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RES 2018-0472 - Agmt with Snyder & Associates Inc for OPW 53380, 2018 concrete pavement repair westbound L St from 96th to 108th Sts OFO ,".",,,v,9, j�,5 t,- cam,. i ,, - 1 C, `� 's� E ; r -� Public Works Department «c.`"� r.0,=:• Omaha/Douglas Civic Center z f�`C�-�`� � �� , 1819 Farnam Street,Suite 601 ®, �.rl `fi i MAY 1 ,5 2018 P. • 02 o'a"?� -,,,<'°^ Omaha,Nebraska 68183-0601 'PAOq . ��1,. (402)444-5220 Z D FEW) CITY C Fax(402)444-5248 City of Omaha f'r", ;�t-n ri A S t5.i Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with 'Snyder & Associates, Inc. to provide professional services on OPW 53380, being 'the 2018 Concrete Pavement Repair, Westbound L street from 96th to 108th Street Project. This Agreement includes design services, and additional services as identified in the attached agreement. Snyder & .Associates, Inc: has agreed to perform these services for a fee not to exceed, $56,729.14, to be paid from the City.Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, year 2018 expenditure. Snyder & Associates; Inc:. has filed the required Contract Compliance Report, Form CC-1, as determined by the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. R ectfully submitte d: _ 'a-e.2.-LtIki. -,9� g (../ , k../ -2-7-1 Ro ert G. Stubbe, P.E. Date Franklin T. Thompson Date Public Works Director ' ' Human Rights and Relations Director Approved as to Funding: Referred to City Council for Consideration: ,—., /5 • -•-.' YA g /(14\ SiV.-1)1A 9740/K Step n B. Curtiss �1,A Date Mayors-Office .Date Finance Director 2118Cgrp C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, professional engineering services are needed in conjunction with OPW 53380 being the 2018 Concrete Pavement Repair, Westbound L street from 96th to 108th Street Project; and, WHEREAS, Snyder & Associates, Inc. was selected by the Architects and Engineers Selection Process and has agreed to.provide professional services as listed in the attached Professional Services Agreement, which by this reference is made a part hereof; and, WHEREAS, Snyder & Associates, Inc. has agreed to perform these services for a fee not exceed $56,729.14 to be paid from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, year 2018 expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Professional Services Agreement with Snyder & Associates, Inc. to provide professional services on OPW 53380 being the 2018 Concrete Pavement Repair, Westbound L street from 96th to 108th Street - Project, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $56,729.14 from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, year 2018 expenditure. 2118grp APPRO, ED AS TO FORM 4e-?..7-tr AITY ATTORNEY DATE • By 1• Atoe",- CouncilmeAber Adopted MAY 15 201'8 City Clerk Approved ' , A C�I L .. _Mayor PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 3 rofday ofApri 1, ZOJA by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and Snyder & Associates, Inc. (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. All references to"Contractor"shall mean"Provider". PROJECT NAME AND DESCRIPTION OPW 53380,2018 Concrete Pavement Repair,Westbound"L" street from 96th to 108th Street Construction Engineering Services II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Proposal attached hereto, for the City, relative to the above-referenced project which is illustrated in Exhibit `B" attached hereto. Such services shall be completed within a period beginning at start of construction, of a 70 calendar day period after receipt of a purchase order from the City. B. Provider designates Michael G. Geier whose business address and phone number is 1751 Madison Ave., Council Bluffs, IA 51503; t. .e (712) 322-3202 as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, financial and property records,sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five(5)years after the expiration of this Agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers,employees, and subcontractors. E. Provider agrees to complete, within a period beginning at start of construction, of 70 calendar days of receipt of a purchase order from the City, the necessary services. The City recognizes that completion within this deadline is contingent upon timely response from utilities and City input. F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's Human Rights and Relations Department prior to signing the agreement. III. DUTIES OF CITY A. City designates Todd Curtright whose business address and phone number are 52215 Dayton Street, Omaha, NE 68117;lizst. (402) 889-3339 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. 