Z Z Y Y U a O Cl)E 0 a z > > W z Q I-<C < W z F- F- z a - can a a o U a as I- co Cao w z O s requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs, and maintenance • expenses, and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for repairs, maintenance and operating costs of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any UTILIZATION OF forth in the PBE/DBE specifications for PROTECTED AND/OR DISADVANTAGED participation by Protected and/or Disadvantaged BUSINESS ENTERPRISES Business Enterprises in the performance of any contract resulting from this solicitation or, as an alternative, that the contractor has made or will A. Protected and/or Disadvantaged Business Enterprise make good faith efforts toward meeting the (PBE/DBE) Participation Contract Specifications PBE/DBE goals, and will demonstrate to the Pursuant to City of Omaha Contract Compliance City of Omaha's satisfaction that the contractor Ordinance. has made such efforts. Bidders must submit with their bids, on the form set forth in the 1. It is the policy of the City of Omaha that PBE/DBE specifications, the names, respective Protected and/or Disadvantaged Business scope of work, and the dollar values of each Enterprises shall have the maximum practicable PBE/DBE subcontractor that the Bidder opportunity to participate in the City of Omaha proposes for participation in the contract work. projects. Consequently, the PBE/DBE In any case, Exhibits "A" and "B" must be requirements of Contract Compliance Ordinance submitted with the bid. If the information so apply to this solicitation. In this regard, the submitted indicates that the City of Omaha goals Contractor to whom any award of this solicitation will not be met, the Bidder shall submit good is made shall take all necessary and reasonable faith efforts documentation with their bid. The steps in accordance with this solicitation to evidence must show to the City of Omaha's ensure that Protected and/or Disadvantaged satisfaction that the bidder has in good faith Business Enterprises have the maximum made every reasonable effort, in the City of opportunity to participate in the Contract. The Omaha's judgment, to meet such goals. If any Contractor shall not discriminate on the basis of bidder fails to submit, with the bid, the required race, color, national origin, sex, religion, age or information concerning PBE/DBE participation, disability in the award or performance of any or if, having failed to meet the City of Omaha's contract or subcontract resulting from or relating goals or fails to demonstrate to the City of to this solicitation. Failure to carry out the pre- Omaha's satisfaction the bidder's good faith award requirements of these PBE/DBE efforts to do so, the City of Omaha may, in its specifications will be sufficient ground to reject discretion,reject the bid. the Bid. Failure of the Contractor to carry out the requirements of the PBE/DBE specifications 3. Protected and/or Disadvantaged Business shall constitute a material breach of the contract Enterprise Goals. Bidders are hereby informed and may result in termination of the contract. that pursuant to Sec. 10-200 and Executive The Contractor shall use its best efforts to carry Order No. F-11-02 the City of Omaha has a PBE out the PBE/DBE policy consistent with efficient Participation goal of no less than 13% and a performance on the project. DBE participation goal of no less than 10% of the dollar volume of all the contracts that it 2. Bidders are hereby informed that the City of awards. All bidders shall make every good faith Omaha has established goals for the participation effort to meet said goals. of Protected and/or Disadvantaged Business Enterprise in all contracts that it awards. 4. The City of Omaha shall set specific goals for Subcontracts awarded, by the Bidder that is all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 5. Bidders are informed that price alone does not g. Concerning each PBE/DBE the Bidder constitute an acceptable basis for rejecting contacted but rejected as unqualified, the PBE/DBE bids unless the Bidder can reasons for the Bidder's conclusion; demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to h. Efforts made to assist the PBE/DBEs meet the PBE/DBE goal or to show reasonable contacted that needed assistance in efforts to that end will, in the City of Omaha's obtaining bonding, lines of credit, or discretion, constitute sufficient ground for bid insurance required by the Bidder or the City rejection. Such reasonable efforts may include, of Omaha; but are not limited to, some or all of the following: i. Designation, in writing, of a liaison officer who administers the Bidder's Protected a. Attendance at the pre-bid conference,if any; and/or Disadvantaged Business Enterprise utilization program; b. Follow-up of initial solicitations of interest by contacting PBE/DBEs to determine with j. Expansion of search for PBE/DBEs to a certainty whether the PBE/DBEs are wider geographic area than the area in interested; which the Bidder generally seeks subcontractors if use of the customary c. Efforts made to select portions of the work solicitation area does not result in meeting (including where appropriate, breaking down the goals by the Bidder; and, contracts into economically feasible units) proposed to be performed by PBE/DBEs in k. Utilization of services of available protected order to increase the likelihood of achieving community organizations, protected the PBE/DBE goals; contractor's group, local, state, and federal minority business assistance offices, and d. Efforts to negotiate with PBE/DBEs for other organizations that provide assistance in specific sub-bids,including at a minimum: the recruitment and placement of PBE/DBEs. (1) The names, addresses, type of work to be 6. The Bidder must comply with the following: subcontracted, and telephone numbers of PBE/DBEs that were contacted; a. Prior to award of this Contract all Bidders (2) A description of the information shall submit Exhibit "A", Protected and/or provided to PBE/DBEs regarding the Disadvantaged Business Disclosure plans and specifications for portions of Participation Form. Exhibit "A" must be the work to be performed; and, submitted with the bid. Bidder must also (3) A detailed statement of the reasons why submit a copy of the written bid submitted additional prospective agreements with by the PBE/DBE subcontractor to the PBE/DBEs needed to meet the stated Bidder or other verification in writing from goals,were not reached. the PBE/DBE subcontractor that said subcontractor has agreed to perform the e. Advertisement in general circulation media, subcontracting work identified in the bid trade association publications, and protected- submitted by the Bidder. focus media for a reasonable period before bids are due; b. If Bidder fails to meet the goals set forth above, Good Faith Efforts Documentation f. Notification, in writing, to a reasonable must be submitted with bid. number of specific PBE/DBEs that their interest in contract work is solicited, in c. Also, prior to award of this contract all sufficient time to allow the PBE/DBEs to Bidders must submit Exhibit "B" Contractor participate effectively; employment data form with the bid. e Bidder that is all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any d. The Bidder and any of its subcontractors that the Bidder/Contractor's procedures and practices have been designated by the Bidder as PBE with respect to the Protected and/or and/or DBE must have been approved as Disadvantaged Business Enterprise which the such by the Human Relations Department Human Relations Department may from time to prior to bid opening on the project. time conduct. e. After bid opening and during contract B. PBE/DBE Reporting and Record Keeping performance, Bidders and the Contractor, as Requirements. the case may be, are required to make every reasonable effort to replace a PBE/DBE 1. The Contractor shall submit periodic reports subcontractor that is determined to be unable of contracting with Protected and/or to perform successfully or is not performing Disadvantaged Business Enterprises in such satisfactorily, with another PBE and/or DBE, form and manner and at such time as prior to substituting such PBE/DBE, the prescribed by the City of Omaha (Exhibit C Contractor shall seek approval from the is currently required to be submitted within Human Relations Department. The City of 10 calendar days following the end of each Omaha's Human Relations Department calendar quarter, from the start of the Director or a designee, shall approve all prior project). substitutions in writing in order to ensure that the substituted firms are bona fide 2. The Contractor and subcontractors shall PBE/DBEs. permit access to their books, records, and accounts by the Human Relations Director f. In the event of the Contractor's non- or a designated representative for purpose of compliance with the Protected and/or investigation to ascertain compliance with Disadvantaged Business Enterprise these specified requirements. Such records requirements of this Contract, the City of shall be maintained by the Contractor in a Omaha shall impose such contract sanctions fashion that is readily accessible to the City as it may determine to be appropriate, of Omaha for a minimum of three years including,but not limited to: following completion of this Contract. (1) Rejection of the Bid 3. To ensure that all obligations under any (2) Withholding of payments to the contract awarded as a result of this bid Contractor until the Contractor complies; solicitation are met, the City of Omaha will and/or conduct specific reviews of the Contractor's (3) Cancellation, termination or suspension PBE/DBE involvement efforts during of the Contract, in whole or in part; or contract performance. The Contractor shall (4) Any other penalty set forth in the City of bring to the attention of the Human Omaha's Contract Compliance Relations Director any situation in which Ordinance. regularly scheduled progress payments are not made to PBE/DBE subcontractors. 