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RES 2000-0194 - Agmt with HWS Consulting Group for widening of Blondo St from 123rd to 135th Sts
T ' E tti We5 A/9 o�QpAAHA,NF� `, Public Works Department �'�w``,��; `3 Omaha/Douglas Civic Center lc�: Pr,'°"►►,��� t 1819 Farnam Street,Suite 601 z �`'►(1�C'J�'.9A:iA„ �� `� ` Omaha,Nebraska 68183-0601 o®I Il �! m January25, 200 o�F= ..ry (402)444-5248 i Telefax(402)444-5248 '° tiF � t so-O�TFD FEBRUr l Don W.Elliott,P.E. City of Omaha ��'" Public Works Director Hal Daub,Mayor Honorable President and Members of the City Council, Transmitted edherewith is a Resolution approving an Engineering Services Agreement withHWS Consulting Group, Inc., for the preparation of preliminary and final design plans for the widening of Blondo Street from 123rd to 135th Streets. This project is included in the 1999-2004 Capital Improvement Program as Project No. 410. According to the terms of the Engineering Services Agreement, HWS Consulting Group, Inc., will provide data collection, a survey, a traffic study, preliminary and final design plans for grading, pavement, drainage, and determine utility conflicts. The scope of services are listed in more detail in Exhibit"B" of the Agreement. HWS Consulting Group, Inc., has agreed to perform the engineering services listed in the Agreement for the fee of$306,505.92. The fee will be paid from the 1996 Street & Highway Bond, Organization 1509, Fund 341. HWS Consulting Group, Inc., has filed the required Annual Contract Compliance Report Form, CC-1, in the Human Relations Department. The Director of Human Relations will review the firm to determine its compliance with Ordinance 28885. The Public Works Department requests your consideration and approval of the attached Ordinance. Respectfully ubm. , Referr to City ouncil for Consideration: atc Date Mayor's Office/ / r Date Don W. Elliott, P.E. y Public Works Director pr ed as to Funding: Approved: )44e_e_,Le a4-u-Aetke-, la le-,20" Louis A. D'Ercole ate Kellie Paris-Asaka Date Finance Director Human Relations Director P:\PW1\8144maf.doc ► i 1 • ENGINEERING AGREEMENT HWS CONSULTING GROUP INC. CITY OF OMAHA BLONDO STREET IMPROVEMENT PROJECT (123RD STREET TO 135TH STREET) PROJECT No. STPC-5066(5) CONTROL No. 21981 THIS AGREEMENT, made and entered into this 9 7Xday of Qiti IW by and between the firm of HWS Consulting Group Inc., a corporation f the Sta of Nebraska, with offices at 10844 Old Mill Road, Suite 1, Omaha, Nebraska 68154 and hereinafter referred to as the "Consultant", and the City of Omaha, Nebraska, acting by and through its Mayor, hereinafter, referred to as the "City". WITNES SETH: WHEREAS, the City desires to engage the Consultant to render professional engineering services as hereinafter set forth for the necessary engineering services as required for the preparation of preliminary and final plans and studies for improvements to Blondo Street between 123rd Street and 135th Street at the location shown on EXHIBIT "A", which is attached and hearby made a part of this agreement, and WHEREAS, the Consultant is willingtoperform such engineering work in accordance g g with the terms hereinafter provided and does represent that he is in compliance with the Nebraska Statutes relating to the registration of Professional Engineers. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: Project No.STPC-5066(5) Control No.21981 Page 1 of 25 Blondo Street Improvements—123rd Street to 135t Street I. DEFINITIONS Wherever in this agreement the following terms are used, or pronouns used in their stead, they shall have the meaning here given: The "EFFECTIVE DATE" of this agreement shall mean the date mentioned in the first paragraph of this document. "CONSULTANT" shall mean HWS Consulting Group Inc., whose business and mailing address is 10844 Old Mill Road, Suite 1, Omaha, Nebraska 68154. "CITY" shall mean the City of Omaha, Nebraska, the Mayor of the City of Omaha or his authorized representative. "STATE" shall mean the Nebraska Department of Roads in Lincoln, Nebraska, the Director - State Engineer of the department, or his authorized representative. "SUBCONSULTANT" shall mean: Sides & Associates, Inc. whose business and mailing address is 3207 N 90th Street, Omaha, Nebraska 68134; and Big Muddy Workshop whose business and mailing address is 3620 Leavenworth, Omaha, Nebraska 68105. "FHWA" shall mean the Federal Highway Administration, Department of Transportation, Washington D.C. 20590, acting through its authorized representatives. "DOT" shall mean the United States Department of Transportation, Washington D.C., 20590, acting through its authorized representatives. To "ABANDON" the work shall mean that a determination has been made by the City that conditions or intentions as originally existed have changed and that the work as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. Project No.STPC-5066(5) Control No.21981 Page 2 of 25 Blondo Street Improvements—123rd Street to 135th Street To "SUSPEND" the work shall mean that it has been determined by the City that conditions or intentions as originally existed have changed and that the work as contemplated herein should be ceased on a temporary basis. This cessation or holding in this undetermined state will prevail until such time as a determination can be made to abandon the work or to reinstate under the conditions as defined in this agreement. To "TERMINATE" or the "TERIINIINATION" of this contract shall be the cessation or quitting of this contract based upon action or failure of action on the part of the Consultant as defined herein and as determined by the City. II. GENERAL DESCRIPTION OF SCOPE AND CONTROL WORK The Consultant shall, upon receipt of the Notice to Proceed from the City, perform all the services required under this agreement for the project described above and as outlined in the attached EXHIBIT "B", Schedule of Services and EXHIBIT "C", Consultant's Proposal, which is attached and hereby made a part of this agreement. III. STANDARD PRACTICES AND REQUIREMENTS It is mutually agreed that the City, State and the FHWA have continuing rights of work progress inspections. Any additions, deletions, changes, elaborations, or modifications of the services performed under the terms of this agreement, which may from time to time be determined by the City as desirable or preferable, will be controlling and governing. IV. TIME OF BEGINNING AND COMPLETION The City will issue the Consultant a written notice to proceed 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. Project No.STPC-5066(5) Control No.21981 Page 3 of 25, Blondo Street Improvements—123rd Street to 135d'Street The Consultant and all Subconsultants shall complete all work required under this agreement in a satisfactory manner within twenty-four months after the notice to proceed date. The Consultant has furnished a summary of estimated costs, a task description, a schedule, a personnel chart, and fee computation sheets, all as part of the Consultant's proposal in EXHIBIT"C". The completion time will not be extended because of any avoidable delay attributed to the Consultant, but delays attributable to the City, State or FHWA may constitute a basis for an extension of time. Amendments or changes in the scope of work which increase the workhours or services of the Consultant will provide the basis for an extension of time. The City shall have 14 calendar days for review of preliminary plans and studies. V. FEES AND PAYMENTS In consideration of the performance of the Engineering Services described in this Agreement, the Consultant shall be paid a lump sum fee of$306,505.92. The lump sum fee will consist of a compilation of estimated non-salary cost, indirect non-salary cost and direct salary payroll additives, as provided in Exhibit"C", attached. Direct salary costs are defined as direct salaries paid to principals, engineers, technicians, draftsmen and other personnel directly assigned by the Consultant to this project. Indirect salary costs are defined as actual wages paid to all employees, clerical and stenographic, administrative and supervisory of the Consultant for work no directly chargeable to individual contracts. Project No.STPC-5066(5) Control No.21981 Page 4 of25 Blondo Street Improvements—123n°Street to 135h Street Direct non-salary costs include, but are not limited, to those costs incurred by the consultant for travel, subsistence, supplies, reproductions, photography, printing, computer charges, subcontractors, special equipment and materials required for this project and such other similar items. Indirect non-salary costs are all non-salary costs of the Consultant's business operations which are not directly chargeable to individual contracts. The direct salary payroll additives are related costs which are paid by the consultant such as Social Security and unemployment taxes, wages paid for vacations and holiday, wages paid for sick, military,jury and other authorized leave, group insurance, pension and so forth. For the purpose of calculating the lump sum fee under this Contract, the sum of the indirect additive shall be 141.67%times the direct salary costs. An amount consisting of 12% of total direct salary costs was added for profit. A lump sum amount was added to cover direct non- salary costs as indicated in Exhibit"C". 