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RES 2022-0402 - PSA with The Schemmer Associates for OPW 54202 - Q Street Retaining Wall Replacement, Millard Ave to 156th Streetsame or similar Services at the time said services are performed.Provider will re-perform any services as defined in Exhibit “B” not meeting this standard without additional compensation. H.Subsurface Investigations.In soils,foundation,groundwater,and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations,exploration,and investigations have been made.Because of the inherent uncertainties in subsurface evaluations,changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution.These conditions and cost/execution effects are not the responsibility of Provider. I.Provider's Personnel at Construction Site (where applicable) i.The presence or duties of Provider's personnel at a construction site,whether as onsite representatives or otherwise,do not make Provider or Provider's personnel in any way responsible for those duties that belong to City and/or the construction contractors or other entities,and do not relieve the construction contractors or any other entity of their obligations,duties,and responsibilities,including,but not limited to,all construction methods,means,techniques,sequences,and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. ii.Provider and Provider's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting the health or safety deficiencies of the construction contractor(s)or other entity or any other persons at the site except Provider's own personnel. iii.The presence of Provider's personnel at a construction site is for the purpose of providing to City a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s).Provider neither guarantees the performance of the construction contractor(s)nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only,construction sites include places of manufacture for materials incorporated into the construction work,and construction contractors include manufacturers of materials incorporated into the construction work. J.Construction Progress Payments.Where construction phase services are provided; recommendations by Provider to City for periodic construction progress payments to the construction contractor(s)will be based on Provider's knowledge,information,and belief from selective sampling that the work has progressed to the point indicated.Such recommendations do not represent that continuous or detailed examinations have been made by Provider to ascertain that the construction contractor(s)have completed the work in exact accordance with the construction documents;that the final work will be acceptable in all respects;that Provider has made an examination to ascertain how or for what purpose the construction contractor(s) have used the moneys paid;that title to any of the work,materials,or equipment has passed to City free and clear of liens,claims,security interests,or encumbrances;or that there are no other matters at issue between City and the construction contractors that affect the amount that should 2 Revised: 03/08/2021 be paid. K.Record Drawings.Record drawings,if required,will be prepared,in part,on the basis of information compiled and furnished by others,and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. Provider is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. III.DUTIES OF CITY A.City designates Everett Owen,whose business address and phone number are 5225 Dayton Street,Omaha,Nebraska 68117,402-686-9555 as its contact person for this project,who shall provide a notice to proceed and such other written authorizations as are necessary to commence or proceed with the project and various aspects of it. B.City Furnished Data.Upon request,City will provide to Provider all available/known data in City's possession relating to Provider's services on the PROJECT.Provider will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. C.Access to Facilities and Property.City will make its facilities accessible to Provider as required for Provider's performance of its services. D.Advertisements,Permits,and Access.Unless otherwise agreed to in the Scope of Services, City will obtain,arrange,and pay for all advertisements for bids;permits and licenses required by local,state,or federal authorities;and land,easements,rights-of-way,and access necessary for Provider's services or PROJECT construction. E.Prompt Notice.City will give prompt written notice to Provider whenever City observes or becomes aware of any development that affects the scope or timing of Provider's Services,or of any defect in the work of Provider or construction contractors. F.Asbestos or Hazardous Substances. 1)If asbestos or hazardous substances in any form are encountered or suspected,Provider will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. 2)If asbestos is suspected,Provider will,if requested and if Provider has the knowledge, skills and ability,manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. 