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RES 1999-0795 - Agmt with Sides & Associates Inc for replacement of Dahlman Ave bridge at A St 4/ 7itoc,s- QMAHA,i,4, ��o `�� � RECEIVED Public Works Department _aa��•��t�'�j Omaha/Douglas Civic Center I� �� t� h 1819 Famam Street,Suite 601 n®i trim. March 30, 1999 9911AR °l.; l-,-.`'` 8 � ' 3 Omaha,Nebraska 68183 0601 • AcV ry °R 4° (402)444-5220 �TED FEB, ' r 1 #� � Telefax(402)444-5248 City of Omaha �� ��fL6RAJi4 DonW.Elliott,P.E. Hal Daub,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving the Agreement for Engineering Services with Sides&Associates,Inc. for staking, inspection, and field testing for the Dahlman Avenue bridge at "A" Street. This project is identified as Federal Aid Project BR-5063(2), State Control No. 21863 and City Special Project SP93-14. The program agreement with the Nebraska State Department of Roads for this project was approved by City Council by Resolution No. 1629 on June 16, 1998. Neither the City Public Works Department nor the State Department of Roads have sufficient engineering staff to undertake this project. Sides & Associates, Inc. was selected to perform this work by the Department of Roads, with assistance from the Public Works Department, in accord with the Architects and Engineers Review and selection process. The services to be provided are detailed in the Agreement. Sides&Associates, Inc.,has agreed to perform the services required for a fee of$299,468.56. The local cost, which is a responsibility of the City, is estimated to be $59,893.70. The costs incurred will be paid from the 1993 Street and Highway Bond, Organization 1509, Fund 333. Sides&Associates,Inc. has filed the required Annual Contract Compliance Report Form, CC-1, in the Human Relations Department. As is City policy,the Human Relations Director will review the consulting firm to determine its compliance with Ordinance 28885. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: ,,, 3 i7 y l T Don W. Elliott, 1'.E. Date Mayor's Office/Title ate /gyp Y Public Works Director o d as to Funding: Approved: ,49 t) 3//4h Louis A. D'Ercole Da'ate/ eo e L. a is Jr. Date Finance Director 0 Human ations Director P:\PW 1\4421.PJM ''' • SUPPLEMENTAL AGREEMENT NO. 1 PROJECT NO. BR-5063(2), CONTROL NO. 21863 CITY OF OMAHA SIDES & ASSOCIATES, INC. CONSTRUCTION ENGINEERING SERVICES DAHLMAN AVENUE /"A" STREET IN OMAHA THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of , 1999, by and between the firm of Sides &Associates, Inc., hereinafter referred to as the "Consultant," and the City of Omaha, Nebraska, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the parties hereto entered into an agreement signed by the Consultant on March 15, 1999, and by the City on April 3, 1999, for the Consultant to provide project management, construction staking, inspection, and field testing engineering services on Project No. BR-5063(2), and WHEREAS, the Consultant performed additional surveying and CADD services for design of storm sewer revisions and related pavement design, and WHEREAS, this supplemental agreement provides for an increase in the total contract amount eligible for reimbursement to the Consultant. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The Consultant performed additional surveying and CADD services, redesign of storm sewer drainage, and related pavement modifications. SECTION 2. The basis for this supplemental agreement is for additional labor hours for surveying and redesign. SECTION 3. The increase in the total contract amount is as described in the attached Exhibit"C", which is hereby made a part of this supplemental agreement. SECTION 4. In consideration for the additional surveying and design related hours, Section 6.A. of the original agreement is amended to increase the fixed fee from $29,072.56 to $29,212.62, an increase of$140.06; and to increase the limiting maximum amount from $270,396.00 to $275,104.37, an increase of$4,708.37; and to increase the total agreement amount from $299,468.56 to $304,316.99, an increase of$4,848.43. SECTION 5. Except as specifically amended by this Supplemental Agreement No. 1, all terms and conditions of the original agreement executed by the Consultant on March 15, 1999, and by the City on April 3, 1999, shall remain in full force and effect. 1 ik t9O2 _ IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. After being duly sworn on oath, I do hereby acknowledge the foregoing certification and state that I am authorized to sign this agreement for the firm. EXECUTED by the Consultant this 9Wday of_GV,, , 1e?. SIDES &ASSOCIATES C. , :;:-; :. 24ss e,c7 .--/; Title Crk) Subscribed and sworn to before me this day of , 19 GENERAL NOTARY-State of Nebraska KRISA K.BOLT E; ....;:.�:'-. My Comm.Exp.Nov 20,2002 Notary Pu lic EXECUTED by the City this optc, day of , 19 ' APPROVED AS TO FORM: CITY OF MAHA, NEBRASKA !Pi ',/,, eALIA--------, DEPUTY CITY ATTORNEY ATTES .yor STATE OF NEBRASKA ) )ss. COUNTY ) City Subscribed and sworn to before me this .4 day of , 197 . tGENERAL NOTARY•State of Nebraska BRINKER HARDING 1.:"'1 •, My Comm.Exp.Aug.31,2000 Votary Public APPROVED STATE OF NEBRASKA DEPARTMENT OF ROADS C �o £v Deputy Director-Operations g-/7-ci, Date AGR2-ZO • Project No. BR-5063(2) - 2 - Ss \ Control No. 21863 9 9 0 Dahlman Avenue /"A" Street in Omaha I K • • \SIDES & ASSOCIATES INC. 8611 Blondo Street SIDES Suite 2 Omaha, Nebraska 68134 Phone: (402)397-1009 CONSULTING ENGINEERS Fax: (402) 397-5051 June 24, 1999 RECEIVED BY P, Wc:TD EVE L.0IFAAF: TD \'. Mr. Randy ElDorado, Agreements Engineer J U Pd 2 5 1999 Nebraska Department of Roads • P.O. Box 94759 Lincoln, Nebraska 68509-4759 RE: Dahlman Avenue/"A" Street in Omaha Project No. BR-5063(2) Control No. 21863 Dear Mr. ElDorado: • The City of Omaha and the Union Pacific Railroad have had several recent discussions on-site regarding proposed storm sewer construction as shown on the plans just North of the existing grade crossing and resultant silting of the grade railroad crossing which has occurred prior to the start of contractor operations. As a result of their initial review of the storm sewer drainage as planned we have been directed to have Lamp Rynearson make certain design modifications to the storm sewer as shown on the plans in the vicinity of the existing grade crossing. Enclosed is correspondence from Lamp Rynearson & Associates, Inc. which further describes the design modifications as requested by the City. Please amend our agreement to include the additional maximum amount of$3,435.10 for Lamp Rynearson & Associates services as described. As a part of these design modifications, Sides & Associates has performed additional survey and CADD services to provide on-site survey topography required. Survey Crew (3 person) 10.0 hours X $81.71/crew hour = $ 817.10 CADD Technician 11.0 hours X $41.47/hour = $ 456.17 Subtotal = $1,273.27 Fixed Fee for Profit = $ 140.06 Sides & Associates Subtotal = $1,413.33 Civil Design • Project Management• Land Surveying Project No. BR-5063(2) EXHIBIT "C" Control No. 21863 Sheet 1 of 6 Dahlman Avenue/"A" Street in Omaha • • We understand that 'approved final corrected' plans need to be submitted to the Lincoln NDOR office for review prior to construction. If you need further information or clarification of our amendment request, please contact me at your convenience. Sincerely, • Roy Sides, P.E. Project Manager CC: Tim O'Bryan, City of Omaha, Public Works Dept. Chuck Reisen, Nebraska Department of Roads Sorin Juster, Lamp Rynearson& Associates, Inc. File 2 Project No. BR-5063(2) EXHIBIT "C" Control No. 21863 Sheet 2 of 6 Dahlman Avenue/"A" Street in Omaha • lamp, rynearson S associates, inc. J engi surveyors planners I -701 14710 west dodge road, suite 100 ph 402 .496 .2499 omaha, nebraska 68154 - 2029 fax 402 .496 .2730 June 10, 1999 • Mr. Roy Sides, P.E. Sides&Associates, Inc. 8611 Blondo Street, Suite 2 Omaha, NE 68134 REFERENCE: Dahlman Avenue-Storm Sewer and Paving Plans Modifications Engineering Proposal Dear Mr. Sides: Lamp, Rynearson&Associates, Inc. is pleased to present this proposal to provide engineering services associated with the above-referenced project. We understand that the scope of our services will include the following tasks: 1. Evaluation of storm sewer alternative routes in the vicinity of Union Pacific Railroad at the south end of the project.Plan revisions to reflect the chosen alternative.An updated field survey of the relevant area was performed by Sides and Associates. 2. Paving plans revisions to reflect change in transition taper between the proposed and existing pavement from the plan location south of the tracks to a new location north of the railroad tracks. 3. Revise the following sheets only:Construction Sheets(22),Geometrics(8), Drainage Sheets(34), Drainage Profiles (46). 