RES 1995-2379 - Agmt with Olmsted & Perry for improvement of Frederick St from 10th to 13th Sts . ,..,,teeT.,
1+ o QMAHA,/V,e4 September 19, 1995 i#'�,' � 'I '�\1f1. L�J
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`:4 - iAt, Honorable President
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a; ied tiN and Members of the City Council,
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°��TFDFEBR�r�� . CITY CLERK
OMAHA. NEBRla' *K.l_
City of Omaha Transmitted herewith is a Resolution approving an Agreement between ale City
Hal Daub,Mayor —.4
of Omaha and the firm of Olmsted & Perry Consulting Engineers to provide.
Public Works Department engineering services for the preparation of preliminary and final plans- for,
Omaha/Douglas Civic Center improvements on Frederick Street from 10th Street to approximately 13th Street!.',
1819 Farnam Street,Suite 601 ,C N
Omaha,Nebraska 68183 0601 This section of street will be used as a detour during the reconstruction of-the
(402)444-5220
13th Street interchange near Highway I-80. The current street is inadequate to
Telefax(402)444-5248 handle the expected detour traffic safely. The State entered into an agreement
Michael J.DeSelm,P.E. with the City on March 13, 1995 to pay for the reconstruction of the detour,
Acting Director
except for engineering costs, in order to allow adequate traffic safety.
The City of Omaha does not have sufficient engineering staff to undertake this
design project within the time frame required by the State. Final plans must be
submitted to the State by February 1, 1996. Olmsted & Perry Consulting
Engineers has agreed to provide data collection,the final survey,the right-of-way
survey, basic and final design plans for grading, pavement, drainage
appurtenances, the determination of utility conflicts, and any other incidental
items necessary for the proposed improvement for a fixed fee which will not
exceed$24,225.00. The costs incurred will be paid for from the Combined Street
and Highway Fund Organization 1505, Fund 330.
Olmsted & Perry was selected to perform the required design engineering
services in accord with the Architect's and Engineer's Review and Selection
Ordinance. Olmsted&Perry 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.
Res , lly ubmitted, Referred to the City Council for
rr'''' 4 Conside ion:
( G4 ` A
Mi . e elm, P.E.
Act ng Public Works Dir ctor Mayor's Office/Tit e
Approved: Approved as to Funding:
a
..gt_c_4...k
) -
Diane L. Thomas Louis A. D'Erco e
Human Relations Director rivi)Acting Finance Director
\rjeL,,_ (.- 0 1
P:APW\2237.SKZ
ENGINEERING AGREEMENT
CITY OF OMAHA
PREPARATION OF PRELIMINARY AND FINAL ENGINEERING PLANS
FOR IMPROVEMENTS ON FREDERICK STREET
10TH STREET TO APPROXIMATELY 13TH STREET
THIS AGREEMENT, made and entered into this /7 day o ,
1995, by and between the firm of OLMSTED & PERRY CONSULTING E INEERS
INC., a corporation of the State of Nebraska, with offices at 10730 Paci is Street,
Omaha, Nebraska, 68114, and hereinafter referred to as the "Consultant", and the
City of Omaha, Nebraska, acting by and through its Mayor, hereinafter referred to as
the "City".
WITNESSETH;
WHEREAS, the City desires to engage the Consultant to render professional
engineering services as hereinafter set forth for the necessary engineering services as
required for the preparation of preliminary and final plans and studies for
improvements on Frederick Street from 10th Street to approximately 13th Street.
WHEREAS, the Consultant is willing to perform such engineering work in
accordance with the terms hereinafter provided and does represent that he is in
compliance with the Nebraska Statutes relating to the registration of Professional
Engineers.
NOW THEREFORE, in consideration of these facts, the parties hereto agree
as follows:
I; DEFINITIONS
Wherever in the Agreement the following terms are used, or pronouns used
in their stead, they shall have the meaning here given:
The "EFFECTIVE DATE" of this Agreement shall mean the date mentioned
in the first paragraph of this document.
"CONSULTANT" or "CONTRACTOR" shall mean OLMSTED & PERRY
CONSULTING ENGINEERS INC., whose business and mailing address is 10730 Pacific
Street, Suite 232, Omaha, Nebraska 68114-4722.