3)City recognizes that Provider assumes no risk and/or liability for a waste or hazardous waste site originated by other than Provider. G.Litigation Assistance.The Scope of Services does not include costs of Provider for required or requested assistance to support,prepare,document,bring,defend,or assist in litigation undertaken or defended by City.All such Services required or requested of Provider by City, except for suits or claims between the parties to this AGREEMENT,will be reimbursed as 3 Revised: 03/08/2021 mutually agreed. IV.COMPENSATION AND PAYMENT A.The cost of services as specified in the Scope of Service,shall be performed on an hourly basis,but in no event shall it exceed $96,433.00.Detailed breakdown of costs shall be shown in Exhibit “C”. B.Reimbursable expenses shall be billed to the City by the Provider.Invoices billed to the City for services by the Provider shall be limited to services performed within a single calendar year.For agreements which span multiple calendar years,invoicing shall be separated between calendar years.Year-end invoices (for services through December 31 of a given calendar year)shall be submitted to the City no later than January 31 of the following calendar year.After review and approval,City shall provide payment for reimbursable expenses on a monthly basis unless the parties agree to some other schedule.Provider shall pay any suppliers or sub-contractors within 30 days of receipt of reimbursement from the City. C.Errors and Omissions.Additional work that is required to be performed by Provider that is a result of errors or omissions by Provider shall not be compensated by City. D.INCREASE OF FEES The parties hereto acknowledge that,as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows:Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a)by ten percent,if the original fee is one hundred fifty thousand dollars ($150,000)or more,or (b)by seventy-five thousand dollars ($75,000)or more,shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits.However,neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this section will be quoted in all future City contracts.Nothing in this section is intended to alter the authority of the Mayor under section 5.16 of the Charter to approve immediate purchases. V.OWNERSHIP OF INSTRUMENTS OF SERVICE The City acknowledges the Provider ’s documents,including electronic files,as instruments of professional service.Nevertheless,upon completion of the services and payment in full of all monies due to the Provider,the final documents prepared under this Agreement shall become the property of the City.The City shall not reuse on another Project or make any modifications to the documents without prior written authorization of the Provider.The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider,its officers,directors,employees and subconsultants (collectively,Provider)against any damages,liabilities or costs,including reasonable attorneys’fees and defense costs,arising from or in any way connected with the unauthorized reuse or modification of the documents by the City,regardless of whether such reuse 4 Revised: 03/08/2021 or modification is for use on this Project or another Project VI.ADDITIONAL SERVICES In the event additional services for the aforementioned Project not covered under this Agreement are required, the Provider agrees to provide such services at a mutually agreed upon cost. VII.INSURANCE REQUIREMENTS The Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers’compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII.INDEMNIFICATION The Provider agrees,to the fullest extent permitted by law,to indemnify,defend and hold harmless the City,its officers,directors and employees (collectively,City)against all damages,liabilities or costs,including reasonable attorney’s fees and defense costs,to the extent caused by the Provider ’s negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is legally liable;provided,that with respect solely to the said duty to defend,such duty of the Provider to defend shall arise only if,and to the extent,such duty is covered by Provider’s liability insurance.The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider,its officers,directors,employees and subconsultants (collectively,Provider)against all damages,liabilities or costs,including reasonable attorney’s fees and defense costs in connection with the Project,to the extent caused by the City’s negligent acts or the negligent acts of anyone for whom the City is legally liable.Neither the City nor the Provider shall be obligated to indemnify the other party in any matter whatsoever for the other party’s own negligence.The Provider shall not be liable for any loss of profit,loss of business or any incidental, special, indirect or consequential losses. IX.TERMINATION OF AGREEMENT Either party may terminate this Agreement without cause upon fifteen (15)days’notice in writing. If either party breaches this Agreement,the non-defaulting party may terminate this Agreement after giving seven (7)days’notice to remedy the breach.On termination of this Agreement,the City shall forthwith pay Provider for the services performed to the date of termination and all finished or unfinished documents,data surveys,studies,drawings,maps,models,reports or photographs shall become, at the City’s option, its property. X.GENERAL CONDITIONS A.Non-discrimination.Provider shall not,in the performance of this Agreement,discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race,color,creed,religion,sex,marital status,sexual orientation,gender identity,age,or disability as recognized under 42 USCS 12101 et seq.and Omaha Municipal Code section 5 Revised: 03/08/2021 13-89,race,color,creed,religion,sex,marital status,sexual orientation,gender identity, national origin, age, or disability. B.Captions.Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C.Applicable Laws.Parties to this Agreement shall conform with all existing and applicable City ordinances,resolutions,state laws,federal laws,and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D.Interest of the City.Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any officer or employee of the City shall have a financial interest,direct or indirect,in any City Agreement.Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E.Interest of the Provider.The Provider covenants that he presently has no interest and shall not acquire any interest,direct or indirect,which would conflict with the performance of services required to be performed under this Agreement;he further covenants that in the performance of this Agreement, no person having any such interest shall be employed. F.Authorization to Proceed.Execution of this AGREEMENT by City will be authorization for Provider to proceed with the work, unless otherwise provided for in this AGREEMENT. G.Force Majeure.Provider is not responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of Provider.In any such event, Provider ’s contract price and schedule shall be equitably adjusted. H.Intellectual Property.City acknowledges and agrees that in the performance of the development service,Provider may utilize its proprietary data,concepts,methods,techniques, processes,protocols,ideas,inventions,know-how,trade secrets,algorithm,software,works of authorship,software and hardware architecture,databases,tools,other background technologies and standards of judgment that Provider developed or licensed from third parties prior to the Effective Date (the “Pre-Existing Technology”). Subject to the terms and conditions of this AGREEMENT,Provider hereby grants to City a non-exclusive,non-transferable,royalty-free license under Provider ’s Intellectual Property Rights to utilize the Pre-Existing Technology for the purpose of the City Project. City shall not,and shall not allow any third party to:(i)modify or otherwise create derivative works of the Pre-Existing Technology;(ii)use the Pre-Existing Technology for any other purpose,other than the City Project;(iii)make,have made,use,reproduce,license,display, perform,distribute,sell,offer for sale,service,support,or import any product that incorporates,embodies and/or is based upon the Pre-Existing Technology;(iv)sublicense, distribute or otherwise transfer to a third party any of the Pre-Existing Technology by itself or 6 Revised: 03/08/2021 as incorporated into software or hardware;or (v)reverse engineer,disassemble,decompile or attempt to derive the source code or underlying ideas or algorithms of the Pre-Existing Technology. Any additional use of the Pre-Existing Technology shall require a separate written license agreement. I.Suspension,Delay,or Interruption of Work.City may suspend,delay,or interrupt the Services of Provider for the convenience of City.In such event,Provider's contract price and schedule shall be equitably adjusted. J.No Third Party Beneficiaries.This Agreement gives no rights or benefits to anyone other than City and Provider and has no third- party beneficiaries. K.Merger.This Agreement shall not be merged into any other oral or written agreement,lease, or deed of any type. This is the complete and full Agreement of the parties. L.Modification.This Agreement contains the entire Agreement of the parties.No representations were made or relied upon by either party other than those that are expressly set forth herein.No agent,employee,or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. M.Assignment.The Provider may not assign its rights under this Agreement without the express prior written consent of the City. N.Strict Compliance.All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written,and no substitution or change shall be made except upon written direction from authorized representative. O.LB 403 Contract Provisions.-NEW EMPLOYEE WORK ELIGIBILITY STATUS -The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing service within the State of Nebraska.A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,8 U.S.C.1324a,known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies:1.The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2.If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor ’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE)Program.3.The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract 7 Revised: 03/08/2021 terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. P.Certificate of Authorization.If this Agreement contemplates the performance of professional architecture or engineering work by the Provider,the Provider shall provide to the City,and maintain in good standing,a current Certificate of Authorization from the State of Nebraska as required by Neb. Rev. Stat. section 81-3436. Q.Debarment or suspension by any federal agency.