4. Quantities will be revised on the sheets only. No submittal to NDOR will be required. We propose to bill for our services on the basis of hourly charge rates plus reimbursable expenses incurred up to the maximum amount of$3,435.10. This amount is based on the enclosed list of estimated hours, hourly charge rates and direct non-salary costs. If this proposal is acceptable, we ask that you acknowledge by signing below and returning one copy to us. Yours truly, LAMP,P, RY EARS N &ASSOCIATES, INC. R Sorin uster, P.E. Senior Project Manager Enclosures By: %� City of Omaha MEMBER ENGINEERS COUNCIL ,'• O:\PROPOSAL\1999\dahlman.wpd Project No. BR-5063(2) EXHIBIT "C" Control No. 21863 Sheet 3 of 6 Dahlman Avenue/"A" Street in Omaha • • FEE SUMMARY Date Created: 06/10/1999 Date Printed: 06/10/1999 EMPLOYEE CLASSIFICATION HOURS RATE TOTAL Principal (Design) 0'I $1501 $0.00 Principal (Construction) 01 $125 1 $0.00 Principal Transportation 1 $115 $115.00 Senior Project Manager 17 $86 $1,462.00' Project Engineer 01 $53 $0.00 Engineering Technician 30 I $42 $1,260.00• Land Surveyor 0 $72 $0.00 Field Survey Coordinator 0 $53 $0.00 Survey Crew 01 $1101 $0.00 Construction Project Manager 0; $1051 $0.00 Construction Inspector 0 $50 I $0.00 Construction Engineer 0 $57 I $0.00 Clerical 2 j $34 $68.00 Total Direct Salary Costs $2,905.00 Direct Non-Salary Costs ! $530.10 Geotechnical Consultant $0.00 Total $3,435.10 • • • • • Project No. BR-5063(2) EXHIBIT "C" Control No. 21863 Sheet 4 of 6 Dahlman Avenue/"A" Street in Omaha • • DAHLMAN AVENUE-ENGINEERING PROPOSAL SUMMARY OF HOURS FOR STORM SEWER AND PAVING REVISIONS Date Created:0 611 011 9 9 9 Date Printed: 06110/1999 03:48 PM P P P PM ' PE i T LS I FSC! SC C 1 CM CI CE !TOTAL NO. �MMIOIJ LS OFSHT. • A.ENGINEERING I ; _ 1.Storm Sewer Alternates 1 12; 10; I, 23. 2, 2.Paving 31 10; , 13 2 3.Plan Revisions and Quantities 2! 10 I 21 14: SUBTOTAL 0 0 1 17 0 30 0 0 0 2 0 0 0 50 4 TOTAL 0 0 1 17 0 30 0 0 0 2 0 0 0 50 4 LEGEND P-PRINCIPAL(LOREN STEENSON) PM-SENIOR PROJECT MANGER(SORIN JUSTER) T-TECHNICIAN(Aaron Johnson) C-CLERICAL(SHARYN McCOSKEY) • Project No. BR-5063(2) EXHIBIT "C" Control No. 21863 Sheet 5 of 6 Dahlman Avenue/"A" Street in Omaha DIRECT NON-SALARY COSTS Date Created: 06/10/1999 Date Printed: 06/10/1999 ITEM QUANTITY UNIT UNIT AMOUNT RATE Computer 401 HRS $10.00 $400.00 Plotter 3 I SHEETS $7.50 $22.50 Drafting Supply 1 I LS $10.00: $10.00. •Blacklines 151SHEETS $0.84; $12.60 Copies 25 I EA $0.15: $3.75 Long Distance Telephone ' 0;LS $25.00 $0.00 Fax 15;SHEETS $0.25 $3.75 Postage, Express Mail & Messenger 1 LS $50.00 $50.00 Mileage 100'MI $0.28 . $27.50 Total Stations with Data Recorder 0 1 Days $200.00. $0.00 Total $530.10 Project No. BR-5063(2) EXHIBIT "C" Control No. 21863 Sheet 6 of 6 Dahlman Avenue/"A" Street in Omaha • -I • e t • w ' • DAHLMAN AVENUE/"A" STREET 1N OMAHA PROJECT NO. BR-5063(2) CONTROL NO. 21863 Preparatory Work + Contract Period + Final Time 5 Days + 239 days+ 13 Est Weather Days + 10 Days =252 Days =267 Days Inspection Period SIDES & ASSOCIATES,INC. Preconstruction Meeting: Project Manager 4.0 Hours x$28.25/hour = $ 113.00 Lead Inspector 4.0 Hours x$15.00/hour = 60.00 Inspection Period: Project Manager 262 Days x 2 hours/day x $28.25/hour = 14,803.00 Lead Inspector 15 Days x 8 hours/day x $15.00/hour = 1,800.00 252 Days x 9 hours/day x $15.00/hour = 34,020.00 Inspector 177 Days x 9 hours/day x$13.00/hour = 20,709.00 Winter Months: Jan, Feb, March Project Manager 13 Weeks x 8 hours/week x $28.25/hour = 2,938.00 Lead Inspector 13 Weeks x 20 hours/week x $15.00/hour = 3,900.00 Survey Survey Crew(3 Person) 750 Hours x$33.50/crew hour = 25,125.00 Party Chief 100 Hours x$15.00/hour = 1,500.00 As Builts Lead Inspector 60 Hours x$15.00/hour = 900.00 Inspector 40 Hours x $13.00/hour = 520.00 Cadd Technician 70 Hours x$17.00/hour = 1,190.00 Clerical 60 Hours x$13.00/hour = 780.00 Sub Total = 108,358.00 O.H. Factor(2.4391) Sub Total = $264,296.00 Fixed Fee for Profit = 29,072.56 Sides& Associates' Sub Total = $293,368.56 LAMP RYNEARSON& ASSOCIATES, Sub-Consultant Shop Drawing Review&Project Design Consultation Total Direct Salary and Direct Non-Salary Cost = $ 6,100.00 Sides &Associates, Lamp Rynearson& Associates Total = $299,468.56 EXHIBIT "C" Project No. BR-5063(2) Control No. 21863 Page 1of1 I K 9 9 0 2 STAKING AND INSPECTION/PROJECT MANAGEMENT AGREEMENT PROJECT NO. BR-5063(2), CONTROL NO. 21863 CITY OF OMAHA SIDES &ASSOCIATES, INC. CONSTRUCTION ENGINEERING SERVICES DAHLMAN AVENUE/A STREET IN OMAHA THIS AGREEMENT, entered into by and between the firm of Sides &Associates, Inc., hereinafter referred to as the "Consultant", and the City of Omaha, Nebraska, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City is planning grading, pavement, culverts, bridge and guardrail improvements on Dahlman Avenue and "A" Street In Omaha, and WHEREAS, the work will be done under the project designation of BR-5063(2), and WHEREAS, Federal regulations provide that the State shall have the responsibility for the construction of all Federal-aid projects, and will be responsible for insuring that such projects receive the same degree of supervision and inspection as projects constructed under a contract let and directly supervised by the State and that the project is completed in conformity with approved plans and specifications, and WHEREAS, the City and State do not have sufficient personnel available for such supervision and inspection, and WHEREAS, the City may employ a consultant to provide construction engineering services, and WHEREAS, the City shall provide a city employee or Consultant to be in responsible charge and direct control of the project at all times, and WHEREAS, it is the desire of the parties hereto that the Consultant furnish project management, certain construction staking, inspection and field testing engineering services in connection with the above described construction, and WHEREAS, the Consultant does represent that it is in compliance with the Nebraska Statutes relating to the registration of professional engineers, and NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. DEFINITIONS: WHEREVER in this agreement the following terms are used, they shall have the meaning here given: "CITY" shall mean the City of Omaha of the State of Nebraska, the Mayor or an authorized representative. "STATE" shall mean the Nebraska Department of Roads of the State of Nebraska, Lincoln, Nebraska, the Director of the Department, or an authorized representative of the Director. The State is representing the United States Department of Transportation on this. project and any reference to the "State" in this agreement shall mean the State on behalf of the United States Department of Transportation. "CONSULTANT" shall mean the firm of Sides &Associates, Inc., whose business and mailing address is 8611 Blondo Street, Omaha, Nebraska 68134. "SUBCONSULTANT" shall mean the firm of Lamp, Rynearson &Associates, Inc. whose business and mailing address is 14710 West Dodge Road, Suite 100, Omaha, Nebraska 68154-2029. "FHWA" shall mean the Federal Highway Administration, Department of Transportation, Washington, DC 20590, acting through its authorized representatives. "DOT" shall mean the United States Department of Transportation, Washington, DC 20590, acting through its authorized representatives. "PROJECT MANAGER" shall mean that person appointed by the City to oversee the project and ensure that the project is in compliance with all the terms of this contract and requirements for Federal funding. "STATE REPRESENTATIVE" shall mean an employee of the State designated by the State to review the project to assist the City in complying with the contract, plans, scope of work, regulations, statutes, etc., in order that Federal funds may be expended on the project. The State Representative will notify the City that compliance with the contract is acceptable or unacceptable. If unacceptable, the State Representative shall state in writing why such work is not in compliance with the contract and that Federal funds for the project are in jeopardy. 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. BR-5063(2) -2- Control No. 21863 Dahlman Avenue/A Street In Omaha *. 