"CITY" shall mean the City of Omaha, Nebraska, the Mayor of the City of
Omaha, or his authorized representative.
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.
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To "SUSPEND" the work shall mean that it has been determined by the City
that conditions or intentions as originally existed have changed and that the work as
contemplated herein should be ceased on a temporary basis. This cessation or holding
in this undetermined state will prevail until such time as a determination can be made
to abandon the work or to reinstate under the conditions as defined in this Agreement.
To "TERMINATE" or the "TERMINATION" of this contract shall be the
cessation or quitting of this contract based upon action or failure of action on the part
of the Consultant as defined herein and as determined by the City.
II. GENERAL DESCRIPTION OF SCOPE AND CONTROL WORK
The Consultant shall, upon receipt of the Notice to Proceed from the City,
perform all the services required under this Agreement for the project described above
and as outlined in the attached Exhibit "A", Description of Project and Schedule of
Services, hereby made a part of this Agreement.
III. TIME OF BEGINNING AND COMPLETION
The Consultant shall begin work on the project upon receipt of written
"Notice to Proceed" from the City. The work on the project shall be completed within
two hundred fifty (250) calendar days after receipt of the written Notice to Proceed.
The time for completion of the work shall be equitably adjusted for delays not the fault
of the Consultant.
The City shall have 14 calendar days for review of preliminary plans and
studies.
Delays grossly affecting the completion of the work within the time specified
for completion attributable to or caused by the Consultant or the City shall be
considered as cause for termination of this Agreement by the other.
It is hereby mutually agreed that the City has continuing rights to work
progress inspections and any and all additions, deletions, changes, elaborations or
modifications of the services to be performed under the terms of this Agreement
which may from time to time be determined by the City as desirable or preferable,
shall be controlling and governing.
IV. ABANDONMENT, CHANGE OF PLAN, SUSPENSION AND TERMINATION
The City shall have the absolute right to abandon the project or to change
the general scope of work as defined in Section II, at any time. Such action on its
part shall in no event be deemed a breach of contract.
The right is reserved by the City to suspend this Agreement at any time or
to terminate for just cause. Such suspension or termination may be affected by giving
the Consultant fifteen (1 5) days written notice. Should the project be suspended for
thirty (30) days or more, Consultant's Fee and time for completion shall be equitably
increased.
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If the City abandons the work or subtracts from the work as presently
outlined, the Consultant shall be compensated on the basis of the percentage
completion ratio of the net fee shown in Exhibit "B", plus actual costs as defined in
Section VI. In determining the percentage of work completed, the City shall consider
the work performed by the Consultant to the total amount of work contemplated by
this agreement.
Additions to the scope of work as defined in Exhibit "A" will require
negotiation of a supplemental agreement or agreements. For any work beyond the
scope of services outlined by Exhibit "A", the Consultant will be required to document
the additional work, estimate the cost to complete said work, and obtain written
approval from the City before such work begins.
V. OWNERSHIP OF ENGINEERING DOCUMENTS
All tracings, plans, maps, computations, sketches, charts and other data
prepared or obtained under the terms of this Agreement shall be delivered to and shall
become the property of the City without restriction or limitation as to its further use.
VI. FEES AND PAYMENTS
In consideration of the performance of the Engineering Services described
in this Agreement, the Consultant shall be paid a lump sum of twenty-four thousand,
two hundred twenty-five and no/100 dollars ($24,225.00).
The lump sum fee is based upon the Schedule of Services (Exhibit "A") and
the Man-Hour Summary for Tasks (Exhibit "B").
The Consultant shall submit monthly invoices which shall be based on the
percentage of work completed during the calendar month. The monthly payments
shall be based upon the satisfactory prosecution of the work and shall be
substantiated by monthly progress reports. The Consultant shall submit a final
voucher for the project no later than 30 days after the close of the Consultant's fiscal
year during which the project is completed.
The acceptance by the Consultant of the final payment shall constitute and
operate as a release to the City for all claims and any liability to the Consultant, his
representatives and assigns for any and all things done, furnished or relating to the
services rendered by the Consultant under or in connection with this Agreement or
any part thereof.