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 Consultant shall submit a final voucher for the project no later than 30 days after the close of the Consultant's fiscal year during which the project is completed. The acceptance by the Consultant of the final payment shall constitute and operate as a released to the City for all claims and any liability to the Consultant, his representatives and assigns for any and all things done, furnished or relating to the services rendered by the consultant under or in connection with this Agreement or any part thereof. Project No.STPC-5066(5) Control No.21981 Page 5 of 25 Blondo Street Improvements—123nd Street to 135th Street • The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and study activities and shall make such materials available at his office at all reasonable times during the contract period and for three(3)years from the date of final payment under this Agreement; such records to be available for inspection by the City and copies thereof shall be furnished by the Consultant, if required. The Consultant shall be responsible to determine when his actual costs shall exceed the anticipated costs for any work activity. In such event, the Consultant must immediately notify the City in writing. 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 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. Project No.STPC-5066(5) Control No.21981 Page 6 of25 Blondo Street Improvements—123rd Street to 135th Street VI. PROFESSIONAL PERFORMANCE It is understood by the parties that the City will rely on the professional performance and ability of the Consultant. Any examination by the City, State and FHWA, or any acceptance or use of the work product of the Consultant will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of the Consultant which will 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 work of the Consultant by the City or of payment, partial or final, shall not constitute a waiver of any rights of the City to recover from the Consultant damages that are caused by the Consultant due to error, omission, or negligence of the Consultant in its work. That further, if due to error, omission, or negligence of the Consultant, the plans, specifications, and estimates are found to be in error or there are omissions therein revealed during the construction of the project and revision or reworking of the plans is necessary, the Consultant shall make such revisions without expense to the City. The Consultant shall respond to the City's notice of any errors and/or omissions within 48 hours and give immediate attention to these corrections to minimize any delays to the construction contractor. This may involve visits by the Consultant to the project site, if directed by the City. Should the Consultant discover errors in its work, it must notify the City of such errors within seven days. Failure to so notify the City shall constitute a breach of this Agreement. Project No.STPC-5066(5) Control No.21981 Page 7 of 25 Blondo Street Improvements—123r3 Street to 135th Street VII. ABANDONMENT, CHANGE OF PLAN, SUSPENSION AND TERMINATION The City shall have the absolute right to abandon the project or to change the general scope of work at any time and such action on its part shall in no event be deemed a breach of agreement. The City can suspend this agreement at any time or terminate it for just cause. Such suspension or termination may be effected by giving the Consultant seven (7) days written notice. Should the project be suspended for thirty (30) days or more, Consultant's Fee and time for completion shall be equitably increased. If the City abandons the work or subtracts from the work, suspends, or terminates the agreement as presently outlined, the Consultant shall be compensated in accordance with the provisions of 48 CFR 31, provided however, that in the case of suspension, abandonment, or termination for breach of this agreement or for tender of improper work, the City shall have the power to suspend payments, pending the Consultant bringing itself into compliance with the provisions of this agreement. In determining the percentage of work completed, the City shall 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 project documents completed or partially completed at the time of such termination or abandonment will be retained by the City and the Consultant shall immediately deliver all the documents to the City. Additions to the schedule of services as defined herein, if approved in writing, will require negotiation of a supplemental agreement or agreements. For any work beyond the scope of services outlined herein, the Consultant will be required to document the additional work, estimate the cost to complete said work, and obtain written approval from the City before such work begins. Any such work performed prior to written approval of the City will be done at the expense of the Consultant. The Consultant shall indemnify the City and State from any and all liability and expenses for claims for damages as a proximate result of Consultant's errors, omissions, or negligent acts. Project No.STPC-5066(5) Control No.21981 Page 8 of 25 Blondo Street Improvements—123'"Street to 135t Street 1 1 1 1 • VIII. OWNERSHIP OF ENGINEERING DOCUMENTS All surveys, tracings, plans, specifications, maps, computations, sketches, charts and other data prepared or obtained under the terms of this Agreement shall become the property of the City and the Consultant shall deliver them to the City without restriction or limitation as to further use on this project. IX. FORBIDDING USE OF OUTSIDE AGENTS The Consultant warrants that it has not employed or retained any company or person, other than bona fide employees working for the Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person, other than a bona fide employee any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise, recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. X. NON-RAIDING CLAUSE The Consultant shall not engage the services of any personnel or persons presently in the employ of the City for work covered by this Agreement without the prior written consent of the employer of such persons. XI. GENERAL COMPLIANCE WITH LAWS The Consultant hereby agrees to comply with all Federal, State and Local laws and ordinances applicable to the work. Project No.STPC-5066(5) Control No.21981 Page 9 of 25 Blondo Street Improvements—123r°Street to 135th Street XII. DISPUTES Any dispute concerning a question of fact in connection with the work not disposed of by this Agreement shall be referred for determination to the Public Works Director of the City, or his duly authorized representative, whose decision in the matter shall be final and conclusive on the parties to the contract. • XIII. RESPONSIBILITY FOR.CLAIMS AND LIABILITY A. The Consultant agrees to save harmless the City and State from all Claims and Liability due to the negligent activities of the Consultant or those of the Consultant's agents or employees in the performance of work under this Agreement. In this connection, the Consultant shall for the life of this Agreement, carry insurance on 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) Worker's Compensation Statutory (3) Professional Liability A minimum of$500,000 with a maximum deductible of$100,000 (4) (a) Valuable Papers With the State named as the loss (b) Electronic Data Processing payee. The insurance must be in the Coverage amount of the total fee of this Agreement. Project No.STPC-5066(5) Control No.21981 Page 10 of25 Blondo Street Improvements—123" Street to 135th Street •i 4 B. The insurance referred to in (1) above shall be written under Comprehensive General and Comprehensive Automobile Liability Policy Forms, including