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RES 2005-0600 - Agmt with HDR Engineering Inc for improvements to W Center Rd between 148th St and US Hwy 275 0 e ,C.44W *,� RECEIVED Public Works Department Omaha/Douglas Civic Center r. > _ 1819 Famam Street,Suite 601 l 4., F 05 _ pH tj Omaha,Nebraska 68183-0601 0 r.,4 May 17, 2005 _ (402)444-5220 Fax(402)444-5248 ' "I'l)ri:60'" l.. 16U, nEgt“4s1ci4 Cityof ha Henry Vieregger,P.E. Omaha Mike Fahey,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an agreement with HDR Engineering, Inc. for final engineering design services for West Center Road between 148th Street and US 275. A complete list of the services is detailed in Exhibit"A"of the Agreement. HDR Engineering, Inc. has agreed to perform the services outlined in Exhibit "A" of the Agreement for $111,426.00. The costs incurred will be paid for from the 2000 Street & Highway Bond Fund 13175, Organization 116167. HDR Engineering, Inc. has filed the required Annual Contract Compliance Report Form in the Human Relations Department and Director of Human Relations will review the firm to determine its compliance. The Public Works Department requests your consideration and approval of the attached Resolution and Engineering Agreement. Respectful y submitted, Referred to City Council for Consideration: 7[2 /t. . dric �' 7— ?�05 ie egger, P.E. i•d • Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: r L,_,,s 0..-ck _. Alai,1 oS ,,,,,e( ' / /c C- Carol A. Ebdon 0 Date I Gail Kinsey ThompsonDate Finance Director Human Relations Director P:\PW2\12323pjm.doc • ENGINEERING AGREEMENT CITY OF OMAHA SP 1983-22 PREPARATION OF FINAL ENGINEERING PLANS FOR IMPROVEMENTS ON WEST CENTER ROAD BETWEEN 148th STREET AND US 275 THIS AGREEMENT, made and entered into this / �day of 2005 by and between the firm of HDR Engineering, Inc, a corporation of the Sta of Nebraska, with offices at 8404 Indian Hills Drive, Omaha, Nebraska 68114-4049 and hereinafter referred to as the "Consultant", and the City of Omaha, Nebraska, acting by and through its Mayor, hereinafter, referred to as the "City". WITNESSETH: WHEREAS, the City desires to engage the Consultant to render professional engineering services as hereinafter set forth for the necessary engineering services as required for the preparation of Public Meeting Traffic Study, Final Roadway Design, Final Railroad Track Design,Final Railroad Bridge Design,Environmental Evaluation, and Right-of-Way Design for West Center Road between 148th Street US 275. WHEREAS,the Consultant is willing to perform such engineering work in accordance with the terms hereinafter provided and does represent that he is in compliance with the Nebraska Statutes relating to the registration of Professional Engineers. NOW THEREFORE,in consideration of these facts, the parties hereto agree as follows: I. DEFINITIONS r Wherever in this agreement the following terms are used, or pronouns used in their stead,they shall have the meaning here given: The 'EFFECTIVE DATE" of this agreement shall mean the date mentioned in the first paragraph of this document. "CONSULTANT" or"CONTRACTOR" shall mean HDR Engineering, Inc., whose business and mailing address is 8404 Indian Hills Drive, Omaha,Nebraska 68114-4049. "CITY" shall mean the City of Omaha,Nebraska, and the Mayor of the City of Omaha or his authorized representative. -1- 1 r . To "ABANDON"the work shall mean that a determination has been made by the City that conditions or intentions as originally existed have changed and that the work as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To "SUSPEND"the work shall mean that it has been determined by the City that conditions or intentions as originally existed have changed and that the work as contemplated herein should be ceased on a temporary basis. This cessation or holding in this undetermined state will prevail until such time as a determination can be made to abandon the work or to reinstate under the conditions as defined in this agreement. To "TERMINATE" or the "TERMINATION" of this contract shall be the cessation or quitting of this contract based upon action or failure of action on the part of the Consultant as defined herein and as determined by the City. II. GENERAL DESCRIPTION OF SCOPE AND CONTROL WORK The Consultant shall, upon receipt of the Notice to Proceed from the City, perform all the services required under this agreement for the project described above and as outlined in the attached Exhibit"A", Scope of Services,hereby made a part of this agreement. III. TIME OF BEGINNING AND COMPLETION The Consultant shall begin work on the project upon receipt of written "Notice to Proceed"from the City. A proposed schedule, used as a basis for preparing this work scope, is included in Exhibit "C". Delays not the fault of Consultant shall be justification for a request for extension in the time for completion of the work. Delays grossly affecting the completion of the work within the time specified for completion attributable to or caused by the Consultant or the City shall be considered as cause for termination of this agreement by the other. It is hereby mutually agreed that the City has continuing rights to work progress inspections and any and all additions, deletions, changes,elaboration's or modifications of the services to be performed under the terms of this agreement which may from time to time be determined by the City as desirable or preferable, shall be controlling and governing. IV. ABANDONMENT, CHANGE OF PLAN, SUSPENSION AND TERMINATION -2- The City shall have the absolute right to abandon the project or to change the general scope of work as defined in Section II, at any time. Such action on its part shall in no event be deemed a breach of contract. The right is reserved by the City to suspend this agreement at any time or to terminate for just cause. Such suspension or termination may be affected by giving the Consultant fifteen (15) days written notice. Project suspensions for thirty(30) days or more shall be considered justification for a request to increase Consultant's fee and time for completion. If the City abandons the work or subtracts from the work as presently outlined,the Consultant shall be compensated on the basis of the percentage completion ratio of the net fee shown in Exhibit"B", plus actual costs as defined in Section VI. In determining the percentage of work completed,the City shall consider the work performed by the Consultant to the total amount of work contemplated by this agreement. Additions to the scope of work as defined in Exhibit"A"will require negotiation of a supplemental agreement or agreements. For any work beyond the scope of services outlined by Exhibit"A", the Consultant will be required to document the additional work, estimate the cost to complete said work and obtain written approval from the City before such work begins. V. OWNERSHIP OF ENGINEERING DOCUMENTS All tracings, plans, maps, computations, sketches, charts, computer/digital files and other data prepared or obtained under the terms of this Agreement shall be delivered to and shall become the property of the City without restriction or limitation as to its further use. VI. FEES AND PAYMENTS In consideration of the performance of the Engineering Design Services described in this Agreement,the Consultant shall be paid actual costs plus a fixed fee to a maximum fee of$557,128.00. The maximum fee will consist of a compilation of estimated direct salary costs, direct non-salary costs, indirect salary costs, indirect non- salary costs and direct salary payroll additives, as provided in Exhibit"B"attached. Direct salary costs are defined as direct salaries paid to principals, engineers, technicians, draftsmen and other personnel directly assigned by the Consultant to this project. Direct non-salary costs include,but are not limited to, those costs incurred by the Consultant for travel, subsistence, supplies, reproductions,photography, printing, special equipment and materials required for this project and such other similar items. -3- Indirect salary costs are defined as actual wages paid to all employees, clerical and stenographic, administrative and supervisory of the Consultant for work not directly chargeable to individual contracts. Indirect non-salary costs are all non-salary costs of the Consultant's business operations which are not directly chargeable to individual contracts. The direct salary additives are related costs which are paid by the Consultant such as Social Security and unemployment taxes, wages paid for vacations and holiday,wages paid for sick, military,jury, and other authorized leave, group insurance,pension and so forth. For the purpose of calculating the maximum fee under this Contract, the sum of the indirect additives shall be 1.6089 times the direct salary costs. An amount consisting of 12% of the total sum of direct salary costs plus indirect additives was added for profit. The Consultant shall submit monthly invoices which shall be based on actual costs incurred during the calendar month. The monthly payments shall be based upon the satisfactory prosecution of the work and shall be substantiated by monthly progress reports. The Consultant shall submit a final voucher for the project no later than 30 days after the close of the Consultant's fiscal year during which the project is completed. The acceptance by the Consultant of the final payment shall constitute and operate as a release to the City for all claims and any liability to the Consultant, his representatives and assigns for any and all things done, furnished or relating to the services rendered by the Consultant under or in connection with this Agreement or any part thereof. The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and study activities and shall make such materials available at his office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement; such records to be available for inspection by the City and copies thereof shall be furnished by the Consultant, if required. The Consultant shall be responsible to determine when services are outside the scope of services defined by this agreement. In such event,the Consultant must immediately notify the City in writing. The Consultant shall also be responsible to identify when a change in the work scope necessitates an increase in the maximum fee under this contract. When the Consultant identifies that an increase is in order, he will be required to estimate the additional costs necessary to complete the additional work, document the reasons for this increase and receive prior approval from the City in writing before expenditures beyond the maximum fee amount are incurred. The City shall not be obligated to reimburse the -4- Consultant for costs which have not been approved in excess of the maximum fee amount. VII. FORBIDDING USE OF OUTSIDE AGENTS The Consultant warrants that he has not employed or retained any company or person, other than bona fide employees working for the Consultant, to solicit or secure this Agreement and that he has not paid or agreed to pay any company or person, other than a bona fide employee any fee,commission, percentage,brokerage fee, gift or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to deduct from the Agreement price or consideration, or otherwise,recover the full amount of such fee, commission,percentage,brokerage fee, gift or contingent fee. VIII. RESPONSIBILITY FOR CLAIMS LIABILITY The Consultant agrees to save harmless the City from all Claims and Liability due to the negligent activities of himself, his agents or his employees. In this connection,the Consultant will carry insurance in the following kinds and amounts. 