The Consultant shall maintain all books, documents, papers, accounting
records and other evidence pertaining to costs incurred and study activities and shall
make such materials available at his office at all reasonable times during the contract
period and for three (3) years from the date of final payment under this Agreement;
such records to be available for inspection by the City and copies thereof shall be
furnished by the Consultant, if required.
The Consultant shall be responsible to determine when a change in the work
scope necessitates an increase in the lump sum amount. When the Consultant
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determines that an increase is in order, he will be required to estimate the additional
costs necessary to complete the additional work, document the reasons for this
increase and receive prior approval from the City in writing before expenditures
beyond the lump sum amount are incurred. The City shall not be obligated to
reimburse the Consultant for costs which have not been approved in excess of the
lump sum amount. .
VII. FORBIDDING USE OF OUTSIDE AGENTS
The Consultant warrants that he has not employed or retained any company
or person, other than bona fide employees working for the Consultant, to solicit or
secure this Agreement; and that he has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee commission, percentage, brokerage °
fee, gift, or any other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, the City shall have
the right to deduct from the Agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift or contingent
fee.
VIII. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Consultant agrees to save harmless the City from all Claims and Liability
due to the negligent activities of himself, his agents or his employees. In this
connection the Consultant will carry insurance in the following kinds and amounts:
1 . Comprehensive
Auto Liability $100,000 P.L. $50,000 P.D.
2. Comprehensive
General Liability $300,000 P.L. $50,000 P.D.
3. Workmen's Compensation Statutory
4. Professional Liability $250,000
The insurance specified above shall be maintained until the Consultant's
work has been completed and accepted by the City. Proof of insurance coverage shall
be furnished by the Consultant, if requested by the City. '
IX. NON-RAIDING CLAUSE
The Consultant shall not engage the services of any personnel or persons
presently in the employ of the City for work covered by this Agreement without the
written consent of the employer of such persons.
X. GENERAL COMPLIANCE WITH LAWS
The Consultant hereby agrees to comply with all Federal, State and Local
laws and ordinances applicable to the work.
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XI. PROFESSIONAL REGISTRATION AND SUBCONTRACTS
The Consultant hereby agrees to affix the seal of a registered professional
engineer licensed to practice in the State of Nebraska on all reports and plans prepared
hereunder except for those plans designed by the City.
The Consultant agrees to provide these professional services using staff
personnel with specialized skills, experience, and professional qualifications. Any
work subcontracted other than that specifically provided by this Agreement shall first
have the written approval of the City.
XII. ORGANIZATION CHART
The Consultant shall furnish an organization chart of all key personnel who
will be involved in this project as outlined in this Agreement. Any deviations or
revisions in personnel as shown in the project organization chart shall be subject to
the prior approval of the City. All personnel revisions or replacements shall be made
with people of equal ability and experience, in the opinion of the City, and failure of
the Consultant to provide capable replacements to the satisfaction of the City shall be
basis for termination of the Contract and the method of Contract settlement shall be
as outlined in Section IV. The project organization chart is as shown in Exhibit "C"
hereto, and made a part of this Agreement.
XIII. ARBITRATION
Any disputes between the City and the Consultant not disposed of by this
Agreement between the parties shall be settled by arbitration as provided by Section
25-2103 through 25-2120, Nebraska Reissue, Revised Statutes of 1943.
XIV. FAIR EMPLOYMENT PRACTICES ACT
The Consultant agrees to abide by the provisions of the Nebraska Fair
Employment Act of 1965, R.R.S. 1943, 48-1101 through 48-1125.
XV. SUCCESSORS AND ASSIGNS
This Agreement shall be binding on successors and assigns of either party.
XVI. SUBLETTING, ASSIGNMENT OR TRANSFER
Subletting, assignment or transfer of all or part of the interest of the
Consultant is hereby prohibited unless prior written consent of the other parties is
obtained therefore.
XVII. NONDISCRIMINATION
The Consultant shall not, in the performance of this Agreement, discriminate
or permit discrimination against any person because of race, sex, age, or political or
religious opinions or affiliations in violation of Federal or State or Local Ordinances.
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XVIII. SCHEDULE
Exhibit "D" attached hereto is incorporated herein as the proposed project
schedule.