coverage for all owned, hired, and non-owned automobiles. The Consultant may, at its option, provide the limits of liability as set out above by a combination of the above described policy forms and excess liability policies. The Consultant shall furnish proof of insurance coverage to the City. XIV. PROFESSIONAL REGISTRATION The Consultant hereby agrees to affix the seal of a registered professional engineer licensed to practice in the State of Nebraska on all plans, documents, and specifications prepared by the Consultant hereunder. XV. SUCCESSORS AND ASSIGNS This Agreement shall be binding on successors and assigns of either party. XVI. DRUG- FREE WORKPLACE POLICY The Consultant shall have on file with the City and the State an acceptable and current drug - free workplace policy. XVII. FAIR EMPLOYMENT PRACTICES ACT The Consultant agrees to abide by the Nebraska Fair Employment Practices Act as provided by Sections 48-1101 through 48-1126, Nebraska Revised Statutes (Reissue 1988), which is hereby made a part of and included in this Agreement by reference. Project No.STPC-5066(5) Control No.21981 Page 11 of25 Blondo Street Improvements—123nd Street to 135th Street XVIII. DISABILITIES ACT The Consultant agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as implemented by 28 CFR 35, which is hereby made a part of and included in this Agreement by reference. XIX. MINORITY BUSINESS ENTERPRISE The Consultant shall ensure that minority business enterprises, as defined in 49 CFR 23, have the maximum opportunity to compete for and participate in the performance of subagreements financed in whole or in part with federal funds under this Agreement. Consequently, the minority business requirements of 49 CFR 23 are hereby made a part of and included in this Agreement by reference. The Consultant shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of FHWA-assisted contracts. Failure of the Consultant to carry out the requirements set fourth above will constitute a breach of this Agreement and, after the notification of the FHWA, may result in termination of this Agreement by the City or such remedy as the City deems appropriate. Section XXI of this Agreement further explains the Consultant's responsibility in ensuring that minority business enterprises have the maximum opportunity to compete for subagreements. XX. NONDISCRIMINATION A. Compliance with Regulations: During the performance of this Agreement, the Consultant, for itself and its assignees and successors in interest, agrees to comply with the regulations of the DOT relative to nondiscrimination in federally-assisted programs of the DOT (49 CFR 21 and 27, hereinafter referred to as the Project No.STPC-5066(5) Control No.21981 Page 12 of25 Blondo Street Improvements—I23rd Street to 135th Street I I 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 Subagreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subagreement, including. procurements of materials or equipment, each potential Subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the basis of race, color sex, or national origin. D. Information and Reports: The Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City, State, or FHWA to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Project No.STPC-5066(5) Control No.21981 Page 13 of 25 Blondo Street Improvements—123rd Street to 1351h Street .h r , Consultant shall so certify to the City, State, or FHWA, as appropriate, and set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall 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 the Agreement, in whole or in part. F. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs A through E of this section in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subagreement or procurement as the City, State, or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however, that in the event a Consultant becomes involved in or is threatened with litigation with a Subconsultant/Subcontractor as a result of such direction, the Consultant may request that the City to enter into such litigation to protect the interests of the City and, in addition, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. Project No.STPC-5066(5) Control No.21981 Page 14 of25 Blondo Street Improvements—123r1 Street to 135th Street XXI. 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. As outlined in Section XIX of this Agreement, the Consultant shall take all necessary and reasonable steps to ensure that minority business enterprises have the maximum opportunity to compete for and perform subagreements. Any written request to sublet any other work must include documentation of efforts to employ a minority business enterprise. XXII. CONFLICT OF INTEREST The Consultant, in signing this Agreement, certifies that it has no financial or other interests in the outcome of this project. XXIII. CONSULTANT CERTIFICATION The Consultant hereby certifies that wage rates and other factual unit costs supporting the fees in this Agreement are accurate, complete, current, and subject to adjustment, if required, as provided by Sections 81-1701 through 81-1721, Nebraska Revised Statutes (Reissue 1987). After being duly sworn on oath, I do hereby certify that except as noted below, neither I nor any person associate 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 any 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 Project No.STPC-5066(5) Control No.21981 Page 15 of 25 Blondo Street Improvements—123'd Street to 135th Street • p b) has agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any firm or person in connection with carrying out this Agreement, or c) has paid, or agreed to pay, to any firm, organization or person(other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with procuring or carrying out this Agreement, except as here expressly stated (if any). Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions Instructions for Certification 1. By signing this Agreement, the Consultant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this project. The Consultant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the City's determination whether to enter into this agreement. However, failure of the Consultant to furnish a certification or an explanation will disqualify the Consultant from participation in this Agreement. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the City determined to enter into this Agreement. If it is later determined Project No.STPC-5066(5) Control No.21981 Page 16 of 25 Blondo Street Improvements—123n1 Street to 135th Street that the Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the City may terminate this Agreement for cause or default. 4. The Consultant shall provide immediate written notice to the City if at any time the Consultant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms"covered transaction," "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. 6. The Consultant agrees that should the proposed covered transaction be entered into, it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City before entering into this Agreement. 7. The Consultant further agrees to include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the City 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. Project No.STPC-5066(5) Control No.21981 Page 17 of 25 Blondo Street Improvements—123rd Street to 135h Street 4 • 9. Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph six of these instructions, if the Consultant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the City may terminate this Agreement for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions A. The Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or Project No.STPC-5066(5) Control No.21981 Page 18 of25 Blondo Street Improvements—123"Street to 135th Street • 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 City and the FHWA in connection with this Agreement involving participation of federal-aid highway funds and is subject to applicable, state and federal laws, both criminal and civil. • XXIV. OTHER A. UNEMPLOYMENT COMPENSATION FUND PAYMENTS: Before final payment is made by the City to the Consultant of the final three percent (3%) due hereunder, the Consultant shall furnish the City a written clearance from the Commissioner of Labor of the State of Nebraska certifying that all payments due of contributions or interest which may have arisen under this contract have been Project No.STPC-5066(5) Control No.21981 Page 19 of 25 Blondo Street Improvements—123`d Street to 135th Street paid by the Consultant, or its Subconsultant to the Unemployment Compensation Fund of the State of Nebraska. B. CITY SUPERVISION: It is hereby mutually agreed that the City shall have responsible supervision of all the services included herein, but no employee of the Consultant or any of its Subconsultants or of persons working under the Consultant's direction is or shall be deemed to be an employee of the City. The Consultant shall at all times have or cause to have in force Workers Compensation insurance covering all its employees and those of any Subconsultant and those of anyone under its direction and control. C. PAYMENT FOR SERVICES, MATERIAL AND EQUIPMENT: The Consultant agrees to pay all persons, firms or corporations, having contracts directly with the Consultant or with Subconsultants of Consultant, all just claims due them for the payment of services, material and equipment furnished, and for the payment of material and equipment rental which is actually used or rented in the performance of this Agreement. D. ASSESSMENT FOR TAXATION: Consultant shall comply with, and shall cause to be complied with Section 77-1323, Reissue Revised Statutes of Nebraska, 1943, as amended and shall furnish a certified statement to be attached to the Agreement that all equipment to be used on the project, except that acquired since the assessment date, has been assessed for taxation for the current year, giving the County where assessed. During the performance under this Agreement, additional such statements shall be furnished by the Consultant as may be required by such law or as may be required by the City or its authorized agent. E. AMENDMENTS OR ADDITIONS: No amendments or additions shall be made to this Agreement except in writing. Future agreements between the parties must likewise be in writing. Project No.STPC-5066(5) Control No.21981 Page 20 of 25 Blondo Street Improvements—123rd Street to 135th Street F. FINANCIAL INTEREST: Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. A violation of that section with the knowledge of the Consultant, in addition to constituting employee malfeasance, shall be cause for the City to unilaterally terminate or void this Agreement. G. INCREASE OF FEE: The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts 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. XXV. ALL ENCOMPASSED This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than contained herein, and this Agreement supersedes all previous communications, representations, or other agreements or contracts, either oral or written hereto. Project No.STPC-5066(5) Control No.21981 Page 21 of 25 Blondo Street Improvements—123rd Street to 135th Street IN WITNESS WHEREOF, the parties hereto have caused presents to be executed by their proper officials thereunto duly authorized as to the dates below indicated. EXECUTED bythe Consultant this 29th dayof November, 1999. ATTEST: HWS CONSULTING GROUP INC. Michael N. Gorman • ; ,„ , ,, BY ; L. ...Lail '(ZI Vice President EXECUTED by the City this day of 1417 ATTEST: CITY OF OMAHA BY �- ACTING Mayor of the City of Omaha APPROVE-AS TO FORM: I r i./ City AAK.,"'ey Project No.STPC-5066(5) Control No.21981 Page 22 of 25 Blondo Street Improvements—123rd Street to 135th Street • 1 a - 1 STAFF UTILIZATION ENGINEERING: NAME CLASSIFICATION HOURLY RATE Michael Gorman Principal in Charge $41.83 Randall Kaster Project Manager $33.65 Brian Ray Project Engineer $22.12 Al Jambor Project Engineer $35.85 Gary Proskovec Project Engineer $34.05 Owen Goodenkauf Environmental Project Engineer $32.80 Brian Erickson Environmental Project Engineer , $19.04 Chin Lim Environmental Engineer $20.09 Suzanne Moore Design Engineer $21.88 David Ayala Design Engineer $17.55 Craig Lamb Senior Engineering Technician $18.35 ' Hubert Saam Drafting Technician $13.00 Suzanne Johnson Administrative Assistant $12.00 SURVEYING: Sides &Associates Subconsultant LANDSCAPE ARCHITECTURE The Big Muddy Workshop Subconsultant Project No.STPC-5066(5) Control No.21981 Page 23 of 25 Blondo Street Improvements—123'"Street to 135th Street i r REIMBURSABLES Unit Price Computer: A. Computer Aided Drafting and Design;Plotting $10.00/hr. Printing: A. Ozalid Printing $0.15/sq. ft. B. Xerox Copying, 8 1/2"x11", 8 1/2"x14",or 11"x17" $0.10/sheet C. Other Types of Reproduction By Quotation Vehicle: A. Mileage Rate-Automobile See Contract Mileage Rate—Survey Vehicle See Contract B. Employee Owned Vehicle See Contract C. Special Licenses,Taxes,or Miscellaneous Costs required Actual Cost for the work,but not presently required of HWS Travel: A. Airline Tickets, Aircraft Rental,Pilot Fees, See Contract Cab/Bus Fares,and Other Related Travel Expenses B. Subsistence,Lodging,and Associated Costs: Normal Assignments,Receipt Account See Contract Field Assignments,Per Diem See Contract C. Short Term Vehicle Rental or Lease Specifically Actual Cost for the Work Project No.STPC-5066(5) Control No.21981 Page 24 of 25 Blondo Street Improvements—123rd Street to 1351°Street A REIMBURSABLES Unit Price Laboratory Testing: A. Analytical.Laboratory Tests and Services By Quotation B. Soils and Construction Materials Tests and Services By Quotation C. Drilling Services By Quotation Miscellaneous: A. VHS Camcorder(not including video tape cost) $15.00/day B. 35 mm Camera $5.00/day (Does not include film or development costs) C. Video Tape or Film $4.00/each D. Mobile/Cellular Telephone $10.00/day E. LongDistance Telephone Calls Actual Cost P F. Facsimile $1.00/sheet G. All other reasonable expenses incurred Actual Cost on behalf of the client in performance of the services and not otherwise specifically referenced in the attached Schedule(s)of Unit Rates. Subconsultants and Other Outside Services Actual Cost Special Equipment(not currently owned, leased, Actual Cost or rented by HWS Special Services By Quotation Project No.STPC-5066(5) Control No.21981 Page 25 of 25 Blondo Street Improvements—123rd Street to 135t Street kx. , • ' Xo •kkkk kk kkkkk kk kX I� k . k k x X k X •X k •,k ., .-- k. any 11a-021 k >„ any L11-02T N , ., ��'1 O 4 r k Q41, \ `4 U 0 O L k' +, i a \ c N • i 1� AV 1-5t2T �p Z i a 1-S 1-ST2i Q<6 Al lill Sift. W kill �r T V w ,t v�e* V ka Sits i J(, S ��3 Qk w i • /2r �� uq puzZT • X Y co n a 8.1114 W VI X' i u3 _ �a''�Od W R N �a3pu£ZI w puZZi I , WW0 1111011 0- Jo Z a U � U yJ , . " ti y 1 , \ _ a 0 r �3 N' ` tij 4i� 'J� 2j i va mp• Z O W 4�SZt 1,�' i S raj I. . II �, �a Z co k k X., X^ k• a —'--��` raUi��O illigittsma.--------- W ` y X .kk kk )1 ~ �Yk 0 Q X I �r • kLILI Z any11 v�i o `� ` �' U d 4.. 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L kk k�s II L IQ i•• d III �O ' V U k k).y k S. n j-I, ko S ;r S r • k-I.' +' +' O S U d �' 36 k -b Kkk' s N k s- .X ky'za k . kk �S .9ej k ,7 ~ X r S Sky2 y y -J Cdl r i u�L£T bva X k1-S d k A. kkb� Xz k y2u S >, Ft a E C. �S �i�6£T 3, L{}81 _d Ill3 any �1�6£i fr' .N 1-S ti18£1 U L I a ijfP ,39t EXIIIBIT"B" CONSULTANT SCOPE OF SERVICES IMPROVEMENTS TO BLONDO STREET—123RD STREET TO 135TH STREET PROJECT NO: STPC-5066(5) CONTROL NO: 21981 NOVEMBER 23, 1999 This Scope of Services identifies the tasks and subtasks which HWS Consulting Group Inc. (the "Consultant") and its subconsultants (the "Subconsultants") will follow in designing the improvements to Blondo Street— 123rd Street to 135th Street(the Project). Project Overview The Consultant will provide engineering design, traffic engineering and planning, landscape architecture, survey and construction observation for the improvements to Blondo Street within the limits outlined below. Construction engineering services are described in this Scope of Work, however, it is understood that these services are optional and may be added at the discretion of the City. The Project will have six(6) principal goals: 1. Determine types and extent of engineering and landscape improvements required; 2. Design the required improvements; 3. Assist in a public participation program; 4. Provide utility coordination. 