1. Comprehensive Auto $100,000 P.L. $50,000 P.D. Liability 2. Comprehensive General $300,000 P.L. $50,000 P.D. Liability 3. Workmen's Compensation Statutory 4. Professional Liability $1,000,000 The insurance specified above shall be maintained until the Consultant's work has been completed and accepted by the City. The Consultant shall furnish proof of insurance coverage,if requested by the City. It is acknowledged by both parties that Consultant's scope of services does not include services related in any way to hazardous materials. Consultant hereby states, and the City acknowledges, that Consultant does not have professional liability (errors and omissions) or other insurance covering asbestos or pollution claims, that is, insurance for claims or claims expenses arising out of the performance of or failure to perform professional services, including, but not limited, to the preparation of reports, designs, drawings and specifications,related to the investigation, detection, abatement, replacement or removal of parts, materials or processes containing asbestos or relating to the actual, alleged or threatened discharge, dispersal,release or escape of pollutants (defined herein as any solid, liquid, gaseous or thermal irritant or contaminant,including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste), nor is Consultant -5- reasonably able to obtain such coverage. Accordingly, City hereby agrees to bring no claim for negligence,breach of contract, indemnity or otherwise against Consultant, its principles, employees, agents and consultants if such claim in any way would relate to asbestos or pollutants in the PROJECT. IX. NON-RAIDING CLAUSE The Consultant shall not engage the services of any personnel or persons presently in the employ of the City for work covered by this Agreement without the written consent of the employer of such persons. X. GENERAL COMPLIANCE WITH LAWS The Consultant hereby agrees to comply with all Federal, State and Local Laws and ordinances applicable to the work. XI. PROFESSIONAL REGISTRATION AND SUBCONTRACTS The Consultant hereby agrees to affix the seal of a registered professional engineer license to practice in the State of Nebraska on all reports and plans prepared hereunder except for those plans designed by the City. The Consultant agrees to provide these professional services using staff personnel with specialized skills, experience and professional qualifications. Any work subcontracted other than that specifically provided by this Agreement shall first have the written approval of the City. XII. ORGANIZATION CHART The Consultant shall include an Employee Classification chart of all key personnel who will be involved in this project as outlined in this Agreement. Any deviations or revisions in personnel as shown in the project organization chart shall be subject to the prior approval of the City. All personnel revisions or replacements shall be made with people of equal ability and experience, in the opinion of the City, and failure of the Consultant to provide capable replacements to the satisfaction of the City shall be basis for teiuunation of the Contract and the method of Contract settlement shall be as outlined in Section IV. The Employee Classification chart is as shown in Exhibit"B" hereto, and made a part of this Agreement. XIII. ARBITRATION Any disputes between the City and the Consultant not disposed of by this Agreement between the parties may be settled by arbitration as provided by Section 25- 2103 through 25-2120,Nebraska Reissue Revised Statutes of 1943. -6- XIV. FAIR EMPLOYMENT PRACTICES ACT The Consultant agrees to abide by the provisions of the Nebraska Fair Employment Act of 1965, R.R.S. 1943,48-1101 through 48-1125. XV. SUCCESSORS AND ASSIGNS This Agreement shall be binding on successors and assigns of either party. XVI. SUBLETTING, ASSIGNMENT OR TRANSFER Subletting, assignment or transfer of all or part of the interest of the consultant (except as provided) is hereby prohibited unless prior written consent of the other parties is obtained therefore. XVII. NONDISCRIMINATION The Consultant shall not,in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, or disability or political or religious opinions or affiliations in violation of federal or state local ordinances. XVIII. PROJECT SCHEDULE Exhibit"C" attached hereto is incorporated herein as the proposed project schedule. XIX. CERTIFICATION OF CONSULTANT The attached certification, identified as Exhibit"E", shall be completed by an authorized signatory of the Consultant and is hereby made a part of this Agreement. XX. UNEMPLOYMENT COMPENSATION FUND PAYMENTS Before final payment is made by the City to the Consultant of the final three percent (3%) due hereunder,the Consultant shall furnish the City a written clearance from the Commissioner of Labor of the State of Nebraska certifying that all payments due of contributions or interest which may have arisen under this contract have been paid by the Consultant, or its subcontractor to the Unemployment Compensation Fund of the State of Nebraska. -7- XXI. CITY SUPERVISION It is hereby mutually agreed that the City shall have responsible supervision of all the services included herein,but no employee of the Consultant's direction is or shall be deemed to be an employee of the City. The Consultant shall at all times have or cause to have in force Workers Compensation insurance covering all its employees and those of any subcontractor and those of anyone under its direction and control. XXII. PAYMENT FOR SERVICES, MATERIAL AND EQUIPMENT The Consultant agrees to pay all persons, firms or corporations, having contracts directly with the Consultant or with subcontractors of Consultant, all just claims due them for the payment of services, material and equipment furnished and for the payment of material and equipment rental which is actually used or rented in the performance of this contract. XXIII. ASSESSMENT FOR TAXATION Consultant shall comply with, and shall cause to be complied with Section 77- 1323, Reissue Revised Statutes of Nebraska, 1943, as amended and shall furnish a certified statement to be attached to the contract that all equipment to be used on the project, except that acquired since the assessment date, has been assessed for taxation for the current year, giving the County where assessed. During the performance under this contract, additional such statements shall be furnished by the Consultant as may be required by such law or as may be required by the City or its authorized agent. XXIV. AMENDMENTS OR ADDITIONS No amendments or additions shall be made to this Agreement except in writing. Future agreements between the parties must likewise be in writing. XXV. FINANCIAL INTEREST Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. A violation of that section with the knowledge of the Consultant, in addition to constituting employee malfeasance, shall be cause for the City to unilaterally terminate or void this Agreement. XXVI. INCREASE OF FEE The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts for purchases which taken alone increase the original fee as awarded(a)by ten percent, if the original fee is one hundred fifty thousand dollars -8- ($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. XXVII. DRUG-FREE WORKPLACE POLICY The Consultant shall have an acceptable and current drug-free workplace policy on file with the State. XXVIII. STANDARD OF PERFORMANCE The Standard of care for all professional engineering, consulting and related services performed or furnished by the Consultant under this Agreement will be the care and skill ordinarily used by members of the Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. The Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with the Consultants services. XXIX. FEES AND PAYMENTS Upon completion and acceptance of the design services by the City, a final audit, if deemed necessary, of all invoiced amounts will be completed by the City or authorized representative, and the Consultant agrees to furnish the City or authorized representative all necessary documentation for the audit. XXX. CONSTRUCTION ADMINISTRATION SERVICES FOR THE PROJECT Construction Administration Services for West Center Road between 148`h Street and US 275 is not a part of this agreement but may be added by supplemental agreement between the City and the Consultant. -9- IN WITNESS WHEREOF, the parties hereto have caused presents to be executed by their proper officials thereunto duly authorized as to the dates below indicated. EXECUTED by the Consultant this /8 day of AP`': / , 2005. A FIEST: Matthew B. Tondl, Sr. Vice President A EXECUTED by the City this / day of , 2005. /116.Q BY City Clerk 'ACTING M of the City of Omaha APPROVED AS TO FORM: y ttorney -10- EXHIBIT"A" DESCRIPTION OF PROJECT AND SCOPE OF SERVICES FOR PUBLIC MEETING, TRAFFIC STUDY,FINAL ROADWAY DESIGN,FINAL RAILROAD TRACK DESIGN, FINAL RAILROAD BRIDGE DESIGN, ENVIORNMENTAL EVALUATION,AND RIGHT OF WAY DESIGN FOR WEST CENTER ROAD BETWEEN 148TH STREET AND US 275 1 DESCRIPTION OF PROJECT AND SCOPE OF SERVICES CITY OF OMAHA PROJECT SP 1983-22 FINAL DESIGN FOR IMPROVEMENT OF WEST CENTER ROAD BETWEEN 148th STREET AND US 275 INTRODUCTION Preliminary design of the above project was completed for the Nebraska Department of Roads in June 2000. With the relinquishment of N-38 (West Center Road) to the City of Omaha, the completion of final design and construction was also transferred to City of Omaha's responsibility. Prior