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 exceed$56,729.14. Detailed breakdown of costs shall be shown in Exhibit B. Reimbursable expenses shall be billed to the City by the Provider. C. 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 at another site or make any modification to the documents without the 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 or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required,Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS 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 attorneys'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. 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 attorneys'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 manner whatsoever for the other party's own negligence. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven(7)days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered 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,sex,age,or disability as recognized under 42 USCS 12101 et seq.and Omaha Municipal Code section 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. 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. G. 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. H. Assignment. The Provider may not assign its rights under this Agreement without the express prior written consent of the City. 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. J. 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 services 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 terminated if such lawful presence cannot be verified as required by Neb.Rev. Stat. §4-108. K. 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. L. 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. 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. M. 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. 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 applicants 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 the 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. EXECUTED this rA'day of A i- l , 20(6 i Provider By , AT EST �tJstt.c.-s5 VAi L-e,..o'ker" (Title) EXECUTED thisday of Maul. ,244 ATTEST CITY OF OMAHA,A Municipal Corporation By 4-1"./� t ity Cler Ac4onMayor APPROVED AS TO FORM: Deputy Cit Attorney Revised: 5/2016 EXHIBIT "B" CONSTRUCTION ENGINEERING SERVICES OPW 53380 Concrete Panel Repair SCOPE OF SERVICES 1. INTRODUCTION The following Scope of Services for Construction Engineering Services shall include, but is not limited to Construction Inspection and Materials Testing. The work shall include but is not limited to; the preconstruction phase, construction phase, construction closeout, coordination with the general contractor, construction inspection, final documents and materials testing. 2. PROJECT DESCRIPTION Remove and replace PCC Pavement Panels on Westbound "L" Street from 96th Street to 108th Street as well as other various locations throughout the city of Omaha. 3. PRE-CONSTRUCTION PHASE The following pre-construction phase tasks will include but are not limited to: A. Request a state representative for the project. B. and businesses of the upcoming project one week before construction begins. C. Arrange-and #irect Attend the pre-construction meeting with the contractor and all stake holders. D. Submit all necescary documents as required by the NDOR and FHWA before construction begins. E. Review and approve the construction schedule. F. Take, document, and provide pre-construction photos or videos. OPW 53380 1 of 3 4. CONSTRUCTION PHASE The following construction phase tasks will include, but are not limited to: A. Provide an organizational chart depicting the construction team. B. Establish a procedure for managing, tracking, and storing all relevant documents between the contractor and the City. NDOR, and FHWA. C. Mobilize a construction inspection