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RES 2004-0267 - Agmt with HDR Engineering Inc for construction of Old Mill North frontage road bridge ;A° ��'-� RECEIVED Public Works Department v j� -sue ►�►, +��- r s. Ott FEB' 27 PM 12: 2 Omaha/Douglas Civic Center nr rl � March 9, 2004 1819 Farnam Street,Suite 601 °'` �`"" ` Omaha,Nebraska 68183-0601 Aoq4r or��ry $� 1{ (402)444-5220 eD FasR OMAHA, "y t 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 a Construction Engineering Services Agreement with HDR Engineering, Inc., for project management, construction staking, inspection, field testing, etc., for construction of the Old Mill North Frontage Road Bridge. This project is identified as Project No. BH-5011(7) and State Control No. 22105, and City of Omaha construction contract No. OPW 50049. HDR was selected by the A/E selection process on January 23, 2004 to perform this work. HDR has agreed to perform the construction engineering services listed in the Agreement for the fee of $169,593.00. The funds will be paid from the year 2000 Street & Highway Bond, Organization 116167,Fund 13175, year 2004 expenditure. HDR Engineering, Inc. has filed the required Annual Contract Compliance Report Form, CC-1. The Director of Human Relations will review the firm to determine its compliance with the applicable Ordinances. The Public Work Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: c-..A 2-27-Of o ackman, P.E. drDate ayor's Office/Title Date "` Acting Public Works Director Approved as to Funding: Approved: on L f ,.1.r�.N I c4 O V �G��J '' �4/of Stanley Tim, Date `Gall Kinsey T meson Date Finance Directorl 1 Human Relations Director P:\PW2\14020maf.doc a STATE OF NEBRASKA • DEPARTMENT OF ROADS r'R'EC IV r) srA John L.Craig,Director zK„ of 8 rE 1500 Highway 2 pb Q ��' '" PO Box 94759 ,6F (\ ? � M Lincoln NE 68509-4759 �� H j �!1 A FAX( 02)479-43 567 April 21, 2004 j ( ''�E ,'�'",� FAX(402)479-4325 � �� ,�01�1 www.dorstate.ne.us , g►�' S K M9'en iR�06^ Mike Johanns Mr. Buster Brown • Governor Clerk . Omaha/Douglas County Civic Center • 1819 Farnam St Omaha NE 68183 Re: Project No. BH-5011(7) Control No. 22105 Agreement No. XK0417 • Dear Mr. Brown: Enclosed are are two executed originals between the City of Omaha and HDR Engineering, Inc. that was approved by the State Department of Roads. • We are providing this executed and approved original for your files. Please furnish us a copy of your notice to proceed letter to HDR Engineering, Inc. Sincerely, • /J:•rry A dams Hwy. Agreements Tech. Project Development Division JA/S1-AA7 Enclosure xc: T. W. Weander, District 2 Engineer E. Poppe B. Foreman File • An Equal Opportunity/Affirmative Action Employer printed on recycled paper F .Y AGREEMENT PROJECT NO. BH-501 1(7), CONTROL NO. 22105 CITY OF OMAHA HDR ENGINEERNIG, INC. CONSTRUCTION ENGINEERING SERVICES OLD MILL NORTH FRONTAGE ROAD BRIDGE THIS AGREEMENT, entered into by and between the firm of HDR ENGINEERNIG, INC. hereinafter referred to as the "Consultant", and the City of Omaha, Nebraska, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City is planning grading, concrete pavement, bridge, and WHEREAS, the work will be done under the project designation of Project No. BH- 5011(7), and WHEREAS, Federal regulations provide that the State shall have the responsibility for the construction of all Federal-aid projects, and will be responsible for insuring that such projects receive the same degree of supervision and inspection as projects constructed under a contract let and directly supervised by the State and that the project is completed in conformity with approved plans and specifications, and WHEREAS, the City and State do not have sufficient personnel available for such supervision and inspection, and WHEREAS, the City may employ a consultant to provide construction engineering services, and WHEREAS, the City agrees to provide a City employee or Consultant to be in responsible charge and direct control of the project at all times, and WHEREAS, it is the desire of the City that the Consultant furnish project management, construction staking, inspection and field testing engineering services for this project, and WHEREAS, the Consultant is willing to perform such work according to the terms hereinafter provided, and the Consultant 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 NOW THEREFORE, in consideration of these facts, the City and Consultant agree as follows: SECTION 1. DEFINITIONS: WHEREVER in this agreement the following terms are used, they will mean: "CITY" means the City of Omaha of the State of Nebraska, the Mayor or an authorized representative. "STATE" means the Nebraska Department of Roads of the State of Nebraska, Lincoln, Nebraska, the Director of the Department, or an authorized representative of the Director. The State is representing the United States Department of Transportation on this project and any reference to the "State" in this agreement means the State on behalf of the United States Department of Transportation. "CONSULTANT" means the firm of HDR ENGINEERNIG, INC., whose business and mailing address is 8404 Indian Hills Drive, Omaha, NE 68114. "SUBCONSULTANT" means the firm of Thiele Geotech,Inc., whose business and mailing address is 13478 Chandler Road, Omaha, NE 68138-3716, or the firm of Batheja and Associates whose business and mailing address is 4822 Dodge Street, Omaha, NE 68132- 3163. "FHWA" means the Federal Highway Administration, Department of Transportation, Washington, DC 20590, acting through its authorized representatives. "DOT" means the United States Department of Transportation, Washington, DC 20590, acting through its authorized representatives. "PROJECT MANAGER" means that person appointed by the City to oversee the project construction and to ensure that the project is built in compliance with all the terms of this agreement and requirements for Federal funding. "STATE REPRESENTATIVE" means an employee of the State designated by the State to review the project and to assist the City in complying with requirements for Federal funds. To "ABANDON" the work means that the City has determined 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 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 in this agreement should be stopped on a temporary basis. This cessation will prevail until the City determines to abandon or terminate the work or to reinstate under the conditions as defined in this agreement. Project No. BH-501 1(7) -2 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE To "TERMINATE" or the "TERMINATION" of this agreement will be the cessation or quitting of this agreement based upon action or failure of action on the part of the Consultant as defined in this agreement and as determined by the City. SECTION 2. GENERAL DESCRIPTION OF SCOPE AND CONTROL OF THE WORK: The Consultant shall, upon receipt of Notice to Proceed, perform all the project management, construction staking, inspecting and field testing services required under this agreement for Project BH-5011(7), OLD MILL NORTH FRONTAGE ROAD BRIDGE, in Douglas County, Nebraska, as outlined in the attached EXHIBIT "A", Consultant's Proposal, attached and made a part of this agreement. The services in order to remain eligible for Federal funding must be performed to the satisfaction of the City and State and in accordance with State and Federal applicable publications and regulations. The Consultant has furnished a personnel chart or list in EXHIBIT "B". 