0 J To "SUSPEND" the work shall mean that it has been determined by the City that progress is not sufficient or that the conditions or intentions as originally existed have changed or the work completed or submitted is unsatisfactory and that the work as contemplated herein should be stopped on a temporary basis. This cessation will prevail until such time as a determination can be made to abandon or terminate the work or to reinstate under the conditions as defined in this agreement. To "TERMINATE" or the "TERMINATION" of this agreement shall be the cessation or quitting of this agreement based upon action or failure of action on the part of the Consultant as defined herein and as determined by the City. SECTION 2. GENERAL DESCRIPTION OF SCOPE AND CONTROL OF THE WORK: The Consultant shall, upon receipt of Notice to Proceed, perform all the project management, shop drawing review, project design consultation, construction staking, inspecting and field testing services required under this agreement for Project BR-5063(2), Dahlman Avenue/A Street in Omaha, in Douglas County, Nebraska, as outlined in the attached EXHIBIT "A", Scope of Inspection, EXHIBIT "B" Scope of Shop Drawing Review, Project Design Consultation, and Exhibit"C," Consultant's Proposal which are attached and hereby made a part of this agreement. Such services in order to remain eligible for Federal funding shall be performed to the satisfaction of the City and State and in accordance with the Nebraska Standard Specifications for Highway Construction 1997 Metric Units Edition, and such supplemental P 9 Y PP specifications thereto, contract Special Provisions, Volume II of the State of Nebraska Materials Sampling Guide and any supplements to the Guide and the Nebraska Road Construction Manual. The Consultant and it's Subconsultant have furnished a personnel chart in EXHIBIT"C". Any major deviation from or revision in the classifications or personnel shown in the chart must receive the prior approval of the City. All personnel replacements must be made with persons of equal ability or experience and failure to provide capable replacements to keep the work on schedule will be cause for termination of this agreement, with settlement to be made as provided in Section 5 hereof. The Consultant's services include, but are not limited to project management, shop drawing review, project design consultation, advance staking, conducting the preconstruction conference, staking and inspection during project construction, preparing as-built plans in black ink on full size plans, progress computations, final computations, and preparing contractor change orders. Project No. BR-5063(2) - 3 - Control No. 21863 Dahlman Avenue/A Street In Omaha • Neither a consulting engineer firm, nor any of its employees, that is providing engineering and inspection services for the contracting agency shall be allowed to perform work that is the construction contractor's responsibility. A Consultant who provides both project engineering services for the contracting agency and engineering services for the project construction contractor is operating under an arrangement that gives the appearance of a possible conflict of interest and is unacceptable for Federal-aid work. SECTION 3. TIME OF BEGINNING AND COMPLETION: The City will issue the Consultant a written Notice-to-Proceed after this agreement is approved by the State. Any work or services performed on the project prior to the Notice-to- Proceed date is not eligible for reimbursement. The Consultant shall complete all work required under this agreement in a satisfactory manner within 45 calendar days after acceptance of the project by the City and State. Any costs incurred after the completion deadline are not eligible for reimbursement unless the City has approved an extension of time. SECTION 4. IT IS MUTUALLY AGREED THAT: (A) The City and State retain the right to perform any services on this project with their own staff. (B) The Consultant shall advise the State's Highway Minority Business Coordinator when it appears any Disadvantaged Business Enterprise (DBE) is in need of assistance. The Consultant shall make every effort to assist the Contractor or any Subcontractor in interpreting Plans and Specifications. (C) Prior to the start of construction, the Consultant will respond and be on the project with no more than 24 hours notice by the City. The Consultant in cooperation with the City will closely coordinate the number of people the Consultant and it's Subconsultant will provide for the required shop drawing review, project design consultation, staking, inspection, and field testing operations. (D) The performance of all work under this contract shall be subject to the inspection and approval of the City and State and shall be in accordance with the Construction Contractor's working schedule. (E) Four(4) copies of all reports of field tests performed by the Consultant will be submitted promptly to the State Representative each week with one copy submitted to the City. Project No. BR-5063(2) -4 - Control No. 21863 Dahlman Avenue/A Street In Omaha • (F) The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work contemplated in this agreement. (G) The completion time will not be extended because of any avoidable delay attributed to the Consultant but delays attributed to the Contractor, City or State shall constitute a basis for an equivalent extension of time. SECTION 5. CHANGE OF PLAN, ABANDONMENT, SUSPENSION AND TERMINATION: In the event the Construction Contractor does not complete the work within the contract time allowance of 370 calendar days, the total contract amount may be adjusted by a supplemental agreement to establish the compensation to be made for surveying, supervision, inspection, and field testing services performed after expiration of the time allowance as adjusted or extended in accordance with the Specifications. City authorized changes in the scope of work, which increase the work hours or services required of the Consultant, will provide the basis for an extension of time. Additions to the scope of work, if approved by the City, may require negotiation of a supplemental agreement. For any work beyond the scope of services, the Consultant will be required to document the additional work, estimate the cost to complete said work and receive approval from the City before such work begins. Any such work performed prior to approval will be done at the expense of the Consultant. 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 contract. The right is reserved by the City to suspend work under this agreement at any time; or to terminate for just cause. Such suspension or termination may be effected by giving the Consultant seven (7) days written notice. If the City abandons the work, or subtracts from the work, suspends the work or terminates the work as presently outlined, the Consultant shall be compensated in accordance with the provisions of 48 CFR 31, provided however, that in case of suspension, abandonment, or termination for breach of this agreement or for tender of improper work, the City will have the power to suspend payments, pending the Consultant's compliance with the provisions of this agreement. In determining the percentage of work completed, the City will consider the work performed by the consultant prior to abandonment or termination to the total amount of work contemplated by this agreement. The ownership of all engineering documents completed or partially completed at the time of such termination or abandonment, shall be the property of the City and the Consultant shall immediately deliver all documents to the City. All reports, records, results and working Project No. BR-5063(2) - 5 - Control No. 21863 Dahlman Avenue/A Street In Omaha , . papers arising from the work of the Consultant shall be the property of the City. The Consultant shall not release or make use of same for any purpose whatever without the specific written permission of the City. The Consultant will be compensated for any leased or rented equipment required on the project for the remaining time of a lease or rental contract up to a maximum time of thirty (30) days from the date of written suspension or termination, less any credit the Consultant receives from the lessor, provided that the Consultant cannot utilize the equipment on another project. SECTION 6. FEES AND PAYMENTS: A. For performance of the work as outlined in this agreement, the Consultant will be paid a fixed-fee-for-profit of$29,072.56 as defined in paragraph D of this section, and up to a limiting amount of$270,396.00 for actual costs as defined in paragraph E of this section, that are allowable subject to the terms of this agreement and the federal cost principles contained in the Federal Acquisition Regulation (48 CFR 31). The total agreement amount is $299,468.56. B. The Consultant is responsible for determining if its actual costs will exceed the limiting amount stated above. If at any time during this project, the Consultant determines that its costs will exceed, or have exceeded, the limiting amount stated above, the consultant must immediately notify the City and State in writing and describe which costs are causing the overrun and the reason. The Consultant will also estimate the additional costs needed to complete the work. The City and State will then determine if the limiting amount is to be increased, and a supplemental agreement prepared. The City and State shall not be obligated for costs in excess of the limiting amount not approved in advance. C. The City and State are not responsible for costs incurred prior to the Notice-to-Proceed date or after the completion deadline date stated in Section 3 of this agreement. D. The fixed fee is computed upon the direct salary or wage costs, indirect salary costs, indirect non-salary costs, and direct payroll additives. The fixed fee is not allowable upon direct non-salary costs. E. Actual costs include direct labor costs, direct non-labor costs, and overhead costs. (1) Direct Labor Costs Direct labor costs are the wages paid to employees for the time they are working directly on the project. For hourly employees, the Consultant shall bill the project at the employee's straight time hourly rate for regular hours worked Project No. BR-5063(2) -6 - Control No. 21863 Dahlman Avenue/A Street In Omaha • • and at 150% of the employee's straight time hourly rate for overtime hours paid to the employee in accordance with the Consultant's overtime policy. Regular hours shall be defined as forty(40) hours of work per calendar week performed on this project. Any hours performed by hourly employee's over forty hours on this project per calendar week, shall be eligible for overtime wages at 150% of the employee's straight time hourly rate. When overtime is included in the Consultant's overhead rate calculation, the Consultant will not bill overtime as a direct labor cost. For salaried employee, the Consultant shall determine the hourly earnings rate by dividing the employee's fixed annual compensation by the number of hours normally expected to be worked that year. In those pay periods which the salaried employee works more hours than normally expected per calendar week on this project, the Consultant shall bill the project for the hours actually worked multiplied by the salaried employee's hourly earnings rate. The rates shown herein for direct labor are rates estimated to be in force at the mid-point of the contract for the purpose of estimating the hourly cost of the work. The hours charged to the project must be supported by adequate time distribution records. The records must clearly indicate the distribution of hours to all activities on a daily basis for the entire pay period, and there must be a system in place to ensure that time charged to each activity is accurate. (2) Direct Non-Labor Costs Charges in this category include per diem expenses for personnel away from their base of permanent assignment, communication costs, reproduction and printing costs, computer charges, special equipment and materials required for the project, special insurance premiums if required solely for this contract and other similar items. Payment for these items shall be made on receipted invoices, whenever possible, or on certified billings of the Consultant. For purposes of standardization on this contract, the following expenses will be reimbursed at the rates indicated: Automobile - $0.30 per mile Survey Vehicle - $0.325 per mile Lodging - Actual cost, not to exceed $45.00 per person daily. Meals -Actual cost not to exceed: Project No. BR-5063(2) - 7 - Control No. 21863 Dahlman Avenue/A Street In Omaha *14, 0 • • Breakfast $ 6.00 Lunch 7.00 Dinner 12.00 $25.00 (Includes tax and gratuity) For the Consultant and its employees to be eligible for the meal allowance, the following criteria must be met. Breakfast: (a) Employee is required to depart at or before 6:30 a.m., or (b) Employee is on overnight travel. Lunch: (a) Employee must be on overnight travel. No reimbursement for same day of travel. (b) Employee is required to leave for overnight travel at or before 11:00 a.m. or (c) Employee returns from overnight travel at or after 2:00 p.m. Dinner: (a) Employee returns from overnight travel or work location at or after 7:00 p.m. or (b) Employee is on overnight travel. Meals are not eligible for reimbursement if the employee eats within 20 miles of the headquarters town of the employee. The Consultant is not required to provide the City with meal receipts, but shall note the actual costs in a daily diary, expense report, or on the individual's time report along with the time of departure to the project and time of return to the headquarters town. (3) Overhead Costs Overhead costs include indirect salary costs, indirect non-salary costs, and direct salary additives that are allowable in accordance with 48 CFR 31. Overhead costs are to be allocated to the project as a percentage of direct labor costs. The Consultant will be allowed to charge the project using its actual allowable overhead rate. Overhead rate increases which occur during the project period will not be cause for an increase in the limiting maximum amount established in paragraph A of this section. (4) Payments and Retention The Consultant should submit invoices to the City at monthly intervals, with a copy to the State Representative. The invoices must present actual direct labor, with regular hours and overtime hours itemized, actual overhead, and actual direct non-labor costs, as well as a prorated amount of the fixed fee based upon Project No. BR-5063(2) -8- Control No. 21863 Dahlman Avenue/A Street In Omaha L the actual direct labor and overhead costs billed for that period relative to the Consultant's estimated total direct labor and indirect overhead costs, until 100 percent of the fixed fee has been billed. The fixed fee amount on the final invoice should be the difference between 100 percent of the agreed-upon fee and the total amount previously billed. The invoices must identify the hours worked and each individual's actual labor cost. Direct non-labor expenses must be itemized and provide a complete description of each item billed. Monthly invoices must include a progress report which indicates the percent of work completed during the period, until the work is complete. The Consultant shall be paid 100% of actual cost and 100% of the fixed fee until 90% of the fixed fee has been paid. The final 10% of the fixed fee will be retained until completion of the work, acceptance by the State and a final audit of all invoiced amounts has been completed by the State or its authorized representative. The State will make every effort to pay the Consultant within 30 days of receipt of the Consultant's invoices. Payment is dependent upon whether the monthly progress reports provide adequate substantiation for the work and whether the State determines that the work is satisfactory. The acceptance by the Consultant of the final payment will constitute and operate as a release to the City and State for all claims and liability to the Consultant, its representatives and assigns, for any and all things done, finished, or relating to the services rendered by or in connection with this agreement or any part thereof. The Consultant agrees to reimburse the State for any overpayments discovered by the State or its authorized representative. The consultant shall maintain, and also require that any Subconsultants/Subcontractors maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and shall make such material available for examination at its office at all reasonable times during the agreement period and for three years from the date of final payment under this agreement. Such materials must be available for inspection by the City, State, FHWA, or any authorized representative of the federal government, and copies thereof shall be furnished by the Consultant, when requested. Project No. BR-5063(2) - 9 Control No. 21863 Dahlman Avenue/A Street In Omaha SECTION 7. DUE PROFESSIONAL CARE: It is understood by the parties that the City and State will rely on the professional performance and ability of the Consultant. Any examination by the City and State, or any acceptance or use of the work product of the Consultant, will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of the Consultant which would relieve the Consultant from any liability or expense that would be connected with the Consultant's sole responsibility for the propriety and integrity of the professional work to be accomplished by the Consultant pursuant to this agreement. That further acceptance or approval of any of the plans or work of the Consultant by the City and State or of payment, partial or final, shall not constitute a waiver of any rights of the City and State to recover from the Consultant damages that are caused by the Consultant due to error, omission or negligence of the Consultant in its work. Consultant's legal liability for all damages incurred by the City and State caused by error, omission or negligent acts of the Consultant shall be borne by the Consultant without liability or expense to the City or State. SECTION 8. STATE TO FURNISH: The State will furnish the following items, equipment, and services: (1) Two sets of project design plans and any required standard report forms. (2) State of Nebraska Standard Specifications for Highway Construction and supplemental specifications (to be returned to the State at the completion of the project). (3) State of Nebraska Road Construction Manual (to be returned to the State at the completion of the project). (4) Field books and assist in their initial preparation, with the Consultant setting up and making the field entries. Electronic field books are acceptable with weekly copies to City and State Representative. The Consultant shall provide a certified bound copy to the City at the end of the project for all required field books. (5) Prepare Supplemental Construction Engineering Agreements. (6) Signs, and reflectometer. (7) Holiday detector. (8) Volume II of the State of Nebraska Materials Sampling Guide and any supplements to the Guide (to be returned to the State at the completion of the project). (9) Plant inspection of concrete materials for project. Project No. BR-5063(2) - 10 - Control No. 21863 Dahlman Avenue/A Street In Omaha .4tim. 0 SECTION 9. CONSULTANT TO FURNISH OR