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RES 2016-1107 - Agmt with Alfred Benesch & Company for major st resurfacing project Ngd r-- r � � �.. Public Works Department tia «` �"i�1 Omaha/Douglas CIv is Ccntcr ¢Fi-Af ro August 9, 2016 ,r p .: R r 1819 1 arnam Strict,Suite 601 coo ;��_ti LW) F Omaha,Nebraska 68183-0601 0 I- A (402)444-5220 4/tn FEBRUA Fax(402)444-5248 City of Omaha 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 the Task Order Agreement between the City of Omaha and Alfred Benesch & Company for the project designated MAPA-5082(7), State Control No. 22681, being the Major Street Resurfacing of Omaha project. The City Council approved a Program Agreement for this project by Resolution No. 1086 on August 18, 2015. This Task Order Agreement will be funded as an "Advanced Construction" project with 100% local match. The cost of this agreement is a sum not to exceed $426,156.59 being paid from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159. The Public Works Department requests your consideration and approval of the attached Resolution. Respectfully submitted, Approved: ad,,__-zA-ctll,tja-t. 7- / /z Robert G. Stubbe, P.E. Date Spencer K. Dan Jr. Date Public Works Director Human Rights and Rel ions Director Approved as to Funding: Referred to City Council for Consideration: 6,("::.), vive„ -7 z t /S ephe . Curtiss e Mayor's Office hate Finance Di'ector 1450hra DOR"e Task Order Agreement No. BK1630 Master Agreement No. BK1557 Effective(NTP)Date Departme NebntraskaofRoads Task Order Amount $426,146.59 TASK ORDER AGREEMENT ON-CALL CONSTRUCTION ENGINEERING SERVICES FOR LPA PROJECTS CITY OF OMAHA ALFRED BENESCH & COMPANY PROJECT NO. MAPA-5082(7) CONTROL NO. 22681 MAJOR STREET RESURFACING IN OMAHA THIS AGREEMENT is between the City of Omaha ("LPA") and Alfred Benesch & Company ("Consultant"), collectively referred to as the "Parties". WITNESSETH: WHEREAS, in accordance with the terms of the On-Call Professional Services Master Agreement No. BK1557 ("Master Agreement"), State selected several consultants, including Consultant, to be available to complete services for various local public agency Federal-Aid projects, and WHEREAS, plans, special provisions, and standard specifications are being completed for the letting and construction of a federal-aid transportation related project, and WHEREAS, Consultant has been selected to provide Construction Engineering services hereinafter the "Services" for LPA's project identified as Project No. MAPA-5082(7), and WHEREAS, solely for convenience, consistency and in an attempt to obtain federal funding for Consultant's Services, the Parties intend that this task order agreement ("Task Order"), include some of the provisions of BK1557 between Consultant and the State of Nebraska, Department of Roads, and WHEREAS, this Task Order is to specify the duties and obligations of the Parties for the Services described herein, and WHEREAS, Consultant shall provide Services in accordance with all applicable federal-aid transportation project related program requirements, so that Consultant's costs of Construction Engineering will be eligible for federal reimbursement, and WHEREAS, Consultant shall provide services in accordance with the terms and conditions of the Nebraska LPA Guidelines Manual for Federal Aid Projects; hereinafter referred to as LPA Manual (See definition in Section 1), and WHEREAS, Consultant should request from LPA or State the contact information for Consultant's primary point of contact for this project. NOW THEREFORE, in consideration of these facts, the Parties hereto agree as follows: SECTION 1. DEFINITIONS (LPA Task Order) WHEREVER in this Task Order the following terms are used, they mean the following: "LPA" stands for Local Public Agency, and in this Task Order means City of Omaha, unless the context otherwise requires. LPA may also refer generally to other Local Public Agencies. Local Template T-AGR-7-TO (rev. 3-17-16) Page 1 of 9 ON-CALL PROFESSIONAL SERVICES TASK ORDER AGREEMENT Public Agencies include, but are not necessarily limited to; Nebraska Cities, Villages, Counties, Political Subdivisions, Native American Tribes, and other entities or organizations found to be eligible sub recipients of federal funds for transportation projects, and "CONSULTANT" means the firm of Alfred Benesch & Company and any employees thereof, whose business and mailing address is 14748 West Center Road, Suite 200, Omaha, Nebraska, 68144-2209, and "LPA MANUAL" means the Nebraska Department of Roads' LPA Guidelines Manual for Federal-Aid Projects. The LPA Manual is a document approved by the Federal Highway Administration (FHWA) that sets out the requirements for local federal-aid projects to be eligible for federal reimbursement; the LPA Manual can be found in its entirety at the following web address: http://www.transportation.nebraska.qov/qov-aff/Ipa/Ipa-Quidelines.pdf, and "STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, its Director, or authorized representative. The State will act as an agent of LPA and will represent the interests of the United States Department of Transportation in the development and construction of such LPA's project when State is managing the project on behalf of the LPA , and "FHWA" means the Federal Highway Administration, United States Department of Transportation, Washington, D.C. 20590, acting through its authorized representatives. SECTION 2. DURATION OF THE AGREEMENT 2.1 Effective Date--This Agreement is effective upon the earlier of the date (1) LPA, or State on LPA's behalf, issued the Notice to Proceed, or(2) the Parties executed this Agreement. 