RES 2004-0214 - Agmt with Kirkham, Michael & Associates Inc for widening of Harrison St from 144th to 147th Sts t!)
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R E C E I V E D Public Works Department
r: Omaha/Douglas Civic Center
February 24, 2004 Q4{ FEB 321819 Farnam Street,Suite 601
J # Omaha,Nebraska 68183-0601
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o' °r��ry CITY 1 Y t'` S`r Telefax(402)444-5248 UV/City of Omaha , NormJackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving Supplemental Agreement No. Four to the
Engineering Services Agreement with Kirkham, Michael & Associates, Inc. (KMA) for
construction management services in the widening of Harrison Street from approximately 144th
Street to 147th Street. The Council approved a contract with Charles Vrana & Sons by
Resolution.No. 28 on January 13, 2004 to construct the improvement.
Supplement No. Four includes construction management services for the project. In addition,
there are small changes in the final design of the street improvements due to input from the
public. The prior agreements with KMA are unchanged except where specifically modified by
Supplemental Agreement No. Four. Details of the changes are included in Exhibit "A" to the
Supplement.
KMA has agreed to perform the additional services detailed in the attached agreement for a fee
of$49,000.00. This cost will be split equally between Sarpy and the City. The City's cost is
payable from the 2000 Street & Highway Bond, Organization 116167, Fund 13175, year 2004
expenditure.
The Public Work Depaitnient requests your consideration and approval of the attached
Resolution and Supplemental Agreement No. Four.
Respectfully submitted, Referred to City Council for Consideration:
Norm Jackman, P.E. Date Mayor's Office Date
Acting Public Works Director /
Approved as to Funding: Approved:
-144 ,f14 ,d-/9
Stanley P. T. mi440 Date Gail Kinsey hompson Date
Finance Director Human Relations Director
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A . .
SUPPLEMENTAL AGREEMENT NUMBER FOUR
TO
ENGINEERING AGREEMENT
FOR •
HARRISON STREET, 135TH STREET TO 147TH STREET
PROJECT NO. SP 89-15 (KM-980945)
THISS SUPPLEMENTAL AGREEMENT, made and entered into this ,7517lay of
reer-u4/t , 2004,by and between the City of Omaha, acting by and through its
Mayor and City Council, hereinafter referred to as the"City", and Kirkham, Michael &
Associates, Inc., a corporation of the State of Nebraska, hereinafter referred to as the
"Consultant".
WITNESSETH:
WHEREAS, the City and Consultant are parties to a previous agreement between
Douglas County and the Consultant of which the City has been assigned the contract by
virtue of annexation dated the fifth day of May, Nineteen Eighty-Nine, for the design of
improvements of Harrison Street from 135th Street to 147th Street, hereinafter referred to
as the"Original Agreement" and
WHEREAS, the Original Agreement was amended by Supplemental Agreement
Number One to have the Consultant provide engineering services for the preparation of
final design plans for the improvements of Harrison Street from 135th Street to 147th
Street, and
WHEREAS, the parties of the referenced agreement agreed, under Supplemental
Agreement Number One, that the City of Omaha assumes responsibility for amendments
to the referenced agreement, and
WHEREAS, the preparation of final design plans necessitates revisions to the
roadway design due to changing conditions, and
S:\980945\steno\Supplemental Agreement 4\Supp Agree4.doc
WHEREAS, the City desires the Consultant to perform this change in work scope
and the Consultant is willing to provide these engineering services in accordance with the
terms hereinafter provided, and
NOW, THEREFORE, in consideration of these facts, the parties hereto agree as
follows:
I. GENERAL TERMS OF AGREEMENT All terms and conditions contained in
the Original Agreement between the parties shall be binding to both parties with the
exception of the amendments contained hereinafter.
II. GENERAL DESCRIPTION OF SUPPLEMENTAL SCOPE AND CONTROL
OF WORK The Consultant, upon receipt of Notice-to-Proceed shall perform all services
required under this Supplemental Agreement for the project as outlined in the attached
Exhibit "A"through Exhibit"B", hereby made a part of this Supplemental Agreement.
III. TIME OF BEGINNING AND COMPLETION The Consultant shall begin work
on the tasks indicated in Exhibit"A" after the supplemental agreement is approved by the
City and upon receipt of written "Notice to Proceed" from the City. The anticipated final
design for Phase 2, Harrison Street, 135th to 144th shall be completed based upon the
City's desire to let the project in the early summer of 2004. The time for completion
shall be equitably adjusted for delays not the fault of Consultant.
