Loading...
RES 2004-1027 - Agmt with The Schemmer Associates Inc for bridge replacement near 38th and Center Sts (withdrawn) atAAHA,^, `,���� � Public Works Department fLe4 � '�k # 6 jI 2: 22 Omaha/Douglas Civic Center )1 l�r0 04 ,U 1819 Farnam Street,Suite 601 August 17, 2004 p r` Omaha,Nebraska 68183-0601 ° tT or4� r (402)444-5220 Fo FEr.1 + Telefax(402)444-5248 City of Omaha Norm Jackman,P.E. Mike Fahey,Mayor Acting Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Engineering Agreement with The Schemmer Associates, Inc. to provide professional engineering services for design, topographic survey and project management for the Bridge Replacement near 38t'' and Center Streets. The exact scope of services is included in exhibit "B" of the Agreement. The Schemmer Associates has agreed to perform the services detailed in the attached agreement for a fee of $40,252.00, which is payable from the year 2004 Bridge Maintenance Rehabilitation Organization 116164, Fund 12131. The Schemmer Associates, Inc. has filed the required Annual Contract Compliance Report, Form, CC-1, in the Human Relations Department. As is City policy, the Human Relations Director will review the consulting firm to determine its compliance. The Public Works Depai Intent requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: re.20 Ab/0 orm c an, P.E. Date ayor's ffice bate Acting Public Works Director Approved as to Funding: Approved: Let-A& gs30-.4„ --)/().to 104 /e.ey . r/iloi Carol A. Ebdon A44, Date "Gail Kinsey Th mpson Date Finance Director rr Human Relations Director P:\PW\11042pjm.doc ENGINEERING AGREEMENT BETWEEN THE SCHEMMER ASSOCIATES, INC. AND CITY OF OMAHA Project No. 5-38-7(1005) C.N. 21606 Near 38`h& Center Streets Project Management,Topographic Survey, Structural Design, and Roadway Design 1 ENGINEERING AGREEMENT THE SCHEMMER ASSOCIATES INC. CITY OF OMAHA PROJECT NO. 5-38-7(1005) CONTROL NO.CN 21606 THIS AGREEMENT,entered into by and between the City of Omaha,hereinafter referred to as the"City",and The Schemmer Associates, Inc., hereinafter referred to as the"Consultant". WITNESSETH WHEREAS,the City desires to engage the Consultant to render professional services for the above named project at the location shown on EXHIBIT"A",which is attached and hereby made a part of this agreement,and . WHEREAS,the Consultant is certified by the Nebraska Secretary of State as a Corporation eligible to operate in the State of Nebraska, and WHEREAS,the Consultant is willing to perform such work in accordance with the terms hereinafter provided, and does represent that it is in compliance with the Nebraska statutes relating to the registration of professional engineers,and hereby agrees to comply with all federal,state,and local laws and ordinances applicable to the work. NOW THEREFORE, in consideration of these facts,the parties agree as follows: I. DEFINITIONS Wherever in this agreement the following terms are used,they will mean: "CITY"means the City of Omaha,the Mayor or an authorized representative. "CONSULTANT"means The Schemmer Associates,whose business and mailing address is 1044 N. 115th Street, Suite 300,Omaha, Nebraska 68154. "STATE"means the Nebraska Department of Roads in Lincoln, Nebraska,the Director of the department,or an authorized representative. "FHWA"means the Federal Highway Administration, Department of Transportation, Washington, D.C. 20590,acting through its authorized representatives. "DOT"means the United States Department of Transportation,Washington, D.C. 20590, acting through its authorized representatives. To"ABANDON"the work means the City has determined that conditions or intentions as originally existed have changed and the work as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To"SUSPEND"the work means the City has determined the progress is not sufficient,or the conditions or intentions as originally existed have changed,or the work completed or • submitted is unsatisfactory,and the work as contemplated herein should be stopped on a temporary basis. This cessation will prevail until the City determines to abandon or terminate the work or to reinstate it under the conditions as defined in this agreement. To"TERMINATE"or the"TERMINATION"of this agreement is the cessation or quitting of this agreement based upon action or failure of action on the part of the Consultant as defined herein and as determined by the City. II. GENERAL DESCRIPTION OF SCOPE AND CONTROL OF THE WORK The Consultant shall provide Project Management,Topographic Field Surveying Structural Design,and Roadway Design,for project: Bridge Replacement Near 38th&Center,in Douglas County, Nebraska. Upon receiving a notice to proceed,the Consultant shall perform all work required under this agreement as outlined in EXHIBIT"B",schedule of services,and EXHIBIT"C",Consultant's proposal,which are attached and made a part of this agreement. The Consultant has furnished a personnel chart or list in EXHIBIT"C". Any major deviation from or revision in the classifications or personnel shown in the chart or list must receive the prior approval of the City. All personnel replacements must be made with persons of equal ability or experience and failure to provide capable replacements to keep the work on schedule will be cause for termination of this agreement,with settlement to be made as provided in Section VII of this agreement. III. STANDARD PRACTICES AND REQUIREMENTS It is mutually agreed that the City, State and FHWA have continuing rights of work progress inspections. Any additions,deletions,changes,elaborations,or modifications of the services performed under the terms of this agreement,which may from time to time be determined by the City as desirable or preferable,will be controlling