PERFORM: The Consultant will furnish and do the following items and services: (1) Hard hats or orange ball caps when hard hats are not required, orange vest or orange shirt, safety-toed shoes, eye and ear protection and will wear such when on the project site. Projects associated along railroad areas may restrict the use of hard hats, ball caps, vests or shirts of certain colors. The Consultant shall coordinate with the State Representative as to specific project requirements. (2) Molds, collection and making of concrete cylinders, plus all other equipment and supplies required for the routine acceptance and other special tests which relate to acceptability of material. (3) Submit completed forms and reports as outlined in Exhibit"A." (4) All portable surveying signs, consultant to install and remove. (5) Prepare contractor change orders with the assistance of the State Representative. (6) Construction stakes, nails and flagging material for survey party. (7) Have testing and sampling equipment calibrated and checked prior to commencing work. (8) Project signing plan, and check reflectivity of barricades. (9) Review shop drawings, provide project design consultation when required. (10) The Consultant shall perform all required services under the direct supervision of a registered Professional Engineer licensed to practice in the State of Nebraska. (11) The Consultant shall prepare and keep: detailed notes, computations and measurements, records of quantities of pay items used in the work; records of the materials entering the work and the tests or basis of acceptance of these materials; and a diary record of the contractor's operations. Upon completion of the work, the Consultant shall prepare as-built plans and a summary of the final quantities of all contract items covered by this agreement in the format provided by the State Representative, which together with all original notes, computations, measurements and records outlined herein, shall be promptly submitted to and become the property of the State. The Consultant shall certify in writing as to the completeness of the above reports, verifications and analyses, and shall affix to the summary sheets the signature and seal of registration of a Professional Engineer licensed to practice in the State of Nebraska. The completed as-built plans and the final quantities shall be delivered to the State no later than Project No. BR-5063(2) - 11 - Control No. 21863 Dahlman Avenue/A Street In Omaha 4, 0 forty-five (45) calendar days after the construction of this project is accepted by the State's District Engineer in Omaha. The City shall certify in writing to the State Representative compliance with the contract, plans, scope of work and statutes prior to acceptance of the project by the State's District Engineer. The State will provide written notification of the acceptance of the construction to the Consultant. If the delivered as-built plans and the final quantities are not complete or accurate to the satisfaction of the State, the State will return them to the Consultant for necessary action. The Consultant shall make such corrections without expense to the City and State. Additional work required to complete previous incomplete submittals will be paid for in accordance with Section 6 herein. The time used by the State to review the as-built plans and the final quantities or any delays not attributable to the Consultant will not be counted in determining the calendar days the Consultant used in completing the as-built • plans and the final quantities. If the Consultant fails to deliver the completed as-built plans and the final quantities to the State within the time frame described herein, liquidated damages in the amount of one hundred dollars ($100)will be charged for each additional calendar day that the work remains uncompleted. (12) Sampling and testing frequency and methods shall be in accordance with Volume II, State of Nebraska Materials Sampling Guide and any supplements to the Guide, the special provision of the contract, or as may be directed by the State. SECTION 10. FORBIDDING USE OF OUTSIDE AGENTS: The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit to secure this agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this agreement. For breach or violation of this warranty, the City and State 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, percentage, brokerage fee, gift, or contingent fee. Project No. BR-5063(2) - 12 - Control No. 21863 Dahlman Avenue/A Street In Omaha • SECTION 11. NON-RAIDING CLAUSE: The Consultant shall not engage the services of any person or persons presently in the • i employ of the City or State for work covered by this agreement without the prior written consent of the employer of such persons. SECTION 12. GENERAL COMPLIANCE WITH LAWS: The Consultant hereby agrees to comply with all Federal, State and local laws and ordinances applicable to the work. SECTION 13. DISPUTES: Any dispute concerning a question of fact in connection with the work not disposed of by this agreement, which shall affect Federal funding, will be referred for determination to the Director of the State or a duly authorized representative, whose decision in the matter will be final and conclusive on the parties to this agreement. SECTION 14. RESPONSIBILITY FOR CLAIMS AND LIABILITY: 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 Consultants, subconsultants, agents, or its employees. In this connection, the Consultant shall for the life of this agreement, carry insurance of the following types in at least the following amounts: 1. Bodily Injury and Property Damage with a combined single unit of liability of $ 500,000 each occurrence or Bodily Injury General and Automobile $ 250,000 each person General and Automobile $ 500,000 each occurrence Property Damage General and Automobile $ 250,000 each occurrence General $ 500,000 aggregate 2. Workmen's Compensation - Statutory The insurance referred to in Number 1 above 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. Proof of insurance coverage shall be furnished the State by the Consultant. SECTION 15. SUCCESSORS AND ASSIGNS: This agreement shall be binding on successors and assigns of either party. Project No. BR-5063(2) - 13 - Control No. 21863 Dahlman Avenue/A Street In Omaha SECTION 16. DRUG-FREE WORKPLACE POLICY: The Consultant shall have on file with the State an acceptable drug-free workplace policy. SECTION 17. FAIR EMPLOYMENT PRACTICES ACT: The Consultant agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Sections 48-1101 through 48-1126, Nebraska Revised Statutes (Reissue 1988), which is hereby made a part of and included in this agreement by reference. SECTION 18. DISABILITIES ACT The Consultant agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as implemented by 28 CFR 35, which is hereby made a part of and included in this agreement by reference. SECTION 19. MINORITY BUSINESS ENTERPRISES: (A) Policy The Consultant agrees to ensure that minority business enterprises as defined in 49 CFR 23 shall have the maximum opportunity to participate in the performance of subcontracts financed in whole or in part with Federal funds under this agreement. Consequently, the minority business requirements of 49 CFR 23 are hereby made a part of and incorporated by this reference into this agreement. (B) Minority Business Enterprise Obligation The Consultant agrees to ensure that minority business enterprises as defined in 49 CFR 23 have the maximum opportunity to participate in the performance of subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, the Consultant shall take all necessary and reasonable steps in accordance with 49 CFR 23 to ensure the minority business enterprises have the maximum opportunity to compete for and perform subcontracts. The Consultant shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. Failure of the Consultant to carry out the requirements set forth above shall constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the City and State. Section 21 of this agreement further explains the Consultant's responsibility in ensuring that minority business enterprises have the maximum opportunity to compete for subcontracts. SECTION 20. 