XIX. CERTIFICATION OF CONSULTANT
The attached certification, identified as Exhibit "E" shall be completed by the
Chief Administrative Officer of the Consultant and is hereby made a part of this
Agreement.
XX. UNEMPLOYMENT COMPENSATION FUND PAYMENTS
Before final payment is made by the City to the Consultant of the final three
percent (3%) due hereunder, the Consultant shall furnish the City a written clearance
from the Commissioner of Labor and the State of Nebraska certifying that all payments
due of contributions or interest which may have arisen under this contract have been
paid by the Consultant, or its subcontractor to the Unemployment Compensation Fund
of the State of Nebraska.
XXI. CITY SUPERVISION
It is hereby mutually agreed that the City shall have responsible supervision
of all the services included herein, but no employee of the Consultant or any of its
subcontractors or of persons working under the Consultant's direction is or shall be
deemed to be an employee of the City. The Consultant shall at all times have, or
cause to have, in force Workmen's Compensation insurance covering all its employees
and those of any subcontractor and those of anyone under its direction and control.
XXII. PAYMENTS FOR SERVICES, MATERIAL AND EQUIPMENT
The Consultant agrees to pay all persons, firms or corporations, having
contracts directly with the Consultant or with subcontractors of Consultant, all just
claims due them for the payment of services, material and equipment furnished, and
for the payment of material and equipment rental which is actually used or rented in
the performance of this contract.
XXIII. ASSESSMENT FOR TAXATION
Consultant shall comply with, and shall cause to be complied with Section
77-1323, Reissue Revised Statutes of Nebraska, 1943, as amended and shall furnish
a certified statement to be attached to the contract that all equipment to be used on
the project, except that acquired since the assessment date, has been assessed for
taxation for the current year giving the County where assessed. During the
performance under this contract, additional such statements shall be furnished by the
Consultant as may be required by such law or as may be required by the City or its
authorized agent.
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XXIV. AMENDMENTS OR ADDITIONS
No Amendments or additions shall be made to this Agreement except in
writing. Future agreements between the parties must likewise be in writing.
XXV. FINANCIAL INTEREST
Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha,
no elected official or any officer or employee of the City shall have a financial interest,
direct or indirect, in any City contract. A violation of that section with the knowledge
of the Consultant, in addition to constituting employee malfeasance, shall be cause
of the City to unilaterally terminate or void this Agreement.
XXVI. INCREASE OF FEE
The parties hereto acknowledge that, as of the date of the execution of this
Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any
amendment to contracts or purchases which taken alone increase the original fee as
awarded (a) by ten percent, if the original fee is one hundred fifty thousand dollars
($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall
be approved by the City Council in advance of the acceptance of any purchase in
excess of such limits or the authorization of any additional work in excess of such
limits. However, neither contract nor purchase amendments will be split to avoid
advance approval of the City Council.
IN WITNESS WHEREOF, the parties hereto have caused presents to be
executed by their proper officials thereunto duly authorized as of the dates below
indicated.
EXECUTED by the Consultant this .2 day of /WAi , 1995.
ATTEST: OLMSTED & PERRY CON ULTING
ENGINEERS INC.
BY:
Steven W. Perry, Vice Presi nt
EXECUTED by the City this day of , 19 .
ATTEST: CITY OF OMAHA EBRAS A
BY: `S
MA OR OF THE CITY OF OMA A
APPROVED AS TO FORM:
'(/ Y
EXHIBIT "A"
DESCRIPTION OF PROJECT
AND
SCHEDULE OF SERVICES
FOR THE
IMPROVEMENT OF FREDERICK STREET FROM 10TH
STREET TO APPROXIMATELY 13TH STREET
A. DESCRIPTION OF PROJECT
This Agreement provides for engineering services as required for the preparation
of the Final Plan Package for improvement of the existing street. The work required
for this project includes data collection, the making of final survey, right-of-way
survey, basic design plans for grading, pavement, drainage appurtenances,
determination of utility conflicts, traffic accommodations and any other incidental
items necessary for the proposed improvement of Frederick Street from 10th Street
to approximately 13th Street, a distance of approximately 750 feet, and all
north-south streets a sufficient distance for proper design.
Plan sheets shall be made on 23 x 36 inch sheets with a 1/2 inch margin on all
sides except the left which shall be two inches.