to initiating final design (but as part of this scope of services) an updated traffic study will be performed to confirm the preliminary design plans, define the future needs at the two key intersections of West Center Road with US 275 (Industrial Road) and US 275 with 156th/Bob Boozer Drive, and establish proper phased implementation of the improvements in this corridor. It is assumed that funding limitations will only permit the improvements on West Center Road from 148th Street to US 275 along with the construction of the new railroad viaduct. Improvements to US 275, 156th, and Bob Boozer Drive will be investigated during the traffic study as previously noted,but are not included in these final design services. Specifically this scope of services consists of providing engineering services for Traffic Study, Final Roadway Design,Final Track Design, Final Bridge Design, Final Right of Way Design and Final Traffic Signal Design. Additionally a geotechnical investigation will be completed to determine the existing geotechnical conditions to assist in the Bridge Design task. Concerns with settlement will be addressed and the existing Box/Arch Culvert will be evaluated to determine if the existing structure is satisfactory to remain- in-place. Due to the lack of acceptable detours, it is assumed that through traffic on West Center Road will be maintained during construction. Temporary closures will be necessary to construct the rail bridge and to connect to existing US 275. Closure periods will be kept to a minimum. DESCRIPTION OF TASKS 1. Project Management This task includes activities to initiate and monitor project schedules, workload assignments and internal cost controls throughout this phase of the project. Also included are efforts to prepare and process invoices and monthly progress reports; and prepare project correspondence with the City of Omaha. EXHIBIT"A" Page 1 of 13 2. Traffic Study A traffic study will be conducted to determine the improvements necessary to achieve acceptable traffic operations at the West Center Road/Industrial Road and Bob Boozer Drive/West Center Road intersections. As previously noted, improvements at those two intersections would be part of a future project. However, it is important to identify those improvements to confirm this project is compatible. Given the congestion and proximity of these intersections, analysis will be performed using simulation to more accurately determine operational conditions. 2.1 Existing Condition Analysis Existing traffic conditions will be evaluated to establish a baseline for comparison. Given current roadway restrictions due to construction in the vicinity of the study area, current traffic volumes are significantly higher. Traffic volume information collected by the City of Omaha in 2000 and 2001 will be used along with historic traffic volume information to estimate existing 2005 AM and PM peak hour volumes. Operational conditions will be determined through the use of a CORSIM simulation model. Calibration will be performed based upon engineering experience given that current congestion levels are elevated due to roadway construction projects within the project area. 2.2 Alternatives Analysis Conceptual roadway configurations will be considered in an effort to meet traffic demand while minimizing reconstruction costs. A total of four conceptual alternatives will be analyzed: • West Center Road improvement only(widen from 148th Street to US 275) • West Center Road improvement plus eastbound dual left-turns from US 275 • Above two improvements plus improvements at 156th Street/West Center Road— assumes no constraints • Top two improvements plus improvements at 156th Street/West Center Road— least costly improvement with acceptable level of service Traffic operations for each concept will be evaluated for the 2005 volume conditions for direct comparison to the existing conditions analysis. CORSIM will be utilized for the analysis of both AM and PM volumes. Operational measures will be summarized to support the alternative comparison process. 2.3 Concept Layouts and Cost Estimates Conceptual layouts will be developed on aerial based plans showing the proposed improvements for each concept. Construction Cost Estimates will be developed for each conceptual improvement plan to assist in the evaluation of each alternate. 2.4 Future Year Analysis Future year traffic volumes will be developed to allow for a future year analysis of the identified minimally acceptable concept. The future year analysis will identify the approximate year in which congestion levels will meet the need for additional facility EXHIBIT"A" Page 2 of 13 improvements as identified in the LRTP. Future traffic volumes will be based upon the best available MAPA transportation model data(2025 or 2030). Additional simulation runs will be conducted to determine ultimate operating conditions once the LRTP improvements to Industrial Road are in place for the build out volume conditions. 2.5 Documentation Study assumptions, procedures, findings and recommendations will be documented in a technical memorandum. The document will include a summary of operational conditions for each concept,the concept layouts, cost estimates as well as short term and long term recommendations. 3. Public Information Meeting Prepare for and attend two Public Information Meetings for the West Center Road improvements. The conceptual improvements to US 275 studied in the Traffic Study will not be part of the Information Meeting. Assumes the City will invite property owners, advertise the meeting and secure a suitable location for the meetings. A color aerial scroll will be prepared along with a summary sheet that will describe the project schedule and important project information to the public. The second Public Information Meeting will be conducted prior to the beginning of Construction. The meeting will address more specific construction phasing related details such as detours and closings. 3.1 Prepare Exhibits Preparation of Public Information Exhibits. It is assumed that a mosaic will be prepared from existing aerial photography of the site provided by the city. The mosaic will show the proposed improvements and impacted properties. A 1"= 50' scale color plot of the project is assumed. 3.2 Prepare a Projects Fact Sheet A written summary of the projects design criteria, features and relevant facts. 3.3 Attend and Document the Information Meetings The Project Principal and the Project Manager are assumed to attend. Address the comments from the hearing with input from the City. 4. Final Roadway Design This task covers the preparation of the Roadway Construction Plans and bid package. 4.1 Site Inspections This is an allowance for one site visit as necessary during the roadway plan development. 4.2 Meetings • A Kick-off meeting with the City to discuss the scope of the project and to define important dates EXHIBIT"A" Page 3 of 13 • A meeting with City and MAPA staff during the Traffic Study Phase to review volume development and preliminary roadway concepts • Two progress meetings with the City Staff. • Two progress meetings with UPRR • Utility Meeting (1), an initial meeting after the notice to proceed to identify and work through potential conflicts identified in the preliminary plans and discuss schedule • Utility meeting(2), at 90% to develop a project-sequencing plan, to summarize utility relocation requirements and finalize the master construction schedule. • Constructability Review Meeting, will include City staff and UPRR to review the design and offer constructability and phasing suggestions that can be utilized to optimize the project construction schedule,to improve the construction phasing plan 4.3 Data Collection and Review This task includes the compiling and review of data and information collected from the City, utilities or any other sources concerning the final design of the project. 4.4 Note Reduction/Preliminary Plotting This task will include the effort for updating the existing topography for the section of US 275 south of the existing roadway with topo information from the proposed survey. 4.5 Roadway Horizontal Alignment This task will include finalizing horizontal alignment data for West Center Road and intersecting streets. This will also include placement of all roadway horizontal alignment data on the appropriate plan sheets. 4.6 Roadway Vertical Alignment This task includes finalizing vertical alignment data for West Center Road and intersecting streets and placing vertical data on the appropriate plan sheets. 4.7 Sidewalk Alignment As a result of the separate horizontal alignment and vertical profile required on the sidewalk in the northwest quadrant of the West Center Road/US 275 intersection, a sheet will be developed to identify the proposed plan. Spot elevations derived from the vertical data will be shown on the Joints and Spot Elevations sheets. The cross slope in the side walk will be detailed to maintain the drainage. 4.8 Roadway Cross-Sections Included in this task are the anticipated efforts to finalize cross-sections along West Center Road and 151St Street. 4.9 Earthwork Tasks include development of final earthwork for the project. Phased earthwork is not included. EXHIBIT "A" Page 4 of 13 4.10 Roadway Geometric Design This task addresses final geometric design and placement of geometric data notes in the Construction sheets. 4.11 Storm Sewer Design This task includes the efforts required to finalize storm sewer design and draft the appropriate storm sewer plan data on the Construction sheets and storm sewer profiles on the Plan and Profile sheets respectively. Separate sheets for the transverse pipes are not included. 4.12 Construction and Removal Development of separate Removal plan sheets and Construction plan sheets with appropriate notes detailing construction and removal items not specifically identified elsewhere in this scope are identified in this task. 4.13 Joints and Spot Elevations This task includes developing and drafting plan sheets with joint information along the entire project and spot elevations at intersections and non-typical transitional area. 4.14 Retaining Wall Layout Plan location, profile and details for one retaining wall. 4.15 Utilities Coordination/Verification This task includes final coordination of the design with affected utilities and making revisions based upon the utility review comments and the utility meetings noted in Section 4.2. 