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 Project No. BR-5063(2) - 14 - Control No. 21863 Dahlman Avenue/A Street.In Omaha the regulations of the DOT relative to nondiscrimination in federally-assisted programs of the DOT (49 CFR 21 and 27, hereinafter referred to as the Regulations), which are hereby made a part of and included in this agreement by reference. B. Nondiscrimination: The Consultant, with regard to the work performed by it after award and prior to completion of this agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of Subconsultants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the agreement covers a program set forth in Appendixes A, B, and C of 49 CFR 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subagreement, including procurements of materials or equipment, each potential Subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of race, color, sex, or national origin. D. Information and Reports: The Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the State or FHWA, as appropriate, and set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this agreement, the State will impose such agreement sanctions as it or the FHWA may determine to be appropriate, including but not limited to withholding of payments to the Consultant under this agreement until the Consultant complies, and/or cancellation, termination or suspension of this agreement, in whole or in part. F. Incorporation of Provisions: The Consultant shall include the provisions of paragraph A through E of this section in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any Project No. BR-5063(2) - 15 - Control No. 21863 Dahlman Avenue/A Street In Omaha ,,,,, 40 • subagreement or procurement as the State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a Consultant becomes involved in, or is threatened with litigation with a Subconsultant/Subcontractor as a result of such direction, the Consultant may request that the State enter into such litigation to protect the interests of the State, and in addition, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. SECTION 21. SUBLETTING ASSIGNMENT OR TRANSFER: Lamp, Rynearson &Associates, Inc. will be a Subconsultant on this project. Any other subletting, assignment or transfer of any other services to be performed by the Consultant is hereby prohibited unless prior written consent of the City and State is obtained. If the Consultant chooses to utilize any Subconsultant for work covered under this agreement, the Consultant shall enter into an agreement with the Sub consultant. All Subconsultant agreements for work covered under this agreement in excess of$10,000.00 shall contain all required provisions of this agreement. No right of action against the State or DOT shall accrue to any Consultant by reason of this agreement. As outlined in Section 19, the Consultant shall take all necessary and reasonable steps to ensure that minority business enterprises have the maximum opportunity to compete for and perform subcontracts. SECTION 22. FINANCIAL INTEREST LIMITATIONS: Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect in any City contract. A violation of that section with the knowledge of the Consultant, in addition to constituting employee malfeasance, shall be cause for the City to unilaterally terminate or void this agreement. SECTION 23. CONSULTANT CERTIFICATION: The Consultant hereby certified 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 associated with the firm in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds: Project No. BR-5063(2) - 16 - Control No. 21863 Dahlman Avenue/A Street In Omaha a) has employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant)to solicit or secure this agreement, or b) has agreed, as an express or implied condition for obtaining this agreement, to employ or retain the services of any firm or person in connection with carrying out this agreement, or c) has paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with procuring or carrying out this agreement, except as here expressly stated (if any). Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions Instructions for Certification 1. By signing this Agreement, the Consultant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this project. The Consultant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the City's determination whether to enter into this agreement. However, failure of the Consultant to furnish a certification or an explanation shall disqualify the Consultant from participation in this agreement. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the City determined to enter into this agreement. If it is later determined that the Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City may terminate this agreement for cause of 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. Project No. BR-5063(2) - 17- Control No. 21863 Dahlman Avenue/A Street In Omaha • 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. You may contact the City or State for assistance in obtaining a copy of those regulations. 6. The Consultant agrees that, should the proposed covered transaction be entered into, it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City before entering into this agreement. 7. The Consultant further agrees that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the City or State without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. The Consultant in a covered transaction may rely upon a certification of a prospective Subconsultant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A Consultant may decide the method and frequency by which it determines the eligibility of its principals. 9. Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if the Consultant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the City may terminate this agreement 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: Project No. BR-5063(2) - 18 - Control No. 21863 Dahlman Avenue/A Street In Omaha ., • _ • (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph (A)(2)of this certification; and (4) Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State or local)terminated for cause or default. B. Where the Consultant is unable to certify to any of the statements in this certification, such Consultant shall attach an explanation to this Agreement. I acknowledge that this certification is to be furnished to the State and the FHWA in connection with this agreement involving participation of Federal-aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. SECTION 24. CERTIFICATION OF CITY: After being duly sworn on oath, I, by signing this agreement do hereby certify that the Consultant or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay or agree to pay to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this certification is to be furnished to the FHWA in connection with this agreement involving participation of Federal-aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. SECTION 25. ALL ENCOMPASSED: ' This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than contained herein, and this agreement supersedes all previous communications, representations, or other agreements, either oral or written hereto. Project No. BR-5063(2) - 19 - Control No. 21863 Dahlman Avenue/A Street In Omaha . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. • 0-AraW4 STATE OF ) )ss. bnmlaS COUNTY ) After being duly sworn on oath, I do hereby acknowledge the foregoing certification and state that I am authorized to sign this agreement for the firm. EXECUTED by the Consultant this 4 '4day of c_4 , 1999 SIDES &ASSOCIATES, INC. Titlel - ,6F s/ i 01-/f‘-clay Subscribed and sworn to before me this l of Wirth) , 19 11 6ENERAI.NOTARY-State of Nebraska ALA KRISA K.BOLTE I Y\Akti My Comm.Exp.Nov.20,2002 Notary Public EXECUTED by the City this 30, day of4)1/ , 19 9'7 "� `vED AS :0 FORM: THE CITY OF !' AHA, BRASKA APPROVED � ..f 41P ASS'T, CITY ATTORNEY / Mayor STATE OF NEBRASKA ) )ss. ti-4- COUNTY. ) bscribed and sworn to before me this 3rday of 444, , 19 GENERAL NOTARY-State of Nebraska ij BUSTER J.BROWN .. '• °• My Comm.Exp.Aug.30,2001 of Public APPROVED STATE OF NEBRASKA DEPARTMENT OF ROADS Deputy Dir tor-Operations /g-93 Date AGR2-GX/ms Project No. BR-5063(2) - 20 - Control No. 21863 Dahlman Avenue/A Street In Omaha 9 0 2 * , • • GROUP ITEM • NO. NO. SCOPE OF INSPECTION 1 1 Field inspection, notebook record. 1 2-6 Field inspection,field measurement, notebook record. 1 7 Notebook record. 1 8 Field inspection, verification of work performed, notebook record. 1 9 Field inspection, measurement, notebook record. 1 10 Field inspection, tank or meter calibration, notebook record. 1 11 Field inspection, quantity computations, moisture density tests, notebook record. • 1 12 Field inspection, measurement, notebook record. 1 13-25 Field inspection, field measurement, verification of removal, notebook record. 1 26 Field inspection, verification of work performed, notebook record. 1 27 Field inspection, field measurement, verification of removal and resetting notebook record. 1 28 Field inspection, field measurement, notebook record. 1 29 Field inspection, notebook record. 1 30 Field inspection, field measurement, verification of removal and resetting notebook record. 1 31-33 Field inspection, notebook record. 3 34-35 Field inspection, measurement, verification of work performed and quantities used, daily report, notebook record. 3 36 Field inspection, notebook record. 3 37 Notebook record. 3 38 Field inspection, truck measurements, gradation tests, placement, test reports, notebook record. 3 39-42 Field inspection, slump and air tests, concrete tickets, form inspection, placement, concrete cylinders, etc., notebook record. 3 43 Field inspection, verification of placement, notebook record. 3 44-45 Monitor Contractor test results, check scale calibrations, scale checks, weigh tickets, required reports, laydown equipment checks, placement, density samples, daily placement report, notebook record. 