(This section applies if any part of this Agreement is funded by a federal agency.)Office of Management and Budget (OMB)guidelines require that any individual or entity that has been placed on the Excluded Parties List System (“EPLS”-available for review through www.sam.gov)may not be a participant in a federal agency transaction that is a covered transaction or act as a principal of a person participating in one of those covered transactions.These guidelines apply to covered transactions under a grant from any federal agency for which a recipient expects to receive reimbursement for expenditures incurred or an advance on future expenditures. The Contractor providing goods and/or services to the City of Omaha certifies,by acceptance and execution of this Agreement,that neither it nor its principals are presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency.The Contractor further agrees,by accepting and executing this Agreement,that it will include this clause without modification in all lower tier transactions,solicitations,proposals,contracts,and subcontracts.Where the Contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this Agreement. R.Contract Compliance Ordinance No. 35344, Section 10-192 Equal Employment Opportunity Clause. During the performance of this contract, the Contractor agrees as follows: 1)The Contractor shall not discriminate against any employee or applicant for employment because of race,color,creed,religion,sex,marital status,sexual orientation,gender identity,national origin,age,or disability.The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, color,creed,religion,sex,marital status,sexual orientation,gender identity,national origin,age,or disability.As used herein,the word “treated”shall mean and include, without limitation,the following:recruited,whether by advertising or by other means; compensated;selected for training,including apprenticeship;promoted;upgraded; demoted;downgraded;transferred;laid off;and terminated.The Contractor agrees to and shall post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2)The Contractor shall,in all solicitations or advertisements for employees placed by or on behalf of the Contractor,state that all qualified applicants will receive consideration for employment without regard to race,color,creed,religion,sex,marital status,sexual orientation, gender identity, national origin, age, or disability. 8 Revised: 03/08/2021 3)The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker ’s representative of the Contractor ’s commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applications for employment. 4)The Contractor shall furnish to the Human Rights and Relations Director all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations,and including the information required by Sections 10-192 to 10-194,inclusive,and shall permit reasonable access to his records.Records accessible to the Human Rights and Relations Director shall be those which are related to Paragraphs (1) through (7)of this subsection and only after reasonable notice is given the Contractor.The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5)The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing provisions of Paragraphs (1)through (7)herein,including penalties and sanctions for noncompliance;however,in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City,the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division;and in the case of contracts receiving Federal assistance,the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. 6)The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations.Such compliance reports shall be filed with the Human Rights and Relations Director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the Contractor and his subcontractors. 7)The Contractor shall include the provisions of Paragraphs (1)through (7)of this Section, “Equal Employment Opportunity Clause”,and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. S.Conflict. In the event of any conflict between this Agreement and any of the exhibits attached hereto, the terms of this Agreement shall take precedence. 9 Revised: 03/08/2021 EXHIBIT “A” RESERVED EXHIBIT “B” SCOPE OF SERVICES December 10, 2021 Mr. Everett Owen, P.E. Structures Manager, Construction Division 5225 Dayton Street Omaha, NE 68117 RE: Proposal for Professional Engineering Services - Retaining Walls, Q Street Dear Mr. Owen: On behalf of Schemmer, I respectfully submit my proposal to provide design services for the replacement of retaining walls along Q Street from Millard Ave. to 168th Street. The attached scope, Appendix B, outlines our services rendering survey, ROW, utility coordination, plan production, and project management. These services are targeted at 12 existing retaining wall locations along Q street and associated intersections. We propose the following schedule to complete work for the City of Omaha. Notice To Proceed January 2022 Complete Field Survey February 4, 2022 Conduct Preliminary Review Mtg. February 15, 2022 Complete Easements April 15, 2022 90% Plan Submittal May 16, 2022 Final Plan Submittal July 22, 2022 Proposed Letting August 2022 I have also attached a fee breakdown of our services in Appendix C. The breakdown includes all effort and direct costs associated with completing all scoped work. Sincerely, Darin G. Brown, P.E. Project Manager Enclosures Page 1 APPENDIX B Scope of Services OPW – Replace Retaining Walls - Q St. Millard to 168 th A. PROJECT DESCRIPTION The scope of services for this project involves engineering design services required to produce final construction plans and specifications for the following: The proposed design will replace existing small block retaining walls along Q Street from Millard Avenue to 168th Street. The existing walls are located approximately: 1,870 lineal feet from Millard Ave. – 144th, North side 930 lineal feet from 144th –147th, South side with radius. 