4.16 Quantities/Estimates The effort identified in this task includes final quantity takeoffs,final quantity calculations, development of Summary of Approximate Quantities sheet and a separate engineer's estimate of probable cost. 4.17 Typical Sections This includes finalizing typical sections for West Center Road and intersecting streets. 4.18 Special Provisions This task includes any special provisions needed to support the City of Omaha's Standard Specifications for Public Works Construction 2003. 4.19 Air Photo Sheets Time includes updating the Air Photo Plan sheets as necessary during the final design process. EXHIBIT "A" Page 5 of 13 4.20 Traffic Phasing Plans/Detour Plans This task identifies the effort to draft the construction phasing plans identifying the sequence of construction for the project. 4.21 CADD File Submittals This task identifies the effort to prepare electronic CADD files as deliverable to the City. The proposed deliverables will be Microstation design files and sheet files. 4.22 Erosion Control This task includes final design and drafting of erosion control items onto the Construction plan sheets. Design will be based upon the current version of the City of Omaha Soil Erosion and Sediment Control Manual. 4.23 Landscaping The primary focus of landscaping for this project will be the development of plantings at the park and the ball field. Time for this task includes the design and drafting of Landscaping plans. Additionally time is included for one meeting with the City Parks and Recreation Department. 4.24 Striping and Signing (Drafting Only) This task identifies the effort to draft the Striping and Signing Plans. Plans will be "redlined"by the City with HDR transferring the "redline"information to the plan set. 4.25 Revisions Time has been estimated based upon past experience with similar projects. 4.26 Quality Control Time has been estimated based upon past experience with similar projects. 4.27 Structural Evaluation of the Existing 8' x 6' RCB HDR will review the data provided by Terracon to evaluate the structural condition of the existing structure. It is assumed in this scope that the Existing RCB will remain in place. If additional effort is required, a supplement will address the changes in the design scope. 5. Final Railroad Track Design This task covers the preparation of the Rail Construction Plans and bid package. 5.1 Site Visits This is an allowance for site visits as necessary during the rail track plan development. 5.2 Typical Sections This includes finalizing typical sections for rail track and the rail maintenance road. EXHIBIT "A" Page 6 of 13 a 5.3 TrackHorizontal Alignment Design This task will include finalizing horizontal alignment data for Track#1 &Track#2. This will also include placement of all track horizontal alignment data on the appropriate plan sheets. 5.4 Track Profile Design This task includes finalizing vertical alignment data for Track#1 and Track#2 and placing vertical data on the appropriate plan sheets. 5.5 Cross Sections Included in this task are the anticipated efforts to finalize the track cross-sections. 5.6 Drainage Design Determine the Hydrology for the existing drainage structures. • 5.7 Pipe culvert Extensions/Replacements Determine the extent of improvements necessary. Design the improvements. Note the existing arch structure will be evaluated by Terracon to determine if the existing structure can remain in place. 5.8 Plan Production (30%/60%/90%,Final Submittals) Complete the final project design. Address the plans for each of the respective submittals. 5.9 Specifications (Tech.Sections) Complete the Technical Specifications for the project. 5.10 QA/QC (30%,60%,90%,Final Submittal) Complete the QA/QC on each of the respective submittals. 6. Traffic Signal Design This task covers the design/modification to the West Center Road1US 275 signal and the signal interconnect to 148th Street(West Center Road), 156th Street(US 275) and 149th Street(US 275). The 148th signal is assumed to be used I place. The Signal and interconnect will be will be a part of the Roadway Construction Plans and bid package. 6.1 Meetings and Correspondence This task includes the anticipated meetings and correspondence with City of Omaha staff to discuss the signal design signal interconnect with adjacent intersections. 6.2 Data Collection Data will need to be collected in the field (i.e., overhead wires, topography, etc.), power source information, existing signal equipment information, luminaire mounting height information, and any other data required for the design. EXHIBIT "A" Page 7 of 13 6.3 Layout Sheets—Drafting Design A permanent traffic signal layout sheet (20 scale) will be prepared for the West Center Road/US 275 intersection including intersection plan view, signal removal, signal notes and quantities, power source information, signal head diagrams and general notes. Assumes two of the existing signal poles can be used-in-place and two poles will need to be relocated. Assumes span wire type signal will designed at the West Center Road/US 275 intersection. The interconnect design will be included on 3 additional sheets drawn at 50 scale. 6.4 Coordination with OPPD This task will include the effort to coordinate traffic signal power source locations and street lighting information with the Omaha Public Power District. 6.5 Quantities and Cost Estimates This task is for the effort to prepare the estimated quantities and cost estimates for the signal portion of the project. 6.6 Special Provisions HDR will coordinate with the City of Omaha to provide special provisions for the signal portion of the project. 6.7 Final Design HDR will edit the draft plans based on the comments provided by the City of Omaha and submit final plans. 7. Environmental Evaluation This task will address the Environmental Evaluation requested by the FHWA. 7.1 Hazardous Waste HDR will obtain a(Environmental Data Resources,Inc.)EDR record search to assist in the evaluation of the project area. 7.2 Historic Impacts HDR will check the existing records to evaluate the project area. 7.3 Noise Impacts • Evaluate the noise impacts for sensitive receptors along the corridor. • Identify worse-case receptor locations for the proposed alignment. • Determine the existing noise levels by monitoring and future noise levels by computer modeling of future traffic noise sources using FHWA's STAMINA 2.0/OPTIMA (TNM 1.0A may be used in lieu of STAMINA at the discretion of the engineer. EXHIBIT "A" Page 8 of 13 • Format traffic information for use in the noise analysis, and include existing and future peak hour volumes, percentages of heavy and median trucks, and operations speeds. • Compare the predicted noise levels to FHWA Noise Abatement Criteria and Identify/evaluate appropriate mitigation measures consistent with State polices and guidelines. 7.4 Wetland/Floodplains Determine the wetland impacts on the project. The City can use the information to develop a wetland mitigation plan if necessary. 7.5 Right-of-Way Impacts Determine the Right-of-Way impacts and describe the impacts in the Technical Memorandum. 7.6 Environmental Evaluation Compose a Technical Memorandum describing the Project Environmental Evaluation for FHWA review and concurrence. 8. Final Railroad Bridge Design This task covers the preparation of the Final Railroad Bridge Design which will be a part of the Rail Construction Plans and bid package. 8.1 Meetings & Site Visit This is an allowance for a site visits during bridge plan development. 8.2 Coordination with UPRR This is an allowance for ongoing coordination with UPRR to insure that the final bridge plans are acceptable to them. 8.3 Geotech Coordination This task allows for necessary coordination with the geotechnical engineer for incorporating subsurface parameters into the bridge design. 8.4 General Layout/Planning This task includes the final layout of the bridge in relation to the existing and proposed track alignments and orientation of West Center Road. 8.5 Construction Staging This task includes planning the staging of bridge construction to minimize adverse impacts to railroad operations and traffic on West Center Road. 8.6 Finalize Abutment Design This task is the final structural and geometric design of the bridge abutments. EXHIBIT "A" Page 9 of 13 8.7 Finalize Interior Pier Design This task is the final structural and geometric design of the interior bridge piers. 8.8 Design Wingwalls This task is the final structural and geometric design of the abutment wingwalls. 8.9 Design Slope Paving This task includes the final design of the slope paving from the abutments to the sidewalk of street. 8.10 Design Deck This task is the final structural and geometric design of the steel bridge deck and its connection to the floorbeams. 8.11 Framing This task involves design of the final steel framing plan to insure doable connection details and adequate lateral clearance. 8.12 Finalize Floorbeam Design This task includes final structural and geometric design of the floorbeams,including transverse interior floorbeams, transverse end floorbeams and skewed end floorbeams. 8.13 Finalize Girder Design This task is the final structural and geometric design of the main load carrying girders. Three different girder lengths are contemplated. 8.14 Finalize Bearing Design This task includes the final structural and geometric design of the bearings for the bridge superstructure. Six different girder bearings (three fixed and 3 expansion) and one end floorbeam bearing are contemplated. 8.15 Waterproofing at Joints Details will be developed to prevent leakage of water through the open joints between bridge spans and abutment backwalls at each abutment and pier. 8.16 Design Deck Drainage System This task involves design of the drainage system for effective removal of storm water from the bridge. 8.17 Miscellaneous Steel Details This is a contingency allowance for the design of miscellaneous steel elements that will be required. EXHIBIT "A" Page 10 of 13 8.18 Design Retaining Wall A retaining wall may be required to support the new railroad embankment and protect existing businesses on the west side of the tracks north of West Center Road. This task includes the structural and geometric design of this wall. 8.19 Check Geometry This task is to check bridge geometry to insure that all bridge elements are compatible with each other and West Center Road, and to insure that all required horizontal and vertical clearances have been obtained. 8.20 Check Abutments This task includes checking the design and the drawings of the bridge abutments. 8.21 Check Interior Piers This task includes checking the design and the drawings of the bridge piers. 