2.2 Renewal, Extension or Amendment—The Agreement may be renewed, extended or amended by mutual agreement or as otherwise provided herein. 2.3 Identifying Date— For convenience, the Agreement's identifying date will be the date LPA signed the agreement. 2.4 Duration— LPA and State will treat this Agreement as completed or inactive upon (1) the final completion of an audit review by State or its authorized representative and the 2.5 Termination-- Further, LPA, or State on LPA's behalf, reserves the right to terminate the agreement as provided herein. SECTION 3. TASK ORDER SCOPE OF SERVICES (CE) 3.1 Upon receiving a written notice to proceed from State, on behalf of LPA, Consultant must complete the Services in accordance with all federal-aid reimbursement requirements and conditions. The entire Scope of Services for this Task Order includes SECTION 3. TASK ORDER SCOPE OF SERVICES, SECTION 5. SCOPE OF SERVICES of the Master Agreement, and the Scope of Services as set out in Exhibit "A", which is attached and incorporated herein by this reference. This Task Order Scope of Services will govern over any contrary language in the Scope of Services of the Master Agreement. 3.2 The Scope of Services in Exhibit "A" is the result of the following process: 3.2.1 Consultant was provided the detailed proposed Scope of Services for this project 3.2.2 Consultant made necessary and appropriate proposed additions, deletions, and revisions to the detailed Scope of Services document. Project No. MAPA-5082(7) Page 2 of 9 Control No. 22681 Agreement No. BK1630 Major Omaha Resurfacing in Omaha ON-CALL PROFESSIONAL SERVICES TASK ORDER AGREEMENT 3.2.3 Consultant participated in a review of the proposed Scope of Services and the proposed revisions, and negotiated the final detailed Scope of Services and Fee Proposal document, which is attached as Exhibit "A". 3.3 Exhibit "A" sets out the Services reasonably necessary for Consultant Services to adequately observe, monitor, inspect, measure, manage, document and report so that LPA's project is constructed by the contractor in compliance with the Construction Contract Documents and "the Manuals" (as defined in the Basic Scope of Services set out in the Master Agreement), State and Federal law, rule or regulation and policy. 3.4 Upon receiving a written notice to proceed from State on behalf of LPA, Consultant shall complete the Services required under this Task Order and in accordance with the terms of the Master Agreement. 3.5 LPA, or State on behalf of LPA, has the absolute right to add or subtract from the Scope of Services at any time and such action on its part will in no event be deemed a breach of this Task Order. The addition or subtraction will become effective seven days after mailing written notice of such addition or subtraction. 3.6 Additional Requirements: 3.6.1 Consultant shall advise the LPA, or State on behalf of LPA, when it appears any Disadvantaged Business Enterprise (DBE) working on the project is in need of assistance. 3.6.2 Consultant shall make every effort to assist the Contractor or any Subcontractor in interpreting Project Plans, Special Provisions, Standard Specifications, other Construction Contract Documents, or the Manuals. 3.6.3 Consultant shall be present at the project site or available locally beginning on the date specified in the notice to proceed to the contractor, unless project work has not begun at the site; or, with at least 24 hours' notice, at any prior date when contract work begins or when materials are delivered to the project that need to be tested, sampled or inspected to verify conformance to the requirements of the Construction Contract Documents. 3.6.4 Consultant shall promptly review and approve or reject all construction work on the project, with the right, but not the duty, for State and FHWA to review for compliance or funding eligibility. 3.6.5 Consultant shall submit to State, and to LPA if LPA is the primary point of contact, two copies weekly of all reports of field tests performed by Consultant. Consultant shall take prompt and appropriate action to reject or cause Contractor to remedy the work or materials that do not conform to the contract documents.Additionally, Consultant shall promptly notify State, and LPA if LPA is the primary point of contact, of work that does not conform to the contract documents. 3.6.6 Consultant shall comply with all Federal, State and local laws, rules or regulations, policies or procedures, and ordinances applicable to the work contemplated in this Task Order. 