Care shall be exercised in drawing all construction details. All notes shall be
properly spaced and all lettering shall be of an engineering style. Clarity must be
maintained to allow reduction of half-size plans.
B. SCHEDULE OF SERVICES
1 . The Consultant shall perform the necessary ground survey including the
project centerline, intersecting streets, alleys and drives, the tying of
located or reestablished land monuments to the survey centerline and
cross-sections and profiles necessary for the hydraulic design and
right-of-way survey.
The project will be designed according to the 1985 Edition of the State
of Nebraska Department of Roads Standard Specifications for highway
construction and all supplements thereto, the Omaha Metropolitan Area
Stormwater Management Design Manual and the AASHTO policy on
Geometric Design of Highways and Streets. Any deviations from the
above must be approved by the City prior to preparation of plans.
Centerline monuments shall be established and tied to at least three (3)
permanent topographic features by point-to-point measurement for use
in later relocation of the monuments. In the event permanent
topographic features are not available within one hundred (100) feet,
appropriately marked stakes may be used.
Page 1 of 5
Bench levels shall run by direct leveling methods and no "side shots" will
be permitted. Levels shall close within an allowable error of
five-hundredths (0.05) foot times the square root of the length of the
level loop in miles.
The Consultant shall run a closed level circuit, establishing intermediate
bench marks along the project and on intersecting streets beyond the
limits of the project. This level circuit must be tied into the bench marks
provided by the City.
Natural topographic features and man-made features, both above and
below ground, shall be recorded by station and appropriate plus and by
distance normal to the centerline to the nearest one foot dimension. All
such topographic features which are pertinent to the design or are
necessary to properly show the effect of the proposed work upon the
adjoining property and/or improvements shall be recorded.
Cross-sections on each side of centerline shall be obtained at even
stations of fifty (50) foot intervals and at such additional pluses as may
be necessary to accurately depict the lay of the land, to analyze drainage
requirements, to compute earthwork quantities and shall include
evaluations of curbs, drives, sidewalks and retaining walls. On improved
intersecting streets, cross-sections shall be taken at the property lines,
centerlines, top of curb lines and in the flow lines or gutter lines as
applicable.
2. The necessary land monuments (section and quarter-section line
monuments) shall be tied to the survey base line by station, plus the
distance right or left to the nearest one-hundredth (0.01 ) foot.
3. Plot plans and profile sheets at a scale of one (1 ) inch equals fifty (50)
feet for the plan portion and one (1 ) inch equals fifty (50) feet horizontal
and one (1 ) inch equals five (5) feet vertical for the profile portion.
4. Plot plan sheets for the entire project at a scale of one (1 ) inch equals
twenty (20) feet.
5. Reduce survey notes and plot roadway cross-sections at a scale of one
(1) inch equals ten (10) feet horizontal and five (5) feet vertical.
6. Prepare a complete drainage plan of the project, determine drainage
areas, determine location of curb inlets and other drainage structures and
determine the size of the storm sewer system. Plot drainage profiles of
all proposed storm sewer pipes on cross-section sheets at a scale of one
(1 ) inch equals ten (10) feet horizontal and ten (10) feet vertical.
7. The Consultant shall develop plans to the 35% complete stage to include
sufficient preliminary design to show the plan and elevations, typical
section of the proposed roadway, the tentative drainage, potential utility
conflicts, proposed cross-sections and limits of construction. Two sets
Page 2 of 5
of plans shall be submitted to the City at this stage. The Consultant and
City will conduct a plan-in-hand evaluation on site as part of this review.
8. After completion of the plan-in-hand 35% review by the City, the
Consultant shall further develop the design to the 65% complete stage
to refine the design features and more definitely determine limits of
construction and right-of-way needs. Two sets of plans shall be
submitted to the City at this stage. Approval of the 65% complete plans
will allow the commencement of work on the right-of-way drawings.
9. The Consultant shall develop the final plans to completion as directed by
the City. The changes, additions and/or deletions deemed necessary as
a result of the 65% review shall be incorporated into the final plans. The
plans at this stage shall include plan review of all construction items,
templated cross-sections, all construction detour plans and staging of
construction to accommodate the traffic.