8.22 Check TPG Spans This task includes checking the design and the drawings of the through plate girder spans and associated details. 8.23 Check Bearings This task includes checking the design and the drawings of the bridge bearings. 8.24 Check Waterproofing This task involves checking the waterproofing details, particularly at the deck joints. 8.25 Check Drainage System This task includes checking the design and the drawings of the deck drainage system. 8.26 Check Retaining Wall This task includes checking the design and the drawings of the retaining wall that supports the railroad embankment. 8.27 Specifications This is an allowance for developing and producing technical specifications as required for the fabrication and construction of the bridge. 8.28 Plan Coordination and Quantities This task includes coordinating the organization of the drawings in the plan set and the calculation of material quantities required to construct the bridge. 8.29 Drafting & Quality Control Review This task includes all the drafting to produce the drawing set describing the bridge construction. Also included is quality control review of the drawings in accordance with HDR's quality control and assurance program. EXHIBIT "A" Page 11 of 13 8.30 Address UPRR Comments This is an allowance for supplemental design and drafting that may be required to address review comments made by UPRR to insure that the final plan set meets with their approval. 8.31 Project Management/Administration This task includes monitoring and coordinating project schedules, manpower assignments, internal cost controls and invoicing related specifically to the design and drafting of the railroad bridge. 8.32 Submittal Review—Shop Drawings Due to the skew of this bridge and the curvature of the tracks, the steel framing is relatively complex. This task allows for the review of the fabricator's shop drawings to insure that all elements are correctly detailed for fabrication. 8.33 Coordinate Underdeck Lighting with OPPD This is an allowance for coordination activities for the support of roadway lighting elements and wiring from the bridge superstructure, pier or abutments. Right of Way Design HDR will identify the limits of construction (L.O.C.'s) and new design (pavement, sidewalks, sewers, drives, culverts, retaining wall,) on the Ownership strip map prepared by Tinkham Land Surveying. HDR will identify the culvert notes and drive notes on the Ownership strip map. HDR will design the new R.O.W. according to these general guidelines. (a) New right-of-way acquisition will be limited to 2' behind the proposed sidewalk. (b) Permanent easements will be acquired where storm sewer connections are made to the existing storm sewer if the connections are outside of the proposed ROW. Additionally Permanent easements may be acquired where retaining walls are located to allow the City access to the walls if maintenance is necessary. (c) Temporary easements will be acquired where grading is necessary outside of the proposed ROW. A review meeting will be arranged with the City prior to development of the individual tract maps and legal description(s). Delineate right of way acquisition,permanent easements, and temporary easements for 15 tracts, north and south of West Center Road. Included in this effort are the development of separate tract drawings and legal description of the property and the necessary takings. It is assumed that a registered land surveyor with the City will review and seal these documents. It is further understood that the City would be responsible for negotiating with the property owner and filing the deeds with the County. EXHIBIT"A" Page 12 of 13 Geotechnical Investigation See attached scope of services (Terracon). Property Ownerships / Survey See attached scope of services (Tinkham). Bidding and Construction Contract Administration It is understood that this scope of services does not include contract letting services. Construction contract administration can be supplemented if the City desires. Assumptions and Understandings 1.) Two construction packages, Construction package#1, Rail Track/Bridge Plans Construction package#2, Roadway& Signal Plans 2.) Microstation J CADD, Geopak design software 3.) City will provide the West Center Road pavement recommendation 4.) City will print and distribute the plans Project Deliverables May 16, 2005 Notice to Proceed(NTP) June 21, 2005 Public Information Meeting July 19, 2005 Traffic Study,Draft Report November 8, 2005 Right-of-Way Plan Review Submittal January 12, 2006 Submit 30% Bridge/Rail Plans to UPRR February 16, 2006 Submit 90% Roadway Plans to the City February 16, 2006 Submit ROW Acquisition Plans to the City February 23, 2006 Submit 60% Bridge/Rail Plans to UPRR May 8, 2006 Submit Final Roadway Plans to the City May 8, 2006 Submit Final Bridge/Rail Plans to UPRR and the City EXHIBIT"A" Page 13 of 13 • March 1, 2005 llerracon Consulting Engineers&Scientists • Terracon Consultants, Inc. 2211 South 156th Circle HDR Engineering, Inc. Omaha,Nebraska 68130-2506 Phone 402.330.2202 8404 Indian Hills Drive Fax 402.330.7606 Omaha, NE 68114-4098 www.terracon.com Attention: Mr. Andy Wiest Re: Revised Proposal for Subsurface Exploration and Geotechnical Engineering Services Improvements at West Center Road and 150th to156th Streets Omaha, Nebraska Terracon Proposal No. 0505109b Dear Mr. Wiest: Terracon appreciates the opportunity to submit this revised proposal to perform a geotechnical exploration for the referenced project. The previous proposal issued February 21, 2005 was revised to include additional services for evaluation of the general construction and structural condition of the three sections of the existing culvert which extends under West Center Road, the Union Pacific Railroad embankment, and Industrial Road. This proposal outlines our understanding of the scope of services to be performed by Terracon for this project and provides an estimate of the fee for our services. Our proposal is based on your meeting at HDR with Joe Waxse on February 14th, review of associated site plans provided by HDR Engineering, Inc., a site visit by Terracon on February 25, 2005 to observe general culvert field conditions, and our subsequent conversations with HDR. A. PROJECT INFORMATION West Center Road will be reconstructed as a four-lane divided roadway, between 148th Street and US Highway 275. Improvements will include the replacement of a Union Pacific Railroad bridge, realignment of the Union Pacific Railroad lines and maintenance access road, and extension of an existing culvert drainage system. Based on information provided by HDR, the existing railroad bridge over West Center Road, west of 151st Street will be replaced with a new, wider bridge. The proposed bridge will be located just west of the current bridge, and will have a driven pile foundation system. An existing storm water drainage culvert is located approximately 165 feet east of the proposed bridge replacement, and runs in a north-south direction. The existing culvert consists of an 8' x 6' reinforced concrete box under West Center road, an older 6' x 7 IA ' concrete and/or brick arch section beneath the railroad and another 8' x 6' reinforced concrete box segment that extends south from the railroad and under Industrial Road. Delivering Success for Clients and Employees Since 1965 0505109b-leltecdoc More Than 60 Offices Nationwide • Improvements at West Center Road and 150th-156th Streets Terracon Omaha, Nebraska Proposal No. 0505109b March 1, 2005 The culvert will be extended about 85' north for the widening of West Center Road. Up to twenty feet of fill will be required for the new westbound lanes of West Center Road in the area of the current storm culvert inlet and new culvert extension. Up to 20 feet of fill will also be placed for construction of the new railroad embankment and maintenance road east of the new bridge. The effect of anticipated settlement under the new embankment loads on performance of the new and existing culverts is a concern. The. revised railroad alignment and maintenance road will involve significant cuts from STA 2310 to 2313, from STA 2321 to 2323, and from STA 2337 to 2348. B. SCOPE OF SERVICES The Services to be provided by Terracon are stated in the following paragraphs. Subsurface Exploration Program — Four (4) soil borings and two (2) electronic cone penetrometer test CPT soundings are proposed for this project. Borings 1 and 2 will be (CPT) 9 P P 9 located at opposite diagonal ends of the proposed pier locations of the replacement bridge. Both borings will be extended to bedrock (approximately 80 feet). Boring 3 will be located approximate at STA 1320+50 of the new railroad alignment and will extend to a depth of about PP 9 P 50 feet. Boring 4 will be located at STA 2343 on the center line of the proposed maintenance access road and will extend to about 35 feet. The CPT soundings will be located at the north end of the existing culvert and the approximate STA 1322 of the new railroad alignment. The cones will extend to approximate depths of 60 feet. The locations and depths of the proposed borings are shown on the attached site plans, which were taken from drawings provided by HDR. . During drilling of the borings, four test samples will be collected within the top ten feet and one sample will be collected at five-foot intervals thereafter. Two samples will be obtained in 5-foot borings. Thin walled Shelby tubes will be used to sample cohesive or semi-cohesive native soils or clean fill. Split spoon samples will be obtained in granular soil, miscellaneous fill, and weathered rock or other hard material. Once the samples have been collected and classified in the field, they will be prepared and placed in appropriate sample containers for transport to our laboratory. We propose to perform electronic cone penetrometer test (CPT) soundings for this project. The cone penetrometer consists of cone-tipped sounding unit attached to steel rods with flush joint couplings. The sounding unit has electronic strain gauges that measure the point resistance and sleeve friction. A depth encoder device monitors penetration as the rods are hydraulically pushed into the ground. The system is computer interfaced and displays the referenced parameters every 2.5 or 10-cm. These parameters can be correlated to a variety of soil 0505109b-letter.doc 2 Improvements at West Center Road and 1501h-156`h Streets Terracon Omaha, Nebraska Proposal No. 0505109b March 1, 2005 properties, including strength and density. The results of the cone penetrometer testing provide valuable information on