3.6.7 Project time delays attributed solely to the Contractor will constitute a basis for a request for an equivalent extension of time for Consultant. The Parties agree that federal reimbursement of extra compensation must be approved in advance as described in Exhibit "B". Project No. MAPA-5082(7) Page 3 of 9 Control No. 22681 Agreement No. BK1630 Major Omaha Resurfacing in Omaha ON-CALL PROFESSIONAL SERVICES TASK ORDER AGREEMENT 3.6.8 Consultant shall complete the sampling and testing type, method and frequency according to the current State of Nebraska Manuals, including the Materials Sampling Guide and the State Standard Methods of Tests (www.transportation.nebraska.gov), and the Construction Contract Documents. For sampling or testing issues or situations that are not covered in the Construction Contract Documents or the Manuals, Consultant shall notify LPA, or State on behalf of LPA, provide its advice and request that LPA, or State on behalf of LPA, decide what testing type, method or frequency should be applied for this project. Any test methods or procedures that are proposed to be used and are not covered by State procedures must receive prior concurrence for use from State and FHWA. 3.6.9 Any person logging onto the NDOR network with a VPN Connection and logging onto SiteManager must log-in using only that person's credentials. Logging in using someone else's credentials is not allowed on a State or Local Federal-aid project. SECTION 4. NOTICE TO PROCEED AND COMPLETION 4.1 State, on behalf of LPA, will issue Consultant a written Notice-to-Proceed upon 1) full execution of this Agreement, 2) LPA's determination, or State's determination on LPA's behalf, that federal funding approval has been obtained for the project and 3) State's concurrence that the form of this Agreement is acceptable for federal funding eligibility. Any work or services performed by Consultant on the project prior to the date specified in the written Notice-to-Proceed will not be eligible for reimbursement. 4.2 Consultant shall complete all the Services under this Task Order within 60 calendar days from the construction completion date stated on the DR Form 91 "Notification of Contract Completion." Consultant shall invoice the work within 105 calendar days of the construction completion date. The completion of the construction of this project is estimated to be September 16, 2017, and is subject to change. State's Construction Division Project Coordinator must approve any exception to this deadline. If justification is approved, a time extension will be granted. Any costs incurred by Consultant after the completion deadline will not be eligible for federal funding reimbursement. SECTION 5. STAFFING PLAN (TO CE) 5.1 Consultant has furnished LPA and State with a Staffing Plan that identifies the employees of Consultant who will be part of the primary team for this project. The primary team is expected to be directly responsible for providing the Services under this Agreement. The Staffing Plan is included in Exhibit "A". During construction, Consultant may make occasional temporary changes to the primary team. However, State and LPA, if applicable, must approve, in advance and in writing, any permanent change to the primary team. 5.2 Personnel who are added to the Staffing Plan as replacements must be persons of comparable training and experience. Personnel added to the Staffing Plan as new personnel and not replacements must be qualified to perform the intended services. Failure on the part of Consultant to provide acceptable replacement personnel or qualified new personnel to keep the services on schedule will be cause for termination of this Task Order, with settlement to be made as provided in Exhibit "B", attached and Project No. MAPA-5082(7) Page 4 of 9 Control No. 22681 Agreement No. BK1630 Major Omaha Resurfacing in Omaha ON-CALL PROFESSIONAL SERVICES TASK ORDER AGREEMENT incorporated herein by this reference. SECTION 6. NEW EMPLOYEE WORK ELIGIBILITY STATUS 6.1 Consultant 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. Consultant agrees to contractually require any subconsultants 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. 6.2 The undersigned duly authorized representative of Consultant, by signing this Agreement, hereby attests to the truth of the following certifications, and agrees as follows: Neb.Rev.Stat. § 4-114. I certify compliance with the provisions of Section 4-114 and, hereby certify that this Consultant shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. I agree to require all subconsultants, by contractual agreement, to require the same registration and verification process. 6.3 If Consultant is an individual or sole proprietorship, the following applies: a. Consultant must complete the United States Citizenship Attestation form and attach it to this Agreement. This form is available on the Department of Road's website at www.transportation.nebraska.gov/proidev/#save. b. If Consultant indicates on such Attestation form that he or she is a qualified alien, Consultant agrees to provide the US Citizenship and Immigration Services documentation required to verify Consultant lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. c. Consultant understands and agrees that lawful presence in the United States is required and Consultant may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SECTION 7. FEES AND PAYMENTS 7.1 Consultant's fee proposal is attached as Exhibit "A" and incorporated herein by this reference. 7.2 The general provisions concerning payment under this Agreement are attached as Exhibit "B". 