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 for in this agreement. The Consultant's services include, but are not limited to project management, advance staking, conducting the preconstruction conference, staking and inspection during project construction, preparing As-Built plans, progress computations, final computations, and preparing contractor change orders. The Consultant, its Subcontractors or their employees shall not perform any work on the project that is the responsibility of the construction contractor. SECTION 3. TIME OF BEGINNING AND COMPLETION: The City will issue the Consultant a written Notice-to-Proceed after this agreement is approved by the State. Any work or services performed on the project prior to the Notice-to- Proceed date is not eligible for reimbursement. The Consultant shall complete all work required under this agreement in a satisfactory manner within 45 calendar days after acceptance of the project by the City and State. Any costs incurred after the completion deadline are not eligible for reimbursement unless the City has approved an extension of time. SECTION 4. IT IS MUTUALLY AGREED THAT: Project No. BH-501 1(7) -3 - • Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE (A) The City and State retain the right to perform any services on this project with their own staff. (B) The State's District Engineer will assign a state employee from the District to be the State Representative for the project. The State Representative will assist the City in complying with the construction contract, design plans, scope of work or services, federal and state regulations, statues, etc. in order that federal funds can be expended on this project. The Representative will review the project for compliance for federal funds, and will notify the city that project is acceptable or unacceptable. If the representative determines the project is unacceptable, the Representative will notify the City in writing, stating why the work is not in compliance with the requirements, etc., and that federal funds for the project are considered in jeopardy. (C) The Consultant shall advise the State's Highway Disadvantaged Business Coordinator when it appears any Disadvantaged Business Enterprise (DBE) is in need of assistance. The Consultant shall make every effort to assist the Contractor or any Subcontractor in interpreting Plans and Specifications. (D) Prior to the start of construction, the Consultant shall respond and be on the project with no more than 24 hours written notice by the City. The Consultant in cooperation• with the City shall closely coordinate the number of people the Consultant will provider for the required staking, inspection, and field testing operations. • (E) The performance of all work under this agreement will be subject to the inspection and approval of the City and State and must be in accordance with the Construction Contractor's working schedule. (F) The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work contemplated in this agreement. (G) The completion time will not be extended because of any avoidable delay attributed to the Consultant but delays attributed to the Contractor, City or State will constitute a basis for an equivalent extension of time. (H) Whenever possible, the sampling and testing frequency and methods of construction must be done according to the current State of Nebraska Materials and Sampling Guide, and the State Standard Methods of Tests (www.dor.state.ne.us), the special provisions of the construction contract, or as may be directed by the State Representative. If the Guide does not apply or cannot be followed for some good reason, then the Consultant shall follow the direction of the State Representative in regards to what needs to be done to provide a satisfactory result for the project. Project No. BH-501 1(7) -4 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE 1 SECTION 5. 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$1 1,627, as defined in paragraph D of this section, and up to a maximum amount of $157,966 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 $169,593. 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 prepare a supplemental agreement. The City will not be obligated for costs in excess of the maximum amount not approved in advance. C. The City is not responsible for costs incurred prior to the Notice-to-Proceed date or after the completion deadline date as stated in 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 Direct labor costs are the wages paid to employees for the time they are working directly on the project. For hourly employees, the Consultant shall bill the project at the employee's straight time hourly rate for regular hours worked and at 150% of the employee's straight time hourly rate for overtime hours paid to the employee in accordance with the Consultant's overtime policy. Regular hours must be defined as forty hours of work per calendar week performed on this project. Any hours performed by hourly employees over forty hours on this ' project per calendar week, will be eligible for overtime wages at 150% of the employees straight time hourly rate. When overtime is included in the Consultant's overhead rate calculation, the Consultant shall not bill overtime as a direct labor cost. For salaried employees, the Consultant shall determine the Project No. BH-501 1(7) -5 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE hourly earnings rate by dividing the employee's fixed annual compensation by the number of hours normally expected to be worked that year. In those pay periods when the salaried employee works more hours than normally expected and does not receive additional compensation at least equal to the normally expected hourly rate, the rate for the pay period will be determined by dividing the actual compensation by the actual hours reported. The rates shown herein for direct labor are rates estimated to be in force at the mid-point of the contract for the purpose of estimating the hourly cost of the work. 