5. Provide construction engineering. The general limits for the project are: • Blondo Street- 100' west of 123rd Street to 100' west of 135°Street. • 132°d Street-500' north and south of Blondo Street • The approximate length of the Project is approximately 6000 feet. The general design concept for the Project envisions replacing the existing two-lane rural section with a four-lane divided or five-lane section, with turn lanes at 132nd , Decatur and 135th Streets, with associated storm sewer,traffic signal and landscaping improvements. This project will receive federal funding. All engineering services, reports, and documents must meet City of Omaha, Nebraska Department of Roads (NDOR) and Federal Highway Administration (FHWA) requirements. Project No.STPC-5066(5) Page 1 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street All plans, specifications, documents, and surveys shall be accomplished utilizing English units, and in accordance with City of Omaha standards. The general scope of services shall include but not necessarily be limited to: • Topographic and Right-of-Way Surveys (includes utility locations) • Traffic Engineering and Planning • • Landscape Architecture Concepts • Public Participation • Preliminary (30%)Plan Development • Preliminary(50%)Plan Development • Final Review(90%)Plan Development • Final (100%)Plan Development • Construction Engineering(optional) City Responsibilities The City will provide available relevant studies, reports, mapping and data at no cost to the Consultant. The Consultant shall return such material at project conclusion. The City will also provide meeting facilities,as warranted. More specifically: 1. The City will provide: • Land ownership parcels; • Floodplain maps; • Maps of City utilities; • Available traffic data related to: - Accidents - Most recent ADT - Historical ADT - Truck route studies - Pedestrian movements - Year 2020 traffic projections • Available land use planning and zoning information relative to the Project area but not included in the Comprehensive Plan; • Available environmental study information relative to the Project area; • City input regarding known drainage problems; • Previous public comments and input related to the Project area; • List of neighborhood associations registered with the City within the Project area; • City standard plans; • Available geotechnical information; • Location and elevation of existing City benchmarks and control points; • Timely review of plans for design issues and for conflict resolution with City owned utilities; Project No.STPC-5066(5) Page 2 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street • City right-of-way limits and property plats; • Public meeting rooms and attendant equipment; • Other available mapping,relevant studies,and public information services. • Available site plans and traffic studies relating to proposed developments near the project corridor. Limitations to Consultant's Work Scope 1. The City will handle information(media,presentations to civic groups, etc.). The City will lead public participation,and will provide public meeting space. 2. Consultant will conduct no land appraisals. 3. If the City or NDOR requires air and noise quality review and evaluation or environmental documentation a supplemental agreement will be required. Schedule Milestones The project schedule for the work tasks and milestones based on the number of months following written notice to proceed. A Gantt chart schedule is attached. A description of each of the work tasks follows below. Completion of these Tasks is dependent upon timely review by the City of previous submittals. TASK 1 -PROJECT MANAGEMENT Data will be gathered from the City, ,utility companies,and other agencies. Subtask 1.1—Project Management: The Consultant will perform ongoing management,supervision, coordination and communication among the Consultant Team members and coordination and communication with the City and NDOR. Subtask 1.2—Progress Meetings: The Consultant will conduct regularly scheduled progress meetings with the Consultant Team,City staff and other parties as appropriate. Subtask 1.3—Status Reports: The Consultant will prepare monthly status reports for submittal to the City,summarizing progress,issues affecting design,problems and/or delays,and other relevant topics. Subtask 1.4-Utility Data Collection: Establish contacts with utility companies and begin preliminary utility coordinations. Consultant also will acquire utility maps from the utility companies and the City. A visual verification of the utilities will be made(based upon readily visible utility appurtenances such as manholes, inlets, street lights,etc.). Project No.STPC-5066(5) Page 3 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street Subtask 1.5—Coordination with 132"d Street Design: The Consultant will coordinate with the City and the consultant designing the 132' Street improvements. It is anticipated that up to four(4) coordination meetings will be required. TASK 2—PUBLIC PARTICIPATION Subtask 2.1 —Agency Briefings: The Consultant will be prepared to brief the Omaha City Council, and other agencies as required during the design and construction period. One(1)briefing is anticipated. Subtask 2.2 -Workshops: Up to four(4)workshop sessions are envisioned for meetings with concerned groups and landowners. Subtask 2.3 -Property Owner Input: The Consultant will solicit input from neighborhood residents, business owners, and church representatives. Subtask 2.4 - Informational Meetings: The Consultant will participate in up to one (1) informational meeting where the general public will be invited. It is anticipated this meeting will occur after preliminary design. The Consultant will prepare handouts and/or visual materials for use in all meetings. TASK 3- TOPOGRAPHIC AND RIGHT-OF-WAY SURVEYS The Consultant will establish horizontal and vertical control for the Project, and perform the topographic and right-of-way surveys. The topographic survey will be processed to form a base map for the Project improvements. The surveys will be performed in accordance with City standard procedures. Subtask 3.1 -Establish Horizontal and Vertical Control: Using existing City benchmarks and control points additional project control points will be established. Subtask 3.2-Utility Locations: The field location of flagged utility mains and any additional"book" information of utility companies participating in One Call will be determined. The depth of sanitary sewer pipes and storm sewer pipes at manholes will also be determined. Subtask 3.3-Topographic Survey: An English topographic survey will be performed. Topographic features will be identified and located as outlined in the City of Omaha Design Division Scope of Survey Services. Ground elevation data will be gathered throughout the Project. Cross sections will be taken at fifty(50)feet intervals,driveways and other locations with additional ground elevation shots taken as necessary to define the ground surface. Project No.STPC-5066(5) Page 4 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street •. Subtask 3.4-Right-of-Way Survey: The subconsultant will locate property pins and section corners as necessary to prepare legal descriptions for easement and right-of-way acquisition. The Consultant will prepare a 1"=50' strip map depicting anticipated easement and right-of-way acquisitions. The Consultant will also prepare individual tract maps depicting the proposed easement and right-of-way acquisitions with legal descriptions for each. The Consultant will follow City of Omaha formats for the tract maps.. TASK 4- TRAFFIC ENGINEERING AND PLANNING A traffic analysis will be conducted at two intersections within the project area. The purpose of the study will be to provide traffic data necessary to design the intersection improvements and complete an Environmental Review using year 2020 traffic projections provided by MAPA. The intersections to be studied include: • Decatur Street and Blondo Street • 135th Street and Blondo Street These projections will be the basis for determining lane requirements and configurations, and auxiliary lane length,as well as the location and operation of future traffic control devices. It is understood that the 132nd Street and Blondo Street intersection will be analyzed by others,and that the City will provide the Consultant the necessary lane configurations and auxiliary lane storage lengths. Subtask 4.1 -Assess Available Traffic Data: Turning movement counts will be obtained from the City of Omaha for the intersections listed above. Year 2020 traffic projections will be obtained from MAPA for each leg of the intersections listed above. The traffic forecasts and turning movements will be examined to make sure that the data is reasonable. Subtask 4.2-Develop Traffic Projections: Year 2020 A.M. and P.M. peak hour turning movements will be developed from the traffic forecasts at each of the intersections identified above. Subtask 4.3-Traffic Analysis: A capacity analysis will be conducted using the procedures outlined in the 1994 Highway Capacity Manual and the