and governing. IV. TIME OF BEGINNING AND COMPLETION The City will issue the Consultant a written Notice-to-Proceed upon State approval of this agreement. Any work or services performed on the project prior to the Notice-to-Proceed date is not eligible for reimbursement. The Consultant shall do all the work according to the schedule in attached EXHIBIT"B" • and shall complete all work required under this agreement in a satisfactory manner. The work under this agreement will be considered done upon award of the construction contract. The completion time will not be extended because of any avoidable delay attributed,to the Consultant, but delays attributable to the City may constitute a basis for an extension of time. Project No. 5-38-7(1005) -2- C.N. 21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design • City authorized changes in the scope of work,which increase or decrease workhours or services required of the Consultant,will provide the basis for a change of time and/or changes to the Consultant's fee. V. FEES AND PAYMENTS A. For performance of the work as outlined in this agreement,the Consultant will be paid a fixed-fee-for-profit of$4303.00,as defined in paragraph D of this section, • and up to a maximum amount of$35,949.00 for actual costs as defined in paragraph E of this section,that are allowable subject to the terms of this agreement and the federal cost principles contained in the Federal Acquisition Regulation(48 CFR 31). The total agreement amount is$40,252.00. B. The Consultant is responsible for determining if its actual costs will exceed the maximum amount stated above. If at any time during this project,the Consultant determines that its costs will exceed,or have exceeded the maximum amount stated above,the Consultant must immediately notify the City in writing and describe which costs are causing the overrun and the reason. The Consultant must also estimate the additional costs needed to complete the work. The City will then determine if the maximum amount is to be increased,and a supplemental agreement will be prepared if needed. C. The City is not responsible for costs incurred prior to the Notice-to-Proceed date or after the completion deadline date stated in Section IV of this agreement. D. The fixed-fee is computed upon the direct salary or wage costs, indirect salary costs, indirect non-salary costs,and direct payroll additives. The fixed-fee is not allowable upon direct non-salary costs. E. Actual costs include direct labor costs,direct non-labor costs,and overhead costs. (1) Direct Labor Costs are the earnings that individuals receive for the time they are working directly on the project. (a) Hourly rates: For hourly employees,the hourly earnings rate is based on the compensation received during the pay period that the work is performed,and dividing that compensation by the hours paid. For salaried employees,the hourly earnings rate is determined by dividing the employee's fixed annual compensation by the number of hours normally expected to be worked that year. In those pay periods which the employee works more hours than normally expected and does not receive additional compensation at least equal to the normally Project No. 5-38-7(1005) -3- C.N.21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design expected hourly rate,the rate for that pay period will be determined by dividing the actual compensation by the actual hours reported. (b) Time records: The hours charged to the project must be supported by adequate time distribution records. The records must clearly indicate the distribution of hours to all activities on a daily basis for the entire pay period,and there must be a system in place to ensure that time charged to each activity is accurate. (2) Direct Non-Labor Costs charges in this category include per diem expenses for personnel away from their base of permanent assignment,communication costs, reproduction and printing costs,computer charges,special equipment and materials required for the project,special insurance premiums if required solely for this agreement, and such other similar items. Payment for these items must be made on receipted invoices whenever possible,or on certified billings of the Consultant. For purposes of standardization on this agreement, the following expenses will be reimbursed at the rates indicated. Automobile 36.5 cents per mile Survey Vehicle 39.0 cents per mile Automobile Rental Actual reasonable cost Computer Not to exceed$20.00 per hour Air fare Actual reasonable cost,giving the City all discounts Lodging Actual cost,not to exceed $60.00 per person daily Meals Actual cost not to exceed: Breakfast $6.00 Lunch $8.00 Dinner $16.00 $30.00(Includes tax and gratuity) For the Consultant and its employees to be eligible for the meal allowance, the following criteria must be met. • Project No. 5-38-7(1005) -4- C.N.21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design Breakfast: (a) Employee is required to depart at or before 6:30 a.m.,or (b) Employee is on overnight travel. Lunch: (a) Employee must be on overnight travel. No reimbursement for same day travel. (b) Employee is required to leave for overnight travel at or before 11:00 a.m.,or (c) Employee returns from overnight travel at or after 2:00 p.m. Dinner: (a) Employee returns from overnight travel or work location at or after 7:00 p.m.,or (b) Employee is on overnight travel. Meals are not eligible for reimbursement if the employee eats within 20 miles of the headquarters town of the employee. The Consultant is not required to provide the City with meal receipts, but shall note the actual costs in a daily diary,expense report,or on the individual's time report along with the time of departure to the project