in-situ soil characteristics, including bearing capacity, settlement analyses, and soil stratification. Our fee is based on the site being accessible to standard truck mounted drilling equipment; additional costs may result if this is not the case. Our fee does not include services associated with site clearing, wet ground conditions, or location of underground utilities beyond contacting the Nebraska Diggers Hotline locating service. If such conditions are known to exist on the site, Terracon should be notified so that we may adjust our scope of services and fee, if necessary. Our fee estimate also includes providing layout and elevations for the boring locations. Boring layout will be approximate and measured from existing physical features at the site. Distances are generally measured with a calibrated wheel and right angles are estimated. Elevations for the test locations will be determined with a surveyor's rod and level, and will be referenced to a specific spot elevation, such as existing building finished floor elevation. The locations and elevations should be considered accurate only to the degree implied by these methods. If precise boring locations and elevations are desired, we suggest that a firm specializing in surveying be hired to develop this information. If you would like the boring elevations determined relative to a project benchmark, the benchmark location and elevation should be provided prior to our subsurface exploration. Laboratory Testing — The samples will be tested in our laboratory to determine physical engineering characteristics. Testing will be performed under the direction of a geotechnical engineer. For this project and the anticipated subsurface conditions, the following testing program is proposed: water content, dry unit weight and unconfined compressive strength tests will be performed on thin-walled tube samples. Water content and, when applicable, hand penetrometer tests are routinely performed on split-barrel samples. Two consolidation tests will be performed on selected samples of cohesive soils to help evaluate the soil compressibility. In addition, two standard Proctor tests and two Atterberg Limits tests will be performed in order to evaluate the borrow materials from the cut areas. Culvert Characterization - The scope of services for characterization of the existing culvert structure includes: • Hand excavation to expose several feet of the top of the RCB at the inlet end of the culvert. • Reinforcing steel locating (to an approximate 6-inch depth) over a 2'x4' area using a Hilti Ferroscan FS10 device on the upper and lower surfaces of the top of the RCB at the excavated location, and on the interior sides, top, and floor (if feasible) at two selected locations in each of the 3 culvert segments. 0505109b-letter.doc 3 Improvements at West Center Road and 150th-156`h Streets Terracon Omaha, Nebraska Proposal No. 0505109b March 1, 2005 • Coring of the concrete using 4" nominal diameter diamond bitted core barrel to obtain 3 compressive strength specimens from the top of the RCB at the north end of the culvert and from the floor (if feasible) of the arch segment and the south RCB segment (total of 9 cores). If the floor is not able to be cored, the cores would be obtained from the walls of the culvert. The core holes will be plugged to control water flow, if necessary, and filled with non-shrink epoxy grout. The cores will be obtained at locations where the reinforcing steel was mapped with the Ferroscan device in an attempt to avoid cutting of reinforcing bars. • Compressive strength testing of the 9 concrete cores (ASTM C-42, unless otherwise directed). • Hammer drilling using a 3A-inch diameter bit to assess the thickness and general composition (concrete vs. brick) of the culvert sides, top and floor at one of the Ferroscan locations in each of the three culvert segments. Two additional probes will also be performed at approximately the 45 degree point in the arched top of the middle culvert segment. The drill holes will be plugged to control water flow, if necessary, and filled with non-shrink epoxy grout or other permanent sealant. • A Terracon engineer will make visual observations of the general structural condition of the interior of the culvert segments and transition areas, documented with digital photos. • Development and implementation of a "confined space entry" Health and Safety Plan for work inside the culvert. Engineering Report — The results of our field and laboratory programs will be evaluated by a professional civil engineer licensed in the State of Nebraska. Based on the results of our evaluation, an engineering report will be prepared that details the results of the testing performed, provides logs of the borings, and a diagram of the site/boring layout. The following information will be included or addressed in our geotechnical report: • Computer generated boring logs with soil stratification based on visual soil classification (Unified Soil Classification System), • General project description, • Subsurface exploration procedures, • Site conditions (existing), • Soil conditions (existing), • Boring elevations, • Subsurface exploration diagram, • Summarized laboratory data, • • Site water levels observed during and after drilling, • Recommended design parameters for pile foundations for the bridge, • Anticipated total foundation settlement, • Anticipated differential foundation settlement, 0505109b-letter.doc 4 i I • Improvements at West Center Road and 150`h-156th Streets Terracon Omaha, Nebraska Proposal No. 0505109b March 1, 2005 • Profiles of predicted fill-induced culvert settlements, • Estimated increase in vertical and lateral earth pressure on existing culvert due to fill, •• Apparent general construction type and condition of the existing culvert segments, • General evaluation of the apparent relative risks of damage to the existing culvert; • Preliminary general evaluation of alternatives for reducing culvert settlement and pressures, if deemed necessary, • Frost penetration depth and recommendations, • Seismic design site characterization, and • Site/excavation drainage discussion. . If the risk of damage to the existing culvert appears excessive, one potential remedial approach may be to install augered cast-in-place (ACIP) piles along the sides of the culvert to create a pile-supported embankment section above the affected portion of the culvert. Dr. Jie Han of the University of Kansas has done considerable work on this method and is available to provide subcontracted additional consultation to Terracon, if warranted and approved by HDR. Schedule —We can generally begin the field exploration program within about one to two weeks after receipt of authorization to proceed if site and weather conditions permit. We estimate the final geotechnical report can,be completed within about two to three weeks after the subsurface exploration- and field culvert testing is completed. In situations where information is needed prior to submittal of our report, we can provide verbal information- or recommendations for specific project requirements after we have completed our field and laboratory programs. • C. COMPENSATION For the scope of geotechnical services outlined in this proposal that includes subsurface exploration, culvert characterization services, laboratory testing, and an engineering report, the lump sum total fee would be $11,250.00. The culvert characterization services account for $4,850 of that fee. Should it appear to be warranted to expand our services beyond those outlined in this proposal, we will confer with you. Dr. Jie Han's hourly rate is $130/hour. We will not proceed with any supplemental services without your authorization, as evidenced by your signature on a Supplemental Agreement form. D. AUTHORIZATION This proposal may be accepted by executing the attached Agreement for Services and returning one copy along with this proposal to Terracon. This proposal is valid only if authorized within sixty days from'the listed proposal date. 0505109b-letter.doc 5 . Improvements at West Center Road and 150`h-156`h Streets Terracon Omaha, Nebraska Proposal No. 0505109b March 1, 2005 We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you. Sincerely, TERRACON CONSULTANTS, INC. A/2h JP --f14''' Amelia Toeltner, E.I. Joseph A. Waxse, P.E. Geotechnical Engineer Principal Engineer ACT/JAW:act/Ils Attachments: Agreement for Services Copies to: Addressee (3) • • • • • • • • 0505109b-letter.doc 6 • • Tinkham Land Surveying 9910 North 48 Street,Suite 208 Omaha,Nebraska 68152 402-451-2088 March 4, 2005 • Mr. Andrew Wiest, P.E. HDR 8404 Indian Hills Drive Omaha,NE 68114-4098 RE: N-38/West Center Road 150th to 156th Street Dear Mr. Wiest, Per our meeting of last week, the following is our proposal to provide surveying services for the above referenced project. SCOPE OF SERVICES 1. Research Title of Ownerships We are to provide research of the ownerships adjacent to the project. This work is to be provided by Cornhusker Title in accordance with their proposal attached. 2. Locate property corners in work area and prepare drawings indicating the ownerships, plat lines, parcel lines, and right-of-ways. 3. Locate with coordinate and elevation soil borings along tracks (approximately 10). 4. Pick up spot elevations and joints at locations where the roadway ties into existing @ 151s1 Street, 148th and West Center intersection, and at the Lumber 84/Frontage Road entrance. 