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 contract and 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 of this agreement, the following expenses will be reimbursed at the rates indicated: Automobile - $0.365 per mile Survey Vehicle - $0.39 per mile 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) Project No. BH-501 1(7) -6 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE 1 For the Consultant and its employees to be eligible for the meal allowance, the following criteria must be met. 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 of 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. (3) Overhead Costs 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. Project No. BH-501 1(7) -7 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE (4) Payments and Retention The Consultant should submit a copy of invoices to the City at monthly intervals. The invoices must present actual direct labor with regular hours and overtime hours itemized, actual overhead, and actual direct non-labor costs, as well as a prorated amount of the fixed fee for profit 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 for profit has been billed. The fixed fee for profit amount on the final invoice should be the difference between 100 percent of the agreed-upon fee and the total amount previously billed. The invoices must identify the hours worked and each individual's actual labor cost. The Consultant shall itemize direct non-labor expenses and provide a complete description of each item billed. Monthly invoices must include a progress report which indicates the percent of work completed during the period, until the work is complete. The Consultant will be paid 100% of actual cost and 100%of the fixed fee for profit until 90% of the fixed fee has been paid. The final 10% of the fixed fee for profit will be retained until completion of the work, acceptance by the City and State and a final audit.if determined necessary by the State. 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. 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, finished, 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. The Consultant shall maintain, and also require that any 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 State and Project No. BH-501 1(7) -8 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE federal government, and the Consultant shall furnish copies to those mentioned in this section, when requested. SECTION 6. CHANGE OF PLAN, ABANDONMENT, SUSPENSION AND TERMINATION: In the event the Construction Contractor does not complete the work within the contract time allowance of 243 working days, the total contract amount may be adjusted by a supplemental agreement to establish the compensation to be made for services performed after expiration of the time allowance as adjusted or extended in accordance with the Specifications. City authorized changes in the scope of services, which increase the work hours or services required of the Consultant, will provide the basis for an extension of time. Additions to the scope of services, if approved by the City, will require negotiation of a supplemental agreement. For any work beyond the scope of services, the Consultant will be required to document the additional work, estimate the cost to complete the work and receive approval from the City before beginning the work. Any of the work performed prior to approval will be done at the expense of the Consultant. The City can abandon the project or change the general scope of work at any time and such action on its part will in no event be deemed a breach of contract. The City can suspend or terminate work under this agreement at any time. The City will give the Consultant seven days written notice of the suspension or termination. If the City abandons the work, or subtracts from the work, suspends the work or terminates the work as presently outlined, the Consultant will be compensated in accordance with the provisions of 48 CFR 31, provided however, that in case of suspension, abandonment, or termination for breach of this agreement or for tender of improper work, the City can suspend payments, pending the Consultant's compliance with the provisions of this agreement. In determining the percentage of work completed, the City will consider the work performed by the consultant prior to abandonment or termination to the total amount of work contemplated by this agreement. The ownership of all engineering documents completed or partially completed at the time of such termination or abandonment, will be the property of the City and the Consultant shall immediately deliver all documents to the City. All reports, records, results and working papers arising from the work of the Consultant will be the property of the City. The Consultant shall not release or make use of same for any purpose whatever without the specific written permission of the City. Project No. BH-501 1(7) -9 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE The Consultant will be compensated for any leased or rented equipment required on the project for the remaining time of a lease or rental contract up to a maximum time of thirty days from the date of written suspension or termination, less any credit the Consultant receives from the lessor, provided that the Consultant cannot utilize the equipment on another project. SECTION 7. PROFESSIONAL CARE: The Consultant understands that the City will rely on the professional performance and ability of the Consultant. Any examination by the City or the State, or any acceptance or use of the work product of the Consultant, will not be considered to be a full and comprehensive P examination and will not be considered an approval of the work product of the Consultant that would relieve the Consultant from any liability or expense that would be connected with the Consultant's sole responsibility for the propriety and integrity of the professional work to be accomplished by the Consultant pursuant to this agreement. That further acceptance or approval of any of the plans or work of the Consultant by the City and State 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. If the Consultant discovers errors in its work, the Consultant shall notify the City 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. SECTION 8. CITY TO FURNISH (1) Project Manager or City contact person to assist the Consultant as required by the State. (2) Two sets of project construction