3 46 Field inspection, measurement, verification of work performed and quantities used, daily report, notebook record. 3 47 Field inspection, tank or meter calibration, notebook record. 3 48 Field inspection, moisture-density tests, weekly report. 4 49 Notebook record.' 4 50 Field inspection, field measurement, verification of removal, notebook record.• Project No. BR-5063(2) EXHIBIT"A" Dahlman Ave./A Street-Omaha SHEET 1 of 3 • 4 51-55 Field inspection, inspection report, notebook record. 4 56-68 Field inspection, field measurement, notebook record. 4 69 Field inspection, measurement, verification of work performed and quantities used, daily report, notebook record. 4 70-71 Field inspection, slump and air tests, concrete tickets, form inspection, placement, concrete cylinders, etc., notebook record. 4 72 Field inspection, heat numbers, test tags, etc. and notebook record of steel placement. 4 73-79 Field inspection, verification of installation, lengths, heat numbers or inspection identification, etc., notebook record. 4 80 Field inspection, inspection report, notebook record. 4 81 Field inspection, scale tickets, summary of scale tickets, moisture and density tests, gradation tests, placement, notebook record. 6 82 Notebook record. 6 83 Field inspection, slump and air tests, concrete tickets, form inspection, placement, concrete cylinders, etc., notebook record. 6 84 Field inspection, Holiday Detector Test, notebook record of Steel placement. 6 85-88 Field inspection, verification of work performed, notebook record. 6 89-91 Field inspection, slump and air tests, concrete tickets, form inspection, placement, concrete cylinders, etc., notebook record. 6 92 Field inspection, shipping record, item's condition and notebook record. 6 ' 93 Field inspection, notebook record. 6 94 Field inspection, painting inspection, paint brand and lot numbers, certifications and notebook record. 6 95 Field inspection, Holiday Detector Test, notebook record of Steel placement. 6 . 96 Field inspection, field measurement, notebook record. 6 97 Field inspection, bearing computations, pile reports, notebook record. 6 98-101 Field inspection, field measurement, notebook record. 6 102 Field inspection, moisture density tests, gradation tests, weekly report, notebook record. 7 103 • Notebook record. . 7 104 Field inspection, field measurement, notebook record. 7 . 105-108 Field inspection, measurement, notebook record. 10 109-111 Field inspection, daily, notebook record. 10 .112 Field inspection, measurement, verification of work performed and quantities used, daily report, notebook record. 10 113 Field inspection, inspection report, notebook record. • 10 114 By State Forces. Project No. BR-5063(2) • EXHIBIT"A" Dahlman Ave./A Street-Omaha SHEET 2 of 3 =� • u • 10 115 Notebook record. The following is applicable to all work covered under this agreement: The State will perform all correlation tests which relate to acceptability of material. The Consultant will perform necessary tests which relate to control of construction. The sampling and testing frequency and methods shall be in accordance with Volume II, State of Nebraska Materials Sampling Guide and any supplements to the Guide. Specifically the minimum frequency of samples to be obtained by project personnel are those listed in the Materials Sampling Guide and any supplements to the Guide under Routine Samples in both Columns A and B and those 25 needed in Section 26 Miscellaneous Materials. The samples to be tested by project personnel are those listed under Routine Samples in Column A, with the exception of Concrete Test Cylinders which will be fabricated by project personnel and forwarded to the State's testing laboratory in Omaha. The project staking shall include, but not be limited to staking the center line, bench levels, control point tie out, and construction reference points, and final measurements. GENERAL: Each inspector will record a daily record of project work. This record should be included in one of the other project notebooks or in a separate notebook. The Consultant shall be responsible for the following and provide copies to the State: (A) Wage Interview Reports (every six(6) month period). (B) Furnishing the detailed information and quantities to the State Representative for the following: (1) Working Day Reports. (2) Weekly Progress Measurements. (3) Contractor Progress Estimates. (4) Contractor Payrolls and Statements of Compliance. . (5) Evaluation of Contractor. AGR50-VF/ms • • • • Project No. BR-5063(2) • EXHIBIT"A" Dahlman Ave./A Street-Omaha . • SHEET 3 of 3 • .giLk Ismp, rynssrson & associates, Inc. tt 11.1rdo• ro .n.,,s.re ......,ar. .�.. -n 14710 w.. doad, Bulb. l00 Oh 402•42E1.1142B •i r_ mn a . .. nsbraska ea1184.B0RO fax 402.4MB.0730 July 2, 19 • • Mr. Roy Sides, P.E. Sides b Associates, Inc. 6611 Blonde Street Omaha, NE 68134 • REFERENCE: Dahlman Avenue Bridge Construction Administration Dear Roy: Lamp, Rynaarson &Associates, Inc. Is pleased to present this proposal to provide consultation during construction of the Dahlman Avenue Bridge project. We propose to bill for our services on the basis of hourly charge rates plus reimbursable expenses up to the maximum amount of six thousand one hundred dollars ($6,100.00). This maximum amount is based on the attached estimated hours,hourly charge rates and reimbursable expenses. Please call if you have any questions on this proposal. We appreciate the opportunity to assist Sides&Associates, Inc. In the completion of this project. Yours truly, LAMP, RYNEARSON a ASSOCIATES, INC. Loran M. Steenson, P.E. Senior Vice President ism Enclosures Iallpropo. 1/sea mlialoldaa.o01t \..• • • EXHIBIT"B" Project No. BR-5063(2) Control No. 21863 . • ' Page 1 of 3 • SUMMARY OF TASKS&ESTIMATED HOURS DAHLMAN AVENUE BRIDGE CONSTRUCTION ADMINISTRATION LAMP.RYNEARSON&ASSOCIATES.INC. 07107J199E1 11 Site Visas --_ . 10 iil_ Slwp Drawing Review ZO _— _...IV._._ Plan Consultation —' 18 16 _.._. 32 V PROJECT MANAGEMENT 4 — — 4 ---- — -- - - - --- 5 48 16 2 �1 TOTAL - PT=PRINCIPAL-TRANSPORTATION(LOREN STEENSON) SPMB=SR.PROJECT MANAGER-BRIDGE(JOHN HILL) SPMR=SR.PROJ MANAGER-ROADWAY(SORIN JUSTER) WP=WORD PROCESSOR LAMP.RYNEARSON&ASSOC.,INC. 07/02/1998 DandCons.123 • • • • • • • • • • EXHIBIT"B" Project No. BR-5063(2) . Control No. 21863 • • Page 2 of 3 - i COST SUMMARY DAHLMAN AVENUE BRIDGE CONSTRUCTION ADMINISTRATION • EMPLOYEE CLASSIFICATION HOURS TQTTL Principal-Transportaion 5 HRS 108.00 as 625.00 Senior Project Manager-Bridge 48 HRS 83.00 a 3,884,00 Senior Project Manager•Roadway 18 HRS 83.00 : 1,328,00 Word Processor 2 HR8 34.00 a 68.00 TOTAL DIRECT SALARY COSTS - $5,905.00 DIRECT NON-SALARY EXPENSES Se 148.60 TOTAL is $6,053.60 NOT TO EXCEED AMOUNT as $e,100.00 DIRECT NON-SALARY EXPENSES DAHLMAN AVENUE BRIDGE CONSTRUCTION ADMINISTRATION ITEM QUANTITY AMOUNT • Copies 30 EA $0.12 0 $3.80 Mileage 100 MI 0.35 . 35.00 Postage, Delivery&Misc. 1 LS 10.00 as 10.00 Computer 10 HR 10.00 a 100.00 TOTAL DIRECT NON-SALARY EXPENSES - $148.80 LAMP, RYNEARSON&ASSOC„ INC. 07/02./1998 DahlCons.123 • • • • • • EXHIBIT"B" Project No. BR-5063(2) Control No. 21863 Page 3 of 3 Ra, /9e-, F.. SUPPLEMENTAL AGREEMENT #1 BETWEEN SIDES & ASSOCIATES, INC. AND THE f. CITY OF OMAHA Project No. BR-5063(2) Control No. 21863 Dahlman Avenue / "A" Street in Omaha SUPPLEMENTAL AGREEMENT NO. 1 PROJECT NO. BR-5063(2), CONTROL NO. 21863 CITY OF OMAHA SIDES & ASSOCIATES, INC. CONSTRUCTION ENGINEERING SERVICES DAHLMAN AVENUE /"A" STREET IN OMAHA THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of , 1999, by and between the firm of Sides & Associates, Inc., hereinafter referred to as the "Consultant," and the City of Omaha, Nebraska, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the parties hereto entered into an agreement signed by the Consultant on March 15, 1999, and by the City on April 3, 1999, for the Consultant to provide project management, construction staking, inspection, and field testing engineering services on Project No. BR-5063(2), and WHEREAS, the Consultant performed additional surveying and CADD services for design of storm sewer revisions and related pavement design, and WHEREAS, this supplemental agreement provides for an increase in the total contract amount eligible for reimbursement to the Consultant. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The Consultant performed additional surveying and CADD services, redesign of storm sewer drainage, and related pavement modifications. SECTION 2. The basis for this supplemental agreement is for additional labor hours for surveying and redesign. SECTION 3. The increase in the total contract amount is as described in the attached Exhibit"C", which is hereby made a part of this supplemental agreement. SECTION 4. In consideration for the additional surveying and design related hours, Section 6.A. of the original agreement is amended to increase the fixed fee from $29,072.56 to $29,212.62, an increase of$140.06; and to increase the limiting maximum amount from $270,396.00 to $275,104.37, an increase of$4,708.37; and to increase the total agreement amount from $299,468.56 to $304,316.99, an increase of$4,848.43. SECTION 5. Except as specifically amended by this Supplemental Agreement No. 1, all terms and conditions of the original agreement executed by the Consultant on March 15, 1999, and by the City on April 3, 1999, shall remain in full force and effect. r • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. After being duly sworn on oath, I do hereby acknowledge the foregoing certification and state that I am authorized to sign this agreement for the firm. EXECUTED by the Consultant this W-4 day of LidY , 19 9? SIDES & SSOp1 . / - .