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RES 2023-0865 - PSA with Kirkham, Micheal & Associates for OPW 54189 - Dodge Street Brick Wall Facade Repair Projectsame or similar Services at the time said services are performed.Provider will re-perform any services as defined in Exhibit “B”not meeting this standard without additional compensation. H.Subsurface Investigations.In soils,foundation,groundwater,and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations,exploration,and investigations have been made.Because of the inherent uncertainties in subsurface evaluations,changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution.These conditions and cost/execution effects are not the responsibility of Provider. I.Provider's Personnel at Construction Site (where applicable) i.The presence or duties of Provider's personnel at a construction site,whether as onsite representatives or otherwise,do not make Provider or Provider's personnel in any way responsible for those duties that belong to City and/or the construction contractors or other entities,and do not relieve the construction contractors or any other entity of their obligations,duties,and responsibilities,including,but not limited to,all construction methods,means,techniques,sequences,and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. ii.Provider and Provider's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting the health or safety deficiencies of the construction contractor(s)or other entity or any other persons at the site except Provider's own personnel. iii.The presence of Provider's personnel at a construction site is for the purpose of providing to City a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s).Provider neither guarantees the performance of the construction contractor(s)nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only,construction sites include places of manufacture for materials incorporated into the construction work,and construction contractors include manufacturers of materials incorporated into the construction work. J.Construction Progress Payments.Where construction phase services are provided; recommendations by Provider to City for periodic construction progress payments to the construction contractor(s)will be based on Provider's knowledge,information,and belief from selective sampling that the work has progressed to the point indicated.Such recommendations do not represent that continuous or detailed examinations have been made by Provider to ascertain that the construction contractor(s)have completed the work in exact accordance with the construction documents;that the final work will be acceptable in all respects;that Provider has made an examination to ascertain how or for what purpose the construction contractor(s) have used the moneys paid;that title to any of the work,materials,or equipment has passed to City free and clear of liens,claims,security interests,or encumbrances;or that there are no other matters at issue between City and the construction contractors that affect the amount that should 2 Revised:03/08/2021 be paid. K.Record Drawings.Record drawings,if required,will be prepared,in part,on the basis of information compiled and furnished by others,and may not always represent the exact location, type of various components,or exact manner in which the PROJECT was finally constructed. Provider is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. III.DUTIES OF CITY A.City designates Everett Owen,whose business address and phone number are 5225 Dayton Street,Omaha,Nebraska 68117,402-686-9555 as its contact person for this project,who shall provide a notice to proceed and such other written authorizations as are necessary to commence or proceed with the project and various aspects of it. B.City Furnished Data.Upon request,City will provide to Provider all available/known data in City's possession relating to Provider's services on the PROJECT.Provider will reasonably rely upon the accuracy,timeliness,and completeness of the information provided by City. C.Access to Facilities and Property.City will make its facilities accessible to Provider as required for Provider's performance of its services. D.Advertisements,Permits,and Access.Unless otherwise agreed to in the Scope of Services, City will obtain,arrange,and pay for all advertisements for bids;permits and licenses required by local,state,or federal authorities;and land,easements,rights-of-way,and access necessary for Provider's services or PROJECT construction. E.Prompt Notice.City will give prompt written notice to Provider whenever City observes or becomes aware of any development that affects the scope or timing of Provider's Services,or of any defect in the work of Provider or construction contractors. F.Asbestos or Hazardous Substances. 1)If asbestos or hazardous substances in any form are encountered or suspected,Provider will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. 2)If asbestos is suspected,Provider will,if requested and if Provider has the knowledge, skills and ability,manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. 