7. For the information of Bidders, Contract In submitting its bid, the Bidder is certifying that it Compliance Ordinance outlines the City of has contacted City of Omaha Human Relations Omaha's rules, guidelines and criteria for (a) Department prior to bid opening regarding this making determinations as to the legitimacy of project and has afforded subcontractors participating PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of cts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any • EXHIBIT "A" PROTECTED AND/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM THIS FORM MUST BE SUBMITTED WITH THE BID In the performance of this contract,the contractor proposes and agrees to make good faith efforts to contract with eligible City of Omaha certified PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain prior approval from the Human Relations Department Director or a designee,for substitution of the below listed subcontractor with a City of Omaha certified PBE and/or DBE. In submitting this form, the Bidder is certifying that it has contacted City of Omaha Human Relations Department prior to bid opening regarding this proiect and has afforded subcontractors participating in the program the opportunity to submit bids on this project. Type of work and Projected contract item or parts commencement Name of PBE and/or thereof to be and completion *Agreed price with DBE Address performed date of work PBE/DBEs Percentage(%) 4822 Dodge Street Drainage and ROW Dec.06 to $35,064 16.5 Batheja&Assoc. Omaha,NE 68132 Design June 06 $35,064 16.5 Totals *Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the • PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of an e Contract Awards. Signature!// n 10�'/G/ /� t, Title l C C I?S den Date of Signing // //6 d 6 Firm or Corporate Name_TranSystems Address 16934 Frances Street,Suite 100,Omaha,NE 68130 Telephone Number 895-5400 to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of cts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any • EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA THIS FORM MUST BE SUBMITTED WITH THE BID BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORK FORCE DATA WITH EACH BID (Protected Class is defined a_s Black, Hispanic,Asian and Pacific Islander,American Indian or Alaskan Native, Female.) Total Employees Protected Class Males Protected Class Females American American Total Total Asian or Indian or Asian or Indian or Work Protected Pacific Alaskan Pacific Alaskan Date Force Class Black Hispanic Islander Native Black Hispanic ,Islander Native White 11-IS-oc Z 0 y *Refer any q'iestions regardin0 the BID or SPFCIFICATInNS directly to the Purchasing Department(402)444-5400 or as shown on bid. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any Questions regarding the Contract Compliance Ordinance should be directed to the Human Relations Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: /Ka SqS/ i S ////6 /66 (Date of Signing) Signature: 1\0Yrvibad �ev�e I?E . ViGO. PrCSPd en� 62241rnoWd (Print Name) (Title) (Signature) L CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the • PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of an e Contract Awards. Signature!// n 10�'/G/ /� t, Title l C C I?S den Date of Signing // //6 d 6 Firm or Corporate Name_TranSystems Address 16934 Frances Street,Suite 100,Omaha,NE 68130 Telephone Number 895-5400 to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of cts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any EXHIBIT "C" QUARTERLY REPORT ON PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES (This form must be submitted within 10 calendar days of the end of each calendar quarter, from the start of the project.) Company Name: Project Number: Project Name: Total Contract Amount: Calendar Quarter Covered by this Report: 1st 3rd 2nd 4th Year200_ I. Protected and/or Disadvantaged Contractors Instructions: List all Protected and/or Disadvantaged Subcontractors which have performed work since Notice to Proceed (NTP), are currently performing work, and are contemplated to perform work during the duration of the City of Omaha Contracts. Name and total dollars committed and paid. Name of Protected and/or Disadvantaged Dollars Paid During Dollars Paid Since Business Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date e Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any Questions regarding the Contract Compliance Ordinance should be directed to the Human Relations Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: /Ka SqS/ i S ////6 /66 (Date of Signing) Signature: 1\0Yrvibad �ev�e I?E . ViGO. PrCSPd en� 62241rnoWd (Print Name) (Title) (Signature) L CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the • PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of an e Contract Awards. Signature!// n 10�'/G/ /� t, Title l C C I?S den Date of Signing // //6 d 6 Firm or Corporate Name_TranSystems Address 16934 Frances Street,Suite 100,Omaha,NE 68130 Telephone Number 895-5400 to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of cts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any ~ Tra n Systems TranSystems16934 Frances Street Suite 100 Omaha,NE 68130 October 30,2006 Tel 402 895 5400 Fax 402 895 3500 www.transystems.com Mr. Kirk Pfeffer, P.E. Design Engineer Public Works Department City of Omaha 1819 Farnam Street,Suite 600 Omaha, NE 68183 Re: Cost Proposal for Phase 1 Services for 156th Street and West Center Road Intersection Dear Kirk: TranSystems ispleased to submit thisproposal toprofessional engineering services for the Cityof Y provide9 9 Omaha on the above referenced project. The scope of work for Phase 1 services includes work for completing preliminary design and environmental evaluation for the intersection of West Center Road/Industrial Road and the intersection of West Center Road and 156th Street and all road and railroad crossing improvements associated with the project. Phase 2 services will consist of final design and preparing construction plans and documentation. Phase 2 services are not part of this scope. This proposal details the services TranSystems proposes to perform for the City of Omaha in connection with the project,the pricing at which TranSystems proposes to perform these services,the schedule for completing these services and the assumptions upon which TranSystems has based this proposal. If this proposal is acceptable to the City of Omaha, please indicate your acceptance by executing this proposal in the space provided. SCOPE OF SERVICES TranSystems shall perform for the City of Omaha the following described services: 1) Perform any supplemental survey for information not included in the survey provided by the City of Omaha. a. Verify survey supplied by the City. b. Supplemental survey. c. Survey utilities along the corridor. d. Survey Union Pacific tracks of spur line crossing West Center Road and parallel to Bob Boozer Drive to the north. 2) Develop Conceptual horizontal alignments along the following alignments: a. Along West Center Road,east of the West Center Road/Industrial Road intersection to west of the West Center Road/156th Street intersection,taking into consideration widening the roadway with proper taper rates. b. Along 156th Street and Bob Boozer drive taking into consideration the bridge on 156th Street and the flattening of the curve on Bob Boozer Drive north of West Center Road. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any Iran Systems\ Mr. Kirk Pfeffer, P.E. 2 October 30,2006 3) Develop project design criteria and lane configurations: a. West Center Road, east of the West Center Road/Industrial Road intersection to west of the West CenterRoad/156th Street intersection,determine the widening limits and turn bay configurations. Design for ultimate six-lane sections with 28-foot median and dual lefts onto eastbound West Center Road and onto southbound 156th Street. Design with consideration of UPRR crossing east of 156th Street. Design right turn bay on westbound Industrial Road to go to eastbound West Center Road to match the West Center Road project. b. Along 156th Street,widen to four lanes north of the bridge with a single westbound left-turn bay at West Center Road,evaluate adding one lane or two lanes onto the bridge over the West Branch Papillion Creek,and design four lanes to Elm Street and taper to three lanes up to Skutt High School. c. Along Bob Boozer Drive,widen to four lanes north of West Center Road with one left-turn bay onto West Center Road and then transition to a three-lane section tying into the City of Omaha's project to the north. d. Develop preferred alignment of the new north drive from Horizon West onto Bob Boozer Drive. e. Determine business access points along Bob Boozer Drive and 156th Street. f. Define project limits. 4) Develop Preliminary Plans for West Center Road, 156th Street and Bob Boozer Drive. Design will take into consideration the use of existing pavement with widening and overlay to obtain the ultimate typical.The City of Omaha design standards and standard bid items will be used for this project. The following will be included in the preliminary plans: a. Typical Sections will be developed for West Center Road, 156th Street and Bob Boozer Drive. b. Aerial sheets will be developed showing the proposed improvements. c. Geometrics will be developed for all pavement widening and new construction. d. Removal sheets will be developed using City standard items. e. Construction sheets will be developed using City standard items. f. Drainage design will be done by Batheja&Associates. The design will investigate modifying the existing storm sewer and determining new storm sewer. g. Cross sections will be developed for purposes of calculating earthwork associated with the project. h. Establish limits of construction and show on plans. i. Phasing plans will be prepared to show constructability of the project. j. Bridge TS&L will be developed for the 156th Street Bridge over the West Branch Papillion Creek. It will be determined if the bridge is to be widened or replaced by working with the NRD. k. Plans will be submitted to the city at 30%and 65%completion. 5) Railroad coordination: a. Conduct one initial meeting with Union Pacific Railroad(UPRR)public projects and design personnel to discuss the proposed widening project, including the expansion to six lanes of West Center Road. The meeting would also include discussions about the additional access point from Horizon West. From prior discussions with the UPRR, it is anticipated that the UPRR would require the elimination of one at-grade crossing along the same industry spur before approving an additional access point to Horizon West. b. Conduct one meeting with UPRR Signal personnel to discuss concept plan and potential impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any ran Systems Mr. Kirk Pfeffer, P.E. 3 October 30, 2006 c. Determine crossing protection system location for West Center Road. This would incorporate the comments from UPRR Signal Department. d. Determine location for proposed access point to the Horizon West Development along Bob Boozer Drive.This would require the closure of one at-grade crossing along this UPRR industry spur. TranSystems will utilize data provided by the City of Omaha and the UPRR to determine 4(four)potential closure locations. TranSystems shall evaluate up to 4(four) existing at-grade crossings along the existing UPRR industry spur to determine the optimum location for the closure. Also included,a determination of the type of crossing protection that would be required for the additional access into Horizon West. e. Develop preliminary plans for location of the crossings and signal protection system. This would include the two access points from Bob Boozer Drive across the UPRR industry spur, the crossing of West Center Road,and the potential closed crossing at the UPRR industry spur. f. Conduct meeting with UPRR public projects personnel to discuss potential of closure of single at-grade crossing,future location of proposed at-grade crossing, and proposed crossing protection for Horizon West. g. Develop estimated probable cost of construction for the crossings at Bob Boozer Drive,West Center Road,and the closure of the existing crossing incorporating costs obtained from the UPRR. h. Obtain existing traffic counts from City of Omaha along this railroad spur to determine potential locations for study. i. Obtain new traffic counts from City of Omaha along four(4)at-grade crossings with the UPRR industry spur. j. Obtain preferred clearances and preferred crossing protection for West Center Road from UPRR Signal Department. k. Obtain estimated probable cost of construction for the work completed by the UPRR from the UPRR. This should include cost of the crossing protection system at West Center Road, both access points from Bob Boozer Drive,and the closure of an existing crossing. I. Obtain from City of Omaha any proposed or previously submitted plans for access points from Bob Boozer Drive to Horizon West. 6) The following meetings are anticipated: a. A kickoff meeting and one progress meeting with the City of Omaha. b. A kickoff meeting with utility companies to explain the scope and define the project schedule. c. One joint meeting with staff from City of Omaha and NDOR to discuss improvements along West Center Road(U.S. 275). This meeting will be held at the NDOR District 2 office. d. Three joint meetings with staff from City of Omaha and UPRR to discuss the existing rail crossings and one additional rail crossing. e. One joint meeting with staff from City of Omaha and NRD to discuss modifications the 156th Street Bridge over the West Branch of the Papillion Creek and impacts to the trail system. f. A utility meeting at the completion of preliminary design to identify conflicts and construction schedules. g. Plan-in-hand at the project site. h. One meeting with the City of Omaha prior to each public meeting. i. Constructability Review meeting. proving an additional access point to Horizon West. b. Conduct one meeting with UPRR Signal personnel to discuss concept plan and potential impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any an Systems , Mr. Kirk Pfeffer, P.E. 4 October 30,2006 7) Prepare and conduct a Public Information Meeting for the project. The meeting will consist of a short presentation along with an open house. TranSystems will work with the Cityto determine the location for and to prepare the advertising for this public meeting. A second Public Information Meeting will be held at the end of the final phase of this project. That meeting is not part of this contract. TranSystems will conduct and supply the following: a. Individual meetings will be scheduled and held at the TranSystems office to inform business owners of impacts prior to the first Public Information Meeting.A member of the City's Right- of-Way Department will be invited to attend. b. Displays of the proposed project, roadway typical and limits of construction will be prepared for meeting along with a fact sheet for the project that will be distributed at the meeting. c. Prepare PowerPoint presentation. 8) TranSystems will be establishing coordination with the utility companies in the project corridor: a. Base plans will be mailed to all utility companies to verify if they have any facilities located in the corridor and for them to verify the locations of their facilities. The City will provide the list of utility companies to be contacted. b. At the end of this phase, preliminary plans will be distributed to the utility companies to identify any conflicts with the design. 9) Prepare a preliminary cost estimate for construction. The preliminary estimate will include major construction items including the bridge,rail crossing improvements and traffic signals. Cost estimates will be based on the preliminary quantities and the latest cost data from NDOR and other sources. Percentages found in the NDOR Design Manual will be used for engineering, utilities, construction engineering and contingencies. Included in the estimate will be estimated right-of-way impacts. Right-of-way costs will need to be determined by the City's Right-of-Way Department. 10) Prepare tract maps showing all affected tracts. Titles have been provided by the City and will be reviewed. Any additional titles that are required will be provided by the City. More details for right- of-way scope are included in the attached proposal from Batheja&Associates. 11) Prepare an Environmental Action Plan which considers impacts to this project. This will include several items that will need to be given consideration during the design process to avoid project delays and minimize the requirements for mitigation. More details for the environmental action plan scope of work are included in the attached proposal from Olsson Associates. 