7.3 For performance of the services as described in this Agreement, Consultant will be paid a fixed-fee-for-profit of$44,107.35 and up to a maximum amount of$382,049.24 for actual costs in accordance with Exhibit "B". The total agreement amount is $426,156.59. Project No. MAPA-5082(7) Page 5 of 9 Control No. 22681 Agreement No. BK1630 Major Omaha Resurfacing in Omaha ON-CALL PROFESSIONAL SERVICES TASK ORDER AGREEMENT SECTION 8. SUSPENSION OR TERMINATION (CE Task Order) 8.1 Suspension or Termination: LPA or State, on LPA's behalf, has the absolute right to suspend the work, or terminate this Task Order at any time and for any reason and such action on its part will in no event be deemed a breach of this Task Order by LPA. Without limiting the rights set out in this section, the following is a non-exclusive list of the examples of the circumstances under which LPA or State may suspend or terminate this Task Order: a. A loss, elimination, decrease, or re-allocation of funds that make it difficult, unlikely or impossible to have sufficient funding for the Services or the project; b. The Services or the project are abandoned for any reason; c. Funding priorities have changed; d. LPA's or State's interests are best protected by suspension or termination of this Task Order; e. Consultant fails to meet the schedule, milestones, or deadlines established in this Task Order or agreed to in writing by the Parties; f. Consultant fails to provide acceptable replacement personnel or qualified new personnel; g. Consultant has not made sufficient progress to assure that the Services are completed in a timely manner; h. Consultant fails to meet the standard of care applicable to the Services; i. Consultant fails to meet the performance requirements of this Task Order; j. Consultant's breach of a provision of this Task Order or failure to meet a condition of this Task Order; k. Consultant's unlawful, dishonest, or fraudulent conduct in Consultant's professional capacity; I. Consultant fails to complete the project design in a form that is ready for letting a contract for construction according to the approved contract documents, including, but not limited to, project plans and specifications; 8.2 Suspension 8.2.1. Suspension for Convenience: If LPA or State, on LPA's behalf, suspends the work for convenience, Consultant will be given notice of the date of suspension, which date will be no fewer than three (3) business days after notice is given. Such notice will provide the reason(s)for such suspension. Consultant will not be compensated for any Services completed or costs incurred after the date of suspension. Consultant shall provide LPA and State a detailed summary of the current status of the Services completed and an invoice of all costs incurred up to and including the date of suspension. 8.2.2. Suspension for Cause: If State on LPA's behalf suspends Consultant's work for cause or for issues related to performance, responsiveness or quality that must be corrected by Consultant, State will give Consultant notice of the date of suspension, which date will be no fewer than three (3) business days after notice is given. State's notice of suspension will provide Consultant with the reason(s) for the suspension, a timeframe for Consultant to correct the deficiencies, and when applicable, and a description of the actions that must be taken for State to rescind the suspension. Consultant's right to incur any additional costs will be Project No. MAPA-5082(7) Page 6 of 9 Control No. 22681 Agreement No. BK1630 Major Omaha Resurfacing in Omaha ON-CALL PROFESSIONAL SERVICES TASK ORDER AGREEMENT suspended at the end of the day of suspension and will continue until all remedial action is completed to the satisfaction of LPA and State. Failure to correct the deficiencies identified in a suspension will be grounds for termination of this Task Order. 8.3 Termination: If State terminates this Task Order on LPA's behalf, State will give Consultant notice of the date of termination, which will be no fewer than three (3) business days after notice is given. State's notice of termination will provide Consultant with a description of the reason(s)for the termination. State's notice will specify when this Task Order will be terminated along with the requirements for completion of the work under this Task Order. Consultant's right to incur any additional costs will cease at the end of the day of termination or as otherwise provided by State. 8.4 Compensation upon suspension or termination: If State suspends the work or terminates the Task Order on LPA's behalf, Consultant must be compensated in accordance with the provisions set out in Exhibit "B", provided however, that in the case of suspension or termination for cause or for Consultant's breach of this Task Order, State will have the power to suspend payments, pending Consultant's compliance with the provisions of this Task Order. In the event of termination of this Task Order for cause, State may make the compensation adjustments set out in Exhibit "B". SECTION 9. RESPONSIBILITY FOR CLAIMS AND LIABILITY INSURANCE (LPA) 9.1 Consultant agrees to hold harmless LPA and State from all claims and liability due to the error, omission or negligence of Consultant or those of Consultant's agents or employees in the performance of services under this Task Order. It is expected that in carrying out the work under this Task Order, Consultant will make various decisions and judgments and Consultant will determine what actions are required by Consultant and by others to properly complete the work. Nothing in this Task Order may be interpreted to relieve Consultant from any liability it would otherwise have to LPA or State in carrying out the work under this Task Order. 