Delays grossly affecting the completion of the work within the time specified for
completion attributable to or caused by the Consultant or the City shall be considered as
cause for termination of this agreement by the other.
It is, hereby, mutually agreed that the City has continuing rights to work progress
inspections and any and all additions, deletions, changes, elaborations, or modifications
of the services to be performed under the terms of this agreement, which may from time
S:\980945\steno\Supplemental Agreement 4\Supp Agree4.doc 2
1
to time be determined by the City as desirable or preferable, shall be controlling and
governing.
V. FEES AND PAYMENTS The City shall pay Consultant for engineering services
as follows:
a. A lump sum fee of Forty Nine Thousand Dollars ($49,000) for all services
described in Exhibit "A", Modifications of Final Design Plans. The basis of the lump
sum fee was established as provided in Exhibit"B".
b. Progress Payments
The Consultant shall submit monthly invoices, which shall be based on the percentage of
work completed during the calendar month. The monthly payments shall be based upon
the satisfactory prosecution of the work and shall be substantiated by monthly progress
reports. The City will make monthly payments until a maximum of 95 percent has been
paid. The final five percent will paid to the Consultant when the City and State accepts
the work. The City will make every effort to pay the Consultant within 30 days of receipt
of the Consultant's invoice.
The acceptance by the Consultant of the final payment shall constitute and operate as a
release to the City for all claims and any liability to the Consultant, his representatives
and assigns for any and all things done, furnished or relating to the services rendered by
the Consultant under or in connection with this Supplemental Agreement or any part
thereof.
The Consultant shall also be responsible to determine when a change in the work scope
necessitates an increase in the lump sum account. When the Consultant determines that
an increase is in order,he will be required to estimate the additional costs necessary to
complete the additional work, document the reasons for this increase, and receive prior
approval from the City in writing before expenditures beyond the lump sum amount are
S:\980945\steno\Supplemental Agreement 4\Supp Agree4.doc 3
incurred. The City shall not be obligated to reimburse the Consultant for costs, which
have not been approved in excess of the lump sum amount.
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EXECUTED by the Consultant this day of Jan 7 , 2004.
ATTEST: KIRKHAM, MICHAEL & ASSOCIATES, INC.
ttrIStaeebraska
ENERAL of N
(Seal) '' 'D ROARYHAUGE
My Comm.Exp.Ate 22,2006
4. 7 ti
Consultant
of >y Public (e- --C2-7 a •e-- .4,,e,(„_,, -
Title
EXECUT by li
EDc City of Omaha this I'day of F. ),-cca, , 2004.
J,
Ci. Clerk -- •,, _ Mayor of the Ci of Omaha
APPROVED:�^SrTO FORM
• arrt City ttorney
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EXHIBIT "A"
SCOPE OF SERVICES FOR
HARRISON STREET, 135TH TO 147TH STREETS
SUPPLEMENTAL AGREEMENT NO. 4
MODIFICATIONS TO FINAL DESIGN PLANS
The following tasks were completed or will be completed at the request of The City of
Omaha and/or Sarpy County. These tasks are each considered additional work.
1. Special Footing Design for Signal Pole in a Concrete Retaining Wall—The City
Traffic Engineer had concerns as to how and where to construct the two traffic signal
poles for the signal at 138th and Harrison. The two options were in between the
retaining wall and sidewalk or behind the retaining wall. Due to the cemetery, the
proposed retaining wall location was fixed and could not be moved. After several
discussions and evaluating options, it was agreed to incorporate the signal into the
retaining wall. Because of this, a special footing had to be designed, drafted, and
detailed.
2. Modifications to the Phasing Plans due to Utility Conflicts —In an attempt to get
this project constructed in one construction season, KM was asked to modify its
phasing plans to specifically show how the contractor would work around MUD's
36" water main that needs to be lowered because of the project. This required
developing a new phasing plan and redrafting that plan. Of the 16 phasing sheets, 12
had to be modified to accommodate the new phasing plan.
3. Redesign ofTract 11 —DuringRight of Waynegotiations, the owners of tract 11
g g g
expressed a strong concern about the roadway embankment encroaching into their
yard as well as the location of a proposed area inlet in their back yard. At the request
of the City Right of Way Department, the area inlet was moved and redesigned, a
retaining wall was designed for the property and the tract map and legal descriptions
for tract 11 were revised.
