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
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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
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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
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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
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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
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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
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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.
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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.
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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