and time of return to the headquarters town. The total daily meal costs must not exceed $30.00 per person. (3) Overhead Costs include indirect salary costs, indirect non-salary costs, and direct salary additives that are allowable in accordance with 48 CFR 31. Overhead costs are to be allocated to the project as a percentage of direct labor costs. The consultant will be allowed to charge the project using its actual allowable overhead rate. Overhead rate increases which occur during the project period will not be cause for an increase in the maximum amount established in paragraph A of this section. F. The Consultant should submit invoices to the City at monthly intervals. The invoices must present actual direct labor, actual overhead,and actual direct non- labor costs,as well as a prorated amount of the fixed-fee based upon the actual direct labor and overhead costs billed for that period relative to the Consultant's estimated total direct labor and indirect overhead costs, until 100 percent of the fixed-fee has been billed. The fixed-fee amount on the final invoice should be the difference between 100 percent of the agreed-upon fee and the total amount previously billed. The invoices must identify the hours worked and each individual's Project No. 5-38-7(1005) -5- C.N. 21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design • actual labor cost. Direct non-labor expenses must be itemized and provide a complete description of each item billed. Monthly invoices must be substantiated by progress reports which indicate the percent of work completed. If the Consultant does not submit a monthly invoice, it shall submit its progress report by the fifth day of each month. G. The City will make every effort to pay the Consultant within 30 days of receipt of the Consultant's invoices. Payment is dependent upon whether the monthly progress reports provide adequate substantiation for the work and whether the City determines that the work is satisfactory. Upon determination that the work was adequately substantiated and satisfactory, payment will be made in the amount of 100 percent of the billed actual costs and fixed-fee. After the Consultant has completed all work required under this agreement,a final bill must be sent to the City. Upon acceptance by the City and State,a final audit of all invoiced amounts will be completed by the City or its authorized representative, if deemed necessary. The acceptance by the Consultant of the final payment will constitute and operate as a release to the City for all claims and liability to the Consultant,its representatives, and assigns,for any and all things done,furnished,or relating to the services rendered by or in connection with this agreement or any part thereof. The Consultant agrees to reimburse the City for any overpayments discovered by the City or its authorized representative. H. The Consultant shall maintain, and also require that its Subconsultants/Subcontractors maintain,all books,documents,papers,accounting records,and other evidence pertaining to costs incurred and shall make such material available for examination at its office at all reasonable times during the agreement period and for three years from the date of final payment under this agreement. Such materials must be available for inspection by the City, State, FHWA,or any authorized representative of the federal government,and when requested the Consultant shall furnish copies. VI. PROFESSIONAL PERFORMANCE The Consultant understands that the City will rely on the professional performance and ability of the Consultant to satisfactorily accomplish the work under this agreement. Any examination by the City,State or the FHWA,or any acceptance or use of the work product of the Consultant,will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of the Consultant which would relieve the Project No. 5-38-7(1005) -6- C.N.21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design Consultant from any liability or expense that would be connected with the Consultant's sole responsibility for the propriety and integrity of the professional work to be accomplished by the Consultant pursuant to this agreement. That further, acceptance or approval of any of the work of the Consultant by the City or of payment, partial or final,will not constitute a waiver of any rights of the City to recover from the Consultant,damages that are caused by the Consultant due to error,omission,or negligence of the Consultant in its work. That further, if due to error, omission,or negligence of the Consultant,the plans,specifications,and estimates are found to be in error or there are omissions therein revealed during the construction of the project and revision or reworking of the plans is necessary,the Consultant shall make such revisions without expense to the City. The Consultant shall respond to the City's notice of any errors or omissions within 24 hours and give immediate attention to these corrections to minimize any delays to the construction contractor. The Consultant shall make project site visits, if directed by the City. If the Consultant discovers errors in its work, it shall notify the City of the errors within seven days. Failure of the Consultant to notify the City will constitute a breach of this agreement. The Consultant's legal liability for all damages incurred by the City caused by error, omission,or negligent acts of the Consultant will be borne by the Consultant without liability or expense to the City. VII. CHANGE OF PLAN,ABANDONMENT, SUSPENSION,AND TERMINATION Additions to the schedule of services, if approved in writing,will require negotiation of a supplemental agreement. For any work beyond the schedule of services,the Consultant shall