9.2 For the life of this Task Order, Consultant shall carry insurance as outlined in Exhibit "C", which is attached and hereby made a part of this Task Order. In any contract Consultant has with a subconsultant, Consultant shall require that the insurance requirements outlined in Exhibit "C" must be met by the subconsultant. SECTION 10. SECTIONS INCORPORATED BY REFERENCE 10.1 LPA and Consultant agree to be bound by and hereby incorporate by this reference as if fully set forth herein, Sections 11 and 12, 14 through 19, and 21 through 28 of the On-Call Professional Services Master Agreement (BK1557) between the Nebraska Department of Roads and Consultant, dated 12/23/2015. 10.2 LPA and Consultant agree to meet the requirements of all incorporated provisions and represent that by signing this Task Order, they expressly certify to any required certifications contained in those provisions. Although some of the provisions of the Master Agreement are incorporated herein by reference, it is understood that the State is not a party to this Task Order and has no obligations or duties under this Task Order, except for its duties acting on behalf of LPA. SECTION 11. CONSULTANT CERTIFICATIONS Project No. MAPA-5082(7) Page 7 of 9 Control No. 22681 Agreement No. BK1630 Major Omaha Resurfacing in Omaha ON-CALL PROFESSIONAL SERVICES TASK ORDER AGREEMENT 11.1 The undersigned duly authorized representative of Consultant, by signing this agreement, hereby reaffirms, under penalty of law, to the best of my knowledge and belief, the truth of the certifications set out in SECTION 29. CONSULTANT CERTIFICATIONS of the Master Agreement. 11.2 Neb. Rev. Stat. $ 81-1715(1). I certify compliance with the provisions of Section 81- 1715 and, to the extent that this Task Order is a lump sum, actual cost-maximum-not-to- exceed, or actual cost-plus-a-fixed fee professional service agreement, I hereby certify that wage rates and other factual unit costs supporting the fees in this Task Order are accurate, complete, and current as of the date of this Task Order. I agree that this Task Order price and any additions thereto shall be adjusted to exclude any significant sums by which the LPA determines the agreement price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. SECTION 12. LPA CERTIFICATION 12.1 By signing this Task Order, I do hereby certify that, to the best of my knowledge, Consultant or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Task Order to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay or agree to pay to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. 12.2 I acknowledge that this certification is to be furnished to the FHWA, upon their request, in connection with this Task Order involving participation of Federal-Aid highway funds and is subject to applicable state and federal laws, both criminal and civil. Project No. MAPA-5082(7) Page 8 of 9 Control No. 22681 Agreement No. BK1630 Major Omaha Resurfacing in Omaha ON-CALL PROFESSIONAL SERVICES TASK ORDER AGREEMENT SECTION 13. ENTIRE AGREEMENT The Master Agreement, all supplements thereto, and this Task Order Agreement constitute the entire agreement ("The Task Order Agreement") between the Parties. The Task Order Agreement supersedes all previous communications, representations, or other understandings, either oral or written; all terms and conditions of the Master Agreement and supplements thereto remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF, the Parties hereby execute this Agreement pursuant to lawful authority as of the date signed by each party. Further, the Parties, by signing this Agreement, attest and affirm the truth of each and every certification and representation set out herein. EXECUTED by Consultant this day of , 2016. ALFRED BENESCH & COMPANY Jeffrey A. Sockel Senior Vice President STATE OF NEBRASKA) )ss. DOUGLAS COUNTY ) SUBSCRIBED AND SWORN to before me this day of , 2016. Notary Public EXECUTED by the <LPA> this //744 day of aloe-, 2016. CITY OF OMAHA Jean Stothert ayor Subscribed and sworn to before me this //n'day of -', 2016 /a26-7472f.;--- e STATE OF NEBRASKA DEPARTMENT OF ROADS Form of Agreement Approved for Federal Funding Eligibility Greg Wood Assist Construction Engineer Date A."P x ED AS TO FC 1: Project No. MAPA-5082(7) `4' age 9 of 9 Control No. 22681 DEFTLY ctlireerninflklo. BK1630 Major Omaha Resurfacing in Omaha Exhibit"A" SCOPE OF SERVICES CONSTRUCTION ENGINEERING For Project Name: Major Street Resurfacing in Omaha Project Number: MAPA-5082(7) Control Number: 22681 A. PROJECT DESCRIPTION This scope provides for construction engineering services for construction inspection and providing quality assurance materials testing, plant inspection, and other services as requested in Douglas County, Nebraska. The project consists of the following improvements: cold planning of the existing road surface, resurfacing the milled surface with 2"of hot mix asphalt and adjusting manholes to match the new road surface. Alfred Benesch &Co., (CE Consultant)shall serve as agent for the City of Omaha Public Works Department, (LPA), representing the LPA in all matters related to construction engineering services for this project. It shall be the responsibility of the Consultant to administer, monitor, and inspect construction and to provide quality assurance materials testing, plant inspection, and other services as requested such that the project is constructed in conformity with the plans, specifications, and special provisions. The Consultant shall inspect the Contractor's work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the LPA and Department, and direct the Contractor to correct such observed discrepancies. B. APPLICABLE PUBLICATIONS Work shall be done in accordance with the following materials as currently adopted at the time of letting: 1. AASHTO Standard Specifications for Transportation Materials and Methods of Sampling and Testing 2. The ASTM Standards 3. NDOR Materials Sampling Guide 4. NDOR Construction Manual 5. NDOR Standard Specifications for Highway Construction 6. Project Plans 7. Contract Special Provisions 8. Manual on Uniform Traffic Control Devices(MUTCD) and NDOR's supplement to the MUTCD. 