10. The Consultant shall complete the final design and submit two (2) copies
of drawings to the City for final review.
The completed plans and documents for the project shall include, but not
be limited to the following:
a. Cover sheet.
b. Summary of Quantities Plan Sheets.
c. Typical cross-sections of improvement.
d. Complete plan and profile sheets including storm sewer profiles.
e. Two sets of one (1 ) inch equals twenty (20) feet plan sheets; one
to show all required details for removal items, and the second to
show geometrics, drainage structures, construction notes and
details, retaining walls, utilities and limits of construction. The
drafting of various removals, construction items, geometrics, etc.,
shall be similar to sample plans furnished by the City.
f. Complete set of roadway cross-sections, with the original ground
shown as a dashed line and the final template shown as a solid
line.
g. Drafting for City provided traffic signal plans at one (1) inch equals
twenty (20) feet scale.
h. Drafting for City provided barricading plan at one (1) inch equals
twenty (20) feet scale. Construction sequencing to be provided
on same plan by Consultant.
Drafting for City provided permanent signing design at one (1) inch
equals twenty (20) feet scale (on Traffic Signalization sheet).
j. Two copies of each of the Construction Cost Estimates, both at
the preliminary and final design stages.
k. Two sets of quantity and design calculations and check calcula-
tions.
I. Two copies of the Special Provisions for nonstandard items not
covered by the Nebraska Department of Roads Specifications.
Page 3 of 5
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m. Reports
(1 ) Technical memo of all pertinent meetings
(2) Drainage Study report
(3) Grading Analysis report (comparisons of slope treatment
options.
(4) Preliminary and final estimates of probable construction
costs.
(5) Miscellaneous correspondence and information related to
the project.
1 1 . The location of all overhead and underground utilities both existing and
proposed shall be shown on all one (1 ) inch equals twenty (20) feet plan
sheets.
12. Determine right-of-way and easements required for the construction of
the project. This work shall include the preparation of an individual tract
map for each parcel of property to be acquired, including the legal
description of each tract before the acquisition, and the legal and area of
the part to be acquired. For easements, this work shall include the
preparation of a copy of the portion of the plans showing the existing
conditions, the proposed improvements, the limits, legal description and
area of the easement. Prepare a right-of-way strip map or maps showing
the location of each parcel on the project.
When the completed plans are approved by the City the Consultant shall
submit the original plans, cross-sections and other documents to the
City. The original plan drawings shall be in ink or matte mylar. If
duplicate plan sheets are required for any portion of the project, either
original plan sheets or reproducible matte mylar of the original drawings
shall be used.
C. CITY WILL PROVIDE AT NO COST TO THE CONSULTANT:
1 . The City shall furnish plans and documentation showing location of all
storm and sanitary sewers, traffic signals, drainage studies and other
pertinent information that is available for the project area.
2. The City shall furnish plans showing the location of all proposed street
and sewer construction projects on or adjacent to the project so that
design work may be coordinated and proceed to a satisfactory conclu-
sion and shall notify utilities of the construction work contemplated,
together with all information presently developed relative to this project.
3. All bench marks available in the adjacent area.
4. Title search of each individual tract of property requiring either ease-
ments or acquisition.
5. Current traffic projections and counts, including turning movements and
accident data.
Page 4 of 5
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6. Sample set of plans on an urban-type project showing drafting details.
7. The City shall furnish any standard plan mylars as required for insertion
into the final construction plans.
8. Traffic barricading plans suitable for drafting.
9. Traffic signalization plans suitable for drafting.
10. Permanent traffic signing plans suitable for drafting.
D. OPTIONAL ADDITIONAL SERVICES FOR PROJECT MANAGEMENT,
CONSTRUCTION, INSPECTION AND SURVEYING.
At the option of the City, the Consultant will provide, during construction, the
project management, shop drawing review, construction inspection and
surveying. The fee for the optional project management, shop drawing review,
construction inspection and surveying shall be determined at the time the City
exercises the option and shall be mutually agree to and incorporated into the
Engineering Agreement for improvement of Frederick Street from 10th Street
to approximately 13th Street.
Page5of5
MAN HOUR SUMMARY FOR TASKS EXHIBIT B
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FREDERICK STREET IMPROVEMENT - 10TH ST. TO APPROXIMATELY 13TH ST.