plans. SECTION 9. CONSULTANT TO FURNISH OR PERFORM: The Consultant shall furnish and do the following items and services: (1) Hard hats or orange ball caps when hard hats are not required, orange vest or orange shirt, safety-toed shoes, eye and ear protection and will wear them when on the project site. Projects associated along railroad areas may restrict the use of hard hats, ball caps, vests or shirts of certain colors. The Consultant shall coordinate with the State Representative and the railroad company as to specific project requirements for that railroad area. Project No. BH-501 1 7 ( ) -10 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE (2) All sampling and testing as required in the current State Materials Sampling Guide and the State Standard Methods of Tests (www.dor.state.ne.us) or applicable AASHTO or ASTM procedures. (3) All portable surveying signs, consultant to install and remove. (4) Submit copies of the field tests each week to the City's Project Manager and State Representative. (5) Prepare contractor change orders. (6) Construction stakes, nails and flagging material for survey party. (7) Plant inspection of concrete materials for project. (8) Calibrate and check testing and sampling equipment prior to commencing work. (9) Project signing plan. (10) Signs, and check reflectivity of barricades. (11) Holiday detector. (12) The Consultant shall perform all required services under the direct supervision of a registered Professional Engineer licensed to practice in the State of Nebraska. (13) Prepare and keep: detailed notes, computations and measurements, records of quantities of pay items used in the work, records of those materials entering the work site, the tests or basis of acceptance of these materials, and a daily record of the contractor's operation and project work. Also, included will be Wage Interview Reports, working day reports, contractor progress estimates, contractor payrolls and statements of compliance and evaluation reports of the contractor. The wage interview report needs to be completed every six months. (14) Provide copies of the reports, estimates, statement, and evaluations to the City and the State Representative as per their desired schedule. (15) Project staking including, but not limited to staking the centerline, bench levels, control point tie out, and construction reference points, and final measurements. (16) Upon completion of the work, the Consultant shall prepare As-Built plans in black ink on full size plan sheets and a summary of the final quantities of all contract items, which together with all original notes, computations, measurements, and records outlined in this agreement for submittal to the City. (17) The Consultant shall certify in writing as to the completeness of the reports, verifications and analyses, and shall affix to the summary sheets the signature of a Professional Engineer employed by the Consultant licensed to practice in the State of Nebraska. Project No. BH-501 1(7) -1 1 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE (18) The Consultant shall deliver the completed As-Built plans and the final quantities, related documents to the City no later than forty-five calendar days after the City and State accept the construction of this project. If the delivered As-Built plans and the final quantities are not complete cr accurate to the satisfaction of the City and State,the City will return them to the Consultant for correction and completion. The Consultant shall make the corrections without expense to the City and return them to the City within ten working days from the date of receipt. Additional work required to complete previous incomplete submittals will be paid for according to the FEES AND PAYMENTS section in this agreement. The time used by the City to review the As-Built plans and the final quantities or any delays not attributable to the Consultant will not be counted in determining the calendar days the Consultant used in completing the As-Built plans and the final quantities. If the Consultant fails to deliver the acceptable completed As-Built plans and the final quantities to the•City within the time frame described in this agreement, liquidated damages in the amount of$100 dollars will be charged for each additional calendar day that the work remains uncompleted. SECTION 10. OWNERSHIP OF DOCUMENTS All surveys,tracings,plans,specifications, maps, computations, sketches,charts, and other data prepared and obtained under the terms of this agreement, are the City's property and the Consultant shall deliver them to the City without restriction or limitation as to further use. SECTION 11. 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 solely for the Consultant,to solicit to secure this agreement, and that it has not paid or agreed to pay any company or person,other than bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee,gifts,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 can 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, percentage, brokerage fee,gift, or contingent fee. • Project No. BH-501 1(7) -•1 2 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE , SECTION 12. NON-RAIDING CLAUSE: The Consultant shall not engage the services of any person or persons presently in the employ of the City or State for work covered by this agreement without the prior written consent of the employer of such persons. SECTION 13. GENERAL COMPLIANCE WITH LAWS: The Consultant hereby agrees to comply with all Federal, State and local laws and ordinances applicable to the work. SECTION 14. DISPUTES: Any dispute concerning a question of fact in connection with the work not disposed of by this agreement, which will affect federal funding, must 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. SECTION 15. RESPONSIBILITY FOR CLAIMS AND LIABILITY: 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 Consultants, subconsultants, agents, or its employees. In this connection, the Consultant shall for the life of this agreement, carry insurance of the following types in at least the following amounts: 1. Bodily Injury and Property Damage with a combined single unit of liability of $500,000 each occurrence or Bodily Injury General and Automobile $250,000 each person General and Automobile $500,000 each occurrence Property Damage General and Automobile $250,000 each occurrence General $ 500,000 aggregate 2. Workmen's Compensation - Statutory • The insurance referred to in Number 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. Project No. BH-501 1(7) -13 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE SECTION 16. SUCCESSORS AND ASSIGNS: This agreement is binding on successors and assigns of either party. SECTION 17. DRUG-FREE WORKPLACE POLICY: The Consultant shall have on file with the State an acceptable drug-free workplace policy. SECTION 18. FAIR EMPLOYMENT PRACTICES ACT: The Consultant agrees to abide by the provisions of 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. SECTION 19. 