3)City recognizes that Provider assumes no risk and/or liability for a waste or hazardous waste site originated by other than Provider. G.Litigation Assistance.The Scope of Services does not include costs of Provider for required or requested assistance to support,prepare,document,bring,defend,or assist in litigation undertaken or defended by City.All such Services required or requested of Provider by City, except for suits or claims between the parties to this AGREEMENT,will be reimbursed as 3 Revised:03/08/2021 mutually agreed. IV.COMPENSATION AND PAYMENT A.The cost of services as specified in the Scope of Service,shall be performed on an hourly basis,but in no event shall it exceed $51,168.00.Detailed breakdown of costs shall be shown in Exhibit “C”. B.Reimbursable expenses shall be billed to the City by the Provider.Invoices billed to the City for services by the Provider shall be limited to services performed within a single calendar year.For agreements which span multiple calendar years,invoicing shall be separated between calendar years.Year-end invoices (for services through December 31 of a given calendar year)shall be submitted to the City no later than January 31 of the following calendar year.After review and approval,City shall provide payment for reimbursable expenses on a monthly basis unless the parties agree to some other schedule.Provider shall pay any suppliers or sub-contractors within 30 days of receipt of reimbursement from the City. C.Errors and Omissions.Additional work that is required to be performed by Provider that is a result of errors or omissions by Provider shall not be compensated by City. D.INCREASE OF FEES The parties hereto acknowledge that,as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows:Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a)by ten percent,if the original fee is one hundred fifty thousand dollars ($150,000)or more,or (b)by seventy-five thousand dollars ($75,000)or more,shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits.However,neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this section will be quoted in all future City contracts.Nothing in this section is intended to alter the authority of the Mayor under section 5.16 of the Charter to approve immediate purchases. V.OWNERSHIP OF INSTRUMENTS OF SERVICE The City acknowledges the Provider ’s documents,including electronic files,as instruments of professional service.Nevertheless,upon completion of the services and payment in full of all monies due to the Provider,the final documents prepared under this Agreement shall become the property of the City.The City shall not reuse on another Project or make any modifications to the documents without prior written authorization of the Provider.The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider,its officers,directors,employees and subconsultants (collectively,Provider)against any damages,liabilities or costs,including reasonable attorneys’fees and defense costs,arising from or in any way connected with the unauthorized reuse or modification of the documents by the City,regardless of whether such reuse 4 Revised:03/08/2021 or modification is for use on this Project or another Project VI.ADDITIONAL SERVICES In the event additional services for the aforementioned Project not covered under this Agreement are required,the Provider agrees to provide such services at a mutually agreed upon cost. VII.INSURANCE REQUIREMENTS The Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers’compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII.INDEMNIFICATION The Provider agrees,to the fullest extent permitted by law,to indemnify,defend and hold harmless the City,its officers,directors and employees (collectively,City)against all damages,liabilities or costs,including reasonable attorney’s fees and defense costs,to the extent caused by the Provider ’s negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is legally liable;provided,that with respect solely to the said duty to defend,such duty of the Provider to defend shall arise only if,and to the extent,such duty is covered by Provider’s liability insurance.The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider,its officers,directors,employees and subconsultants (collectively,Provider)against all damages,liabilities or costs,including reasonable attorney’s fees and defense costs in connection with the Project,to the extent caused by the City’s negligent acts or the negligent acts of anyone for whom the City is legally liable.Neither the City nor the Provider shall be obligated to indemnify the other party in any matter whatsoever for the other party’s own negligence.The Provider shall not be liable for any loss of profit,loss of business or any incidental, special,indirect or consequential losses. IX.TERMINATION OF AGREEMENT Either party may terminate this Agreement without cause upon fifteen (15)days’notice in writing. If either party breaches this Agreement,the non-defaulting party may terminate this Agreement after giving seven (7)days’notice to remedy the breach.On termination of this Agreement,the City shall forthwith pay Provider for the services performed to the date of termination and all finished or unfinished documents,data surveys,studies,drawings,maps,models,reports or photographs shall become,at the City’s option,its property. X.GENERAL CONDITIONS A.Non-discrimination.Provider shall not,in the performance of this Agreement,discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race,color,creed,religion,sex,marital status,sexual orientation,gender identity,age,or disability as recognized under 42 USCS 12101 et seq.and Omaha Municipal Code section 5 Revised:03/08/2021 13-89,race,color,creed,religion,sex,marital status,sexual orientation,gender identity, national origin,age,or disability. B.Captions.Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C.Applicable Laws.Parties to this Agreement shall conform with all existing and applicable City ordinances,resolutions,state laws,federal laws,and existing and applicable rules and regulations.Nebraska law will govern the terms and the performance under this Agreement. D.Interest of the City.Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any officer or employee of the City shall have a financial interest,direct or indirect,in any City Agreement.Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E.Interest of the Provider.The Provider covenants that he presently has no interest and shall not acquire any interest,direct or indirect,which would conflict with the performance of services required to be performed under this Agreement;he further covenants that in the performance of this Agreement,no person having any such interest shall be employed. F.Authorization to Proceed.Execution of this AGREEMENT by City will be authorization for Provider to proceed with the work,unless otherwise provided for in this AGREEMENT. G.Force Majeure.Provider is not responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of Provider.In any such event,Provider ’s contract price and schedule shall be equitably adjusted. H.Intellectual Property.City acknowledges and agrees that in the performance of the development service,Provider may utilize its proprietary data,concepts,methods,techniques, processes,protocols,ideas,inventions,know-how,trade secrets,algorithm,software,works of authorship,software and hardware architecture,databases,tools,other background technologies and standards of judgment that Provider developed or licensed from third parties prior to the Effective Date (the “Pre-Existing Technology”). Subject to the terms and conditions of this AGREEMENT,Provider hereby grants to City a non-exclusive,non-transferable,royalty-free license under Provider ’s Intellectual Property Rights to utilize the Pre-Existing Technology for the purpose of the City Project. City shall not,and shall not allow any third party to:(i)modify or otherwise create derivative works of the Pre-Existing Technology;(ii)use the Pre-Existing Technology for any other purpose,other than the City Project;(iii)make,have made,use,reproduce,license,display, perform,distribute,sell,offer for sale,service,support,or import any product that incorporates,embodies and/or is based upon the Pre-Existing Technology;(iv)sublicense, distribute or otherwise transfer to a third party any of the Pre-Existing Technology by itself or 6 Revised:03/08/2021 as incorporated into software or hardware;or (v)reverse engineer,disassemble,decompile or attempt to derive the source code or underlying ideas or algorithms of the Pre-Existing Technology. Any additional use of the Pre-Existing Technology shall require a separate written license agreement. I.Suspension,Delay,or Interruption of Work.City may suspend,delay,or interrupt the Services of Provider for the convenience of City.In such event,Provider's contract price and schedule shall be equitably adjusted. J.No Third Party Beneficiaries.This Agreement gives no rights or benefits to anyone other than City and Provider and has no third-party beneficiaries. K.Merger.This Agreement shall not be merged into any other oral or written agreement,lease, or deed of any type.This is the complete and full Agreement of the parties. L.Modification.This Agreement contains the entire Agreement of the parties.No representations were made or relied upon by either party other than those that are expressly set forth herein.No agent,employee,or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. M.Assignment.The Provider may not assign its rights under this Agreement without the express prior written consent of the City. N.Strict Compliance.All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written,and no substitution or change shall be made except upon written direction from authorized representative. O.LB 403 Contract Provisions.-NEW EMPLOYEE WORK ELIGIBILITY STATUS -The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing service within the State of Nebraska.A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,8 U.S.C.1324a,known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies:1.The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2.If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor ’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE)Program.3.The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract 7 Revised:03/08/2021 terminated if such lawful presence cannot be verified as required by Neb.Rev.Stat.§4-108. P.Certificate of Authorization.If this Agreement contemplates the performance of professional architecture or engineering work by the Provider,the Provider shall provide to the City,and maintain in good standing,a current Certificate of Authorization from the State of Nebraska as required by Neb.Rev.Stat.section 81-3436. Q.Debarment or suspension by any federal agency.