5. Profile railroad tracks @ 50' o.c. for 500 feet each way from the point where the tracks tie back in @ both ends. SCHEDULE We are prepared to begin work immediately on the tracts and pick up surveys. We will locate the soil borings within 7 days of their completion. The railroad profiles will be coordinated with the railroad and completed at the earliest possible time. Tinkham Land Surveying 9910 North 48 Street,Suite 208 Omaha,Nebraska 68152 402-451-2088 Page 2 March 4, 2005 HDR FEE We propose the following fee structure: Item#1 Per parcels required per the attached Cornhusker Title proposal. Items #2, #3, #4 &#5 To be invoiced at the hourly rates set forth in the attached Hourly Rate Schedule for a not-to-exceed cost of$10,580.00. Included in this cost is one day of flagman for the work on the railroad, which will be invoiced at the rates, set forth by the railroad. We wish to thank you for this opportunity. Please call if you have any questions. Respe lly, Accepted by: i Gary am Date: Tinkham Land Surveying 9910 North 48 Street,Suite 208 Omaha,Nebraska 68152 402-451-2088 HOURLY RATE SCHEDULE For Tinkham Land Surveying HDR Proposal/February 2005 TWO PERSON SURVEY CREW $124.00/Hour TWO PERSON SURVEY CREW W/GPS $145.00 /Hour I REGISTERED LAND SURVEYOR $92.50/Hour CAD TECH $58.00 /Hour REIMBURSABLE EXPENSES At Face Value Reimbursable expenses shall include plotting and printing costs, travel expenses outside the immediate Omaha metropolitan area, filing fees and any expenses not normally a part of surveying services. Mileage will be computed at $0.45 per mile. Mileage will not be charged inside the Omaha Metropolitan area. Add $16.50 per hour to crew rate when using an all-terrain vehicle. Hourly rates are portal to portal. Invoices are submitted at the end of each project or monthly depending upon the duration of the project. Payment is due upon receipt of the invoice and delinquent 30 days from the invoice date. An interest charge of 1.5%per month will be added to all delinquent payments. Date February 22,2005 Proposal to Provide Title Research Service for the Tinkham Land Surveying Project No. Project Description: West Center Road & 150 to To: Mr. Gary D. Tinkharn 156th Street. Tinkham Land Surveying 9910 N 48th St., Ste. 208 Omaha Ne 68152 Dear Mr. Tinkham, We are pleased to present our proposal for providing title research services related to the improvements of Project No.To be agreed upon (see above for description) A scope of title research services will include the following: (1) One complete (typewritten) original certificate of title history, research for a period of the immediate past five years as shown in the Office of the Register of Deeds, the County Court and District Court for each and every tract and/or ownership, to determine property ownership, all interests in the property, status of liens or mortgages of record, including any leasehold and tenants interest. (2) One Right-of-Way Strip Map showing all property dimensions and angles required for each lot, split, and lands description taken from the property legal description given in each Title Search Certificate Number C-1, C-2, etc., to be numbered to match each corresponding legal for each tract or parcel of land search and shown on the Right-of Way Strip Map. (3) Residential Lot and Block title search Certificates (complete) at a cost of $75.00 per individual tract of ownership search made. (4) Residential land Description, title search certificates (complete) at a cost of S75.00 per individual tract of ownership search made. (5) Commercial/Industrial title search certificates (complete) at a cost of$100..00 per individual tract or ownership search made. (6)Following Charges. , (a) Updated residential and commercial/industrial title search certificates (complete) at a cost of$25.00 per individual tract of ownership search made. SO - d L6SL SSt 2017 suanaq.s 'g -Aajj.Egs d9Z = t'O SO-ZZ-qad (7) One original Photostat copy of each recorded easement, covenant,deed, including any other information pertinent to each individual tract or ownership search at no cost. We will provide the title research services based on the rates included in the scope of services listed above. The following rates have been extended to include the number of title search certificates required for the project. (A) 15 Residential title search certificates (complete) at a cost of$75.00 per individual tract or ownership made for a total of$ 1.125.00. (B) 15 Commercial/industrial title search certificate (complete) at a cost of $100.00 per individual tract or ownership search made to a total of $ 1.500.00. (C) ? /00 Copy of Deeds and Easements at a cost of$1.00 per page for each tract. The estimated time of completion for the typed five (5) year record Title Search Certificates, Photostat copies and one (1) duplicate original copy of all documents is To be agreed upon. Sincerely, • Tom Drelicharz �` \ Cornhusker Land Title Company 1905 Harney St., Ste 215 Omaha Ne 68102 402-341-6001 e-mail: husker@clt.omhcoxmail.com 90 ' d L6SL SSt" ZOty suanaqS 'g .,ta43EyS d9Z =t7O SO-ZZ-qaA EXHIBIT "B" FEE BREAKDOWN FOR PUBLIC MEETING,TRAFFIC STUDY,FINAL ROADWAY DESIGN, FINAL RAILROAD TRACK DESIGN, FINAL RAILROAD BRIDGE DESIGN, ENVIORNMENTAL EVALUATION,AND RIGHT OF WAY DESIGN FOR WEST CENTER ROAD BETWEEN 148TH STREET AND US 275 • FINAL DESIGN STAFF HOUR TABULATION CITY PROJECT NO.: SP 1983-22 NDOR PROJECT NO.: NH-38-7 11 0 51 CONSULTANT: HDR INC. LOCATION: West Center Road,148th Street to US 275 TYPE OF WORK: Final Design PROJECT LENGTH-URBAN 2300 PROJECT LENGTH-RAIL 1250 STATIONS: 23 STATIONS: 12.5 MILES = 0.44 MILES = 0.24 DATE: 4/18/2005 TASK DESCRIPTION OF Project PM/Senior Design Envlommental Landscape Drafter Steno TOTAL NUMBER WORK ITEMS/TASKS Principal Engineer Engineer Technician Clerical 1.0 Project Management 1.1 Project Management 12 245 16 273 2.0 Traffic Study 2.1 Existing Conditions Analysis 2 24 8 2 36 2.2 Alternatives Analysis 8 48 16 72 2.3 Concept Layouts and Cost Estimate 12 24 40 76 2.4 Future Analysis 6 36 12 54 2.5 Documentations 4 24 16 4 48 3.0 Public Information Meetings 3.1 Prepare Exhibits 8 32 40 80 3.2 Prepare Project Fact Sheet 16 16 3.3 Attend Public Information Meetings 12 12 24 3.4 Document/Respond to Public Comments 24 24 3.5 Quality Control 8 8 16 3.6 Revisions 8 8 16 4.0 Roadway Design . 4.1 Site Inspections(one site visit)- 4 4 4 12 4.2 Meetings 84 108 10 202 4.3 Data Collection and Review 4 16 20 4.4 Note Reduction/Prelim.Plotting 4 10 14 4.5 Roadway Horizontal Alignment 4 8 12 4.6 Roadway Vertical Alignment 4 8 12 4.7 Sidewalk Alignment 1 12 20 33 4.8 Template Roadway x-sections 4 40 44 4.9 Earthwork 1 8 16 25 4.10 Roadway Geometric Design 1 8 16 25 4.11 Storm Sewer Design 4 40 40 84 4.12 Construction and Removal 4 16 24 44 4.13 Joints and Spot Elevations 16 24 40 4.14 Retaining Wall Layout 6 24 30 4.15 Utilities Coordination/Verification 4 8 16 28 4.16 Quantities/Estimates 4 24 40 68 4.17 Typical Sections 4 8 12 4.18 Special Provisions(Note Only) 8 16 8 2 34 4.19 Air Photo Sheets 8 8 4.20 Traffic Phasing Plans/Detour Plans 8 24 48 80 4.21 CADD File Submittals 4 8 12 4.22 Erosion Control 4 8 12 4.23 Landscaping 4 80 84 4.24 Striping and Signing(Drafting only) 4 16 20 4.25 Revisions 4 16 20 40 4.26 Quality Control 80 8 8 96 4.27 Structural Evaluation of the existing RCB 4 24 28 5.0 Rail Track Design 5.1 Site Visit 4 4 8 5.2 Typical Sections 2 4 6 5.3 Track Horizontal Alignment Design 5 24 2 31 5.4 Track Profile Design 5 32 2 39 5.5 Cross Sections 4 24 4 32 5.6 Drainage Design 10 24 34 5.7 Pipe Culvert Extensions/replacements 9 24 4 37 Contract Documents , 5.8 Plan production(30/60/90%,Final Submittals) 8 32 160 200 5.9 Specifications(Tech.Sections) 18 16 34 5.10 QA/QC(30%,60%,90%,Final Submittals) 24 24 48 SUB TOTAL Sheet 1 24 667 732 0 80 770 50 2323 EXHIBIT"B' 1 OF 6 • FINAL DESIGN STAFF HOUR TABULATION CITY PROJECT NO.: SP 1983-22 STATE PROJECT NO.: NH-38-7(1051 CONSULTANT: HDR INC. LOCATION: West Center Road,148th Street to US 275 TYPE OF WORK: Final Design PROJECT LENGTH-URBAN 2300 PROJECT LENGTH-RAIL 1250 STATIONS: 23 STATIONS: 12.5 MILES = 0.44 MILES = 0.24 DATE 4/18/05 TASK DESCRIPTION OF Project PM/Senior Design Environmental Drafter Steno TOTAL NUMBER WORK ITEMSITASKS Principal Engineer Engineer Technician Clerical 6.0 Traffic Signal Design 6.1 Meetings and Coorspondence 4 4 8 6.2 Data Collection 4 4 6.3 Layout Sheets-Draft Design 16 14 30 6.4 Coordination with OPPD 8 4 12 6.5 Quantities and Cost Estimate 4 8 12 6.6 Special Provisions 2 4 6 6.7 Final Design 4 20 12 36 7.0 Environmental Evaluation 7.1 Hazard Waste 4 4 8 7.2 Historic Impacts 4 4 8 7.3 Noise Impacts 8 80 16 104 7.4 Wetlands/Floodplains 4 4 8 16 7.5 Right-of-Way Impacts 8 4 12 7.6 Environmental Evaluation Tech Memo 24 32 16 72 8.0 Bridge Design 8.1 Site Visit 4 4 8 8.2 Coordination with UPRR 24 8 32 8.3 Geotech Coordination 16 8 24 8.4 General Layout/Planning 16 16 32 8.5 Construction Staging 8 4 12 Substructure Design 8.6 Finalize Abutment Design 4 36 40 8.7 Finalize Interior Bent Design 4 36 40 8.8 Design Wingwalls 4 20 24 8.9 Design Slope Paving 4 8 12 Superstructure Design 8.10 Design Deck 8 16 24 8.11 Framing 2 8 10 8.12 Finalize Floorbeam Design 4 40 44 8.13 Finalize Girder Design 4 44 48 I 8.14 Finalize Bearing Design 4 32 36 8.15 Waterproofing At Joints 2 12 14 8.16 Design Deck Drainage System 4 24 28 8.17 Miscellaneous Steel Details 2 8 10 8.18 Design Retaining Wall 4 40 44 Design/Drawing Checks 8.19 Check Geometry 8 2 10 8.20 Check Abutments 18 6 24 8.21 Check Interior Bents 14 4 18 8.22 Check TPG Spans 24 8 32 8.23 Check Bearings 10 6 16 8.24 Check Waterproofing 16 2 18 8.25 Check Deck Drainage System 6 4 10 8.26 Check Retaining Wall 16 4 20 8.27 Specifications 24 40 8 72 8.28 Plan Coordination and Quantities 16 24 40 8.29 Drafting&Quality Control Review 48 16 1100 1164 8.30 Address UPRR Comments 8 24 32 8.31 Project Management/Administration(see Task 1) 0 8.32 Submittal Review-Shop Drawings 16 96 112 8.33 Coordinate underdeck lighting with OPPD 16 16 SUB TOTAL Sheet 2 48 392 624 124 1198 8 2394 EXHIBIT"E 2 OF 6 ' FINAL R.O.W. DESIGN SUMMARY OF PRELIMINARY ESTIMATE/PROPOSAL for PROJECT NO. SP 1983-22 C.N.: CONSULTANT: HDR INC. PROJECT NAME: West Center Road, 148th Street to US 275 Length Ownerships 14 Plan Sheets 6 Description of work items/tasks * * Classifications* MISCELLANEOUS P PM DE TD C TOTAL Meetings 2 4 4 10 Data Collection and review 8 8 16 TOTAL MISCELLANEOUS 2 12 12 0 0 0 26 PRELIM LAYOUT P PM DE TD C TOTAL L.O.C.'s(limits of construction&Plot New Design on Plans 2 4 6 Design New R.O.W. on Prints for Pencil Review Meeting 2 6 12 20 Access Control(Pattern Lines&Add Breaks to Plans) 0 Revisions,Input New R.O.W.,etc. 4 4 8 Situation Map(1A Sheet)-Add Tr.No.'s 8 8 Compute Preliminary Areas 4 4 8 TOTAL 0 2 24 24 0 0 50 TRACT MAPS P PM DE TD C TOTAL Compute R.O.W. Areas(Incl. P.E.,Prey. R.O.W.,T.E.,etc.) 16 16 32 Prepare Legal Descriptions 4 40 24 68 Place R.O.W. Break Points 8 4 12 Put Metes&Bounds on Tract maps 2 16 32 50 Prepare Summary Sheet(s) 16 8 24 R.O.W. Design Revisions 8 8 16 TOTAL 0 6 104 92 0 0 202 Subtotal 2 20 140 116 0 0 278 Project Management(Subtotal x 6%) 3 14 0 0 0 0 17 GRAND M.H.* 5 34 140 116 0 0 295 TOTAL M.D.* 0.63 4.25 17.5 14.5 0 0 36.88 REMARKS: Acquisition Plans *Key for Classifications Estimate by: ADW M.H.= Manhours M.D.