document the additional work,estimate the cost to complete the work,and receive written approval from the City before the Consultant begins the work. Any such work performed by the Consultant prior to written approval of the City will be done at the expense of the Consultant. The City can abandon the project or to change the general scope of work at any time and such action on its part will in no event be deemed a breach of agreement. The City can suspend or terminate this agreement at any time. Such suspension or termination may be effected by the City giving the Consultant seven days written notice. If the City abandons or subtracts from the work,or suspends or terminates the agreement as presently outlined,the Consultant will be compensated in accordance with the provisions of 48 CFR 31, provided however,that in case of suspension,abandonment,or termination for breach of this agreement or for tender of improper work,the City can suspend payments, pending the Consultant's compliance with the provisions of this agreement. In determining the percentage of work completed,the City will consider the work performed by the Consultant prior to abandonment or termination to the total amount of work contemplated by this agreement. Project No. 5-38-7(1005) -7- C.N. 21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design The ownership of all project plans,documents,etc.,completed or partially completed at the time of such termination or abandonment will be retained by the City and the Consultant shall immediately deliver all project plans,documents,etc.,to the City. VIII. OWNERSHIP OF DOCUMENTS All surveys,tracings, plans,specifications,maps,computations,sketches,charts,and other data prepared or obtained under the terms of this agreement are the property of the City and the Consultant shall deliver them to the City without restriction or limitation as to further use. City acknowledges that such data may not be appropriate for use on an extension of the work covered by this agreement or on other projects. Any use of the data for any purpose other than that for which it was intended without the opportunity for Consultant to review the data and modify it if necessary for the intended purpose will be at the City's sole risk and without legal exposure or liability to Consultant. IX. FORBIDDING USE OF OUTSIDE AGENTS The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant,to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person,other than a bona fide employee,any fee,commission, percentage, brokerage fee,gift,or any other consideration contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty,the City has the right to annul this agreement without liability or, in its discretion,to deduct from the agreement price or consideration,or otherwise recover the full amount of such fee,commission, percentage,brokerage fee,gift,or contingent fee. X. NON-RAIDING CLAUSE The Consultant shall not engage the services of any person or persons presently in the t employ of the City and State for work covered by this agreement without the prior written. consent of the employer of the persons. Xl. GENERAL COMPLIANCE WITH LAWS The Consultant agrees to comply with all federal,state,and local laws and ordinances applicable to the work. XII. DISPUTES Any dispute concerning a question of fact in connection with the work not disposed of by this agreement will be referred for determination to the Director of the State or a duly authorized representative,whose decision in the matter will be final and conclusive on the parties to this agreement. Project No. 5-38-7(1005) -8- C.N.21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design 1 XIII. RESPONSIBILITY FOR CLAIMS AND LIABILITY • A. The Consultant agrees to save harmless the City from all claims and liability due to the negligent activities of the Consultant or those of the Consultant's agents or employees in the performance of work under this agreement. In this connection, the Consultant shall for the life of this agreement, carry insurance of the following types in at least the following amounts: (1) Bodily Injury and Property Damage with a combined single unit of liability of $500,000 each occurrence i or Bodily Injury • General and Automobile $250,000 each person General and Automobile $500,000 each occurrence Property Damage General and Automobile $250,000 each occurrence General $500,000 aggregate (2) Workers'Compensation-Statutory (3) a) Valuable Papers With the State named as the loss b) Electronic Data payee. The insurance must be • Processing Coverage in the amount of the total fee of this agreement. B. The insurance referred to in (1)above must be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired,and non-owned automobiles. The Consultant may,at its option, provide the limits of liability,as set out above, by a combination of the above described policy forms and excess liability policies. The Consultant shall furnish proof of insurance coverage to the City. XIV. PROFESSIONAL REGISTRATION The Consultant shall affix the seal of a registered professional engineer or architect licensed to practice in the State of Nebraska,on all plans,documents,and specifications prepared under this agreement. Project No. 5-38-7(1005) -g- C.N. 21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design XV. SUCCESSORS AND ASSIGNS This agreement is binding on successors and assigns of either party. XVI. DRUG-FREE WORKPLACE POLICY The Consultant shall have an acceptable and current drug-free workplace policy on file with the State. XVII. FAIR EMPLOYMENT PRACTICES ACT The Consultant agrees to abide by the Nebraska Fair Employment Practices Act,as provided by Sections 48-1101 through 48-1126, Nebraska Revised Statutes(Reissue 