9. NDOR Final Review Manual 10. NDOR Standard Method of Tests for Laboratory and Field C. LPA SHALL PROVIDE The LPA,on an as needed basis, will furnish the following documents for the project. 1. Project description 2. Electronic Construction Plan files including current aerial photographs with project alignment, existing and new rights-of way(ROW)and easements, and LOC, if available 3. Two copies of the Plans and Special Provisions 4. Roadside safety guidelines(Survey Crew Traffic Control Policy, see NDOR website) 5. Survey Field Books with control points and bench marks 6. NEPA Document 7. Other These documents may be provided in either paper or electronic format. Project Number:MAPA-5082(7) Control Number:22681 Construction Engineering Services EXHIBIT"a° Page 1 of 12 D. CONSULTANT SHALL PROVIDE 1. Project Management and Coordination. This task includes activities to initiate and monitor project schedules,workload assignments and internal cost controls throughout the project. Also included are efforts to prepare and process invoices and monthly progress reports; prepare project correspondence with the LPA and/or NDOR; maintain project records; and perform other duties of the Project Manager as defined in the NDOR Standard Specifications for Highway Construction. 1.1 Project Management activities shall include the following: • Project Management—Provide management of project including staffing, scheduling, invoicing, progress reports,and coordination with designer. • Prepare Change Orders and submit copies to the appropriate parties for approval and full execution. • Maintain detailed Project Records and keep them current. All records shall be available at the LPA's office. • Generate contractors progress and final Estimates in Site Manager • Review Contractor's Construction Schedule • Coordinate with LPA and RC regarding all project activities. • Make entries of project data and diary information into Site Manager on a daily basis. Insure that inspectors and lab personnel are maintaining appropriate daily work reports and all material records. Project manager hours for project management shall be limited to 6%of the total hours for other tasks and personnel. 2. Meetings. Project staff will meet with the LPA,the Contractor, and NDOR when requested by the State,and prepare minutes of the meeting. For some projects, a public meeting may be held and the consultant's attendance may be required. 2.1 Construction Inspection Planning Meeting-The LPA shall coordinate this meeting prior to start of construction to ensure roles and responsibilities are clear. Attendees should include the LPA RC,construction inspection personnel and NDOR State Representative. 2.2 Pre-Construction Meeting-Prepare the agenda, attend, and distribute meeting notes. 2.3 Construction Progress Meetings-Prepare the agenda, attend,and conduct periodic progress meetings with the LPA and/or NDOR personnel, contractor, sub-contractors,utility personnel, and other agencies affected by the project. FHWA shall be included for full Federal oversight projects. There will be approximately 20 meetings. 2.4 Public Meeting(If Required)-Assist the LPA with scheduling and conducting a Public Meeting with Contractor and Residents prior to the start of project. 2.5 Assume 21 trips to the project site for meetings. 3. Traffic Control Plan. Consultant shall prepare a traffic control plan for the project site. These plan sheet(s)are to be signed by a Professional Engineer licensed in the State of Nebraska. Traffic Control plans shall be reviewed by the State Representative prior to placing in service(Owner will use checklist 12-72 to audit and document the Consultant's completion of this activity). Once the plans are completed,they are to be submitted to the Person of Responsible Charge(RC). 3.1 Prepare Traffic Control Plan in accordance to NDOR Standard Plans, MUTCD and the NDOR Supplement to the MUTCD. Sign and seal plans. 3.2 Review and approve Traffic Control Plan (If Completed by Contractor)for conformance to the Contract's Special Provisions. 3.3 Submit Plans to the RC for their records. - • • - .. _ 1 Project Number:MAPA-5082(7) Control Number:22681 Construction Engineering Services EXHIBIT"A" Page 2 of 12 6PA{Bquifements- • • �•L1l'1"1'1 1 111:.r 1 t,.J LL'1..AL:J4J....• - - .. _ ._ _. _ • - • • • • • • • `takes• • CORraetor. • • • • 64--Stake-silt-few*, 6. Construction Consultation/Site Mangy&Daily Work Report(DWR). Consultant shall contact RC/Designer as needed to obtain plan clarifications/Interpretations. Maintain and review project materials and promptly enter information into Site Manager. 