= Mandays Date: 4/18/2005 P= Project Principal PM= Project Manager/Senior Engineer DE= Design Engineer **This breakdown of items must TD= Technician/Drafter be worked out and agreed to by C= Steno/Clerical the City and the Consultant. Exhibit"B" 3 of 6 • Est. by HDR INC. Date 4n8r05 City of Omaha Project No. SP 1983-22 NDOR Project No. NH-38-7(1051 Project Title West Center Road,148th Street to US 275 Estimated Project Plan Sheets Plan Numbers( ) Scale Number A. Summary of Approximate Quantities NTS 1 B. Typical Section Sheets- Roadway&Rail 2T NTS 2 C. Right-of-Way Strip Map 1"=50' 2 D. Centerline Control 1"=50' 2 E. Air Photo Plan Sheets 2A 1"=50' 2 F. Construction Phasing and Barricading 1"=20' 7 G. Drainage Area Map 1"=1000' 1 H. Plan and Profile Sheets- Roadway P&P 1"=50' 4 I. Removals 1"=20' 7 J. Construction 1"=20' 7 K. Joints&Spot Elevations 1"=20' 7 L. Retaining Wall NTS 2 M. Retaining Wall Details NTS 3 N. Fence&Wall Improvements NTS 0 O. Landscape Plantings 1"=20' 7 P. Modified Curb Inlet Detail NTS 1 Q. Modified Area Inlet Detail NTS 1 R. Erosion Control(on Landscape Plans) NTS 0 S. Pedestrian Handrail NTS 0 T. Miscellaneous Details NTS 1 U. Miscellaneous Sewer Details NTS 1 V. Traffic Signalization 1"=20' 1 W. Interconnect 1"=50' 3 X. Striping&Signage 1"=50' 2 Y. Roadway Cross-Section Sheets 1"=10'H 1"=5'V 15 Z. Drainage Cross-Section Sheets 1"=10'H 1"=5'V 1 PLAN TOTAL 80 1. Tract Maps NA 14 TOTAL 94 EXHIBIT"B" 4 OF 6 Est. by HDR INC. Date 4/18/05 City of Omaha Project No. SP 1983-22 NDOR Project No. NH-38-7(105) Project Title West Center Road,148th Street to US 275 Estimated Project Plan Sheets_ Plan Numbers( ) Scale Number A. General Arrangement 3/32"= V--0" 1 B. General Notes&Bill of Materials 3/32"= V-0" 1 C. Pile Layout 3/32"= 1'-0" 1 D. Construction Staging 3/8"= 1'-0" 1 E. Sections(1) 3/8"= V-0" 1 F. Sections(2) 3/8"= V-0" 1 G. West Abutment(1) 3/8"= 1'-0" 1 H. West Abutment(2) 3/8"= V-0" 1 I. East Abutment(1) 3/8"= V-0" 1 J. East Abutment(2) 3/8"= V-0" 1 K. Abutment Details 1/2"= 1'-0" 1 L. Slope Paving NTS 1 M. Interior Bent(1) 3/8"= 1'0" 1 N. Interior Bent(2) 3/8"=V--0" 1 O. Framing Plan,Spans 1 &3 1/4"=1'--0" 1 P. TPG Details,Spans 1 &3(1-6) 1/2"= 1'-0" 1"=1'0" 6 Q. Framing Plan Span 2 3/16"= 1'0" 1 R. TPG Details(1-5) 1/2"= 1'-0" 1"=1'-0" 5 S. End Floorbeam Details(1-2) 3/8"= V-0" 2 T. Bearing Details(1-3) 1"= V 0" 3 U. Deck Details(1-3) 3/16"= 1'-0" 3 V. Walkway Details(1-2) 3/8"= 1'-0,3/4"= 1'0" 2 W. Waterproofing&Deck Drainage Details 1/8"=1'0", 11/2"=1'0" 1 X. Deck Drainage Details(1-2) 1/8"= 1'-0" 11/2"=V-0" 2 Y. Miscellaneous Steel Details 3/4"= 1'-0" 1 Z. Retaining Wall(1-2) 3/32"= 1'-0" 3/8"= 1'-0" 2 AA. Demolition Plan(1-2) NTS 2 PLAN TOTAL 43 EXHIBIT"B' 5 OF 6 CITY OF OMAHA; NEBRASKA PROJECT NUMBER SP West Center Road, 148th Street to US 275 4/18/05 HDR PROJECT NUMBER 22540 (Final Design Design) CITY OF OMAHA PROJECT SP 1983-22 NDOR PROJECT NUMBER NH-38-7(105) SUMMARY OF FEE ESTIMATE CATEGORY HOURS RATE LABOR CHARGE Project Principal 77 $69.60 $ 5,359.20 Project Manager/Senior Engineer 1093 50.09 54,748.37 Design Engineer 1496 32.37 48,425.52 Environmental 124 34.32 4,255.68 Landscape 80 31.12 2,489.60 Drafter/Technician 2084 27.35 56,997.40 Steno/Clerical 58 20.25 1,174.50 TOTAL 5012 $ 173,450.27 Overhead, D.L. and G&A 160.89% 279,064.14 Total Estimated Labor Charges $ 452,514.41 Facilities Cost of Capital 0.64% $ 1,110.08 Fixed Fee 12% 54,301.73 SUBCONSULTANTS: Terracon (Geotechnical Investigation) 11,250.00 Tinkham Land Surveying (Property Ownerships, pick-up survey) 13,305.00 Historic Impacts 500.00 Environmental Data Resources, Inc. (record search) 500.00 Total Estimated Sub Costs $ 25,555.00 DIRECT COSTS: Mileage 500 0.395 197.50 Computer Charges Technology 5012 4.10 20,549.20 Printing/Plotting Printing(11 x 17 sheets) 1000 0.35 350.00 Printing(24x36 sheets) 300 2.00 600.00 Color Scroll plot 3 450.00 1,350.00 Photocopies 100.00 Miscellaneous 500.00 Total Estimated Direct Costs $ 23,646.70 TOTAL ESTIMATED FEE $ 557,128 EXHIBIT"B" 6 OF 6 EXHIBIT "C" PROJECT SCHEDULE FOR PUBLIC MEETING,TRAFFIC STUDY,FINAL ROADWAY DESIGN, FINAL RAILROAD TRACK DESIGN,FINAL RAILROAD BRIDGE DESIGN, ENVIORNMENTAL EVALUATION,AND RIGHT OF WAY DESIGN FOR WEST CENTER ROAD BETWEEN 148TH STREET AND US 275 ir) g I • co LL M N --) O Co p T L Z e O mco A- 1 o� N A. 2 LL 0 Z I Q IC) is.A. I,- 0 0 O -3 T N 2 2 Ll_ N 0 I I sat J I in CO og. Co ti O co N .2 CO CD N • • O A. N a- 2 N In T N N i* 4mil LL M I . T T • W - T M • • a-,—=—T—T G� Z T ��4./ ( c`;O co ♦ • V/ I (O MCA ti CO t • Nt A. I f r u. CO C0 tO LC) U) U!) U) Cn Cn Cn CD CD CD CO CD CD CD CD CO h CO CO0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 O C=) co C') O) W M co co N C\ N N CD CD CO CO CO C` O) L .- N N '- N N N In .- M —I N .0 'Co in CO N- O O .- ,- 7 .- 7 N N N C C - N- O fi7i/ C y C C L U) a) a) L 7 t 7 7 7 O 0 U) 7 IL O O I- 7 7 7 7 7 U) I- L F- L .0 L 2 2 FL- L 3H H - � I- FF F- F- F LI- a ♦—, u) 10 Cn 1.0 10 10 10 10 10 V) CO CO CD CD CD CD CD CD CO N N C 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 C)A+ � z a- N co N l- .1- a-- CV N 10 I� cD @ 1() in t0 7 CO N- O O 7 7 N N N C C 'O N U C C L U) U) U) .C7 -C7 7 7 0 0 >U) 7 U) U) 0 0 0 F- 7 7 7 7 7 U) 1--• -cF- -c -c L 2 > .CF- F- H F F- F F- F- F- F- F- CD Ce CC co Cl_ c us C D Cn 0 CO 0 C Cr) C M QI co C al C a cc6 co CI C _ a) a) a) co a) N >, - -O > a) V 3 5 a) 'O m a) ✓ c O) 3 3 0) O) C -O CT O) co V cTESa)i m g E �- >, >CD > c v o Q V ce m` g o 0 o c c m a) rn a) a) a m rn Ce C , o N cm 'c as C a) C o o • a) U @� � rn Co 0 M a J� o r Y l3 O U -' 7 O` s O O O 2 7 1p. 7 7 7 7 7 7 C6 C Q) u) c z Y U) a a_ D 0 C f a_ U) D U) v) Cl) U) d C C p ,_ N M V U) CO f� CO 0 CD ,' N C') "Cr (0 CO N- Co C) O N N O 0 V/ _ EXHIBIT "D" ORGANIZATION CHART FOR PUBLIC MEETING,TRAFFIC STUDY, FINAL ROADWAY DESIGN, FINAL RAILROAD TRACK DESIGN, FINAL RAILROAD BRIDGE DESIGN, ENVIORNMENTAL EVALUATION,AND RIGHT OF WAY DESIGN FOR WEST CENTER ROAD BETWEEN 148TH STREET AND US 275 fill°1 Cc P_ � o co — E : a. o > c cw 2 w J I / ` c � — H a L = > >, CO a. O _C = > < 0 0 J C O — U U U O > c L _c ID 0 ) c6 i C a) N —J Q C p a) / Q 0 _ im c- 1 /> _ \ . I2J .... N L f cy, m cn I` — o v, 11 2`` , iy ►. od c d) v? If D < C 11 la 2 > - co � + w 0 0CD C c cID 'f'' .t/° try°°* O .D 0) c im a9 / co J a i >, c _ i- Q E�, m — > � ✓ 00 Ca. — — it c c c c r .L C O Q c 3 1= —1 Z a. Q 0 i0 0c 4 Et CL 02 .;.T (2) 0 CI E Z aOw 'cr.)� o rg 6 TD 0 2co O 1-7o EXHIBIT "E" CONTRACT COMPLIANCE FOR PUBLIC MEETING, TRAFFIC STUDY,FINAL ROADWAY DESIGN,FINAL RAILROAD TRACK DESIGN,FINAL RAILROAD BRIDGE DESIGN, ENVIORNMENTAL EVALUATION,AND RIGHT OF WAY DESIGN FOR WEST CENTER ROAD BETWEEN 148TH STREET AND US 275 E-1 CONTRACT COMPLIANCE During the performance of this Contract,the Consultant agrees as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, religion,color, sex or national origin. The Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, religion, color, sex or national origin. 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 Consultant agrees to and shall post in conspicuous places, available to employees and applicants for employment,notices to be provided by the consulting officers setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race,religion, color, sex or national origin. 3. The Consultant 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 of worker's representative of the Consultant's commitments under the Equal Employment Opportunity Clause of the City of Omaha and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant 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 the Contract Compliance Ordinance, 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 and only after reasonable notice is given the Consultant. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. E-2 5. The Consultant 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, provided, however, that in the event the Consultant 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 the provisions of the Ordinance and in the case of contracts receiving Federal assistance, the Consultant or the City may request the United States to enter into such litigation to protect the interests of the United States. 6. The Consultant shall file and shall cause his subcontractors, if any to file compliance reports with the Consultant 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 at such times as directed shall contain information as to the employment practices,policies, programs and statistics of the Consultant and his subcontractors. 7. The Consultant shall include the provisions of Paragraphs 1 through 7 of this Section,Equal Employment Opportunity Clause and the Contract Compliance Ordinance in every contract or purchase order so that such provisions will be binding upon each subcontractor or vendor. Matthew B. Tondl Notary Public Senior Vice President HDR ENGINEERING,INC. E-3 C- 5A CITY OF OMAHA LEGISLATIVE CHAMBER • Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City Council on March 26, 2002 approved an agreement with the State of Nebraska Department of Roads by Resolution No. 737 for the City to take over jurisdictional responsibility for Center Street/West Center Road on January 1, 2003; and, WHEREAS, the NDOR had at that time selected HDR Engineering, Inc. to design various improvements to West Center Road and the City agreed to continue the improvement program; and, WHEREAS, it is now necessary for the City of Omaha to continue the final design for improvements to West Center Road between 148th Street and US 275 in accordance with the previous State agreement; and, WHEREAS, the City desires to take over the engineering agreement with HDR Engineering, Inc. for design of these improvements, and that by this reference the attached engineering agreement with HDR Engineering, Inc is made part hereof; and, WHEREAS, the value of the engineering agreement for final design of the improvements to West Center Road is $557,128.00 with 80% of this cost eligible for reimbursement from NDOR and the City's share estimated to be $111,426.00 which will be paid from the 2000 Street &Highway Bond Fund 13175, Organization 116167. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Public Works Department recommends that engineering agreement with HDR Engineering, Inc. for final design of improvements to West Center Road between 148th Street and US 275,be accepted. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the City's 20% share estimated to be $111,426.00 from the 2000 Street & Highway Bond Fund 13175, Organization 116167. P:\PW2\12324pjm.doc APPROVED AS TO FORM: Ik(iiimpar.b4 ... ,,,,,,,,,, By CITY ATTORNEY DATE - Councilmember Adopted M�.� 1 7 2005 . 111 'a Zi ------ _ f City Clerk Approved.. . �� •"- J ACTING Y r -* O CD O N N N CCD � p ` 'a N PD C pr CD r r i C CD c w r CI, 0 O O CD UP• a, = n gqj ~ ' 'S Q cp 0 \ ra, 0 ,-,,. crc-D'--, CM ° �C CD .-1 P� e (� C n v' d P) pC) C OP N , `C n O y C CD C.D