1998), which is hereby made a part of and included in this agreement by reference. XVIII. DISABILITIES ACT The Consultant agrees to comply with the Americans with Disabilities Act of 1990(P.L. 101-366),as implemented by 28 CFR 35,which is hereby made a part of and included in this agreement by reference. XIX. DISADVANTAGED BUSINESS ENTERPRISES The Consultant shall ensure that disadvantaged business enterprises,as defined in 49 CFR 26,have the maximum opportunity to compete for and participate in the performance of subagreements financed in whole or in part with federal funds under this agreement. Consequently,the disadvantaged business requirements of 49 CFR 26 are hereby made a part of and included in this agreement by reference. The Consultant shall not discriminate on the basis of race,color,sex,or national origin in the award and performance of FHWA-assisted contracts. Failure of the Consultant to carry out the requirements set forth above will constitute a breach of this agreement and,after the notification of the FHWA,may result in termination of this agreement by the City or such remedy as the City deems appropriate. The SUBLETTING,ASSIGNMENT OR TRANSFER Section of this agreement further explains the Consultant's responsibility in ensuring that disadvantaged business enterprises have the maximum opportunity to compete for subagreements. XX. NONDISCRIMINATION A. Compliance with Regulations: During the performance of this agreement,the Consultant,for itself and its assignees and successors in interest,agrees to comply with the regulations of the DOT relative to nondiscrimination in federally-assisted programs of the DOT(49 CFR 21 and 27,hereinafter referred to as the Regulations),which are hereby made a part of and included in this agreement by reference. Project No. 5-38-7(1005) - 10- C.N. 21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design 1 B. Nondiscrimination: The Consultant,with regard to the work performed by it after award and prior to completion of this agreement,shall not discriminate on the basis of race,color, sex,or national origin in the selection and retention of subconsultants,including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the agreement covers a program set forth in Appendixes A, B,and C of 49 CFR 21. C. Solicitations for Subacireements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subagreement,including procurements of materials or equipment,each potential Subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of race, color,sex,or national origin. D. Information and Reports: The Consultant shall provide all information and reports required by the Regulations,or orders and instructions issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information, and its facilities as may be determined by the City, State or FHWA to be pertinent to ascertain compliance with such Regulations,orders,and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information,the Consultant shall certify to the City, State or FHWA, as appropriate,and set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this agreement,the City will impose such agreement sanctions as it or the State and FHWA may determine to be appropriate, including but not limited to withholding of payments to the Consultant under this agreement until the Consultant complies,and/or cancellation,termination,or suspension of this agreement, in whole or in part. F. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs A through E of this section in every subagreement,including procurements of materials and leases of equipment, unless exempt by the • Regulations,orders,or instructions issued pursuant thereto.The Consultant shall take such action with respect to any subagreement or procurement as the City, Project No. 5-38-7(1005) - 11 - C.N. 21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however,that in the event a Consultant becomes involved in or is threatened with litigation with a Subconsultant/ Subcontractor as a result of such direction,the Consultant may request that the City enter into such litigation to protect the interests of the City and, in addition,the Consultant may request that the State and United States enter into such litigation to protect the interests of the State and United States. XXI. SUBLETTING,ASSIGNMENT,OR TRANSFER Any other subletting,assignment,or transfer of any services to be performed by the Consultant is hereby prohibited unless prior written consent of the City is obtained. The Consultant shall enter into an agreement with its Subconsultants/Subcontractors for work covered under this agreement. All Subconsultant/Subcontractor agreements for work covered under this agreement, in excess of$10,000, must contain similar provisions to th.se in this agreement. No right-of-action against the City will accrue to any Subconsultant/Subcontractor by reason of this agreement. As outlined in the DISADVANTAGED BUSINESS ENTERPRISES Section of this agreement,the Consultant shall take all necessary and reasonable steps to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform subagreements. Any written request to sublet any other work must include documentation of efforts to employ a disadvantaged business enterprise. XXII. CONFLICT OF INTEREST By signing this agreement,the Consultant certifies that it has no financial or other interests in the outcome of this project. XXIII. CONSULTANT CERTIFICATION The Consultant hereby certifies that wage rates and other factual unit costs supporting the fees in this agreement are accurate,complete,current,and subject to adjustment, if required,as provided by Sections 81-1701 through 81-1721,Nebraska Revised Statutes(Reissue 1994). After being duly sworn on oath, I do hereby certify