year 2020 turning movements. An assessment will be made of future operations using the geometrics proposed in the concept plan. Deficiencies will be identified and documented. Subtask 4.4-Future Traffic Controls: Traffic operations along Blondo Street,within the project limits, will be reviewed to determine locations for future traffic controls including vehicular and pedestrian traffic signals. A phasing and operation plan will be developed for each proposed traffic signal location. This task does not include design of traffic signals. The City of Omaha will do this work. The Consultant will perform drafting of the City design. The City will redline construction traffic control plans, and permanent traffic control plans for the Project. The Consultant will draft these redlines for inclusion in the Plans. Subtask 4.5-Prepare Traffic Study: A traffic study will be prepared that documents and summarizes the work completed in this task. Project No.STPC-5066(5) Page 5 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street 4 • • TASK 5—LANDSCAPE DEVELOPMENT PLANS In this task,the Consultant will prepare landscape development plans that complement the roadway improvement. Subtask 5.1—Workshops: The Consultant will attend up to four(4)public workshops and one(1)public informational meeting to solicit public participation and to respond to public questions. The Consultant will develop graphics and presentation for discussions related to the bike trail,landscape, aesthetic and any noise abatement improvements. Subtask 5.2-Site Review: The Consultant will conduct a site visit to become generally familiar with the project area. This will include an inventory of existing plant materials, irrigation systems, fences, neighborhood walkways and other landscape features within the limits of construction between 123`d and 135th Streets and the associated intersections. The irrigation inventory will only include noting where private irrigation systems extend onto public rights-of-way or areas where rights-of-way may be acquired. Subtask 5.3 -Solicit Input from the City: The Consultant will contact and solicit input from the City of Omaha Department of Parks, Recreation and Public Property(PR&PP)regarding the bike trail alignment within the project area. The Consultant will also request record drawings from the PR&PP for landscaped areas on public property,within or adjacent to the right-of-way. Subtask 5.3.1 -Solicit Input from Willow Wood S.I.D. Board: The Consultant will contact and solicit input from the Willowood S.I.D. Board in order to receive their comments regarding the concept of locating the bike trail on S.I.D. parkland. Subtask 5.3.2—Willowood Bike Trail Review Meeting: The Consultant will conduct a meeting with the Willowood S.I.D. Board, and PR&PP to come to an agreement on design issues relating to the bike path on S.I.D. parkland. Subtask 5.4—Preliminary (30%)Plan Development Subtask 5.4.1 —Preliminary Landscape Concepts: The Consultant will prepare one or more concepts which illustrate the general character of the bike trail and landscape improvements as they relate to the typical road cross-sections and established limits of construction. 1. 123'd to 132nd Street • North Side of Road and Adjacent Park Land—Bike trail layout and planting concepts for trees and turfgrass and potential landscape berms along the edge of Willowood. • South Side of Road—Retaining wall layout, subdivision fence and column replacement concepts, and possible planting concepts for trees, shrubs,turfgrass, and native grass if opportunities exist and potential landscape berms along the edge of Bryn Mawr. 2. 132nd Street Intersection • Connection to 132nd Street Improvements—Connection to 132'd Street sidewalk and planting concepts for trees and turfgrass. Project No.STPC-5066(5) Page 6 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street 3. 132nd Street to 135th Street • North Side of Road—Bike trail layout and planting concepts for trees and turfgrass. • South Right-of-Way—Retaining wall layout, subdivision fence and column replacement concepts and possible planting concepts for trees, shrubs,turfgrass and native grass if opportunities exist. These preliminary concepts will be presented to the City for review. The Consultant will prepare a 1"=50' display board,which depicts the proposed alignment of the bike trail and landscape plantings. Once reviewed and accepted by the City,the bike trail and landscape improvements will be incorporated into the Preliminary(50%)Plan Development. Subtask 5.4.2—Prepare Preliminary(30%)Opinion of Probable Landscape Construction Costs: The Consultant will prepare a preliminary opinion of probable landscape construction costs. The costs to be included are bike trail construction, irrigation and landscape planting. Subtask 5.5—Preliminary (50%)Plan Development Subtask 5.5.1 —Prepare Preliminary(50%) Landscape Development Plans: The Consultant will refine • the landscape concepts as defined in subtask 5.4.1 based on the comments received during the 30%review stage from the City. An irrigation plan will be developed for trees and shrubs only. Subtask 5.5.2—Develop Preliminary(50%)Bike Trail Plans: The Consultant will develop a preliminary bike trail design plan in conformance with the AASHTO Guide for the Development of Bicycle Facilities manual and associated trail signage based upon the City of Omaha Park and Recreation Signage Standards. The Consultant will develop horizontal and vertical alignment of the trail in a redline format. Subtask 5.5.3—Develop Preliminary Design Alternatives: The Consultant will prepare preliminary design drawings for the following items: • Tree preservation and subdivision fence salvage items—The Consultant will develop a sketch which indicates existing trees to be preserved or removed based upon the Consultant's field documentation and the preliminary road design. The Consultant will identify those items (column caps, bronze plaques,etc.)that are part of the existing subdivision boundary fences which merit salvage and re-use them in constructing replacement fences. This information will be incorporated in the project removals drawing(s)and notes. • Subdivision fence and column replacements—The Consultant will develop sketches showing replacement of subdivision fences,columns and entry monuments. In certain locations, replacement fencing may occur on top of proposed retaining walls required for the project. The Consultant will incorporate this information in order to engineer the retaining walls and columns. • Sidewalk and retaining wall design—The Consultant will develop a sketch showing sidewalk and retaining wall alignments based upon the road design and preliminary landscape concepts. The Consultant will use this information to prepare the project layout drawings. Project No.STPC-5066(5) Page 7 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street • • Landscape grading sketch—The Consultant will develop a sketch showing the landscape berming for the landscape areas within the limits of construction. This information will be incorporated into the grading plans and cross sections. Subtask 5.5.4—Preliminary (50%) Opinion of Probable Landscape Construction Costs: The Consultant will revise the preliminary(30%)opinion of probable landscape construction costs. The costs to be included in the Consultant's cost opinion include bike trail construction,irrigation and landscape planting . Subtask 5.6-Final Review(90%)Plan Development: The Consultant will incorporate comments received from the City on the 50%Review Plan into the Final Review Plan(90%). The Consultant will prepare detailed plans of the landscape improvements,outlined in subtask 5.4.1, 5.4.2 and 5.5.2 above, which includes: horizontal and vertical alignment of the bike trail,bike trail signage locations and construction details, subdivision fence and column plans and construction details, irrigation and planting plans for inclusion in the Final Review Plan submittal. The 1"=50'.plans will be presented to the City for review. Subtask 5.6.1—Prepare Final(90%) Opinion of Probable Landscape Construction Costs: The Consultant will finalize the opinion of probable landscape construction costs. The costs to be included in the Consultant's cost opinion include bike trail construction, subdivision fence, irrigation and landscape planting . Subtask 5.7-Final Plan Revisions: The Consultant will revise the plans and cost opinion in accordance with the City's comments on the Final Review Plans. TASK 6- GEOTECHNICAL ENGINEERING