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. SECTION 20. DISADVANTAGED BUSINESS ENTERPRISES: (A) Policy The Consultant agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 26 will have the maximum opportunity to participate in the performance of subcontracts 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 incorporated by this reference into this agreement. (B) Disadvantaged Business Enterprise Obligation The Consultant agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 26 have the maximum opportunity to participate in the performance of subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, the Consultant shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure the disadvantaged business enterprises have the maximum opportunity to compete for and perform subcontracts. The Consultant shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. Failure of the Consultant to carry out the requirements set forth above shall constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the City and State. 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 subcontracts. Project No. BH-501 1(7) -14- Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE SECTION 21. NONDISCRIMINATION: A. Compliance with Regulations: During the performance of this agreement, the Consultant, for itself and its assignees and successors in interest, agrees to comply with the regulations of the DOT relative to nondiscrimination in federally-assisted programs of the DOT (49 CFR 21 and 27, hereinafter referred to as the Regulations), which are hereby made a part of and included in this agreement by reference. B. Nondiscrimination: The Consultant, with regard to the work performed by it after award and prior to completion of this agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of Subconsultants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the agreement covers a program set forth in Appendixes A, B, and C of 49 CFR 21. C. Solicitations for Subcontracts, 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 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 so certify to the 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 State will impose such agreement sanctions as it or the 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. Project No. BH-501 1(7) -15 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE F. Incorporation of Provisions: The Consultant shall include the provisions of paragraph 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 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 State enter into such litigation to protect the interests of the State, and in addition, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. SECTION 22. SUBLETTING ASSIGNMENT OR TRANSFER: Any 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. If the Consultant chooses to utilize any Subconsultant for work covered under this agreement, the Consultant shall enter into an agreement with the Subconsultant. All Subconsultant agreements for work covered under this agreement in excess of $10,000.00 shall contain all required provisions of this agreement. No right of action against the City shall accrue to any Consultant 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 subcontracts. Any written request to sublet any other work must include documentation of efforts to employ a minority business enterprise. SECTION 23. FINANCIAL INTEREST LIMITATIONS: 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. Project No. BH-501 1(7) -16- Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE SECTION 24. CONFLICT OF INTEREST By signing this agreement, the Consultant certifies that it has no financial or other interests in the outcome of this project. SECTION 25. 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 nor any person associated with the firm in the capacity of owner, partner, director, officer, principal investor, project director, manager, auditor, or any position involving the administration of federal funds: a) has employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant)to solicit or secure this agreement, or b) has agreed, as an express or implied condition for obtaining this agreement, to • employ or retain the services of any firm or person in connection with carrying out •.:5 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 Project No. BH-501 1(7) -17 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE e r 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 City 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. 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 that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the City or State without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. The Consultant in a covered transaction may rely upon a certification of a prospective Subconsultant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A Consultant may decide the method and frequency by which it determines the eligibility of its principals. 9. Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Consultant is not required to exceed that which is • normally possessed by a prudent person in the ordinary course of business dealings. Project No. BH-501 1(7) -18 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE 10. Except for transactions authorized under paragraph 6 of these instructions, if the Consultant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the City may terminate this agreement. 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. SECTION 26. CERTIFICATION OF CITY: After being duly sworn on oath, I Mike Fahey , by signing this agreement do certify that the Consultant or its representative has not been required, directly or Project No. BH-501 1(7) -19 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE r inout this indirectly as an express or implied condition in connection with obtainingor carrying p P rY 9 agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay or agree to pay to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this certification 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. SECTION 27. 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, either oral or written hereto. Project No. BH-501 1(7) -20 - Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE 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 /( B407.SC R ) )ss. 0 L(61 L*5 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 4''1°ry , 2004. HDR ENGINEERNIG, INC. • Title sr• v;'Lo P.