that except as noted below,neither I nor any person associated with the firm in the capacity of owner,partner,director,officer, principal investor, project director,manager,auditor,or any position involving the administration of federal funds: Project No. 5-38-7(1005) - 12- C.N. 21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design • a) has employed or retained for a commission, percentage, brokerage,contingent fee, or other consideration,any firm or person(other than a bona fide employee working solely for me or the above consultant)to solicit or secure this agreement,or b) has agreed,as an express or implied condition for obtaining this agreement,to employ or retain the services of any firm or person in connection with carrying out this agreement,or c) has paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above consultant)any fee,contribution, donation,or consideration of any kind for,or in connection with procuring or carrying out this agreement,except as here expressly stated (if any). Certification Regarding Debarment, Suspension,and Other Responsibility Matters-Primary Covered Transactions Instructions for Certification 1. By signing this agreement,the Consultant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this project. The Consultant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the City's determination whether to enter into this agreement. However,failure of the Consultant to furnish a certification or an explanation will disqualify the Consultant from participation in this agreement. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the State determined to enter into this agreement. If it is later determined that the Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government,the City may terminate this agreement for cause or default. Project No. 5-38-7(1005) -13- C.N.21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design 4. The Consultant shall provide immediate written notice to the City if at any time the Consultant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction, "participant,""person,""primary covered transaction,""principal,""proposal,"and "voluntarily excluded,"as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. 6. The Consultant agrees that should the proposed covered transaction be entered into, it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the City before entering into this agreement. 7. The Consultant further agrees to include the clause titled"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"provided by the State without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. The Consultant in a covered transaction may rely upon a certification of a prospective Subconsultant in a lower tier covered transaction that it is not debarred,suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A Consultant may decide the method and frequency by which it determines the eligibility of its principals. 9. Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph six of these instructions, if the Consultant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible,or voluntarily excluded from participation in this Project No.5-38-7(1005) - 14- C.N. 21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design 1 • transaction, in addition to other remedies available to the federal government,the City may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension,and Other Responsibility Matters-Primary Covered Transactions A. The Consultant certifies to the best of its knowledge and belief,that it and its principals: (1) Are not presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(federal, state,or local) transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records," • making false statements,or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state,or local)with commission of any of the offenses enumerated in paragraph A.(2)of this certification;and • (4) Have not within a three-year period preceding this agreement had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the Consultant is unable to certify to any of the statements in this certification, such Consultant shall attach an explanation to this agreement. I acknowledge that this certification is to be furnished to the State and the FHWA in connection with this agreement involving participation of federal-aid highway funds and is subject to applicable, state and federal laws, both criminal and civil. XXIV. CITY OF OMAHA CERTIFICATION After being duly sworn on oath, I, Mike Fahey, by signing this agreement do hereby certify that the Consultant or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this agreement to: Project No. 5-38-7(1005) - 15- C.N. 21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design (a)employ or retain,or agree to employ or retain,any firm or person,or(b)pay or agree to pay to any firm, person,or organization, any fee,contribution,donation,or consideration of any kind. I acknowledge that this certificate is to be furnished to the State and FHWA in connection with this agreement involving participation of federal-aid highway funds and is subject to applicable state and federal laws, both criminal and civil. XXV. ALL ENCOMPASSED This instrument embodies the whole agreement of the parties. There are no promises, terms,conditions,or obligations other than contained herein,and this agreement supersedes all previous communications, representations, or other agreements or contracts,either oral or written hereto. Project No. 5-38-7(1005) - 16- C.N. 21606 Project Management,Topographic Field Survey, Structural Design,and Roadway Design 1 IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. STATE OF NEBRASKA) )ss. DOUGLAS COUNTY ) After being duly sworn on oath, I do hereby acknowledge the foregoing certification and state that I am authorized to sign this agreement for the firm. EXECUTED by the Consultant this /Z day of dA i , 2004. C The S"chemtf�er Associates, Inc. Linda Weaver Beacham, P.E. / ,.i _F e'utive Vide President Subscribed and sworn to before me this /o? day of. c ,2004. q., REBECCASUEJAMES "��.