team on site for the duration of the construction activities. D. Maintain project field diaries, accurate quantities, files and records, and photos. aild Site Manager documentation, in accordance with the NDOR LPA Guidelines Manual for Federal_Aid Projects E. Input Daily Diary and quantities in the weekly progress reports. F. Monitor the contractors' activities for compliance with the plans and specifications. G. Perform all necessary construction surveying and staking. H. Review work zone traffic control devices each day. I. Provide erosion control inspection. contract requirement;. K. Prepare as built plans. L. Attend weekly meetings (Construction Progress Meetings) with the contractor and record meeting minutes. M. Observe and record change order and force account work. N. Mark removals in accordance with City of Omaha standards. 5. CONSTRUCTION CLOSEOUT The following construction phase tasks will include but are not limited to: A. Conduct a final project walkthrough/inspection. B. Prepare and provide to the contractor a punch list of repair items that need to be addressed before project acceptance. C. Verify all project work has been completed, inspected and approved. D. Submit all necessary documentation for project closeout to NDOR. OPW 53380 2 of 3 6. SURVEYING The following surveying tasks will include, but are not limited to: A. Attend pre-construction meeting, weekly progress meetings, and coordinate the necessary construction staking. B. Identify and mark the limits of construction. C. Establish horizontal and vertical control. D. Perform all necessary construction staking. E. Complete all final record drawings for the project. 7. MATERIALS TESTING SERVICES The following materials and testing will include, but are not limited to: A. Perform all necessary materials testing in conformance with the NDOR Materials Sampling Guide, RDL, and Sampling Checklist. City of Omaha Materials and Testing Manual. B. Acquire, record, and provide all necessary material certifications. C. Provide all test reports and certifications to the project manager within one (1) day of performing the test or receiving the material certifications. OPW 53380 3 of 3 Consultant's Estimate of Hours Construction Engineering Project Name: 2018 Concrete Pavement Panel Repair Project Number: OPW 53380 Consultant: Snyder&Associates, Inc. Control Number: Consultant PM: Mike Geier NDOR PC: Date: March 28,2018 TASKS PERSONNEL CLASSIFICATIONS PR PM ENG DES SCC SCM INS1 INS2 ADM UD Total 1. Project Management&Coordination 16 8 4 28 1.1 Project Management 16 8 4 28 2. Meetings 4 4 8 2.1 Construction Inspection Planning Meeting 2 2 4 2.2 Pre-Construction Meeting 2 2 4 • • Exhibit" " Consultant's Estimate_of Hours Sheet 1 of—2 TASKS PERSONNEL CLASSIFICATIONS PR PM ENG DES SCC SCM INS1 INS2 ADM UD Total 9. Construction Inspection 315 315 9.1 Construction Inspection 165 165 9.2 Measure,calculate,and document qty of pay items 75 75 9.3 Maintain records/data,prepare Weekly Report of WDs 75 75 10. Perform Material Sampling and Testing 45 45 10.1 Collect,verify,document,deliver all samples to test lab 45 45 10.3 Review and document all test results of all samples • 10.4 Trips to Site(Travel)for Delivery&Collecting Samples 12. Final Inspections 2 24 26 12.1 Walkthrough of Site and Preparation of Punch List 2 12 14 12.2 Review Project to verify Punch List has been completes 12 12 13. Project Closeout 2 24 4 30 13.1 Project Closeout 2 24 4 30 14. Other 14.1 14.2 Total Days 3 52.5 1 57 Total Hours 24 420 8 452.0 • Exhibit" " Consultant's Estimate of Hours Sheet 2 of—2 !Direct Expenses Project Name: 2018 Concrete Pavement Panel Repair Project Number: OPW 53380 Consultant: Snyder&Associates, Inc. Control Number: Consultant PM: Mike Geier NDOR PC: Date: March 28,2018 Subconsultants: Amount Terracon-Concrete cylinder compression testing $8,830.00 Subtotal $8,830.00 Mileage/Travel: Qty Unit Cost Amount°;; 45 trips Omaha office to site @ 10 miles per trip 450 $0.55 $245.25 10 trips CB office to site @ 15 mi per trip 150 $0.55 $81.75 10 trips Omaha office to Street Maintenance office @ 10 miles per trip 100 $0.55 $54.50 4 trips CB office to Street Maintenance office @ 20 miles per trip 80 - $0.55 $43.60 Subtotal $425.10 Other Miscellaneous