6.1 Construction Consultation/SiteManager&Daily Work Report(DWR) • Review and Enter Data into SiteManager • Maintain Project Field Diaries, Files, and Record data in SiteManager • Document and Review Daily Work Reports(DWRs) • • -Jil'111 •��.:1]l-�'�_... • .L. • _ , .. _ • _ _ • _ - 1 • _. ._ • _ • 9. Construction Inspection. Consultant shall perform material sampling and testing and complete inspection work and project management in accordance with the references list in Section B of this Exhibit. Consultant shall assume the duties of"Inspector, (also referred to in the NDOR Construction Manual as"Construction Technician"), "Project Manager", and also"Engineer"(unless the context of use of the term"Engineer"would otherwise Project Number MAPA-5082(7) Control Number:22681 Construction Engineering Services EXHIBIT°a^ Page 3 of 12 require), as those terms are defined and duties set out in the Standard Specifications for Highway Construction. Consultant shall assume that it is responsible for all duties of the "Engineer"unless notified otherwise by RC on behalf of LPA. 9.1 Construction Inspection: Duties for construction inspection will include, but are not limited to,the following items: • Conduct wage rate interviews and review payrolls for correctness and Davis-Bacon Wage Rate compliance • Verify that the performance of the work is in conformance with the plans, specifications, and special provisions. • Conduct reviews for compliance with Disadvantaged Business Enterprise (DBE)commitments • The Consultant is required to create checklists to document assessment and compliance with all environmental commitments for the project. An Environmental Compliance Inspection Audit will be conducted by NDOR personnel. (NDOR will use checklist 12-20 to document the audit of the Consultant.) The environmental check list is to monitor and document construction activities for compliance with NEPA(Environmental Review Checklist, Section 404, NPDES, SWPPP,Threatened and Endangered Species,etc.) • NDOR will provide the Initial Threatened and Endangered Species surveys required as outlined in the conservation conditions; and follow up survey training for the Consultant's environmental inspection personnel. Follow-up surveys as may be required will be the responsibility of the Consultant. Any required surveys for compliance with the Migratory Bird Treaty Act will also be the responsibility of the Consultant. NDOR will not conduct these surveys. • The Consultant will provide NDOR 30 days advance notice of the need for the initial T&E surveys so that NDOR personnel can be scheduled to perform this work. • Review work zone traffic control devices daily and, at a minimum weekly interval,conduct a nighttime drive through review of temporary traffic control devices(per ATSSA Quality Standards for Work Zone Traffic Control Devices). Perform reflectivity check(DR form 481)of temporary devises at the start of construction activities and at six(6)month intervals or as conditions warrant. • Collect,sign/date,and file all delivery tickets and material certifications.All required material certifications shall be submitted to NDOR Materials& Research Division accompanied by a completed DR-12 sample ID form or Site Manager Sample Record ID. • Consultant shall forward shop drawings to the RC for review and approval by the design engineer. Shop drawing review is not part of the scope of services for this construction engineering agreement • Draft and review change order or time extension request including explanation of the issue and resolution and the justification for accepted prices and forward to RC. Once reviewed by NDOR and FHWA, proceed with the approval process. Forward a signed hardcopy to NDOR for further processing. • Communicate and coordinate plan revisions and change orders with the Designer. • Prepare a field checked culvert order list • Prepare guardrail order list • Generate periodic progress estimates using SiteManager and forward to RC for further approval. • Review critical path schedule prepared by the Contractor for appropriateness and Current Controlling Operation(CCO)designation. 9.2 Measure, calculate, and document quantities of pay items Project Number:MAPA•5082(7) Control Number:22681 Construction Engineering Services EXHIBIT"A" Page 4 of 12 9.3 Keep all records and data up-to-date so that all necessary information appears on the Weekly Report of Working Days when they are generated at mid-week. 9.4 Assume 276 trips to the site for construction inspection and an average of 10 hours per day for Construction Inspection. 10. Perform Material Sampling and Testing.The Consultant shall perform material testing as required in accordance with the references list in Section B of this Exhibit.All testing and sampling personnel shall be certified to perform these duties in accordance with the NDOR Materials Sampling Guide section 28. All non-NDOR Laboratories shall be pre-qualified by NDOR's Materials and Research Division to conduct the testing they are contracted to perform. NDOR SHALL PROVIDE: Typical testing done by NDOR Materials and Research's Central lab(sampling and delivery for these materials is done by Consultant and submitted to NDOR): All Aggregate • Quality and Soundness acceptance testing • Gradation verification testing PG Binders&Emulsions • All required acceptance testing All Steel Products • All testing required for heat number pre-approval and acceptance testing Chemical Lab • All required source pre-approval and acceptance testing Smoothness • NDOR will run all 10%verification testing for projects with Smoothness • Specifications for pavement. NDOR will perform bridge smoothness testing on bridges receiving pavement on either side of the bridge CONSULTANT SHALL PROVIDE: Vie; 4 10.1 Collect, verify,document and deliver all samples to testing lab 10.2 Collect,verify,document and deliver a copy of all required material certifications to the NDOR Materials and Research Central Lab. 10.3 Review and document test results of all samples and coordinate with owner for acceptance and incorporation into the project. 