In this task geotechnical information will be gathered and testing performed to assess existing soil conditions and to determine recommendations for design parameters,construction methods and quality assurance testing. Subtask 6.1 - Geotechnical Investigation: A geotechnical investigation will be performed by performing soil borings at multiple locations throughout the project. Borings will generally be made to an approximate depth ten feet below the proposed or existing grade(whichever is deeper). Tests will be performed and soils sampled under the supervision of a geologist Subtask 6.2-Laboratory Testing: Laboratory testing will be performed to determine the physical characteristics of the soils encountered through the Project Subtask 6.3- Geotechnical Analysis,Design and Report: A detailed geotechnical report will be prepared that addresses the engineering analyses and design recommendations for the proposed improvements Project No.STPC-5066(5) Page 8 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street TASK 7-UTILITY COORDINATIONS AND RELOCATIONS In this task coordinations and design of utility relocations will be developed. Efforts will be made to involve the utility company representatives in joint planning sessions and to relocate the majority of the utilities prior to construction of the roadway improvements. Subtask 7.1 -Utility Coordination Meetings: Joint meetings will be held with the affected utilities to discuss the proposed improvements and required relocations. It is anticipated that three(3) utility coordination meetings will be required: one following 30%plan approvals,one following 50%plan submittal, one following final review plan submittal. It is also anticipated that up to five(5)meetings will be required with individual utility companies to resolve utility conflicts. At least two(2)meetings with representatives of the One Call utility coordinating committee will be scheduled early to determine the extent of utility involvement in the first meeting and to focus on scheduling and coordinating utility conflicts and any planned improvements in the second meeting. It is anticipated that an additional two(2)utility coordination meetings will be required. Subtask 7.2-Utility Relocation Design: If sanitary sewer relocations are necessary, relocations can be designed and formatted for inclusion in the roadway improvement plans.. Water,gas, cable television and power line relocations will be the responsibility of the utility's owner. TASK 8-PRELIMINARY(30%)PLAN DEVELOPMENT In this task,preliminary plans will be developed which depict the preliminary improvements. Plan detail will be approximately 30%of final plan development and shall be to such a level that the plans convey the general intent of the improvements, and reasonably depict the right-of-way requirements for the project. Subtask 8.1 - Typical Sections: From consultation with the City, a typical section for the roadway improvements will be developed. Subtask 8.2 -Horizontal and Vertical Alignment: The preliminary horizontal and vertical alignment will be reviewed. If improvements can be reasonably made,alternative alignments will be developed. Subtask 8.3-Limits of Construction: Using the digital terrain model(DTM)and the approved typical section, limits of construction will be determined. After preliminary analyses alternatives will be developed to attempt to mitigate right-of-way impacts and lower project costs. Alternatives that may be considered include retaining walls, modification of typical section, and modifications to auxiliary lanes. Subtask 8.4-Evaluation and Selection,of Alternatives: Alternatives will be reviewed with the City. Preferred alternatives will be determined by the City with the input and assistance of the Consultant. Project No.STPC-5066(5) Page 9 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street i u Subtask 8.5-Preliminary Plan: Preliminary plans will be developed which depict topography,the planned pavement outline, sidewalk locations, concepts for landscape architecture, conceptual storm sewer and inlet relocations, limits of construction and preliminary right-of-way requirements. Preliminary plans will have sufficient detail to allow the City to review and approve concepts prior to further plan development. Subtask 8.6- Opinion of Probable Construction Costs: A Consultant's Opinion of Probable Construction Costs will be prepared for the City using the most recent complete NDOR biannual unit prices for similar construction as a base. Adjustments to unit prices and inflationary increases will be used as agreed upon with the City. • TASK 9- PRELIMINARY (50%)PLAN DEVELOPMENT In this task,after City approval of the 30%Plans,preliminary design will be completed. Preliminary (50%)plans will be developed and submitted to the City for approval. All design will be performed in accordance with the most recent version of the City of Omaha Standard Specifications for Public Works Construction. Subtask 9.1 -Right-of-Way Requirements: Further identify right-of-way requirements. Right-of-way requirements will be shown on a 1"=50' strip map for presentation at a public meeting. Subtask 9.2 - Drainage Study and Design: An analysis of the runoff flows and the existing storm sewer systems capacity will be performed within the project area. A reconnaissance level survey will be used to supplement other available information. The preliminary storm sewer modification lay out will be reviewed. Storm sewer system modifications will be further laid out using the Omaha Metropolitan Area Stormwater Management Design Manual. Storm sewer alignments and inlet locations will be shown on the plans. Existing storm sewers will be analyzed for one segment downstream of the new connection to determine deficiencies. Deficiencies will be reviewed with the City. Subtask 9.3-Preliminary(50%)Plans: Preliminary(50%)plans,will be prepared. The Consultant will provide two(2) sets to the City, one(1) set to Douglas County, four(4)sets to NDOR, and five(5) sets for private utilities. Subtask 9.4-Plan In Hand: The Consultant and Subconsultants will participate in a plan in hand with the City and prepare a Plan In Hand(Pill) report. Subtask 9.5-Permit Applications: The Consultant will identify permits required for the project, and complete the permit applications. Permit applications will be prepared for City signature and submitted to the appropriate agencies on the City's behalf. Subtask 9.6-Opinion of Probable Construction Costs: A Consultant's Opinion of Probable Construction Costs will be prepared for the City using the most recent complete NDOR biannual unit prices for similar construction as a based. Adjustments to unit prices and inflationary increases will be used as agreed upon with the City. Project No.STPC-5066(5) Page 10 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street u • TASK 10-FINAL REVIEW (90%)PLAN DEVELOPMENT In this task, after City approval of the 50%preliminary plans,design aspects will be performed to the final review(90%) level of detail. Final review plans will be developed and submitted to the City for approval. All design will be performed in accordance with the most recent version of the City of Omaha Standard Specifications for Public Works Construction. Subtask 10.1 -Drainage Design: Detailed design drawings will be prepared for storm sewer,manhole and inlet construction. City and NDOR standard drawings will be used to maximum extent possible. Subtask 10.2-Final Review Plans: Final review plans will be prepared in accordance with City design standards. The Consultant will provide two(2)sets to the City,one(1)set to Douglas County,four(4) sets to NDOR, and five(5)sets for private utilities. Final review plans will include but not be limited to,construction staging;permanent traffic signing;traffic signal layouts,phasing and coordination; supplemental specifications and special provisions, landscaping and aesthetic treatments; and retaining wall plans. Subtask 10.3-Right-of-Way Requirements: Right-of-way tract maps and descriptions will be prepared for right-of-way and permanent and temporary easement acquisitions. All acquisitions and legal instruments required for acquisition will be performed by the City. Subtask 10.4 - Opinion of Probable Construction Costs: A Consultant's Opinion of Probable Construction Costs will be prepared for the City using the most recent complete NDOR biannual unit prices for similar construction as a based. Adjustments to unit prices and inflationary increases will be