12) Perform geotechnical investigation for pavement widening,new north drive out of Horizon West, and at the 156th Street Bridge. More details for the geotechnical services are included in the attached proposal from Kleinfelder. SERVICES PROVIDED BY OTHERS Olsson Associates will prepare the Environmental Action Plan. Kleindelder will perform the geotechnical investigations. Batheja&Associates will provide drainage design and right-of-way design. Proposals detailing the Phase 1 Scope of Work and estimated costs for each of TranSystems'sub consultants is included with this cost proposal. The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any \> Iran Systems Mr. Kirk Pfeffer, P.E. 5 October 30, 2006 SCHEDULE TranSystems anticipates that the services outlined above can be completed based on the schedule shown below. The tasks shown are all those required to complete Phase 1 Services(Environmental Action Plan and Preliminary Design). All dates shown are approximate. Task Begin End Notice to Proceed Nov.20,2006 Kickoff meeting with City Nov.21,2006 Begin Environmental Action Plan Nov.21,2006 June 1,2007 Develop alignments Nov.22,2006 Dec. 1,2006 Develop lane configurations Nov.22,2006 Dec. 15,2006 Progress meeting to review project limits Dec. 18,2006 Begin preliminary design Dec. 19,2006 Meeting with City/NDOR review project limits Dec.21,2006 Meeting with City/UPRR Dec.22,2006 Kickoff meeting with utility companies Jan.3,2007 Meeting with NRD review bridge and trail impacts Jan.6,2007 Submit 30%plans to the City Feb. 12,2007 Begin advertising for the public information meeting Feb. 12,2007 Send out flyers to property/business owners along project Feb. 12,2007 Plan-in-hand meeting at the project Feb. 12,2007 Meeting with the City/UPRR Feb. 14,2007 Utility coordination meeting Feb.20,2007 Meeting with City to review for public information meeting Feb.21,2007 Meeting with property/business owners at TranSystems Feb.22,2007 Feb.23,2007 Public information meeting March 1,2007 Submit preliminary plans and cost estimate April 9,2007 Meeting with the City/UPRR April 24,2007 Constructability review meeting April 25,2007 Submit ROW strip map and tract maps to City May 2,2007 COMPENSATION • As compensation for the performance of the of the described Phase 1 Services, TranSystems will be reimbursed by the City of Omaha for actual costs incurred plus a fixed fee. The actual costs include direct expenses as shown in the cost breakdown,and labor,overhead and profit base on an hourly basis. The total contract shall not exceed$212,367.58, unless supplemental agreements are added to the contract. A detailed breakdown of the costs is included. Invoices will be sent monthly and will be based on the costs incurred at the time of billing. lan which considers impacts to this project. This will include several items that will need to be given consideration during the design process to avoid project delays and minimize the requirements for mitigation. More details for the environmental action plan scope of work are included in the attached proposal from Olsson Associates. 12) Perform geotechnical investigation for pavement widening,new north drive out of Horizon West, and at the 156th Street Bridge. More details for the geotechnical services are included in the attached proposal from Kleinfelder. SERVICES PROVIDED BY OTHERS Olsson Associates will prepare the Environmental Action Plan. Kleindelder will perform the geotechnical investigations. Batheja&Associates will provide drainage design and right-of-way design. Proposals detailing the Phase 1 Scope of Work and estimated costs for each of TranSystems'sub consultants is included with this cost proposal. The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any Tran-Systems) Mr. Kirk Pfeffer, P.E. 6 October 30, 2006 We sincerely appreciate the opportunity to work with the City of Omaha on this Project. If you concur with the proposal outlined in this Letter of Agreement, please execute the enclosed extra copy and return it to TranSystems. Unless otherwise instructed by the City of Omaha in writing at the time you return the executed copy of this Letter Agreement, TranSystems will consider the executed Letter Agreement as our notice to proceed. Please let us know if you have any questions or need any further information. Sincerely yours, Raymond erweg, P.E. Vice President ACCEPTANCE { The City of Omaha accepts and agrees to the terms and conditions of the foregoing Letter Agreement. City of Omaha By: Printed Name: Title: Date: Calc-000.xls NT\Exhibit I-ASIP Calc-000.xls • . City of Omaha . 156th Street and West Center Road Intersection Estimate of Costs for Phase 1 Services -Preliminary Design and Environmental Action Plan October 30, 2006 Submitted By: TranSystems Estimate of Hours Proj. Senior Junior CADD Party Task Man. Eng./RLS Eng. Des/Tech Chief Rodman Clerical Total 1) Preliminary Field Surveys 2 8 48 32 2 92 2) Develop Alignments 8 16 12 36 ' 3) Develop Lane Configurations 4 24 8 12 48 4) Preliminary Design Typicals 8 16 32 56 Aerials 2 4 32 38 r Construction and Removal 20 60 120 200 Geometrics 32 60 40 132 . Cross Sections 24 40 60 124 Bridge TS&L 16 16 16 48 5) Railroad 20 16 252 120 2 410 6) Progress Meetings 40 60 20 4 124 7) Public Meeting 24 32 40 32 8 136 8) Utility Coordination 8 16 8 2 34 9) Cost Estimate 8 16 16 40 10) Coordinate with Batheja 4 8 8 2 22 • 11) Coordinate with Olsson 4 16 4 2 26 12) Coordinate with Kleinfelder 4 8 8 2 22 Project Management 24 8 32 } j Total 134 306 548 520 48 32 32 1620 Note:A detailed description of work to be performed for each of the above tasks is provided in the Scope of Services 1 Estimate of Costs Hours Rate Total Project Manager 134 $52.50 $7,035.00 Senior Engineer 306 $42.00 $12,852.00 Junior Engineer 548 $29.00 $15,892.00 CADD Designer/Technician 520 $24.00 $12,480.00 Party Chief 48 $21.00 $1,008.00 Rodman 32 $14.00 $448.00 Clerical 32 $20.00 $640.00 Total 1620 $50,355.00 Total Labor $50,355.00 Overhead(154.12%) $77,607.13 Subtotal $127,962.13 Fee(12%) $15,355.46 Subtotal $143,317.58 Diriect Expenses: Total Mileage 150 miles $0.44/mile $66.00 Misc. Expenses $500.00 Olsson Associates $12,300.00 Kleinfelder $21,120.00 Batheja&Associates $35,064.00 $69,050.00 TOTAL AMOUNT $212,367.58 nd minimize the requirements for mitigation. More details for the environmental action plan scope of work are included in the attached proposal from Olsson Associates. 12) Perform geotechnical investigation for pavement widening,new north drive out of Horizon West, and at the 156th Street Bridge. More details for the geotechnical services are included in the attached proposal from Kleinfelder. SERVICES PROVIDED BY OTHERS Olsson Associates will prepare the Environmental Action Plan. Kleindelder will perform the geotechnical investigations. Batheja&Associates will provide drainage design and right-of-way design. Proposals detailing the Phase 1 Scope of Work and estimated costs for each of TranSystems'sub consultants is included with this cost proposal. The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any C-17:--L-A OLSSON ASSOCIATES LETTER AGREEMENT FOR PROFESSIONAL SERVICES September 25, 2006 Mr. Ray Herweg, P.E. TranSystems Corp. 16934 Frances Street, Suite 100 Omaha, NE 68130 Re: AGREEMENT FOR PROFESSIONAL SERVICES 156th St &West Center Road "Project" Omaha, Nebraska Dear Mr. Herweg: It is our understanding that TranSystems Corp. ("Client") requests Olsson Associates ("OA") to perform the following services pursuant to the terms of this Letter Agreement, OA's General Provisions and any exhibits attached thereto (hereinafter"the Agreement")for the Project. 1. OA has acquainted itself with the information provided by Client relative to the Project and based upon such information offers to provide the services described below for the Project. Client warrants that it is either the legal owner of the property to be improved by this Project or that Client is acting as the duly authorized agent of the legal owner of such property. Client acknowledges that it has reviewed the General Provisions (and any exhibits attached thereto), which are expressly made a part of and incorporated into this Agreement by this reference. In the event of any conflict or inconsistency between this Agreement and the General Provisions regarding the services to be performed by OA, the requirements of this Agreement shall take precedence. 2. OA shall provide Client all Basic Services for the Project as more specifically described in Exhibit A hereto. Should Client request work not described and included in the above Description of Basic Services, such as Additional Services, OA shall invoice Client for such services on the basis of Salary Costs times a factor of 2.5 for services rendered by our principals and employees engaged directly on the Project plus Reimbursable Expenses, unless otherwise agreed to by both parties. OA shall not commence work on Additional Services without Client's prior approval in writing. OA agrees to provide all of its services in a timely, competent and professional manner, in accordance with applicable standards of care, for projects of similar geographic location, quality and scope. 