(This section applies if any part of this Agreement is funded by a federal agency.)Office of Management and Budget (OMB)guidelines require that any individual or entity that has been placed on the Excluded Parties List System (“EPLS”-available for review through www.sam.gov)may not be a participant in a federal agency transaction that is a covered transaction or act as a principal of a person participating in one of those covered transactions.These guidelines apply to covered transactions under a grant from any federal agency for which a recipient expects to receive reimbursement for expenditures incurred or an advance on future expenditures. The Contractor providing goods and/or services to the City of Omaha certifies,by acceptance and execution of this Agreement,that neither it nor its principals are presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency.The Contractor further agrees,by accepting and executing this Agreement,that it will include this clause without modification in all lower tier transactions,solicitations,proposals,contracts,and subcontracts.Where the Contractor or any lower tier participant is unable to certify this statement,it shall attach an explanation to this Agreement. R.Contract Compliance Ordinance No.35344,Section 10-192 Equal Employment Opportunity Clause. During the performance of this contract,the Contractor agrees as follows: 1)The Contractor shall not discriminate against any employee or applicant for employment because of race,color,creed,religion,sex,marital status,sexual orientation,gender identity,national origin,age,or disability.The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, color,creed,religion,sex,marital status,sexual orientation,gender identity,national origin,age,or disability.As used herein,the word “treated”shall mean and include, without limitation,the following:recruited,whether by advertising or by other means; compensated;selected for training,including apprenticeship;promoted;upgraded; demoted;downgraded;transferred;laid off;and terminated.The Contractor agrees to and shall post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2)The Contractor shall,in all solicitations or advertisements for employees placed by or on behalf of the Contractor,state that all qualified applicants will receive consideration for employment without regard to race,color,creed,religion,sex,marital status,sexual orientation,gender identity,national origin,age,or disability. 8 Revised:03/08/2021 3)The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker ’s representative of the Contractor ’s commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applications for employment. 4)The Contractor shall furnish to the Human Rights and Relations Director all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations,and including the information required by Sections 10-192 to 10-194,inclusive,and shall permit reasonable access to his records.Records accessible to the Human Rights and Relations Director shall be those which are related to Paragraphs (1)through (7)of this subsection and only after reasonable notice is given the Contractor.The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5)The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing provisions of Paragraphs (1)through (7)herein,including penalties and sanctions for noncompliance;however,in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City,the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division;and in the case of contracts receiving Federal assistance,the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. 6)The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations.Such compliance reports shall be filed with the Human Rights and Relations Director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the Contractor and his subcontractors. 7)The Contractor shall include the provisions of Paragraphs (1)through (7)of this Section, “Equal Employment Opportunity Clause”,and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. S.Conflict.In the event of any conflict between this Agreement and any of the exhibits attached hereto,the terms of this Agreement shall take precedence. 9 Revised:03/08/2021 EXHIBIT “A” RESERVED EXHIBIT “B” SCOPE OF SERVICES EXHIBIT B Page 1 of 7 Exhibit B - SCOPE OF SERVICES City of Omaha – OPW54189 Dodge Street Brick Wall Façade Repair August 2, 2023 Project Description Survey, Concepting, Construction Plans and Specification package for replacement of existing fascia on curb walls along Dodge Street between 51st Street and 52nd Streets TASK 1. Project Management 1.1 Project Management The Consultant Project Manager (hereinafter “Consultant”) will serve as point of contact, maintain the project schedule and budget, and be responsible for coordinating work, including work of sub- consultants, if any. The Consultant will provide regular progress reports with invoices. The Consultant will maintain effective communication with the City of Omaha designated project manager. The scope of services assumes 6 months of project management will be required (August 2023 – January 2024) TASK 2. General Project Meetings 2.1 Kick-Off Meeting Once notice to proceed has been received, the Consultant will schedule and attend a kick-off meeting. The City’s Project Manager and the Consultant will work together to determine a list of invitees and the Consultant shall be responsible for notification to attendees. The Consultant will be responsible for preparing and distributing the agenda as well as developing and distributing meeting minutes. 