= MY COMMISSION EXPIRES -p4Q 3_a___424.niAj a,,• ,;e,.i.•• May18,2037 Not Public EXECUTED by the City of Omaha this day of ,2004. Attest: Buster Brown, City Clerk Mike Fahey, Mayor rm Ja m n, P.E., . Hamer, Acting Public Works Director uty City Attorney STATE OF NEBRASKA DEPARTMENT OF ROADS Approved as to form Eldon D. Poppe, P.E. Roadway Design Engineer Date , AGR 4 Project No. 5-38-7(1005) -17- C.N. 21606 Project Management,Topographic Field Survey, Structural Design, and Roadway Design N Pi t BEGIN PROJECT A-` ;-END PROJECT HiCkor l 1 1 St 138/ Walnut St 1i % tI, �■■ b, N. 1.0 f Fronces. VN Ln ,t in trl N1 ' Martha St ■ ' Project No. 5-38-7(1005) Exhibit"A" C.N. 21606 Page 1 of 1 Project Management,Topographic Survey, Structural Design,and Roadway Design _ 1 CITY OF OMAHA BRIDGE REPLACEMENT NEAR 38TH & CENTER SCHEDULE OF SERVICES Project Administration o Project Management o Kickoff meeting with City Public Works staff o Status meetings with City Public Works staff(2 assumed) o Public agency and utility interaction (City Parks & Rec., Utility Companies) o Coordination meetings with geotechnical consultant o Project team review and coordination City Responsibilities o Copies of all pertinent as-built information ➢ Existing bridge as-built plans > Sanitary and storm Sewer as-built plans • Existing geotechnical and pile driving logs o Bench marks and horizontal control Survey o Establish horizontal control based on an assumed datum. o Establish vertical control based on USGS datum. o Topographic survey of a 100' (50' each side of Center St. centerline) corridor 200' each way from bridge. o Topographic survey of an additional 30'outside of the original 50' in the fill areas around the bridge. o Profile of bike trail for 100' each way of bridge. o Cad services to download, check, and process the collected data. o Licensed Land Surveyor to coordinate and check services. o Scope assumes no Right-of-Way of boundary work is required Structural Design o Investigate feasibility and costs to rehabilitate the existing bridge deck by replacing the top mat of reinforcing with epoxy coated reinforcement, mill and overlay existing concrete deck, construct new approach slabs with grade beams, and relocate the expansion joint to above the grade beams. o Scope and estimated fee assumes the bridge will be replaced with a culvert described below. If rehabilitating the existing bridge or replacing the existing bridge with a new bridge is a preferred option, a change in services and estimated fee is necessary and will be handled with a Supplemental Agreement. The Supplemental Agreement will include the additional structural engineering fee required above and beyond that required to design a culvert. o The following schedule of services assumes the structure will be replaced with a 'pre-engineered' precast concrete culvert. > Culvert will be constructed from 'pre-engineered' precast concrete sections providing inside clear dimensions of 14 feet wide x 12 feet high. 3-sided arch and 4-sided traditional box will be considered and construction alternates provided in the construction documents. Culvert is for pedestrian use. > Cost estimates will be performed prior to final design and will consider two options. Option no. 1 will consider an MSE type retaining wall on both the north and south sides of Center Street, within existing right-of-way. The retaining walls will retain the roadway embankment and will allow for a shorter box length. Option no. 2 will consider an MSE type retaining wall on the north Project No. 5-38-7(1005) Exhibit"B" Control No. 21606 Page 1 of 2 Project Management,Topographic Field Survey, Structural Design, and Roadway Design side only. Wingwalls and a sloping embankment will be considered on the south side. > Culvert assumed to be supported on shallow foundation (no piling or other deep foundations required). A continuous'spread-footing' will be designed and detailed for the 3-sided arch option. ➢ Wingwall and headwall design and details on the south side for Option no. 2. ➢ Plan preparation of culvert structure. Installation of precast concrete sections will be phased with bridge removal. Anticipated plan contents: • General Notes • Phasing Plan and notes • Culvert Plan Layout, Elevation, & Section • Wingwall Elevation and Sections • MSE wall details • Headwall and Toewall details • Miscellaneous details • Structure Quantities > Special provisions (MSE wall, precast concrete box) > Design and detail pedestrian lighting (assumes electrical service.for pedestrian lighting can be spliced into nearby roadway lighting on Center Street) Roadway Design o Profiles o Typical Sections o Geometrics o Traffic Phasing o Coordination and modification of existing drives (1-east end and 1-west end) o Grading Plan with Erosion Control o New pipe culverts each side of box culvert to carry'low flows' (scope assumes no hydraulic analysis of pipe culverts is required,as pipes will only carry'low flows') o Removal Plan o Utility Coordination o Cost Estimate for Option no. 1 &2 as described above. o Quantities o Special Provisions (if necessary) Design Submittals o Submit to Utility Companies o Preliminary design review(60%)and cost estimate o Final plan review(90%)and cost estimate o Complete contract documents 100%submittal Not Included in Scope of Work o Preparation of'front end' documents for specifications o Biding and/or construction