�f,da<,4-- Subscribed and sworn to before me this / 2 itday of i64 a .4-7eiY , 2004. GENERAL NOTARY-State of Nebraska voripma EUZABETH A.CAITO My Conn.Exp.Jun818,2007 Not Public EXECUTED by the City this // day of J � , 2004. WITNESS: _ THE CITY OF OMAHA, NEBRASKA City Clerk.. ' Mayor < STATE OF NEBRASKA DEPARTMENT OF ROADS Approved as to form Roadway Design Engwierer 4— Z per/ Date AGRCODING APPROVED AS TO FORM: DEPUTY CITY ATTORNEY Project No. BH-501 1(7) -21 - X K Q 4 1 7 Control No. 22105 OLD MILL FRONTAGE ROAD BRIDGE • • • • - •- PROJECT LOCATION .. • a • •.t▪{,►Ito ..?�' :: ,rVY. t_:�;,4:�Zf_ +.`'?++:.' .:�.K I,.yr,Ff`,`f yzr,.;.,y:.` '''= ...r!rc.11:. Wit'•-" •.O:t':.,••i i. . i,. 0%' r i t:I::, C'i"4: r PIZ:;1,•,:..y4 i .,yl{?trf. :; I!��.y.. ••�'.;` ;l:j ..f'•:bE3";.{c•'.. „aa'tlj.(�•� •�," t� .ye-t+:F �L.:i;+,'.r. .:, <��3£Eil�flt .a:, ��7•• .t:, i..:`� .v)+: ,,.. 1- .C.Y,1'tF:c•,, i'^'75. � ^E' - 'o• 7 .c,, W.,.7' ,7.',1i'-,a,.. 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'3,era a <' • • •t- r :'1:ci 1 }.,' f.,_ t14 ../1 ..�a aW .ax t {{ `i4:.`f �7t 1r.•,'ri"• `° • ---1 4:': ,•,}1(rl/r) ,A,17r ft:iit )" 11;F:Yl,q,j,.,{(134 •. t<.tYi,7[' 1i _.ii :1 .'E'•., :'. . w''' ' SI:•lip.I,e.`a:u'w.�a•_i2�L+.,..LJ,I,I .kk.�a�,y.t..1i•�/:`... .'.- • • • • • I T 11 1£11 1.• . - : . PROJECT No.: •BH-5 all.(7•) _ HIB /1 : • Control',.No. 22105 ' . :' ` • • • 1 OF`1 • •••OLD MILL .FRONTAGE ROAD. BRIDGE .` • : - WI, ONE COMPANY 1 Many Solutions February 5,2004 • . ' Mr,Ron Neal ' • City of Omaha, • • Public Works Department ' - 1819'Farnam Street. Omaha,NE 68183 . • • RE:", Construction Engineering Services . • - Old Mill North Frontage Road Bridge Over Big Papio • . City of Omaha Project No.OPW 50049 ' • HDR Project No. 11015 - • Dear Mr.Neal: ' Transmitted herewith are the revised fee proposal and the scope of services for the • • • above referenced project. The fee proposal and the scope of services were revised per your verbal comments to reflect the following: 1. Reduced the Man-hours for the lead representative to reflect a part.time • • status based on 32 hours per week maximum for.the duration of the project • with no allowance for overtime. , 2. • Project management and consultation hours were reduced.. 3. The fee for our•subconsultant,Batheja and Associates,Inc.was reduced . • - - from$25,902.79 to$22,922.47. • . 4. The fee for our subconsultant?beile Geotech.Inc.was reduced from $14,563.00 to$6.614.00. The reduction in fee-was based on the . assumptions that the HDR field representative will perform all the field - 1 concrete testing and make and deliver the cylinders to our subconsultant for - • compression tests. Also,Prestressed Concrete girder inspection and testing • • was eliminated. Instead,the girders acceptance will be based on a letter of " . compliance from the concrete fabricator. • • The above changes resulted in the fee to be revised from$206,497.00 to • • $169,593.00. • • If this meets with your approval,please forward.our request•to Mr.Randy ElDorado; • • Agreements Engineer for NDOR,for his review and approval, • , We look forward to your favorable response. If you have any questions,-please • contact me at 399-1331. Sincerely, . HDR NG VEERING,INC. • . • •Iu sein Khalil ' ' Project Manager . Enclosure • - 1 o PROJECT No. BH-5011(7) : • EXHIBIT- "B" • • • Control No. 22105 . •• 1 of 17 • OLD MILL FRONTAGE ROAD BRIDGE ` . • CONSTRUCTION ENGINEERING SERVICES PROJECT NO. OPW 50049 OLD MILL NORTH FRONTAGE ROAD BRIDGE OVER BIG PAPIO CITY OF OMAHA SCOPE OF SERVICES 1. IN PRODUCTION The following Scope of Services and cost proposal provides for Construction Engineering Services for the Old Mill North Frontage Road Bridge Over Big Papio project. The following tasks are included; mobilization, preconstruction conference, coordination, field observation, construction staking, testing services, final documents, project administration, shop drawing review, girder shim calculations, and construction consultation. 2. MAJOR ASSUMPTIONS During the preparation of this proposal, certain assumptions have been made to help define work tasks, level of effort, and other project activities. Major assumptions are as follows: A. Inspection procedures will be based on Nebraska Department of Roads criteria, particularly the 1997 Standard Specifications for Highway Construction including Supplemental Specifications and Special Provisions, the Nebraska Road Construction Manual, and the Nebraska Materials and Test Manual, copies of which will be provided by the State. B. The Consultant will provide personnel for field inspection, construction staking, compaction tests, make concrete cylinders,test concrete cylinders, provide Portland cement concrete batch plant inspection, preparation of final documents, project administration, shop drawing review, girder shim calculations, and construction consultation. C. The girders acceptance is based on a letter of certification prepared by the girder manufacture. Should it appear at a later date than a more hands on girder fabrication inspection is required, than a supplemental agreement will be prepared to add the costs associated with the girder fabrication inspection. D. It is assumed that the Contractor will initiate construction February 9, 2004 and complete construction no later than October 8, 2004, which allows the contractor 243 calendar days to complete the project, and do not account for delays due to weather which do count against the calendar day count. It is further assumed that some of the contractor' s operation will not require the consultant staff to be present. Consultant staffing for field personnel is based on the assumed construction schedule included with the fee proposal. It is further assumed that a no overtime hours will be required. . PROJECT No. BH-5011(7Y EXHIBIT "B" Control No. .22105 2 of 17 OLD MILL FRONTAGE ROAD BRIDGE Deviations from this schedule including time extensions, multiple efforts by the Contractor, etc. will be documented as additional services for use in the preparation of a supplemental agreement should it appear that actual costs will exceed the maximum limiting amount as set forth in the agreement. 3. CONSTRUCTION ENGINEERING SERVICES The following is a detailed description of the Construction Engineering Services to be performed as a part of this agreement. A. PRECONSTRUCTION SERVICES 1) Mobilization - Assign appropriate personnel to the project. Review construction plans, specifications, and special provisions. Coordinate preconstruction conference so that all utilities and other parties involved with the project will have an opportunity to be represented. Prepare field books and other construction documentation items. 