2.2 Review Meetings The Consultant will schedule and attend review meetings to receive the City’s review comments from the submittals. The Consultant will prepare and distribute meeting minutes. This will include the following review meetings: ☒ Preliminary Design (30% Completion, Plan-in-Hand) ☒ Second Submittal (90% Completion) ☒ Draft Plans, Specifications and Estimates Submittal 2.3 Plan-in-Hand Meeting The Consultant will schedule and attend a plan-in-hand meeting. The Consultant will prepare and distribute meeting minutes. TASK 3. Survey EXHIBIT B Page 2 of 7 Survey tasks for this agreement are anticipated to consist of coordination with and minimal processing of an existing topographical survey that will be provided by the City to the Consultant for their use. 3.1 Topographical and Right-of-Way Survey 3.1.1 Complete survey research for use in determining existing ROW lines 3.1.2 Complete boundary survey to extent of determining right of way lines. 3.1.2a: No acquisitions or easements are anticipated to be required for this work. 3.1.3 Completed topographic survey of all public and private appurtenances between the existing curbline and back of wall, including but not limited to sidewalk, curb ramps, walls and coping. Limits of topographic survey will extend from the radius returns of 51st Street to 52nd Street along Dodge Street, including to the radius returns north and south along 51st Street, 51st Avenue, and 52nd Street. 3.1.4 Coordinate 1 call utility locate for surveying 3.1.5 Prepare any easement or ROW taking exhibits that may be required. (Estimating 21 properties) TASK 4. Utility Coordination 4.1 City GIS files and Record Drawings The Consultant will review City GIS files and record drawings applicable to the Project. 4.2 Utility Location/Verification 4.2.1 The Consultant will review the utility locations shown on the plans and verify these locations during field inspections. After the survey is complete, plans will be distributed by the Consultant to utility companies for verification of ownership, type, size, location, and whether or not the utility is cased. The Consultant will request that utility companies return to the Consultant marked up plans with utility verification. The Consultant will incorporate the information into the topography. All utilities identified in the topographic survey and verified by the individual utility will be incorporated into the plans. Identification and verification by the utility companies of major utility conflicts such as fiber optic lines, gas pipelines, crude oil pipelines, high-pressure waterlines, transmission lines, etc., will be accomplished at the earliest possible time during the development and determination of a preferred alignment. The Consultant and the City’s Project Manager will discuss major conflicts and attempt to avoid them. If avoidance is not possible, the Consultant will then request the utility company to verify the conflict, develop a solution, and provide an estimate of reimbursable costs (if applicable) associated with the utility relocation. 4.3 Utility Plan Submittal The plan-in-hand and 90% completion plans will be distributed by the Consultant to public and private utilities for comment. This scope estimates 2 utility plan submittals. 4.4 Utility Coordination 4.4.1 This scope estimates 2 review meetings with utility companies, to coincide with the plan submittals from task 4.3. EXHIBIT B Page 3 of 7 4.4.2 Consultant shall coordinate with utility companies to identify if utilities conflict with the proposed improvements. Consultant shall coordinate with utility companies for a Status of Utilities update for the special provisions. TASK 5. Public Involvement 5.1 Database Development / Maintenance The Consultant will develop and maintain a database of project stakeholders to include residents, property owners, organizations, agencies, City staff and officials, project team members and other parties who may be interested in or impacted by the project. The database shall identify stakeholder names, telephone numbers, addresses, tract numbers, conversation dates and other pertinent information. A copy of the database shall be given to the City. The Consultant will keep a record of all public contacts and inquiries regarding this project. 5.2 Citizen Coordination (21 Meetings) The Consultant will coordinate with individuals who are significantly affected by the project via phone, written correspondence or meetings. These meetings may consist of individuals or small groups or individuals with similar interest. The Consultant shall be responsible for coordinating meeting locations, facilitating, and preparing and distributing meeting minutes. This scope assumes a single 1-hour meeting with each adjacent property owner. TASK 6. Geotechnical Services Based upon current site topography, the site grading is expected to be minor, with cuts and fills expected to be 1 foot or less. Geotechnical services shall be limited to a third-party quality control review of the wall designs and a constructability review at each wall location. TASK 7. Structure Analysis and Design 7.1 