CLASSIFICATION TOTAL HOURS
A. Principal 24
B. Project Manager 50
C. Professional Engineer 123
D. Registered Land Surveyor (MKA)* 12
E. Technician 52
F. Draftsperson 132
G. Clerical 19
H. Survey Crew (MKA) 44
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*Boundaryline Surve
ys - Mike Ka
uss & Associa
tes, Inc
.TOTAL HOURS 456
WORK TASK DESCRIPTION
ABCDE F G H TOTALS
1 . Review of Ex. Documents 1 2 2 2 0 0 0 0 7
2. Site Inspection/Review 1 2 2 1 0 0 0 0 6
3. Field Surveys 0 1 2 5 4 8 0 44 64
4. Quantities 1 2 6 0 6 0 2 0 17
5. Removals 0 2 6 0 6 18 0 0 26
6. Plan & Profile Sheet 1 2 12 0 8 16 0 0 39
7. Cross-Sections 0 2 8 0 4 12 0 0 26
8. Drainage Study 2 4 12 0 2 2 2 0 24
9. Standard Details .0 1 2 0 0 0 0 0 3
10. Barricade Drafting 0 1 1 0 0 4 0 0 6
11 . R.O.W. & Easements 1 2 2 2 2 4 2 0 15
12. Tract Maps 1 2 4 1 0 4 2 0 14
13. R.O.W. Coordination 1 2 2 1 0 0 1 0 7
14. Drainage Plans 1 2 12 0 4 12 0 0 31
15. Reviews 2 4 4 0 0 2 0 0 12
16. Construction Plans 2 3 24 0 12 40 1 0 82
17. Traffic Signals Drafting 1 1 2 0 0 12 0 0 76
18. Utility Coord./Report 1 1 2 0 2 0 2 0 8
19. Soils Coordination 1 1 2 0 0 0 0 0 4
20. Cost Estimate 1 4 8 0 2 0 2 0 17
21 . Special Provisions 2 4 2 0 0 0 3 0 11
22.Typical Sections, 0 1 2 0 0 4 0 0 .7
23. Meetings 4 4 4 0 0 0 2 0 14
TOTALS 24 50 123 12 52 132 19 44 456
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EXHIBIT B
Page 2 of 3
EXHIBIT B (CONTINUED)
HOURLY RATES
The following are the hourly rates for the classifications shown on the work task
description:
Principal $ 90.00
Project Manager 65.00
Professional Engineer 55.00
Registered Land Surveyor 75.00
Technician 45.00
Draftsman (CADD) 32.00
Clerical 26.00
Survey Crew 85.00
t
aq •y.
EXHIBIT B
Page 3 of 3
EXHIBIT "B" (CONTINUED)
BREAKOUT OF DIRECT EXPENSE ESTIMATE
The following is a breakout of the estimated direct expenses expected for the project.
This estimated direct expense cost is included iwthin the lump sum fee shown in
Paragraph VI of the Agreement. It is understood that the final direct cost total may
vary based upon the actual costs incurred.
Estimated Estimated
Direct Expenses Rate Quantity Total
Mileage $ 0.30 per mile 150 $ 45.00
Copies 0.15 per page 280 42.50
Bluelines 1 .00 per sheet 50 50.00
CADD Plot 7.50/per plot 20 150.00
Postage Actual Cost
25.00
Telephone (L.D.) ActualCost 40.00
Estimated Total $ 352.00
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EXHIBIT C
ORGANIZATIONAL CHART
FREDERICK STREET - 10TH TO 13TH STREET
. CITY OF OMAHA
PUBLIC WORKS DEPARTMENT
JAMES J. OLMSTED, P.E.
PRINCIPAL-IN-CHARGE
STEVEN W. PERRY, P.E.
Project Manager & Designer
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OPCE DESIGN•TEAM LAND SURVEYOR GEOTECHNICAL INVESTIGATIONS
Steven W. Perry, P.E. Boundaryline Surveys Huntingdon-Nebraska Testing Corp.
Daniel E. Norman, P.E. Myron R. "Mike" Kauss, Altaf Rahman, PhD., P.E.