1111 Lincoln Mall,Suite 111 Page 1 of 3 P.O.Box 84608 TEL 402.474.6311 Lincoln,NE 68501-4608 Fax 402.474.5160 www.oaconsulting.com $21,120.00 Batheja&Associates $35,064.00 $69,050.00 TOTAL AMOUNT $212,367.58 nd minimize the requirements for mitigation. More details for the environmental action plan scope of work are included in the attached proposal from Olsson Associates. 12) Perform geotechnical investigation for pavement widening,new north drive out of Horizon West, and at the 156th Street Bridge. More details for the geotechnical services are included in the attached proposal from Kleinfelder. SERVICES PROVIDED BY OTHERS Olsson Associates will prepare the Environmental Action Plan. Kleindelder will perform the geotechnical investigations. Batheja&Associates will provide drainage design and right-of-way design. Proposals detailing the Phase 1 Scope of Work and estimated costs for each of TranSystems'sub consultants is included with this cost proposal. The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any SCHEDULE FOR OA'S SERVICES 3. Unless otherwise agreed, OA would expect to begin performing its services under this Agreement promptly upon your signing. COMPENSATION 4. Client shall pay to OA for the performance of the Basic Services the actual time of personnel performing such Services on the basis of Salary Costs times a factor of 2.5 for services rendered by our principals and employees engaged directly on the Project plus Reimbursable Expenses, unless otherwise agreed to by both parties. Reimbursable expenses will be invoiced in accordance with the Schedule contained in the General Provisions attached to this Letter Agreement. OA's Basic Services will be provided on a time and expense basis not to exceed $12,300. REIMBURSABLE EXPENSE: OA's reimbursable expenses for this Project are included in the fixed fee set forth in Paragraph 4 above. These financial arrangements are proposed with the assumption OA's bills will be paid promptly and the Project will progress orderly and continuously. Client agrees to pay OA the amounts due for services rendered and expenses incurred pursuant to the terms of this Agreement within thirty (30) days after OA has provided its invoice for such services. In the event Client disputes any invoice item, Client shall give OA written notice of such disputed item within fifteen (15) days after receipt of such invoice and shall pay to OA the undisputed portion of the invoice according to the provisions hereof. If Client fails to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate of thirteen percent (13%) per annum from the date due until paid according to the provisions of this Agreement. Interest shall not be charged on any disputed invoice item which is finally resolved in Client's favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. TERMS AND CONDITIONS OF SERVICE 5. We have discussed with you the risks, rewards and benefits of the Project and our fees for services. The risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, OA's total liability to the Client for any and all injuries, claims, losses, expenses, damages, or claims expenses of any kind arising from any services provided by or through us under this Agreement, shall not exceed the total amount of OA's fees earned under this Agreement. Client acknowledges that such causes include, but are not limited to, OA's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. 6. The Agreement represents the entire understanding between Client and OA with respect to the Project and may only be modified in writing signed by both parties. 7. If this proposal satisfactorily sets forth your understanding of our agreement, please sign the Letter Agreement in the space provided (indicating Client's designated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any • 8. By signing below, you acknowledge that you have full authority to bind Client to this agreement. OLSSON ASSOCIATES By rByCrae Uoan Darling, Ph.D. 6 If you are in agreement with the preceding proposal, please sign: TranSystems Corp. "Client" By Title Dated: If different from above, Client's Designated Project Representative G:Wdmin\TEAMS\OES\Letter Agreements Sent\wetlands\TranSystems_Ltr Agree_0906.doc Page 3 of 3 . Please let us know if you have any questions or need any further information. Sincerely yours, Raymond erweg, P.E. Vice President ACCEPTANCE { The City of Omaha accepts and agrees to the terms and conditions of the foregoing Letter Agreement. City of Omaha By: Printed Name: Title: Date: Calc-000.xls NT\Exhibit I-ASIP Calc-000.xls KLEINFELDER An employee owned company — October 27,2006 Patrick W. Kastl,P.E., Senior Project Engineer TranSystems 16934 Frances, Suite 100 Omaha,NE 68130 RE: Proposal for Geotechnical Engineering Services 156th Street and West Center Road Project Omaha,NE OMA6P 110 Dear. Mr. Kastl: This letter presents the proposal for Kleinfelder to provide a geotechnical investigation for the above- referenced project. We prepared this proposal based on information obtained from you and meeting with the City of Omaha. This proposal describes the scope of work, the cost of our services, the time schedule, important assumptions and limitations,and the terms of agreement. Kleinfelder is committed to providing quality service to its clients, commensurate with their wants, needs and desired level of risk. If a portion of this proposal does not meet your needs,or if those needs have changed, Kleinfelder stands ready to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications such as changes in scope, methodology, scheduling, and contract terms and conditions may result in changes to the risks assumed by the client, as well as adjustments to our fees. PROJECT DESCRIPTION The proposed project is expected to consist of the widening and improvement of the intersection and approaches of 156th Street and West Center Road. Project elements include the possible reconstruction or addition to the bridge on 156th street south of West Center Road on Papio Creek, reconfiguration or addition to entrances to the Horizons West facility and pavement construction along both 156th street and West Center Road. SCOPE OF SERVICES To assist you in the design of the project, we propose to provide our geotechnical services in about the following manner: • 1. We propose to review available geotechnical data obtained at the site by others. 2. We propose to drill four borings to a depth of 80 feet or the bedrock surface near the 156th OMA6P110 ®2006 Kleinfelder KLEINFELDER 9312 G Court,Omaha, NE 68127 (402)3.31-2260 )402)331-2346 fax fullest extent permitted by law, OA's total liability to the Client for any and all injuries, claims, losses, expenses, damages, or claims expenses of any kind arising from any services provided by or through us under this Agreement, shall not exceed the total amount of OA's fees earned under this Agreement. Client acknowledges that such causes include, but are not limited to, OA's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. 6. The Agreement represents the entire understanding between Client and OA with respect to the Project and may only be modified in writing signed by both parties. 7. If this proposal satisfactorily sets forth your understanding of our agreement, please sign the Letter Agreement in the space provided (indicating Client's designated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any { • Proposal for Geotechnical Engineering Services 156th Street and West Center Road Omaha,NE Page 2 Street bridge alignment.. One boring will be drilled at each proposed abutment location and each of the two proposed pier locations to identify important subsurface conditions underlying the bridge site. We plan to obtain samples of soil using a standard 2-inch OD split-barrel sampler driven with standard penetration energy or a 3-inch OD thin-walled sampler. Samples are planned at 2.5-foot intervals to a depth of 10 feet and at 5-foot intervals thereafter. We plan to backfill the borings with the auger cuttings or sand and to patch the bridge deck and approach pavement as appropriate. We will set up the signs at the beginning of each workday and take the signs down at the end of each workday. 3. We propose to drill one boring to a depth of 10 to 12 feet at each of the proposed new entrance additions to the Horizons West facility. We plan to drill on the shoulder of the roadway. We plan to obtain samples of soil using 3-inch OD thin-walled tubes. Samples are planned at 2.5-foot depth intervals. We plan to backfill the borings with the remaining auger cuttings. 4. We propose to drill about 40 borings to a depth of about 5 to 10 feet at select location - throughout the project area to obtain information regarding subsurface soils to facilitate pavement design. We plan to drill on the shoulder of the roadway or through existing pavement when needed. At 4 locations, two on Highway 275 and two on 156th street/Bob Boozer Drive, we will core the paved surface to provide information regarding pavement depths as well as to provide information about the subgrade. During drilling on the roadway areas, or next to the roadways we will provide traffic control. We plan to obtain samples of soil from auger cuttings. We plan to backfill the borings with the remaining auger cuttings. 