Retaining Wall Fascia The Consultant shall investigate the feasibility of up to three (3) retaining wall fascia designs and produce a brief summary report for each fascia type considered summarizing our findings regarding the following criteria: •Cost •Constructability •Final Appearance •Durability and Maintenance Concerns This scope assumes that wall fascia design will conform to one of the following alternates: •Precast Reinforced Concrete Panels •Cast in Place Reinforced Concrete with Brick Veneer •Cast in Place Reinforced Colored Concrete with Formliner Upon selection of the preferred alternate by the City, the Consultant shall provide construction detail sheets and plan and profile sheets for the wall fascia to be reconstructed. The Contractor shall provide engineered shop drawings for review, if applicable. EXHIBIT B Page 4 of 7 It is assumed that the structural reinforced concrete portions of the walls to be addressed by this agreement are sound and will be used in place with only slight modifications for physical connections to the chosen fascia. The Consultant does not anticipate provide design or plan production for repair or replacement of the existing walls. It is assumed that the existing “Decorative Precast Cap” which serves as a coping on these walls will be removed and salvaged for reuse in place or replaced in kind. The Consultant will review the condition of the caps and provide details in the plans and quantities for salvage or replacement for said cap as provided in the Plans for OPW 51760. It is assumed that the existing cast in place concrete walls, modular block walls, stair wells, handrails and other public/private facilities adjacent to the curb walls at various points within the project limits will not be impacted by this project and will be marked “Use in Place”, “Do Not Disturb”, or equivalent in the construction plans. The Consultant shall prepare structural plans and details which follow industry standards and code provisions. Special provisions shall be prepared as necessary. Preliminary plans shall be submitted with Plan-in-Hand Submittal. Final plans shall be prepared and submitted at pre-PS&E. These plans should be completed to such a level that they could be sealed and independently verified as acceptable. TASK 8. Street Analysis and Design 8.1 Site Inspections (Estimated 1 Visits) 8.2 Produce Video and Still Photo Log The Consultant shall prepare a video and still photo log to be used to document preconstruction conditions. This information shall be submitted at the time of the Plan-in-hand submittal. 8.3 Preliminary and Final Design The Consultant shall design streets and roadside facilities per City of Omaha Design Standards and Nebraska Minimum Design Standards. Anticipated design tasks are as follows: 8.3.1 Develop Project alignment 8.3.2 Identify limits of removals for wall fascia. 8.3.3 New sidewalk construction 8.3.4 Horizontal and vertical location of new walls receiving fascia rehabilitation. 8.3.5 Calculate quantities 8.3.6 Plan set creation will include: Title sheet, Summary of Quantities, Typical Section, Horizontal alignment/orientation, Details/General Information, Construction Phasing, Construction and removals, Plan and profiles (walls), Erosion & sediment control and Stormwater Pollution/Prevention Plan, ROW Strip Map TASK 9. Plan, Specifications & Estimates EXHIBIT B Page 5 of 7 The scope and fee associated with this task is for specifications and estimate drafting and development. The plan production and design related to these documents is included in the appropriate design task noted above. 9.1 Cost Estimates The Consultant shall prepare an updated total project cost estimate at the submittals noted below. This shall include, but not be limited to Preliminary Engineering, ROW acquisition and associated services, Private Utility Relocations paid for with project funding, Public Utility Relocations, Construction, and Construction Engineering. ☐ Conceptual Design ☒ Plan-in-Hand Submittal ☒ Second Submittal ☒ Draft PS&E Submittal ☒ PS&E Submittal 9.2 Special Provisions The Consultant will submit Special Provisions with the second submittal, draft PS&E submittal, and PS&E submittal. 9.3 Draft PS&E Submittal The Consultant shall submit a draft PS&E package, along with all project checklists, to the City’s Project Manager for final review. The package will include the plan set, special provisions, and a total project cost estimate. This package will be a complete ready-to-bid package for final review. If no revisions are necessary, this will become the PS&E package. 