4. Construction Phase Services—These hours are to assist in the construction
administration duties by performing general engineering consultation, attending
construction meetings as needed, and shop drawing reviews for the retaining walls,
noise walls, and sheet pile walls. And finally, KM will complete minor revisions
necessary to complete the construction project as they arise. This will be necessary
for both projects.
5. Project Management—The Consultant shall manage these additional tasks associated
with this project.
S:\980945\steno\Supplemental Agreement 4\Supp Agree4-Exhibit A.doc Exhibit"A"
Page 1
Manhour Summary and Fee Estimate
Harrison Street Final Plans
Supplemental Agreement#4
135th Street to 147th Street
Manhour Summary
Project Prof. Registered
Task Principal Manager Engineer Technician Land Surveyo Survey Crew Clerical Total
1 Special Footing Design for the Signal Pole 4 20 16 40
2 Modifications to the Phasing Plans due to Utility 12 16 28
Conflicts
3 Revision to Tract 11
Move Manhole 19&redesign system 1 8 16 25
Design Retaining wall Layout 1 12 4 17
Revise Tract Drawings and Legal Descriptions 4 4 8
4 Construction Phase Services
Engineering Consultation Phase 1 40 40
Engineering Consultation Phase 2 80 80
Attend construction meetings(As Needed-Phase 1) 4 4
Attend construction meetings(As Needed-Phase 2) 16 16
Shop Drawing Review(Retaining Walls Phase 1) 1 4 2 7
Shop Drawing Review(Retaining Walls Phase 2) 1 16 6 23
Shop Drawing Review(Noise Walls Phase 2) 1 16 6 23
Shop Drawing Review(Sheet Pile Walls Phase 2) 1 4 2 7
Complete minor revisions(Phase 1) 4 20 20 44
Complete minor revisions(Phase 2) 8 40 40 88
5 Project Management(6%) 4 22 26
Total Manhours I 4 I 196 ( 144 1 132 I 0 I 0 I 0 I 476
Fee Summary
Classification Hours Rate Fee
Principal 4 $ 60.10 $ 240.40
Project Manager 196 $ 42.41 $ 8,312.36
Professional Engineer 144 $ 31.15 $ 4,485.60
Technician 132 $ 23.15 $ 3,055.80
Registered Land Surveyor 0 $ 36.50 $ -
Survey Crew(3 man crew) 0 $ 54.75 $ -
Clerical 0 $ 15.00 $ -
Direct Salary Cost $ 16,094.16
Overhead Cost(1.7126 X Direct Salary Cost) $ 27,562.86
Fixed Fee(12.0%) $ 5,238.84
Total of Direct Salary,Overhead Cost&Fixed Fee $ 48,895.86
Reimbursable Expenses
Plan Reproduction&Copying
Printing 50 prints @ $ 1.00 $ 50.00
Copies 100 copies @ $ 0.10 $ 10.00
Misc. $ 44.14
Mileage miles @ $ 0.36 $ -
Total Estimated Expenses $ 104.14
Estimated Total Fee $ 49,000.00
S:\980945\steno\Supplemental Agreement 4\Supp Agree4-Exhibit B.doc Exhibit"B"
Page 1
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Council approved a contract with Charles Vrana & Sons for the
construction of Harrison Street from 144th to 147th Streets by Resolution No. 28 on January 13,
2004; and,
WHEREAS, an Engineering Services Agreement with Kirkham, Michael &
Associates, Inc. (KMA) to prepare the design for this project was adopted by Ordinance No.
31788 on April 25, 1989; and,
WHEREAS, this Supplement No. Four to the professional services agreement
with KMA includes construction management services and some small changes in design due to
input from the public as detailed in Exhibit"A"to the agreement; and,
WHEREAS, KMA has agreed to perform the services listed in the attached
supplemental agreement, which by this reference is made a part hereof, for a fee of$49,000.00,
which will be paid from the 2000 Street & Highway Bond, Organization 116167, Fund 13175,
year 2004 expenditure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Supplemental Agreement No. Four to the Engineering Services
Agreement with Kirkham, Michael & Associates, Inc. to provide construction management
services for the widening of Harrison Street from approximately 144th to 147th Streets, is hereby
approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay $49,000.00 for these
engineering services from the 2000 Street & Highway Bond, Organization 116167, Fund 13175,
year 2004 expenditure.
P:\PW2\10226pjm.doc APPROVED AS TO FORM:
3 01
CITY ATTORNEY DATE
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City Clerk
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