5. We propose to run laboratory tests on selected soil samples from the borings to help L evaluate pertinent soil properties for our analyses. Testing is expected to include water content,Atterberg limits,unconfined compressive tests, consolidations and gradations. 6. We will present the pertinent field and laboratory data and our conclusions and recommendations for bridge design (including bridge foundation recommendations), entrance design and pavement design in an engineering report. 7. We will provide up to 12 hours of engineer consultation with your engineers during design to assist them in applying our findings to specific design issues and to review the contract documents for conformance with our geotechnical recommendations. FEES Based on the above scope of work, we will charge a lump-sum fee of $21,120.00. The following breakdown summarizes the principle components of our lump sum fee: OMA6P110 02006 Kleinfelder KLEINFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any Proposal for Geotechnical Engineering Services 156a1 Street and West Center Road Omaha,NE Page 3 Field Investigation $12,900.00 Traffic Control(assumes 4 days) $ 1,500.00 Laboratory Testing $ 1,800.00 Engineering/Report Preparation $ 3,600.00 Post-report Consultation and Plan/Spec. Review $ 1,320.00 Total $21,120.00 We will submit invoices on a monthly basis. This offer is valid for a period of 60 days from the date of this proposal. If any significant changes are made in the location or proposed construction as previously described, or if the subsurface conditions encountered are significantly different from those anticipated, additional study and analyses including more or deeper field explorations may be required. Any work required beyond the scope of that proposed above will be undertaken only after receiving your prior authorization and after an adjustment has been made to our fee to cover the additional work. The attached Master Services Agreement is valid for this proposal. Permission to access this project site will be arranged by your firm. SCHEDULE Preliminary information will be presented orally as soon as it becomes available following receipt of notice-to-proceed. A finished report will be prepared within about 2 weeks after completion of the field work,provided that the necessary design information is available. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or require additional information,please contact the undersigned. Respectfully submitted, KLEIINFEL k Fraser,P.G. Area Manager Attachment: Kleinfelder Master Services Agreement and Work Order OMA6P110 ®2006 Kleinfelder KLEINFELDER 9312 G Court,Omaha, NE 68127 (402)331-2260 (402)331-2346 fax 1 borings with the remaining auger cuttings. 5. We propose to run laboratory tests on selected soil samples from the borings to help L evaluate pertinent soil properties for our analyses. Testing is expected to include water content,Atterberg limits,unconfined compressive tests, consolidations and gradations. 6. We will present the pertinent field and laboratory data and our conclusions and recommendations for bridge design (including bridge foundation recommendations), entrance design and pavement design in an engineering report. 7. We will provide up to 12 hours of engineer consultation with your engineers during design to assist them in applying our findings to specific design issues and to review the contract documents for conformance with our geotechnical recommendations. FEES Based on the above scope of work, we will charge a lump-sum fee of $21,120.00. The following breakdown summarizes the principle components of our lump sum fee: OMA6P110 02006 Kleinfelder KLEINFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any u BATHEJA& ASSOCIATES, INC. Architects and.Engineers October 27, 2006 Mr. Ray Herweg TranSystems 16934 Frances Street Suite 100 Omaha, NE. 68130 RE: 156th &West Center Road Intersection Improvements Omaha Nebraska Engineering Services Fee Proposal Dear Mr. IHerweg: Batheja & Associates, Inc. would be pleased to perform the Storm Drainage and Right of Way design services for the 156th & West Center Road Improvements. The following represents our scope of work for these services: Storm Drainage Design: Our firm will provide preliminary storm sewer design which includes determining the drainage areas and associated runoff; assessing the current drainage system; developing a layout for storm inlets and structures; and designing a pipe network and preliminary pipe sizes. We will provide plan drawings of the preliminary storm drainage system with structures and pipe sizes labeled. Right-of-Way Design: Our firm will review the existing drawings and title research. We will develop the right-of-way strip map indicating property boundaries and ownership. We will develop right-of-way and easement requirements based upon the improvements and show them on the strip map. We will develop tract maps of each property requiring a row taking or easement ant provide a legal description of the row or easement. We will provide narrative to be included in the Preliminary Report discussing the storm drainage and right-of-way design issues. Our fee for these services is $35,064.00. For additional information see the attached breakdown of manhours per task and fee proposal. 4822 Dodge Street • Omaha,Nebraska 68132-3163 • (402)551-8353 • FAX(402)551-3906 d Work Order OMA6P110 ®2006 Kleinfelder KLEINFELDER 9312 G Court,Omaha, NE 68127 (402)331-2260 (402)331-2346 fax 1 borings with the remaining auger cuttings. 5. We propose to run laboratory tests on selected soil samples from the borings to help L evaluate pertinent soil properties for our analyses. Testing is expected to include water content,Atterberg limits,unconfined compressive tests, consolidations and gradations. 6. We will present the pertinent field and laboratory data and our conclusions and recommendations for bridge design (including bridge foundation recommendations), entrance design and pavement design in an engineering report. 7. We will provide up to 12 hours of engineer consultation with your engineers during design to assist them in applying our findings to specific design issues and to review the contract documents for conformance with our geotechnical recommendations. FEES Based on the above scope of work, we will charge a lump-sum fee of $21,120.00. The following breakdown summarizes the principle components of our lump sum fee: OMA6P110 02006 Kleinfelder KLEINFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any • Thank you for the opportunity to submit this proposal. If you need any additional information or have any questions, please call me at your earliest convenience. Sincerely, BATHEJA&ASSOCIATES, INC. %JL1 William J. Glismann, P.E. Associate Corp. "Client" By Title Dated: If different from above, Client's Designated Project Representative G:Wdmin\TEAMS\OES\Letter Agreements Sent\wetlands\TranSystems_Ltr Agree_0906.doc Page 3 of 3 . Please let us know if you have any questions or need any further information. Sincerely yours, Raymond erweg, P.E. Vice President ACCEPTANCE { The City of Omaha accepts and agrees to the terms and conditions of the foregoing Letter Agreement. City of Omaha By: Printed Name: Title: Date: Calc-000.xls NT\Exhibit I-ASIP Calc-000.xls 10/27/2006 FEE BREAKDOWN BATHEJA& ASSOCIATES, INC. City of Omaha-Department of Administrative Services 156th&West Center Road Intersection SALARY EXPENSES Classification Manhours Rate Cost Principal 10 X $150.00 $1,500.00 Professional Engineer 192 X $106.00 $20,352.00 EIT 64 X $83.00 $5,312.00 Civil Technician 120 X $65.00 $7,800,00 Subtotal Sa ary Expenses $34,964.00 NON-SALARY EXPENSES Mileage and Misc Expenses $100.00 Subtota Non-Salary Expenses $100.00 'TOTAL PROPOSAL COST $35,064.00 IL { The City of Omaha accepts and agrees to the terms and conditions of the foregoing Letter Agreement. City of Omaha By: Printed Name: Title: Date: Calc-000.xls NT\Exhibit I-ASIP Calc-000.xls Y i4 s 10/27/2006 TASK AND MANHOURS BREAKDOWN BATHEJA&ASSOCIATES, INC. City of Omaha-Public Works Department 156th &West Center Road Intersection i. Description of Work Items/Tasks Prin. PE EIT Civil Tech Total Project Management 10 0 0 0 10 Field Investigation (2 Trips) 0 4 8 0 12 Review Meetings with City(3 Meetings) 0 9 0 0 9 Joint Meetings with City& Other Agencies 0 9 0 0 9 (1 Meeting each with NDOR, NRD, UPRR) Public Information Meeting 0 4 0 0 4 Utility Coordination Meetings(2 Meetings) 0 6 0 0 6 Coordination Meetings with TranSystems(5) 0 10 0 0 10 Storm Sewer Design Hydrology/Inlet Locations and Pipe Sizing 0 56 16 0 72 Storm Drain Plan Drawings 0 8 20 48 76 Right of Way Design Review of Titles and Properties on Topo Drawing 0 12 4 0 16 Preliminary ROW and Easement Takings 0 24 0 0 24 ROW Strip Map Drawings 0 2 16 32 50 ROW Tract Map and Legal Description 0 32 0 40 72 Phase I Design Report- Drainage& ROW Narratives 0 8 0 0 8 Quantities/Cost Estimate 0 8 0 0 8 TOTAL MANHOURS 10 192 64 120 386 i tion see the attached breakdown of manhours per task and fee proposal. 