Costs: Qty Unit Cost . :Arhount Subtotal Material Testing: Qty Unit Cost Material Testing: Qty Unit Cost �` Amountfi;stiK. Subtotal TOTAL DIRECT EXPENSES $9,255.10 Exhibit" " Direct Expenses Sheet 1 of 1 Project Cost & Breakdown Project Name: 2018 Concrete Pavement Panel Repair Project Number: OPW 53380 Consultant: Snyder&Associates, Inc. Control Number: Consultant PM: Mike Geier NDOR PC: Date: March 28,2018 LABORCOSTS' Classification Hours Specific Rate Amount Principal 24 $235.13 $5,643.12 Project Manager Engineer Designer/CADD Tech Survey Crew Chief Survey Crew Member Inspector 1 420 $98.29 $41,281.80 Inspector 2 Administrative 8 $68.64 $549.12 User Defined Subtotal $47,474.04 DIRECT EXPENSES `Amo'unt.r Subconsultants: $8,830.00 Printing And Reproduction: Mileage/Travel: $425.10 Lodging/Meals: Material Testing: Subtotal $9,255.10 F_ TOTAL PROJECT COSTS •,'Afnount;.'.: . .... Labor Costs $47,474.04 Direct Expenses $9,255.10 TOTAL COST $56,729.14 LABOR COST BY MAJOR TASKS Direct Labor Amount 1. Project Management&Coordination $4,822.96 $4,822.96 2. Meetings $1,333.68 $1,333.68 3. Traffic Control Plan 4. SWPPP Inspections/Manual Updates 5. Construction Survey/Staking 6. Construction Consultation/Site Manager& Daily, 7. Girder Shim Surveying(Bridge Projs Only) 8. Perform Bearing Calculations 9. Construction Inspection $30,961.35 $30,961.35 10. Perform Material Sampling and Testing $4,423.05 $4,423.05 11. As-Built Drawings 12. Final Inspections $2,829.22 $2,829.22 13. Project Closeout $3,103.78 $3,103.78 14. Other $47,474.04 $47,474.04 Exhibit" " Project Cost Breakdown Sheet 1 of 1 lierracon Reference Number: P05181088 MASTER SERVICES AGREEMENT TASK ORDER This TASK ORDER is issued under the MASTER SERVICES AGREEMENT(dated 06/06/1997,agreement reference number NA)between Snyder& Associates,Inc.("Client")and Terracon Consultants,Inc.("Consultant")for Services to be provided by Consultant for Client on the L St.Pavement Replacement-96th St.to 108th St.project(Project"),as described in the Project Information section of the Consultant's Task Order Proposal dated 03/28/2018(Task Order Proposal")unless the Project is otherwise described below or in Exhibit A to this Task Order(which section or Exhibit are incorporated into this Task Order).This Task Order is incorporated into and part of the Master Services Agreement. 1. Project Information The project will consist of concrete pavement panel replacement on the westbound lanes of L Street from 96th Street to 108th Street. Based on your e- mail,we understand the project is scheduled to be completed in 51 calendar days,working 6 days per week. 2. Scope of Services The scope of Services to be provided under this Task Order are described in the Scope of Services section of the Consultant's Task Order Proposal,unless Services are otherwise described below or in Exhibit B to this Task Order. Based on our conversations,we understand the scope of the on-call services includes: • Portland cement concrete laboratory testing — Compressive strength of concrete cast by others(1 set of 6 cylinders per day) — Compressive strength sample pickup(1 trip per day, Monday through Saturday) Project Management — Supervision of laboratory services — Preparation and review of project reports and monthly invoices If we have misunderstood any aspect of the proposed project, please advise us at once so we can evaluate the scope of services and make any necessary adjustments. We will confirm your request by sending you a short supplement form that states the additional services, making them part of the original agreement. 3. Compensation Client shall pay compensation for the Services performed at the fees stated in the Task Order Proposal unless fees are otherwise stated below or in Exhibit C to this Task Order. Based on your e-mail dated March 28, 2018, our estimated cost to perform the proposed scope of services is$8,830. A breakdown of our cost is provided in the attached Cost Estimate. It should be noted the Client would be billed only for the amount of service provided,i.e.Terracon will not bill for the total budget if the total booked is less than the budget. Please note this is only a budget estimate and not a not-to-exceed price. Many factors,including those out of our