2) Preconstruction Conference- Conduct the preconstruction conference and prepare minutes of the meeting for dissemination to all parties attending. 3) Coordination- Coordinate engineering services with Contractor's schedule, utility relocations,and the State. B. PRECONSTRUCTION SERVICES 1) Field Observation -Provide project manager, field representative, and technicians as required by an assumed Contractor's schedule. The project manager and field representative will conduct weekly meetings with the Contractor, the State's Project Manager, City of Omaha representative, utilities involved with current construction activities, and other concerned parties. Minutes of these meetings will be prepared and disseminated to all parties attending. 2) Construction Staking-Provide the necessary construction staking and geometry control during construction. These services will be provided by Batheja& Associates. 3) Testing Services - Provide Compaction tests on structural backfill, make concrete cylinders, test concrete cylinders, provide Portland cement concrete batch plant inspection and inspect concrete girders at the Fabricator's shop. These services will be provided by Thiele Geotech,Inc. 4) Final Documents - Conduct final inspection of the project with representatives of the State, the City of Omaha, and the Contractor. Upon final acceptance of the project by the State and the City of Omaha, prepare final documents and as built drawings. PROJECT No. BH-5011(7) EXHIBIT "B" Control No. 22105 _"3 of 17 OLD MILL FRONTAGE ROAD BRIDGE C. PROJECT ADMINISTRATION Provide overall project management including monthly reports and subconsultant administration. Monitor project progress and assign appropriate personnel to match the Contractor's schedule. Assist the State with processing the Contractor's pay estimate, and weekly reports. Provide assistance for clarification of Plans and Specifications so that the Contractor is in general conformance with the contract documents. 4. DESIGN COORDINATION SERVICES A. SHOP DRAWING REVIEW The number of man-hours for shop drawing review was estimated by HDR based on the anticipated effort. B. GIRDER SHIM CALCULATIONS Process field elevation shots taken on the top of each girder at the tenth or twentieth points of the girders. Girder shims shall be calculated at each location and provided to the Contractor through the Consultant's field personnel. A copy of the girder shims shall also be provided to the city of Omaha and the State's Project Manager. The field elevation shots will be taken by Batheja& Associates and the girder shim calculations will be performed by HDR. C. CONSTRUCTION CONSULTATION Representatives of HDR shall be available to respond to fabrication and field questions and proposed changes. HDR will also be available to make site visits and evaluate conflicts, which may arise during construction. PROJECT Na:' BH-5011(7) . EXHIBIT "B" Control No. 22105 4 of 17 OLD MILL FRONTAGE ROAD BRIDGE 1 REVIEW OF SHOP DRAWINGS, GIRDER SHIM CALCULATIONS, AND CONSTRUCTION CONSULTATION A. SHOP DRAWINGS 1. HDR Engineering shall review and approve the detailed shop drawings submitted by the City's Contractor. 2. HDR Engineering shall as a minimum: a) Review the geometry of the structure for principal dimensions. b) Review all main and detailed material for general conformance with the requirements of the contract plans and specifications. d) Return to the City's Engineer all sets of prints, except one, with each sheet bearing the approval stamp and signature of a Professional Engineer licensed in Nebraska. Each sheet shall also bear the date, City's Project No., Structure No. and File No. Return each sheet within two weeks after receiving it. Make all notations in red • pencil on all copies. e) Consult with the City's Engineer any time if seems necessary to make a major change in materials or details from that specified by the contract plans. f) Return two prints of each disapproved sheet to the City's Engineer. 3. The Consultant shall obtain the City's approval for any deviation from the contract plans and specifications. B. GIRDER SHIM CALCULATIONS 1 Subconsultant(Batheja and Associates)shall obtain top of girder elevations at points designated by the HDR Engineering. 2. HDR Engineering shall calculate the girder shims of each point and provide the results to the Consultant who shall forward them to the City and to the Contractor. C. CONSTRUCTION CONSULTATIONS 1. HDR Engineering shall respond to fabrication and field questions and proposed changes with regard to bridge construction. PROJECT No. BH-5011(7) EXHIBIT "B" Control No. 22105 5 of 17 OLD MILL FRONTAGE ROAD BRIDGE 2. HDR Engineering shall respond to field questions and proposed changes with respect to roadway construction. 3. HDR Engineering shall make site visits to evaluate field questions and proposed changes. 4. HDR Engineering shall make plan revisions required as a result of proposed field changes. NOTE: For all items under C above,HDR Engineering shall only perform this work upon approval of the City or their authorized representatives. PROJECT No. BH-5011(7) EXHIBIT "B" Control No. 22105 6 of 17 OLD MILL FRONTAGE ROAD BRIDGE Project No.OPW 50049 Old Mill North Frontage Road Bridge Over Big Papio Construction Engineering,Shop Drawing Review and Construction Consultation Organization Chart • City of Omaha Project Principal Matt Tondl,PE Project Manager Hussein Khalil, SE,PE Construction Observation Shop Drawing Review Girder Shims Cory Heitman &Constr. Consultation Hussein Khalil Phil Rossbach Dustin olds Al Nelson PROJECT No. .BH-5011(7) EXHIBIT "B" Control No. 22105 7 OF 17 Project No. OPW 50049 Old Mill North Frontage Road Bridge Over Big Papio Construction Engineering,Shop Drawing Review and Construction Consultation Field Observation Manhour Estimate - HDR Hours for the Classification: Month Calendar Principal PM/Senior Field Repr. Steno/ Total Days Engineer Regular Hrs* OT Hrs.** Clerical Feb 21 2 48 96 0 4 150 Mar 31 1 32 152 0 4 189 Apr 30 1 32 150 0 4 187 May 31 1 32 136 0 4 173 Jun 30 1 32 160 0 4 197 Jul 31 1 32 160 0 4 197 Aug 31 1 32 160 0 4 197 Sep 30 1 . 