�--E>514c>e ar— '• Title Subscribed and sworn to before me this qy of 1 k1q GENERAL NOTARY-State of Nebraska n 1 KRISA K. BOLTS ff LA J ‘kli "' "' My Comm.Exp.Nov.20,2002 /t, Notary Public ,� EXECUTED by the City this day of , 191. CITY O OMAHA, NEBRASKA APPROVED AS TO F RM• (''''' -;:ei. P ii,eta):..r.--- UPI ITY CITY ATTORNEY �. ./ e7'�t>rtgayor STATE OF NEBRASKA ) / ' )ss. ' COUNTY ) City Clerk Subscribed and sworn to before me this day of , 19 GENERAL NOTARY Slate of Nebraska BRINKER HARDING ••• • My Comm.Exp.Aug.31,2000 c.; Notary Public APPROVED STATE OF NEBRASKA DEPARTMENT OF ROADS Deputy Director-Operations Date AGR2-ZO • Project No. BR-5063(2) - 2 - Control No. 21863 Dahlman Avenue/"A" Street in Omaha • • SIDES A( (`� A►�+�c 8611 Blondo Street, Suite 2 (� SIDES & ASSOCIAI ES, INC. Omaha, Nebraska 68134 l 1 CONSULTING ENGINEERS Phone: (402) 397 1009 Fax:(402)397-5051 June 24, 1999 R C:Ilfi-D PROJEI T DEVELOP/0 T DIV. Mr. Randy ElDorado, Agreements Engineer \Ftt, JUN 2 5 1999 Nebraska Department of Roads P.O. Box 94759 Lincoln, Nebraska 68509-4759 RE: Dahlman Avenue/"A" Street in Omaha Project No. BR-5063(2) Control No. 21863 Dear Mr. ElDorado: The City of Omaha and the Union Pacific Railroad have had several recent discussions on-site regarding proposed storm sewer construction as shown on the plans just North of the existing grade crossing and resultant silting of the grade railroad crossing which has occurred prior to the start of contractor operations. As a result of their initial review of the storm sewer drainage as planned we have been directed to have Lamp Rynearson make certain design modifications to the storm sewer as shown on the plans in the vicinity of the existing grade crossing. Enclosed is correspondence from Lamp Rynearson & Associates, Inc. which further describes the design modifications as requested by the City. Please amend our agreement to include the additional maximum amount of$3,435.10 for Lamp Rynearson & Associates services as described. As a part of these design modifications, Sides & Associates has performed additional survey and CADD services to provide on-site survey topography required. Survey Crew (3 person) 10.0 hours X$$1.71/crew hour = $ 817.10 CADD Technician 11.0 hours X $41.47/hour = $ 456.17 Subtotal = $1,273.27 Fixed Fee for Profit = $ 140.06 Sides & Associates Subtotal = $1,413.33 Civil Design • Project Management • Land Surveying Project No. BR-5063(2) EXHIBIT "C" Control No. 21863 , Sheet 1 of 6 Dahlman Avenue/"A" Street in Omaha • • We understand that 'approved final corrected' plans need to be submitted to the Lincoln NDOR office for review prior to construction. If you need further information or clarification of our amendment request, please contact me at your convenience. Sincerely, • Roy Sides, P.E. Project Manager CC: Tim O'Bryan, City of Omaha, Public Works Dept. Chuck Reisen, Nebraska Department of Roads Sorin Juster, Lamp Rynearson & Associates, Inc. File • Project No. BR-5063(2) EXHIBIT "C" Control No. 21863 Sheet 2 of 6 Dahlman Avenue/"A" Street in Omaha • • lamp, rynearson & associates, inc. .21 I engineers surveyors planners • .ram, 14710 west dodge road, suite 100 ph 402 .496 .249B r� omaha, nebraska 66154 - 2029 fax 402 .496 .2730 June 10, 1999 Mr. Roy Sides, P.E. Sides &Associates, Inc. 8611 Blondo Street, Suite 2 Omaha, NE 68134 REFERENCE: Dahlman Avenue -Storm Sewer and Paving Plans Modifications Engineering Proposal Dear Mr. Sides: Lamp, Rynearson&Associates, Inc. is pleased to present this proposal to provide engineering services associated with the above-referenced project. We understand that the scope of our services will include the following tasks: 1. Evaluation of storm sewer alternative routes in the vicinity of Union Pacific Railroad at the south end of the project. Plan revisions to reflect the chosen alternative.An updated field survey of the relevant area was performed by Sides and Associates. 2. Paving plans revisions to reflect change in transition taper between the proposed and existing pavement from the plan location south of the tracks to a new location north of the railroad tracks. 3. Revise the following sheets only:Construction Sheets(22),Geometrics(8), Drainage Sheets(34), Drainage Profiles (46). 4. Quantities will be revised on the sheets only. No submittal to NDOR will be required. • We propose to bill for our services on the basis of hourly charge rates plus reimbursable expenses incurred up to the maximum amount of$3,435.10. This amount is based on the enclosed list of estimated hours, hourly charge rates and direct non-salary costs. If this proposal is acceptable, we ask that you acknowledge by signing below and returning one copy to us. Yours truly, • LAMP, RY EARS N &ASSOCIATES, INC. ./eY CAN Sorin uster, P.E. Senior Project Manager Enclosures • • By: /``1 City of Omaha 1.1811301 O:1P ROPO SAL119991da h lma n.wpd Project No. BR-5063(2) EXHIBIT "C". Control No. 21863 Sheet 3 of 6 Dahlman Avenue/"A" Street in Omaha • • FEE SUMMARY Date Created: 06/10/1999 Date Printed: 06/10/1999 EMPLOYEE CLASSIFICATION HOURS RATE TOTAL Principal (Design) _ 0' $150` $0.00 (Construction)_Principal(Construction)__ 0� $125 I $0.00 Principal Transportation 1 $115 $115.00 Senior Project Manager 17 $86 $1,462.00 Project Engineer 0 $53 $0.00 Engineering Technician 30 $42 $1,260.00 Land Surveyor , 0' $72 $0.00 Field Survey Coordinator 01 $53 $0.00 Survey Crew 0I $1101 $0.00 Construction Project Manager 0 $1051 $0.00 Construction Inspector 0; $501 • $0.00 Construction Engineer 01 $571 $0.00 Clerical 21 $341 $68.00 Total Direct Salary Costs 1 $2,905.00 Direct Non-Salary Costs $530.10 Geotechnical Consultant $0.00 Total $3,435.10 • Project No. BR-5063(2) EXHIBIT "C" Control No. 21863 Sheet 4 of 6 Dahlman Avenue/"A" Street in Omaha • OAHLMAN AVENUE-ENGINEERING PROPOSAL SUMMARY OF HOURS FOR STORM SEWER AND PAVING REVISIONS Date Created:0 611 011 9 9 9 Date Printed: 0 611 011 9 9 9 03:48 Pry P !P P PM .` PE • T LS I FSC: 'SC i C j CM CI CE i TOTAL NO. MMIOU LS OF SHT. H ' A.ENGINEERING 1.Storm Sewer Alternates 1• 12; 10! I i 23 2 2.Paving 31 10: 13 2 3.Plan Revisions and Quantities j 2! 10; 21 14 SUBTOTAL 0 0 1 17 0 30 0 0 0 2 0 0 0 50 4 TOTAL 0 0 1 17 0 30 0 0 0 2 0 0 0 50 4 LEGEND P-PRINCIPAL(LOREN STEENSON) PM-SENIOR PROJECT MANGER(SORIN JUSTER) T-TECHNICIAN(Aaron Johnson) C-CLERICAL(SHARYN McCOSKEY) • • • • • • • • • • • • • Project No. BR-5063(2) EXHIBIT "C" Control No. 21863 Sheet 5 of 6 Dahlman Avenue/"A" Street in Omaha e . DIRECT NON-SALARY COSTS Date Created: 06/10/1999 Date Printed: 06/10/1999 ITEM QUANTITY UNIT UNIT AMOUNT RATE •Computer 40 HRS $10.00. $400.00 Plotter 3 SHEETS . $7.50 i $22.50 Drafting Supply 1 LS • $10.00: $10.00 Blacklines 15 SHEETS $0.84; $12.60 'Copies 25 I EA $0.15! $3.75 Long Distance Telephone ' 0 1 LS $25.00 I $0.00 Fax 15;SHEETS $0.25. $3.75 Postage, Express Mail & Messenger 1 LS $50.00: $50.00 Mileage 100 MI $0.28 $27.50 Total Stations with Data Recorder 0 I Days $200.00. $0.00 Total $530.10 • • Project No. BR-5063(2) EXHIBIT "C" Control No. 21863 Sheet 6 of 6 Dahlman Avenue/"A" Street in Omaha C-25A CITY OF OMAHA LEGISLATIVE CHAMBER ri Omaha,Nebr March 30, 19 99 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,the City Council authorized by Resolution No. 1629 on June 16, 1998, the replacement of the Dahlman Avenue bridge at "A" Street; and, WHEREAS, the construction requires surveying, staking, inspection, and field testing; and, WHEREAS, Sides&Associates,Inc. has agreed to perform the engineering services detailed in the attached Agreement, which by this reference is made a part hereof, for a fee of $299,468.56; and, WHEREAS, the local share of the cost, which is a responsibility of the City, is estimated to be$59,893.70. NOW,THEREFORE,BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Engineering Agreement between the City of Omaha and Sides & Associates, Inc. for the surveying, staking, inspection, and field testing for the replacement of the Dahlman Avenue bridge at "A" Street, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the local share of the cost in the sum of$59,893.70, from the 1993 Street and Highway Bond, Organization 1509,Fund 333. APPROVED AS TO FORM: A IS ITY ATTORNEY DATE P:\PW1\4422.PJM By 14 1 Counci ember Adopted MA' 3 0 1999 .D 'ar.. .. iir ICI .. . ity c Approved 1 ' Mayor • cp • ''d 1• UIIIFI O CD c" ]> t;d sO LA O a4 CD -' C� ` W f b� p `C co v' A� UR ,C.,) V o a po� o o ,- tv)• s y `��a o y ao n p) ,-hC cir , VO4:2y f7 4 a G S `.3 CD CD r" Q' Ch CD 2. , W CD 0 C CD r+• CD Co P CD CD -19 9-'-e-e-ike7,. ....