300 lineal feet from Weir Cir to east of Walnut Grove Dr, North side w/radius 415 lineal feet from 149th Ct. – 153rd, North side with multiple radius. 132 lineal feet from 149th Ct. – 153rd, South side with radius. 480 lineal feet from Blackwell Dr. – 153rd, South side with radius. 740 lineal feet, E side of 156th St N of Stonybrook Blvd 250 lineal feet, S side of Q St. 1000 ft west of Millard Ave 200 lineal feet, N side of Q St between Lakeshore Dr and 162nd St. 300 lineal feet, both sides of 165th St, S side of Q St including radiuses 450 lineal feet, north side of Q between 165th St and 168th St 300 lineal feet, SE corner of 168th and Q Street, including radius The project will include the following: survey, easement/ROW design, utility location/coordination, traffic control, and project estimates. B. TASKS AND TASK ASSIGNMENTS 1. It is anticipated that the project will require the following major tasks a) Project Management and Quality Control b) Field Survey c) Structural Design d) Geotechnical e) Roadway Design (including Right-of-Way, Sidewalk Design, Stormwater Erosion Control, and Traffic Control) f) Utility Coordination g) Agency Meetings (Utility meeting) C. APPLICABLE PUBLICATIONS Overview: Work shall be done in accordance with the most current version of the following materials. 1. A Policy on Geometric Design of Highways and Streets 2018 (AASHTO) 2. Manual on Uniform Traffic Control Devices (FHWA), 2009 Edition 3. MUTCD - Nebraska 2011 Supplement to the MUTCD Page 2 4. Nebraska Minimum Design Standards – Counties, Municipalities, State - 2016 (or most current) (Nebraska Administrative Code Title 428; Rules and Regulations of the Board of Public Roads Classifications and Standards 5. Nebraska State Plane Coordinate System Datum Adjustment Computations Lambert Conformal System Manual 6. Roadside Design Guide, 2011 (AASHTO) 7. Standard Specifications for Highway Construction 2017 (or latest edition) (NDOT) 8. Bridge Office Policies and Procedures Manual 9. Uniform Relocation Assistance and Real Property Acquisition Act (the Uniform Act) 10. Evidencing Nebraska Land Titles (Nebraska Land Title Association) 11. Omaha Regional Storm Water Design Manual, 2014 (www.omahastormwater.org) 12. City of Omaha 2020 Standard Specifications & Standard Plate List 13. The American Association of State Highway and Transportation Officials, Guide for the Development of Bicycle Facilities, 1999 (AASHTO Bike Guide) The City of Omaha Shall Provide: D. PRELIMINARY ITEMS 1. As-built or design plans of the existing and adjacent roadways (if available). 2. Names of known utilities, addresses and permits listing use and occupancy permit data along the project. 3. Existing cadastral maps, plat maps, etc. electronic right-of-way files of the project area (if available), existing property title commitments. 4. Traffic count information. (City of Omaha) 5. Existing benchmark information. Consultant Shall Provide: E. PROJECT MANAGEMENT AND QUALITY CONTROL 1.Project Management. This task includes activities to initiate and monitor project schedules, workload assignments and internal cost controls throughout the project. Also included are efforts to prepare and process invoices, prepare monthly progress reports and prepare project correspondence with the City and maintain project records. 2.Coordination Meetings. This task includes time reviewing, setting up, preparing, and attending various meetings with City Officials, Utilities, Stakeholders, and others performing work outside this scope of work. 3.Quality Assurance/Quality Control. The Consultant will perform QA/QC checks at various stages of the project including prior to any official submittal. The Consultant will provide a copy of their QA/QC plan to the RC at the start of the project. The Consultant will submit in writing that this plan has been used during the project at each submittal with the name of the person responsible for performing the QA/QC review. F. SURVEY 1.Field Survey. Topographic survey will be completed by the design consultant for the locations of existing walls noted above in accordance with current City of Omaha 2016 survey standard requirements. Page 3 2.Survey Limits. The design consultant will perform the necessary topographical ground survey including the existing centerline, intersecting streets, and drives, tying the location of land monuments to the existing centerline, cross-sections and profiles. A topographical survey will be performed using GPS and electronic “Total Station” technology in MicroStation format. Natural topographic features and man-made features, will be recorded by coordinates to the nearest one-tenth (0.1) of a foot. All such topographic features, which are pertinent to the design or are necessary to properly show the effect of the proposed work upon the adjoining property and/or improvements, will be recorded. The survey limits will be from back of curb adjacent to retaining wall and 5 ft outside of right-of-way