4822 Dodge Street • Omaha,Nebraska 68132-3163 • (402)551-8353 • FAX(402)551-3906 d Work Order OMA6P110 ®2006 Kleinfelder KLEINFELDER 9312 G Court,Omaha, NE 68127 (402)331-2260 (402)331-2346 fax 1 borings with the remaining auger cuttings. 5. We propose to run laboratory tests on selected soil samples from the borings to help L evaluate pertinent soil properties for our analyses. Testing is expected to include water content,Atterberg limits,unconfined compressive tests, consolidations and gradations. 6. We will present the pertinent field and laboratory data and our conclusions and recommendations for bridge design (including bridge foundation recommendations), entrance design and pavement design in an engineering report. 7. We will provide up to 12 hours of engineer consultation with your engineers during design to assist them in applying our findings to specific design issues and to review the contract documents for conformance with our geotechnical recommendations. FEES Based on the above scope of work, we will charge a lump-sum fee of $21,120.00. The following breakdown summarizes the principle components of our lump sum fee: OMA6P110 02006 Kleinfelder KLEINFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any • Tra n S stems > 16934 Frances Street Suite 100 Omaha NE 68130 Tel 402 895 5400 Fax 402 895.3500 www.transystems.com March 26,2008 Kirk Pfeffer, P.E. Design Engineer Public Works Department City of Omaha 1819 Farnam Street,Suite 600 Omaha, NE 68183 Re: Supplemental Cost Proposal for Splitting Project 1561h Street and West Center Road Intersection Improvements OPW 51134 Dear Kirk: TranSystems is submitting this proposal to provide supplemental professional engineering services for the City of Omaha on the above referenced project. At a meeting on January 28,2008,TranSystems was told that this project would be split into two projects. The 156th Street and Bob Boozer Drive portion of this project would be let as one project in September 2008 and the West Center Road portion would be let at a later date. Separating this project will require dividing and modifying the plan set. The attached estimate includes a breakdown of the plan modifications. It also includes time for resolving the treatment of the existing UPRR signal structures on West Center Road. We have submitted three alternatives on the treatments and will wait to incorporate them in to the plans until the City and the UPRR come to an agreement. Separate bid documents will have to be prepared for both projects. This proposal does allow for two additional meetings and additional utility coordination. Final plans will be submitted for your review by the end of April. TranSystems appreciates this opportunity to provide professional engineering services to the City of Omaha. Please feel free to call me if you have any questions regarding this proposal. Thank you. Sincerely yours, TRANSY TEMS A42:. /ee / ark W. Shafer, P.E. Patrick W. Kastl, P.E. Vice President Project Manager cX .r81 4 L evaluate pertinent soil properties for our analyses. Testing is expected to include water content,Atterberg limits,unconfined compressive tests, consolidations and gradations. 6. We will present the pertinent field and laboratory data and our conclusions and recommendations for bridge design (including bridge foundation recommendations), entrance design and pavement design in an engineering report. 7. We will provide up to 12 hours of engineer consultation with your engineers during design to assist them in applying our findings to specific design issues and to review the contract documents for conformance with our geotechnical recommendations. FEES Based on the above scope of work, we will charge a lump-sum fee of $21,120.00. The following breakdown summarizes the principle components of our lump sum fee: OMA6P110 02006 Kleinfelder KLEINFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any City of Omaha • 156th Street and West Center Road Intersection Supplement for Splitting Project 26-Mar-08 • • Estimate of Hours • Proj. Senior CADD • Task Man, Eng. Designer Clerical Total 1) Plans _ Typicals 4 4 8 Geometrics 6 6 12 Construction and Removal 8 16 • 24 Cross Sections 4 4 8 Phasing&Traffic Control 12 16 28 Permanent Striping& Signing 4 4 8 UPRR Sructure Treatment 12 16 28 2) Meetings 4 4 3) Construction Bid Documents 8 20 4 16 48 4) Utility Coordination 8 8 16 • Total 12 78 78 16 184 • Estimate of Costs Hours Rate Total Project Manager 12 $48.00 $576.00 Senior Engineer 78 $48.00 $3,744.00 CADD Designer/Technician 78 $29.00 $2,262.00 Clerical 16 • $20.00 $320.00 Total 184 $6,902.00 Total Labor $6,902.00 Overhead(154.12%) $10,637,36 Subtotal $17,539.36 Fee(12%) $2,104.72 Subtotal $19,644.09 Direct Expenses: Total Mileage 40 miles $0.50/mile $20.00 M isc.Expenses $300.00 $320.00 • TOTAL AMOUNT $19,964.09 etings and additional utility coordination. Final plans will be submitted for your review by the end of April. TranSystems appreciates this opportunity to provide professional engineering services to the City of Omaha. Please feel free to call me if you have any questions regarding this proposal. Thank you. Sincerely yours, TRANSY TEMS A42:. /ee / ark W. Shafer, P.E. Patrick W. Kastl, P.E. Vice President Project Manager cX .r81 4 L evaluate pertinent soil properties for our analyses. Testing is expected to include water content,Atterberg limits,unconfined compressive tests, consolidations and gradations. 6. We will present the pertinent field and laboratory data and our conclusions and recommendations for bridge design (including bridge foundation recommendations), entrance design and pavement design in an engineering report. 7. We will provide up to 12 hours of engineer consultation with your engineers during design to assist them in applying our findings to specific design issues and to review the contract documents for conformance with our geotechnical recommendations. FEES Based on the above scope of work, we will charge a lump-sum fee of $21,120.00. The following breakdown summarizes the principle components of our lump sum fee: OMA6P110 02006 Kleinfelder KLEINFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any SUPPLEMENTAL AGREEMENT No. 2 CITY OF OMAHA TRANSYSTEMS PROJECT NO. S-38-7(1008) INTERSECTION OF 156TH STREET AND WEST CENTER ROAD CONTROL NO.20137E THIS SUPPLEMENTAL AGREEMENT, made and entered into by and between the City of Omaha, hereinafter referred to as the"City,"and TranSystems,hereinafter referred to as the "Consultant." WHEREAS,the Consultant and City entered into an agreement executed by the Consultant on November 16,2006 and by the City on January 9,2007, hereinafter referred to as the"Original Agreement,"which provided for preliminary engineering services and WHEREAS, it is necessary that work not contemplated in the Original Agreement be added under this supplemental agreement,and WHEREAS, it is necessary to increase the Consultant's compensation by this supplemental agreement for the additional work necessary to complete the project. NOW THEREFORE, in consideration of these facts,the Consultant and City agree as follows: SECTION 1. The Consultant will perform the additional work stipulated in EXHIBIT"A",which is attached and hereby made a part of this supplemental agreement. SECTION 2. The Consultant will complete all work stipulated in the Original Agreement,and this supplemental agreement by August 1,2008. SECTION 3. For the work required, Section 5 of the Original Agreement is hereby amended and the fixed-fee-for-profit is increased from$36,196.58 to$38,301.30,an increase of$2,104.72. Actual costs are increased from$310,457.69 to$317,359.69,an increase of$6,902.00. The total agreement amount is increased from$448,732.91 to$468,697.00,an increase of $19,964.09 which the Consultant must not exceed without the prior written approval of the City. SECTION 4. The Consultant will be paid the additional fee on the same terms stipulated in the Original Agreement and, except as specifically amended by this supplemental agreement.All terms and conditions of the Original Agreement will remain in full force and effect. cX .r81 4 L evaluate pertinent soil properties for our analyses. Testing is expected to include water content,Atterberg limits,unconfined compressive tests, consolidations and gradations. 6. We will present the pertinent field and laboratory data and our conclusions and recommendations for bridge design (including bridge foundation recommendations), entrance design and pavement design in an engineering report. 7. We will provide up to 12 hours of engineer consultation with your engineers during design to assist them in applying our findings to specific design issues and to review the contract documents for conformance with our geotechnical recommendations. FEES Based on the above scope of work, we will charge a lump-sum fee of $21,120.00. The following breakdown summarizes the principle components of our lump sum fee: OMA6P110 02006 Kleinfelder KLEINFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any IN WITNESS WHEREOF,the Consultant and City have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the Consultant on f'( ' ,2008. ATTEST: VI PRESID T EXECUTED by the City on /17 / ,2008. CITY OF OMAHA ATIMST8 )1%4.04..4 d-a14-42,. 