used as agreed upon with the City. TASK 11 -FINAL PLAN DEVELOPMENT In this task, after City approval of the final review(90%)plans,final revisions will be made in accordance with the City's comments. Final plans will be submitted to the City for bidding and construction. Subtask 11.1 -Plan Revisions: Plans will be revised in accordance with the City's comments on the final review plans. Subtask 11.2 -Final Plan Submittal: Final plan sheets will be ink on vellum stamped by a Nebraska professional engineer,for submittal to the City. All plans shall also be submitted to the City inAutoCAD Land Development Desktop and Autodesk Civil Design,on 3 1/2"disks or CD. Survey point files will also be provided. Bid letting will be performed by the City. Unless the Consultant is retained for construction administration the City will be responsible for shop drawing reviews. If the consultant is retained for construction administration, shop drawing review will be included in these services. Project No.STPC-5066(5) •Page 11 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street a Subtask 11.3-Opinion of Probable Construction Costs: A Consultant's Opinion of Probable Construction Costs will be prepared for the City using the most recent complete NDOR biannual unit prices for similar construction as a based. Adjustments to unit prices and inflationary increases will be used as agreed upon with the City. TASK 12- CONSTRUCTION ENGINEERING SERVICES(OPTIONAL) In this task, after City approval, Construction Engineering Services will be provided by the Subconsultant, under the supervision of a Registered Professional Engineer licensed in the State of Nebraska. Services will mainly include project management, engineering survey and construction observation. Subtask 12.1 -Preconstruction Meeting,Weekly Progress Meetings: Schedule, invite all public agencies, contractor and utilities that are affected by the improvements. Supervise, direct and coordinate meeting activities; and provide typewritten notes to all in attendance. Subtask 12.2-Public Awareness: Provide and update newsletters to abutting property owners of impending phase construction and access restrictions. Keep the City informed of needed lane restrictions; signage and/or detours that may be needed which deviate from their prior approval in order to keep the general public currently informed. Subtask 12.3-Documentation of Work Performed: Provide and keep detailed notes, computations and measurements; records of quantities of pay items used in the work; records of materials entering the work and the tests or basis of acceptance of materials used along with a diary record of the Contractor's and Utilities operations. Documentation will be provided on forms and in a format acceptable to the City. Subtask 12.4- "On Site" Sampling and Testing of Materials: Sampling and testing frequency and methods will be performed in accordance with Volume II, State of Nebraska Materials Guide and any supplements to the guide. Subtask 12.5 -Monthly Pay Requests,Authorized Extra Work Items,Progress Reports: Pay requests will be reviewed and approved for verification of work completed and accepted for payment. Any and all authorized extra work items will be processed on a Work Order form prior to the start of work. Change Orders will also be processed to authorize payment of any extra work performed. Weekly Working Day and Progress Measurements Reports will be prepared and submitted to the City, State and the Contractor. Subtask 12.6-Final Inspection: Upon completion of all work, final inspection will be scheduled with City, State and Contractor representatives. Subtask 12.7-Final Documents: Red lined"As Built" Plans will be prepared for the City and the Nebraska Department of Roads along with a summary of final quantities of all contract items. Original notes, computations, measurements and records will also be submitted. Certification of the verification of the completeness and analysis of information submitted will be signed and sealed by a Registered Professional Engineering licensed to practice in the State of Nebraska. Project No.STPC-5066(5) Page 12 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street Y DESIGN COST ESTIMATE An engineering design cost estimate follows. Payment will be made by the City according to the provisions outlined in the Agreement. Project No.STPC-5066(5) Page 13 of 13 Control No. 21981 Blondo Street Improvement Project 123rd Street to 135th Street ti r . V a) Y r I 17 O O h O N in a 9 V - 44 •pomp CD CO CD °m1 o °. -4 ) li) = 4 ..= e "4"' 4 w ' up we ti. 0 - V OM s au 1 -+ © �� PO Cell U O. V e w M 4 , +r W � a "' O N ( C> c I (I � 78 . N ❑ bnQ $ . . c •O OV] N c N > > ... T 0 jc,� � o � i a, N cC U b C . odA 4tt • o ap a) U a. G a .9 ° 0 4 rn G. 4 R o _ 'd Emo 'zs o V. . o con g c g c �C a g E- c: 5 E- M Q v, p• ii2 .a a, i,. a. u. BLONDO STREET IMPROVEMENT PROJECT 123rd Street to 135th Street City of Omaha Michael Gorman, P.E. Principal-In-Charge Randall Kaster, P.E. Project Manager Landscape Design Roadway Design John Royster, ASLA Brian Ray. E.I. Big Muddy Workshop Dave Ayala, E.I. Public Participation. Traffic Engineering Survey and Right-of-Way Michael Gorman, P.E. Michael Gorman, P.E. K. Moseman, RLS/J.Webb Brian Ray, E.I. Sides&Associates, Inc. Materials Testing Construction Observation David Sobczyk, P.E. Jim Schneider Project No. STPC-5066(5) Control No. 21981 Blondo Street Improvement Project 123rd to 135th Street f:\proj\55-20-10031orgchart Exhibit "C" FEE SUMMARY SCHEDULE Direct Salary Costs Average 1999 Rate Estimated Estimated Personnel Classification $/Hour Hours Cost Principal-In-Charge $ 41.83 77 $ 3,220.91 Project Manager $ 32.21 495 $ 15,943.95 Senior Project Engineer $ 27.00 0 $ - Project Engineer $ 22.12 942 $ 20,837.04 Engineer $ 18.27 657 $ 12,003.39 Senior Technician $ 18.50 512 $ 9,472.00 Technician $ 14.25 1299 $ 18,510.75 Clerical $ 12.00 42 $ 504.00 4024 $ 80,492.04 Overhead @ 141.67% $ 114,033.07 Subtotal Direct Salary Costs Plus Overhead $ 194,525.11 Costs Forward 3% to Year 2000 $ 5,835.75 Subtotal Direct Salary Costs Plus Overhead $ 200,360.87 Profit @ 12% $ 24,043.30 Subtotal Direct Salary Costs + Overhead + Profit $ 224,404.17 Direct Nonsalary Costs Clerical Expenses $ 1,595.00 Computer $ 16,070.00 Vehicle $ 405.00 Sides &Associates $ 20,877.00 Big Muddy Workshop $ 38,609.75 Geotechnical Expenses $ 4,545.00 Subtotal Direct Nonsalary Costs $ 82,101.75 Total $ 306,505.92 Project No. STPC-5066(5) Control No. 21981 Blondo Street Road Improvements . p, I. a • I • . 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EXECUTED by the Consultant this 29th day of November, 1999. ATTEST: HWS CONSULTING GROUP INC. Michael N. Gorman • --434 �� BY �7 Vice President EXECUTED by the City this c 7 . day o 'PS 7 ATTEST: CITY OF OMAHA BY i2 C . . ACTING Mayor of the City of Omaha APPROVED AS TO FORM: // , ity Attorney" ,, _7^: v �- Project No.STPC-5066(5) Control 1 K O ® J_ © Page 22 of 25 Blondo Street Improvements—123r°Street to 135°Street X 4 -�5A ' CITY OF CIVIAHA ./ LEGISLATIVE CHAMBER Omaha,Nebr January 25, 2000 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the preliminary design for the widening of Blondo Street from 123rd to 135th Streets has been programmed in the 1999-2004 Capital Improvement Program as Project No. 410; and, WHEREAS, the Engineering Services will include data collection, &survey, a traffic study, preliminary and final design plans for grading, pavement, drainage, and a determination of utility conflicts; and, WHEREAS, HWS Consulting Group, Inc., has agreed to perform the services listed in the attached agreement, which by this reference is made a part hereof, for a fee in the amount of$306,505.92, which will be paid from the 1996 Street & Highway Bond, Organization 1509,Fund 341; 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 HWS Consulting Group, Inc., for a preliminary design for the widening of Blondo Street from 123rd to 135th Streets, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay $306,505.92 for these engineering services from the 1996 Street &Highway Bond, Organization 1509, Fund 341. APPROVED AS TO FORM: P:\PW 1\8145maf.doc �_ ATTORNEY DATE / 62u4 02 7 li ick By /j Councilmember Adopted J N 2 5 200 -D oz, City Clerk Approved c• ! ACTING Mayor /�'`/ Oe • 2 t 0 7 p ° . \ fa. r\ 2 ¢ /c _ D / ? \ \ _ 9 G ^�. \ • — / \ 0 / � ~~ ,73p ) e cr % crci «• •Ili / CD § w k 0 § m = D § pa §. d` cl o § 3 2 I ak � „ n2 o O §' o 129 m 2 j § § § 7 g c 2 / q • g ® o / q 2 k \ƒ k q2\a tJ n #• . � • • � a