except as follows: 30 feet before the start/end of each wall segment and 30 feet either side of the centerline of the existing wall at these locations: o 1,870 ft. from Millard Ave. – 144th, North Side o 930 ft. from 144th – 147th, North Side 3.Horizontal and Vertical Control. The design consultant will verify existing and establish new control points, as necessary, along the project corridor at regular intervals and provide control “reference” point ties to topographic features of permanent nature. a) Horizontal control points will be established and referenced to existing section corners. The control points will be permanent in nature and tied to Nebraska State Plane Coordinate system. Verify existing. b) Vertical control points will be established and referenced to USGS NAD83 datum, see page 6 in the 2016 Survey Standard Requirements for the City of Omaha. There will be a minimum of three permanent benchmarks established with additional temporary benchmarks set along the project corridor at intervals not to exceed 500 feet. The consultant will use the City provided scale factor for additional survey. Verify existing. 4.Section/Property Corners. Property lines are to be electronically established from the existing plats and section line and corner information provided by the City. 5.Existing Utilities. The consultant will call in a One-Call utility locate ticket. Utilities will be shown based on visible, above ground, evident in the field and utility locator’s markings. The City will assist in providing utility locations and contact information. 6.Prepare all topography information in a MicroStation DGN format. Existing basefile will be updated to current mapping standards and include additional topo, as needed. G. FINAL DESIGN (75%) 1. Complete Design. Complete plans to construct a gravity block retaining wall and all associated work, including sidewalks, curbs, curb ramps, utilities, and property restoration (sod, etc.). 2. Limits of Construction. The Consultant will define and draft the temporary and permanent limits of construction on the plan sheets. These limits will be used to determine right-of-way requirements. 3. Erosion Control. This task includes effort required to design and draft erosion control measures for the project. The consultant will develop the erosion control plans to Omaha Storm Water Design Manual specifications. requirements. 4. Quantities/Estimates. Develop and tabulate all preliminary quantities. Computation sheets will be submitted with all Quantities to the Client for all submittals. 5. Retaining Walls This task includes effort to develop approximate height, location, and details of required retaining walls. Retaining walls are anticipated to include the use Page 4 of large block construction. Walls less than 3’-6” in height, will be anticipated to use concrete cast in place walls in accordance with the City of Omaha standard plate 503-03. It is assumed for this scope the following wall locations will utilize standard plate 503-03: o 480 lineal feet from Blackwell Dr. – 153rd, South side with radius. o 200 lineal feet, N side of Q St between Lakeshore Dr and 162nd St. o 300 lineal feet, both sides of 165th St, S side of Q St including radiuses o 450 lineal feet, north side of Q between 165th St and 168th St o 300 lineal feet, SE corner of 168th and Q Street, including radius The remaining wall locations will incorporate the use of large blocks for construction of the walls. In some cases, the wall will accommodate safety fencing for pedestrians, utilities considerations, and trail maintenance equipment. This task also includes coordination with fencing contractor(s) for standard details and constructability. 6. Traffic Control. The plans will include standard traffic control. Contractor will provide their traffic control intentions per site and develop specialized traffic control plans should the need arise. These shall be reviewed and approved in the field by the City representative. 7. Address 75% review comments. After review meeting, design consultant will incorporate review comments, prepare updated plans, forms, and estimates, as required, for the 100% submittal and ROW plans. The following plans with the limits of construction are to be prepared and submitted at the completion of the final design: o Title Sheet o Typical Cross-Section Sheets o Summary of Quantities Sheet o Summary Of Materials Information o General Notes Sheet o Geometric Sheets o Construction Sheets o Removal Sheets o Sediment and Erosion Control Sheets o Roadway Plan and Profile Sheets (if needed) o Traffic Control Sheets o Retaining Wall Plan and Profile Sheets o Retaining Wall Details o Right-of-Way Plans 8. The Consultant shall prepare quantity estimates for all construction and removal items on the plans. H. FINAL DESIGN (100%) 1. After incorporating 75% review comments the only revisions to the 90% submittal shall include the following: Deliverables: o Final plans (two half-size set) and corresponding electronic files o Construction estimates Page 5 I. UTILITY COORDINATION The Consultant will draft utilities on the plans and coordinate with the utilities, to verify the location and type of utility. 