32 160 0 4 197 Oct 8 1 32 88 0 4 125 Totals 243 10 304 1,262 0 36 1,612 * Assumes a maximum of four days per week and a maximum of 8 hours per day for a total of 32 hours per week ** Assumes that no overtime time hours will be required. PROJECT No. BH-5011(7) EXHIBIT "B" Control No. 22105 8 of 17 OLD MILL FRONTAGE ROAD BRIDGE Project No. OPW 50049 Old Mill North Frontage Road Bridge Over Big Papio Construction Engineering, Shop Drawing Review and Construction Consultation • Average Hourly Rates - HDR Classification Average 2003 Weighted Percent Rate 2002 of Effort Rate PROJECT PRINCIPAL $63.84 Matt Tondl I 100% $63.84 PM/SENIOR ENGINEER $49.75 Hussein Khalil 90% $49.35 Philip Rossbach 10% $53.37 F_IELD REPRESENTATIVE $19.39 Cory Heitman I 100% $19.39 ENGINEER $26.56 Al Nelson 50% $29.41 Dustin Olds 50% $23.71. DRAFTER/TECHNICIAN $21.45 Dennis Stone 50% $23.70 Dariusz Kruszczak 50% • $19.20 STENO/CLERICAL $17.25 Theresa McKinnely 50% $20.10 Heidi Yost 30% $13.26 Beth Caito 20% $16.11 Anticipated project startup is February 9, 2004 with field work complete October 8, 2004. PROJECT No. BH-5011(9) EXHIBIT "B" Control No. 22105 9 of 17 OLD MILL FRONTAGE ROAD BRIDGE Project No. OPW 50049 Old Mill North Frontage Road Bridge Over Big Papio Construction Engineering, Shop Drawing Review and Construction Consultation Manhour Estimate for Girder Shim Computations - HDR Hours for the Classification: PM/Senior ITEM Engineer Engineer Phase 1 8 4 Phase 2 8 4 Total = 16 8 PROJECT No. BH-5011(7) EXHIBIT "B" Control No. 22105 10 of 17 OLD MILL FRONTAGE ROAD BRIDGE Project No.OPW 50049 Old Mill North Frontage Road Bridge Over Big Papio Construction Engineering,Shop Drawing Review and Construction Consultation Manhour Estimate for Shop Drawing Review-HDR ESTIMATED NUMBER OF ITEM SHOP DRAWINGS Bearing Devices 1 Concrete Girders(Layout, Strands, Reinforcement, Inserts) 4 Anchor bolts for Light Poles 1 Nose Angle at Piers 1 TOTAL= 7 HOURS PER SHOP DRAWING SHEET Classification No.of Hours No.of Shop Total Per Sheet Drawings Hours PM/Senior Engineer 0.5 7 3.5 Engineer 1.5 7 10.5 Steno/Clerical 0.5 7 3.5 TOTAL 2.5 17.5 • PROJECT No. BH-55011(7) EXHIBIT "B" Control No. .22105 11 of 17 OLD MILL FRONTAGE ROAD BRIDGE. A, ' '' Project No.OPW 50049 Old Mill North Frontage Road Bridge Over Big Papio Construction Engineering,Shop Drawing Review and Construction Consultation Fee Summary Estimated Direct Labor Field Observation and Project Management Estimated Average Total Manhours Hourly Labor Classification 2003 Rate Cost Project Principal 10 $63.84 $638 Project Manager/Senior Engr. 304 $49.75 $15,124 Field Representative(Regular Hrs.) 1262 $19.39 $24,470 Field Representative(OT Hrs.) 0 $29.09 $0 Steno/Clerical 36 $17.25 $621 1612 Subtotal $40,854 Estimated Direct Labor,Shop Drawing Review Estimated Average Total Manhours Hourly Labor Classification 2003 Rate Cost Project Manager/Senior Engr. 3.5 $49.75 $174 Engineer 10.5 $26.56 $279 Steno/Clerical 3.5 $17.25 $60 17.5 Subtotal $513 Estimated Direct Labor,Girder Shims Estimated Average Total Manhours Hourly Labor Classification 2003 Rate Cost Project Manager/Senior Engr. 16 $49.75 $796 Engineer 8 $26.56 $212 24 Subtotal $1,008 Estimated Direct Labor,Construction Consultation Estimated Average Total Manhours Hourly Labor Classification 2003 Rate Cost Project Manager/Senior Engr. 20 $49.75 $995 Engineer 40 $26.56 $1,062 Drafter/Technician 10 $21.45 $215 70 Subtotal $2,272 Estimated Direct Labor With Shop Drawing Review,Girder Shims and Construction Consultation $44,647 OVERHEAD ( 160.41% of Direct Labor) $71,619 Facilities cost of Capitol 0.6371°0 Direct Labor) $284 Estimated Direct Expenses Travel Principal/PM 8 months @ 10 trips/m 400 miles Field Repr. 8 months @ $516 Travel Costs j Principal/PM 400 miles @ $0.365 $146 Field Repr. 8 months @ $516.000 $4,128 (car Lease) 8 months @ $100.000 $800 (Fuel) Field Supplies 8 months @ $50.000 $400 Printing&Copying 1000 copies @ $0.080 $80 Technology Recovery Costs 1000 hours @ $4.100 $4,100 Job Site Telephone 11 months @ $75.000 $825 Photographs 1000 prints @ $0.400 $400 Postage 100 mailings @ $10.000 $1,000 $11,879� $11,879 ESTIMATED HDR ACTUAL COSTS $128,430 SUBCONSULTANT-Betheja&Assocites $22,922 SUBCONSULTANT-Theile Geotech $6,614 FIXED FEE(10%of Labor+OH) S11,627 MAXIMUM TOTAL FEE $169,593 PROJECT No. .BH-5011(7) EXHIBITS" Control No. .22105 12 of 17 OLD MILL FRONTAGE ROAD BRIDGE Feb . 4, 2004 6:25PM Thiele Geotech , No .3315 P. 5 - w Material Testing Proposal February 4,2004 Exhibit B Construction Testing Estimate Worksheet Old Mill North Frontage Road Bridge 2/4/04 108th &West Dodge Road Omaha,NE Description Estimated Unit Estimated Quantity Rate Cost Structural Backfilt Compaction Test(ea.) 5 $ 26.00 $ 130.00 Trip Charge-Zone 1 (!trip} 5 $ 38,:00 $ 190 00 Portland cement concrete batch plant control-Phase 1 and 2 Level Ill Technician(ihr) 80 $ 50,00 $ 4.000.00 Compressive Strength Testing Compressive Strength of Cylinder(ea.) 81 $ 14.00 $ 1,134..00 Miscellaneous Senior Engineer(hr.) 2 $ 11000 $ 220 00 Technical Project Manager 4 $ 85,00 $ 340.00 Standard Proctor(ea.) $ 135.00 $ - Atterberg Limits(!set) $ 62,00 $ - Subtotal $ 6,014,00 Contingency discretionary tests,retests,and other tests not listed 10% $ 600 00 Total $ 6,614.00 ;f PROJECT No. ,BH-501'1(7) EXHIBIT "B" Control No. 22105 13 of 17 OLD MILL FRONTAGE ROAD BRIDGE RECEIVED TIME FEB. 4. 5:29PM PRINT TIME FEB. 4. 5: 30PM c-25a • CITY OF OIVIAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, construction engineering services are needed for the construction of the Old Mill North Frontage Road Bridge. This project is identified as Project No. BH-5011(7) and State Control No. 22105, and City of Omaha construction contract No. OPW 50049. It is part of the overall project to improve US-6 (West Dodge Road) from approximately Interstate I- 680 to 129th Street, which was approved by City Council Resolution No. 2991 on November 27 2001; and, WHEREAS, HDR Engineering, 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$169,593.00, which will be paid from the year 2000 Street and Highway Bond, Organization 116167, Fund 13175, and in accord with the original agreement with the State of Nebraska Department of Roads, 80% of this cost will be reimbursed by the Federal Bridge Rehabilitation Fund; 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 HDR Engineering, Inc, for construction engineering services for the construction of the Old Mill North Frontage Road Bridge, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay $169,593.00 for these engineering services from the year 2000 Street and Highway Bond, Organization 116167, Fund 13175. APPROVED AS TO FORM: P:\PW2\14019maf.doc —/,aq CITY ATTORNEY DATE Y a • ou By ncilmember Adopted — 9 2004 City Clerk Approved )11 J�� Mayor b td '�0 cm 1. I! III CD c CD CD x CD bO CD `s CD O 1 n. � O 0 a CD 7h tii Z o °` , cD . 4 crta Cri v- • o• n �\ 0\ : : : . 0 crc? 7 � o��aZc � ... ,-". ,--• 0 ,-t 0 ..•CM \ cra CD CD va (-) ~ x0 � � 0 0 5 �' 'F ,-c cn ‘-C CD CD CD ,I C4