9.4 Final PS&E Submittal Upon incorporating comments from the Draft PS&E package review, the Consultant shall prepare and submit all plan drawings, special provisions, and an updated total project cost estimate to the City’s Project Manager for the final PS&E package. This package includes sealed and signed drawings, sealed special provisions, and a Masterworks estimate. The bid package will also be accompanied by an electronic copy of the AutoCAD base files. TASK 10. Quality Control Quality control will be conducted throughout the project. TASK 11. Permit Applications / Agreements 11.1 It is not anticipated that a NDEE Stormwater permit will be necessary for this work. 11.2 It is not anticipated that a Post Construction Stormwater Management Permit will be necessary due to the linear nature of this project with many small disturbances. TASK 12. Construction Phase No fees are included in this contract for any item included in Task 12. The following tasks are items anticipated to be completed during construction. Once final design is complete, an amendment to this contract may be made for construction phase services for the following tasks. Construction phase services for inspection and construction oversight may also be contracted at that time. EXHIBIT B Page 6 of 7 •Pre-Construction Meeting - Consultant will attend a pre-construction conference at the date, time and location selected by the City. •Progress Meetings - Consultant may be requested to attend progress meetings at dates, times and locations specified by the City. The number of progress meetings anticipated will be identified in an amendment to this contract. •Contractor’s Submittals - Consultant will review Contractor’s submittals for equipment, materials and construction. A list of anticipated submittals for review will be identified in an amendment to this contract. •Review Shop Drawings - Consultant will interpret construction contract drawings as requested by the City or the Contractor. As requested and authorized by the City and the Contractor, Consultant will interpret construction contract drawings and specifications for subcontractors and suppliers. •Prepare Revision Sheets - Consultant will discuss design modifications with construction personnel and prepare revision sheets as appropriate. •Answer Design Questions - Consultant will field design questions and evaluate conflicts in the field if necessary. •Conduct Site Visits - Periodic site visits to the construction site may be required. The number of site visits anticipated will be identified in an amendment to this contract. City Responsibilities The City of Omaha will supply the following information: ☐ Ownership records and title searches ☐ Tenant names (if known) ☐ Available water and sewer locations, size, and materials ☒ Copies of available reports ☐ Available drainage studies ☒ Available geotechnical reports ☐ Right-of-entry to private property for surveyors ☐ Available current and future traffic volumes and reports ☐ Available three-year accident data ☐ Available crash data ☐ Available plats of adjacent properties ☐ File formats and bidding history ☒ Existing record drawings in PDF or TIF format ☒ Water and wastewater tap records List of Deliverables ☐ Meeting minutes (to be distributed within 5 business days of the meeting) ☐ Meeting agendas (to be distributed a minimum of 2 business days prior to the meeting) ☐ Quality control plan ☐ Design memorandum ☒ Base map for verification of CADD standards ☐ Public Involvement Plan ☐ Public engagement materials EXHIBIT B Page 7 of 7 ☐ Geotechnical report ☐ Wetland report ☐ Environmental document (List type) ☒ Applicable permits per section 11 ☐ Structural analysis document ☐ Structural independent design check ☐ Drainage summary report ☐ Traffic analysis report ☐ Conceptual design report ☐ Intersection and driveway sight distance calculations ☐ Design exception request form ☐ Bridge load rating ☐ Design checklists ☐ Video and photo log ☐ Utility study reports (List specific reports) ☐ Right-of-Way legal descriptions ☐ Right-of-Way condemnation package ☒ Cost estimates ☒ Special provisions ☒ Plan submittals EXHIBIT “C” BREAKDOWN OF COST Project Name: KM Project Manager: Date: Effective Multiplier 3.38 Task Description Principal Administrative Project Manager Senior Engineer Associate Engineer (Structural) Associate Engineer (Roadway) Designer/CAD D Survey Crew Chief Survey Crew Position Title Position Title Position Title Subtotals KM Labor KM Direct Expenses Sub 1 Sub 2 Billing Rate $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Estimated Hourly Labor Rate $73.00 $29.00 $68.00 $55.00 $45.00 $45.00 $28.00 $36.00 $1.00 $0.00 $0.00 $0.00 SECTION I - Design Engineering 1 Project Management 4 0 38 0 0 0 0 0 0 0 0 0 $9,706.50 0 0 0 2 General Project Meetings 1 3 7 1 7 7 1 1 0 0 0 0 $4,674.38 0 0 0 3 Survey 1 0 1 0 0 0 0 8 0 0 0 0 $1,447.88 0 0 0 4 Structural Analysis and Design 0 0 4 4 70 0 24 0 0 0 0 0 $14,559.75 0 0 0 5 Street Analysis and Design 0 0 4 0 0 56 16 0 0 0 0 0 $10,935.00 0 0 0 6 Plans, Specifications, and Estimates 0 0 3 0 14 11 0 0 0 0 0 0 $4,485.38 0 0 0 7 Quality Control 0 0 1 8 12 12 0 0 0 0 0 0 $5,359.50 0 0 0 TOTAL LABOR $1,478.25 $293.63 $13,311.00 $2,413.13 $15,643.13 $13,061.25 $3,874.50 $1,093.50 $0.00 $0.00 $0.00 $0.00 $51,168.38 $0 $0 $0 TOTAL HOURS 6 3 58 13 103 86 41 9 0 0 0 0 319 Billing Rate Fee Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0.00 Raw Labor Total 438.00$ 87.00$ 3,944.00$ 715.00$ 4,635.00$ 3,870.00$ 1,148.00$ 324.00$ -$ -$ -$ -$ $15,161.00 $51,168 $0 $51,168 $0 $0 $0 $0 $0 $0 $51,168 $0 $51,168 $51,168 $0 $51,168 7/18/2023 Effective Multiplier Fee $51,168.38 OPW54189 Dodge Street Brick Wall Façade Repair Client Name:City of Omaha Public Works - Construction Division Sitorius PHASE II TOTAL Total Fee SECTION II - Contract FeeSECTION I - Contract Fee Total Contract Fee KM Directs PHASE I TOTAL Subconsultants KM Direct Expenses Subconsultant Expenses KM Directs Subconsultants KM Fee KM FeeKM Fee ATTACHMENT XXProject Staff Hour Estimate and Engineering Budget