8u er Bro m, ity Ciork Mayor 9�TOnik2n l ASSISTANT CITY ATTORNEY STATE OF NEBRASKA DEPARTMENT OF ROADS Approved as to Form James J. Knott, P.E. Roadway Design Engineer Date Project No. S-38-7(1008) -2- Control No. 20137E Intersection of 156th Street&West Center Road the foregoing Letter Agreement. City of Omaha By: Printed Name: Title: Date: Calc-000.xls NT\Exhibit I-ASIP Calc-000.xls SUPPLEMENTAL AGREEMENT No. 2 CITY OF OMAHA TRANSYSTEMS PROJECT NO. S-38-7(1008) INTERSECTION OF 156TH STREET AND WEST CENTER ROAD CONTROL NO. 20137B THIS SUPPLEMENTAL AGREEMENT, made and entered into by and between the City of Omaha, hereinafter referred to as the "City," and TranSystems, hereinafter referred to as the "Consultant." WHEREAS, the Consultant and City entered into an agreement executed by the Consultant on November 16, 2006 and by the City on January 9, 2007, hereinafter referred to as the "Original Agreement," which provided for preliminary engineering services and WHEREAS, it is necessary that work not contemplated in the Original Agreement be added under this supplemental agreement, and WHEREAS, it is necessary to increase the Consultant's compensation by this supplemental agreement for the additional work necessary to complete the project. NOW THEREFORE, in consideration of these facts, the Consultant and City agree as follows: SECTION 1. The Consultant will perform the additional work stipulated in EXHIBIT "A", which is attached and hereby made a part of this supplemental agreement. SECTION 2. The Consultant will complete all work stipulated in the Original Agreement, and this supplemental agreement by August 1, 2008. SECTION 3. For the work required, Section 5 of the Original Agreement is hereby amended and the fixed-fee-for-profit is increased from $36,196.58 to $38,301.30, an increase of $2,104.72. Actual costs are increased from $310,457.69 to $317,359.69, an increase of $6,902.00. The total agreement amount is increased from $448,732.91 to $468,697.00, an increase of $19,964.09 which the Consultant must not exceed without the prior written approval of the City. SECTION 4. The Consultant will be paid the additional fee on the same terms stipulated in the Original Agreement and, except as specifically amended by this supplemental agreement. All terms and conditions of the Original Agreement will remain in full force and effect. and effect. cX .r81 4 L evaluate pertinent soil properties for our analyses. Testing is expected to include water content,Atterberg limits,unconfined compressive tests, consolidations and gradations. 6. We will present the pertinent field and laboratory data and our conclusions and recommendations for bridge design (including bridge foundation recommendations), entrance design and pavement design in an engineering report. 7. We will provide up to 12 hours of engineer consultation with your engineers during design to assist them in applying our findings to specific design issues and to review the contract documents for conformance with our geotechnical recommendations. FEES Based on the above scope of work, we will charge a lump-sum fee of $21,120.00. The following breakdown summarizes the principle components of our lump sum fee: OMA6P110 02006 Kleinfelder KLEINFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any • IN WITNESS WHEREOF, the Consultant and City have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the Consultant on G6/ , 2008. ATTEST: 7 VI PRESID T EXECUTED by the City on /17 // , 2008. CITY OF OMAHA ATTSSTa or grown, ity Clerk Mayor p5v2 TOZU:2 Pylztekg ASSISTANT CITY ATTOR EY STATE OF NEBRASKA DEPARTMENT OF ROADS Approved as to Form James J. Knott, P.E. Roadway Design Engineer Q Date Project No. S-38-7(1008) - 2 - Control No. 20137B Intersection of 156th Street & West Center Road t. City of Omaha By: Printed Name: Title: Date: Calc-000.xls NT\Exhibit I-ASIP Calc-000.xls C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, attached is a Professional Services Agreement with TranSystems Corporation to provide preliminary engineering and environmental evaluation services for the 156' Street and West Center Road intersection improvements; and, WHEREAS, this project is in the 2007-2012 Capital Improvement Program as Project No. 408; and, WHEREAS, TranSystems has agreed to perform the engineering work detailed in the attached Agreement, which by this reference becomes a part hereof, for the sum of $212,367.58; and, WHEREAS, the costs will be paid from the 2006 Transportation Bond Fund 13182, 2007 Issue Transportation Bonds Organization 117112. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Professional Services Agreement with TranSystems Corporation to provide preliminary engineering and environmental evaluation services for the 156th Street and West Center Road intersection improvements, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay in the amount of$212,367.58 from the 2006 Transportation Bond Fund 13182, 2007 Issue Transportation Bonds Organization 117112 for these services. APPROVED AS TO FORM: P:\PW 1\16836maf.doc CITY ATTORNEY DATE ByAD400,- 11, �./ ✓!� ^" .. 'Councilmember Adopted JAN _w 9 1007 . �o--0 {- - City Clerk Approved.bl '/"%7 Mayor 09 which the Consultant must not exceed without the prior written approval of the City. SECTION 4. The Consultant will be paid the additional fee on the same terms stipulated in the Original Agreement and, except as specifically amended by this supplemental agreement. All terms and conditions of the Original Agreement will remain in full force and effect. and effect. cX .r81 4 L evaluate pertinent soil properties for our analyses. Testing is expected to include water content,Atterberg limits,unconfined compressive tests, consolidations and gradations. 6. We will present the pertinent field and laboratory data and our conclusions and recommendations for bridge design (including bridge foundation recommendations), entrance design and pavement design in an engineering report. 7. We will provide up to 12 hours of engineer consultation with your engineers during design to assist them in applying our findings to specific design issues and to review the contract documents for conformance with our geotechnical recommendations. FEES Based on the above scope of work, we will charge a lump-sum fee of $21,120.00. The following breakdown summarizes the principle components of our lump sum fee: OMA6P110 02006 Kleinfelder KLEINFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any pc J C . .�3 •�• : CD AD Ao CD cn CD o� �* `� O0 0 CD CD O = c A AD 00 O P a ' d .•-i CD O • 0 _V z CD zi q�� nAD CD � 59 v e t c� n �- n 1 n 1— o 'O.s O N v CD 0 CD T p n R W v 6 O O C p (7 0 fl4 Ic 1 \ 1 cr Cif 0 . 0 NN C O•- ,-' C k. () 0 Cr+ CD ~• 7�. O CD =- _� -- V4 N 0 0 0 CAD n O N N N �' r' 0 0 cD '. O O`C _ �• AD .�' ;• �•`C O 0 0 ,-•• 0 O. 0 �1 CT = CD ¢ r�-� 0 • • / ...Y k ering and environmental evaluation services for the 156th Street and West Center Road intersection improvements, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay in the amount of$212,367.58 from the 2006 Transportation Bond Fund 13182, 2007 Issue Transportation Bonds Organization 117112 for these services. APPROVED AS TO FORM: P:\PW 1\16836maf.doc CITY ATTORNEY DATE ByAD400,- 11, �./ ✓!� ^" .. 'Councilmember Adopted JAN _w 9 1007 . �o--0 {- - City Clerk Approved.bl '/"%7 Mayor 09 which the Consultant must not exceed without the prior written approval of the City. SECTION 4. The Consultant will be paid the additional fee on the same terms stipulated in the Original Agreement and, except as specifically amended by this supplemental agreement. All terms and conditions of the Original Agreement will remain in full force and effect. and effect. cX .r81 4 L evaluate pertinent soil properties for our analyses. Testing is expected to include water content,Atterberg limits,unconfined compressive tests, consolidations and gradations. 6. We will present the pertinent field and laboratory data and our conclusions and recommendations for bridge design (including bridge foundation recommendations), entrance design and pavement design in an engineering report. 7. We will provide up to 12 hours of engineer consultation with your engineers during design to assist them in applying our findings to specific design issues and to review the contract documents for conformance with our geotechnical recommendations. FEES Based on the above scope of work, we will charge a lump-sum fee of $21,120.00. The following breakdown summarizes the principle components of our lump sum fee: OMA6P110 02006 Kleinfelder KLEINFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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. PBE/DBE Doc 12/5/02 he City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any