1.Coordination of Plan Review. The Consultant will request that the utility companies return marked-up plans with utility verification and will incorporate the information into the topography. All utilities identified in the topographic survey and verified by the individual utility will be incorporated into the plans. 2.Meetings with Utilities. See Project Management Task. 3.Utility Permits the consultant will assist the City in permitting private utilities. J. RIGHT-OF-WAY DESIGN 1. Existing Right-of-Way Base. This task involves creating an electronic base file based on existing Plat drawings, property titles, survey data, and other necessary information to establish the existing Right-of-Way, including easements, for the properties abutting the project. The City of Omaha will provide any existing title commitments and easement rights. 2. Proposed Right-of-Way. The Consultant will determine the easements (temporary and permanent) and right-of-way required to construct the project. Tract Maps with all legal description will be provided by the Consultant. 3. Right-of-Way Plan Sheets. The Consultant will prepare right-of-way plan sheets to include in the plan set. The sheets will include existing property lines and all proposed right-of-way ownerships, easements and takings will be tabulated and shown on the sheets. Deliverables: o Right-of-way (ROW) Tract Map and Strip Map Sheets with Tables summarizing ROW acquisitions and/or easements for each parcel o ROW Legal Descriptions K. PUBLIC INVOLVEMENT 1.City Website Content Consultants will provide information related to project background & details, schedule, design progress, public input, construction schedule, and other information, as requested, by City of Omaha. L. GEOTECHNICAL Geotechnical Investigations The consultant shall prepare a geotechnical memo detailing recommendations for gravity block retaining wall design. The consultant will review any previous geotechnical studies (if available). 1. Data Research Walls more than 10 ft in height may need a soil boring to provide the block wall supplier the soil data they need to develop shop plans. Research of existing soil borings (if available) shall be performed for use in design recommendations. If no soil borings exist, it may become necessary to request a boring at specific sites. This scope does not include the performance of this exploration should it be necessary. 2. Design Recommendations. The Consultant shall provide geotechnical recommendations for the primary purpose of developing geotechnical design criteria for use in designing retaining walls for the project. Page 6 M. DESIGN OF GRAVITY BLOCK RETAINING WALL 1. Description The Consultant shall design and detail the locations for construction of a large block retaining wall system. The large block wall system will not be specified but left to the Contractor to select. A list of approved large block wall systems will be provided in the plans. 2. Calculations and Documentation a. Documentation to submit for contractor to design of the large block gravity retaining wall: 1) Wall Plan and Profile sheet 2) Typical wall cross-section 3) Geotechnical report a. To include foundation soil type present at wall site, properties of reinforced fill, retained fill material properties for use by contractor in designing wall. 4) Cost Estimate b. Calculations and drafting required: 1) Design the top of wall elevations, toe grade elevations, and length of the wall, based on the proposed profile and existing elevations. 2) Draft a plan and profile sheet showing the horizontal and vertical information for the large block gravity wall, including details for additional requirements for this design. 3) Develop a wall typical section that defines the general characteristics of the wall, including details for additional (atypical) requirements for this design. 4) Based on these soil characteristics, perform calculations using AASHTO LRFD to verify external stability of the wall. N. OTHER SERVICES / TASKS NOT INCLUDED 1. Construction Shop Drawing Reviews (may be provided via addendum) 2. Construction Administration (may be provided via addendum) 3. Construction Materials Testing (may be provided via addendum) EXHIBIT “C” BREAKDOWN OF COST ITEM PRIN PROJ SENIOR REG DESIGN ENGR/ ENGR SEN REG SURVEY ADMIN TOTAL NO. TASK DESCRIPTION MGR ENGR ENGR SEN TECH TECH SURVEYOR CREW ASST PER TASK I.Project Administration $16,580.00 I.a Project Management 2 36 10 48 I.b Agency Interaction- Coorespondance 18 8 26 I.c Project Team Coordination Meetings 2 2 4 I.d Quality Assurance/Quality Control 8 8 16 II.Survey 0 $20,015.00 II.a TOPO 80 80 II.b ROW Base File Development 15 2 17 II.c ROW / Easement Sheets 2 46 32 80 III.Structural Design 0 $43,480.00 III.a Block Wall Coorespondance 8 16 24 III.b Wall loading/modeling 20 16 24 60 III.c Prepare Plan Sheets 0 Estimated Quantities 8 16 24 General Notes & Specifications 8 4 12 Situation Plan 8 48 56 Privacy Fence Details 4 8 12 Wall Details 16 34 60 110 Utilities 4 16 20 III.Roadway Design 0 $12,960.00 III.a Sidewalk/Trail Rebuild 8 10 30 48 Pavement Repair / Curb / Other Standards 6 8 36 50 III.Geotechnical 0 $1,440.00 III.a Geotechnical Report 8 8 III.Public Involvement 0 $1,570.00 III.a Web Content / Public Interaction 2 6 5 13 Labor Fee 0 $96,045.00 Direct Expenses 0 $388 TOTALS 2 74 92 108 242 61 34 80 15 708 $96,433.00 APPENDIX C City of Omaha Final Design OMAHA PUBLIC WORKS Q St. Retaining Walls, Millard Ave. - 168th