OLMSTED Si. PERRY CONSULTING ENGINEERS INC.
1 0730 Pacific Street • Suite 232 • Omaha, Nebraska 681 14-47.22
Phone: 402-399-8552 Fax: 402-399-9852 V
EXHIBIT D
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EXHIBIT E
CONTRACT COMPLIANCE
During the performance of this Contract, the Consultant agrees as follows:
1 . The Consultant shall not discriminate against any employee or applicant
for employment because of race, religion, color, sex or national origin. The consultant
shall take affirmative action to insure that applicants are employed and that employees
are treated during employment, without regard to their race, religion, color, sex, or
national origin. As used herein, the word "treated" shall mean and include, without
limitation, the following: recruited (whether advertising or by other means);
compensated; selected for training, including apprenticeship promoted; upgraded;
demoted; downgraded; transferred; laid off; and terminated. The Consultant agrees
to and shall post in conspicuous places, available to employees and applicants for
employment notices to be provided by the consulting officers setting forth the
provisions of this nondiscrimination clause.
2. The Consultant shall in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, religion, color, sex, or national
origin.
3. The Consultant 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 of worker's representative of the
Consultant's commitments under the Equal Employment Opportunity Clause of the
City of Omaha and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The Consultant shall furnish to the Contract Compliance Officer 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 the Contract Compliance Ordinance, inclusive, and shall permit
reasonable access to his records. Records accessible to the Contract Compliance
Officer shall be those which are related to Paragraphs 1 through 7 and only after
reasonable notice is given the Consultant. The purpose for this provision is to provide
for investigation to ascertain compliance with the program provided for herein.
5. The Consultant shall take such actions with respect to any subcontractor
as the City may direct as a means of enforcing the provisions of Paragraphs 1 through
7 herein, including penalties and sanctions for noncompliance, provided, however, that
in the event the Consultant 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 is
necessary to protect the interest of the City and to effectuate the provisions of the
Ordinance and in the case of contracts receiving Federal assistance, the Consultant
or the City may request the United States to enter into such litigation to protect the
interests of the United States.
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Page 1 of 2
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6. The Consultant shall file and shall cause his subcontractors, if any, to file
compliance reports with the Consultant 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 Contract Compliance
Officer. Compliance reports filed at such times as directed shall contain information
as to the employment practices, policies, programs and statistics of the Consultant
and his subcontractors.
7. The Consultant shall include the provisions of Paragraphs 1 through 7 of
this Section, Equal Employment Opportunity Clause, and the Contract Compliance
Ordinance in every contract or purchase order so that such provisions will be binding
upon each subcontractor or vendor.
Page 2 of 2
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G=25\.
y"/- CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebr September 19, 19 95
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Frederick Street from 10th Street to approximately 13th Street will be
used as a detour during the reconstruction of the 13th Street interchange near Highway I-80; and,
WHEREAS,the current condition of the street is inadequate to handle the expected
detour traffic safely; and,
WHEREAS, the State has agreed to pay for the reconstruction of the detour, except
for engineering fees, in order to allow adequate traffic safety; and,
WHEREAS,the City of Omaha does not have sufficient engineering staff to undertake
a project of this size within the time frame required; and,
WHEREAS, Olmsted & Perry Consulting Engineers was selected to perform the
required engineering services,as detailed in the attached Agreement,which by this reference is made
a part hereof, in accord with the Architect's and Engineer's Review and Selection Ordinance; and,
WHEREAS, Olmsted & Perry Consulting Engineers has agreed to perform the
engineering services detailed in the attached Agreement for a fee of$24,225.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Agreement with Olmsted&Perry to provide engineering services for the
improvement of Frederick Street from 10th Street to approximately 13th Street for a fixed fee which .
will not exceed$24,225.00, is hereby approved.
BE IT FURTHER RESOLVED:
• THAT, the Finance Department is authorized to pay the cost of these services from
the Combined Street and Highway Fund Organization 1505,Fund 330.
APPROVED AS TO FORM:
e'' ''' -' .1e.}
TANT CITY ATTORNEY
By . ... ‘ l
P.\PW\223 KZ Councilmember
Adopted..: EP 19 995 ' 7
City lerk
Approved.. c
Mayor
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