phase services o Right-of-way,title search, or boundary survey services o Hydraulic Analyses are not anticipated o Geotechnical Engineering o Structural design and detailing for a new or rehabilitated bridge. Project No. 5-38-7(1005) Exhibit"B" Control No. 21606 Page 2 of 2 Project Management,Topographic Field Survey, Structural Design, and Roadway Design • ' City of•Omaha bridge Replacement near 38th 8,Center WORK ITEM SUMMARY CLIENT TSA Proj Project PROD.NO,: No TTP. Replace existing bridge with culvert • • Yai YY' 9 y€ g$E I o WORK ITEMS/TASKS w eU €3Y u8 nyw £ ; S E.TmATEd NO. POURS 1 Project Management Functions 6 40 46 • 2 Meetings Kickoff 3 3 6 Progress(60%690%) 6 6 12 UtilityCoordination 4 6 10 Plan-In-Rand 2 2 4 3 Survey -. .. Establish honzontal control based on an assumed datum 4 4 Establish vertical control based on USGS datum 4 4 Topographic Survey 16 16 Profile of Bike Trail 2 2 Data download and processing 6 6 Coordination and check 2 2 • 4 Structural Design 1 + Investigate feasibility and costs of bridge deck repair&rehab.with new approach 10 4 14 slabs and grade beams and expansion joint relocation to grade beam Specification/Design of Precast Concrete Box Culven(Load analysis&Fig Design) 3 2 5 Structural Design of Wingwalls(1 design for 2 walls) 3 2 5 Structure Phasing 6 2 6 Plan Preparation and Details 10 20 60 90 Quantities 2 4 8 14 Special Provisions 8 2 1 11 Cost Estimate(2 options) 16 2 18 Lighting Design and Detailing 2 4 4 10 5 Roadway Design 1 Cost Estimate(2 options) 4 2 6 Profiles 2 8 16 26 Typical Sections 2 4 8 14 Geometries 2 4 16 22 Traffic Phasing - 6 12 16 34 Coord.tMod.Of Exist.Drives 4 6 10 Utility Coordination 6 4 10 Quantities 2 4 12 18 Special Provisions 2 8 1 11 Grading Plan WI Erosion Control 4 8 20 32 Removal Plan 2 6 24 32 TOTALS 6 55 58 49 110 2 26 188 6 2 0 502 • • • • • • • • • • Project No.5-38-7(1005) Control No.21606 Project Management,Topographic Field Survey, Structural Design and Roadway Design Exhibit Page 1 o1 3 • City of Omaha Bridge Replacement near 38th &Center PROJECT PERSONNEL PRINCIPAL-IN-CHARGE Linda Beacham PROJECT MANAGER Steve Kathol LICENSED STRUCTURAL ENGINEER Steve Kathol LICENSED ENGINEER Jeff Ray Ron Woracek DESIGN ENGINEER Matt Sutton Lindsay Madsen LICENSED LAND SURVEYOR Mark Fredrickson 2-MAN SURVEY CREW Doug Burchett Don Peterson ENGINEERING TECHNICIAN Terry Nocita Brent Jorgensen SURVEY TECHNICIAN Todd Dippel CLERICAL • Donna Arnold Project No.5-38-7(1005) Control No.21606 Project Management,Topographic Field Survey, Exhibit"C" Structural Design and Roadway Design Page 2 of 3 • City of Omaha Bridge Replacement near 38th&Center SUMMARY OF FEE ESTIMATE CATEGORY HOURS RATE LABOR CHARGE PRINCIPAL-IN-CHARGE 6 $46.00 $ 276.00 PROJECT MANAGER 55 $36.50 $ 2,007.50 LICENSED STRUCTURAL ENGINEER 58 $36.50 $ 2,117.00 LICENSED ENGINEER 49 $36.50 $ 1,788.50 DESIGN ENGINEER 110 $26.50 $ 2,915.00 LICENSED LAND SURVEYOR 2 $28.00 $ 56.00 2-MAN SURVEY CREW 26 $36.67 $ 953.42 ENGINEERING TECHNICIAN 188 $16.60 $ 3,120.80 SURVEY TECHNICIAN 6 $19.00 $ 114.00 CLERICAL 2 $15.10 $ 30.20 • TOTAL 502 $ 13,378.42 Overhead,D.L.and G&A 168% $ 22,475.75 Total Labor Charges $ • 35,854.17 Fixed Fee 12.0% $ 4,302.50 SUBTOTAL $ 40,156.67 DIRECT COSTS Mileage 0 $0.37 $ - Mileage-Survey Crew 100 $0.45 $ 45.00 Printing&Misc. 50 $ 1.00 $ 50.00 TOTAL DIRECT COSTS $ 95.00 TOTAL FEE $ 40,252.00 Project No.5-38-7(1005) Control No.21606 Project Management,Topographic Field Survey, Exhibit"C" Structural Design and Roadway Design Page 3 of 3 • C-25A • CITY OF OI IAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, engineering investigation and design, topographic survey and project management services are required in connection with a Bridge Replacement near 38th and Center Streets; and, WHEREAS, The Schemmer Associates, Inc. has agreed to perform the services listed in the attached agreement, which by this reference is made a part hereof, for a fee of $40,252.00, which will be paid from the year 2004 Bridge Maintenance Rehabilitation Organization 116164, Fund 12131; and, WHEREAS, the Public Works Department does not have sufficient staff to undertake this project at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Engineering Services Agreement with The Schemmer Associates, Inc, for engineering investigation and design, topographic survey and project management services required for a Bridge Replacement near 38th and Center Streets is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay $40,252.00 for these engineering services from the year 2004 Bridge Maintenance Rehabilitation Organization 116164, Fund 12131. P:\PW\11043pjm.doc APPROVED AS TO FORM: c CITY ATTORNEY DATE By palate.. ifCouncilmember AUG 1 7 2004 VOW City Clerk Approved Mayor N CD'.S N CD w Ft A N 4, A) R. a. tC t N xCD C.)...cit..". Oz . QQ e.,. ..Q CD et•'V �* gD fa, Zo O\ < C dQt VC NCDNOCO6 ` c4 U 1 ) .3 q. CD .fit hS C � . O r IV 2 NnD �Y8 co CCpn •w O d CD , A., pa p A V \\\ = � CM? CL CD CD 0 n -• o � coon• ►+� co • VJ ,h i INTER-OFFICE COMMUNICATION August 16, 2004 TO: Buster Brown, City Clerk FROM: Norm Jackman, Acting Public Works Director••/� SUBJECT: Item No. 37 on the August 17, 2004 City Council Agenda The Public Works Depai tiuent is requesting that Item 37,being an Engineering Services Agreement with the Schemmer Associates for engineering investigation and design, topgraphic survey and project management services required for a Bridge Replacement near 38th and Center Streets on tomorrow's City Council agenda be pulled in order for the Department to clarify some issues in the agreement. Thank you for your assistance in this matter. scp C,) 0 0 � CD cd, 2. n fr J ciA o Z 8• CD n .P, 0 CD 5 � O 0 . .,s, H NI \ oL ,� x o � CM cra fig