control,such as weather and the contractor's schedule,implementation of RFI's and/or ASI's,and how often we are called to the site,will dictate the final fee for our services. Furthermore, all costs associated with deviations, re-testing and re-inspections of failing items, on-site standby time, overtime, and short notice premiums are not included in our estimated cost. Fees for services provided will be based on the attached Unit Rate Schedule. These rates will apply for the duration of the project. All terms and conditions of the Master Services Agreement shall continue in full force and effect. This Task Order is accepted and Consultant is authorized to proceed. Consultant: T n Con :ltants, Inc. Client: Snyder&Associates,Inc. By: Date: 3/28/2018 By: Date: Name/Title: Phili Schiele,P.G./Department Manager Name/Title: Mike Geier/Business Unit Leader Address: 15080 A Cir Address: 1751 Madison Ave Omaha, NE 68144-5558 Council Bluffs,IA 51503 Phone: (402)330-2202 Fax: (402)330-7606 Phone: (712)322-3202 Fax: (712)322-3209 Email: Phil.Schiele@terracon.com Email: mggeier@snyder-associates.com Reference Number:P05181088 Page 1 of 1 Rev.8-12 Proposal for Materials Testing Services lierracon L St. Pavement Replacement-96th St.to 108th St. o Omaha, Nebraska March 28, 2018 m Terracon Proposal No. P05181088 UNIT RATE SCHEDULE • Rate Unit PERSONNEL Project Coordinator $60.00 hour Project Manager $105.00 hour LABORATORY TESTING Compressive Strength of Concrete (made by others) $20.00 each TRIP CHARGE(includes travel time, mileage&vehicle) Compressive Strength Sample Pickup $50.00 trip *Overtime is defined as all hours in excess of eight(8)per day, outside of the normal hours of 7:00AM to 5:00PM Monday through Friday, and all hours worked on Saturdays, Sundays, and holidays. Overtime rates will be 1.5 times the hourly rate quoted (2.0 times the hourly rate for Sundays and Holidays). A one hour minimum charge per task is applicable to all site visits. The representative's travel time, vehicle, and mileage are combined into a Trip Charge. You will be invoiced on a periodic basis for services actually performed as authorized or requested by you or your designated representative. Responsive o Resourceful o Reliable Proposal for Materials Testing Services 1��rracon L St. Pavement Replacement-96th St.to 108th St. o Omaha, Nebraska March 28, 2018 o Terracon Proposal No. P05181088 COST ESTIMATE No. of Hr(s)./ Service Type Services service Rate Unit Cost PORTLAND CEMENT CONCRETE TESTING Trip Charge* Compressive Strength Sample Pickup 44 $50.00 visit $2,200.00 Laboratory testing Compressive Strength of Concrete (made by 264 $20.00 test $5,280.00 others) Subtotal= $7,480.00 PROJECT MANAGEMENT Project Administration Project Coordinator 5 $60.00 hour $300.00 Project Manager 10 $105.00 hour $1,050.00 Subtotal= $1,350.00 TOTAL ESTIMATED FEE ESTIMATED TOTAL= $8,830.00 *The representative's travel time, vehicle, and mileage are combined into a Trip Charge. Multiple services may be provided during some trips; therefore,the quantity of services estimated may not equal the quantity of trips estimated. It should be noted the client is billed only for the amount of service provided, i.e. Terracon will not bill for the total Cost Estimate if the total booked is less than the estimate. The number of tests, trips, and hours on-site are primarily controlled by the contractor's schedule. We recommend the contractor review our estimated number of tests, trips, and duration of on-site time to determine if our estimate is compatible with their production. The estimated cost can be revised if necessary. • Responsive Resourceful o Reliable NO. L47 Item Submitted By: Gary Pech Department: Public Works Council Meeting Date: May 15, 2018 Res. that, as recommended by the Mayor, the Professional Services Agreement with Snyder & Associates, Inc., in the amount of $56,729.14, to provide professional services on OPW 53380, being the 2018 Concrete Pavement Repair, Westbound L Street from 96th to 108th Street Project, is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $56,729.14, from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, year 2018 expenditure.) 144140 Presented to City Council May 15, 2018 APPROVED 7-0 elizabeth &tier City Clerk