10.4 Assume_T_trips to the project site for Material Sampling and Testing. 11, As-Built Drawings. Prepare As-built drawings according to the LPA manual and the current directions from the NDOR Final Review Section. 11.1 As-Built Drawings 12. Final Inspections. Consultant shall prepare a punch list of items for the project site and conduct a final project walk-through inspection with the LPA RC and NDOR State Representative to verify that corrective work identified on the punch list has been completed. 12.1 Walkthrough of Site and Preparation of Punch List 12.2 Review Project to verify that Punch List work has been completed (Owner will use LPA Manual checklist 12-75 to audit and document the Consultant's completion of this activity) Project Number:MAPA-5082(7) Control Number. 22681 Construction Engineering Services EXHIBIT"A" Page 5 of 12 13. Project Closeout. Assist RC with compiling project construction records as requested. Assemble and transmit Final Construction Records to LPA RC in paper format(printed single sided), including: 13.1 Project Closeout activities shall include the following: • Project Manager's Final Estimate • Copy of Consultant PM's(representing LPA)Concurrence/Non- Concurrence Letter w/Certified Mail Receipt Enclosed. • Copy of Contractor's signed Concurrence/Non-Concurrence Letter • Memo of Major Item Review • Memo of Time Allowance Review(Required only if the Contractor has overrun on the Contract Time Allowance.) • Borrow Site Memo • City Agreement Letter • Project Completion Memo-The Consultant's PM should perform this in an e-mail to the NDOR Rep with the required information—check with the NDOR Rep for this. The Consultant should ensure that the LPA RC sends a letter of Tentative Acceptance(per NDOR format)to the Contractor—send copies to the NDOR Rep. • Sign Deduction Memo(If required) • Material Review Memo • SiteManager PM Diary Report • SiteManager Contract Item Report for all Contract Items • All NDOR Spreadsheets and Workbooks used for Contract Item supportive documentation. • All Contractor-provided Asphalt QA/QC Test Results(asphalt projects) • Project Culvert Field Book with information per the NDOR Construction Manual • Signed and stamped As Built Plans(full size) • Copy of Evaluation(s)of Contractor • LPA CE Project Closeout Checklist(LPA Manual Checklist 14-10) • Deliver Final Construction Records to LPA RC, including Form DR-299- Project Construction Conformity Certification and ensure that the LPA RC completes the LPA RC Project Closeout Checklist(LPA Manual checklist 14-20 and includes it in the Final Records provided to the NDOR State Representative for review) 14. fir. (Additional project specific tasks may be added here) 14.1 Audits—The Consultant shall provide any support to the LPA regarding any NDOR or FHWA audits performed during the contract time period 14.2 Other E. SCHEDULE The LPA will provide the Notice to Proceed for CE services a minimum of fourteen (14)calendar days prior to the start of work by the Contractor. Upon request, the Consultant shall provide a schedule of activities and deliverables within two(2)calendar days of receiving the Notice to Proceed. Project Number'MAPA-5082(7) Control Number:22681 Construction Engineering Services EXHIBIT"A" Page 6 of 12 j`.t . Project Nan.: 2016 MAPA Resurfacing,Omaha Project Number. MAPA40S217) Control Number. 229s1 Location(City,County): Omaha,Douglas Finn Name: Aland Beneach&Company Consultant Project Manager Tun Mayan b e n e 5 c h Phone/Email: (402)41641837-toblyandlbeneech.com LPA Re:ponsae Charge: Michael Klatiner PhonelEmail: 402-444-5109/ - �,: . ..1. ,. .•.,• NDOR Project Coordinator. 'ri ` ; ': • Phone/Email: �- 0 Date: �-,- g w wry, �;1.��1;r' 506 „-- -" • 45 ` ,kri 874 L...20 a• i♦G1" ••Technician immi Ei.� 'y tea, cl❑�•r�.TI .�:►., 4.00 4)*At tie; I I •...:.• 2 Mal I .: 1 1002 2 . 0 Wittig-. --' 15.10 •'�r'xs•< iT'� max.,, t6 .' Overhead Rate*: 158.80% Fee for Profit Rate*: 12.00% "Enter fimrs most recent Audited Overhead Rate,and Fee for Profit Rate calculated from the NDOR Fixed Fee Worksheet(evadable on the NDOR website). CLASSIFICATIONS": PR = Principal DES = Designer/CADD Technician INSP 1 = Inspector 1 PM = Project Manager SCC = Survey Crew Chief ADM = Administravtive ENG = Engineer SCM = Survey Crew Member LAB = Testing Technician RPC = Resident Project Coordinator INSP 2 = Inspector 2 "For User-Defined Classifications,you will need to edit the Classifications Legend located above. To enter a new claamlcatton,replace'UD1"with its abbreviation(ex.GRA)and replace'User Defined 1'with the can.spom ,g title(ex.Graphic Artist).Once the user-definitions are added,they win self- populate in the Labor Costs Table,as well as the remaining sheets. Blended Rabe Table Jeff Sockel1 PE Senior t Mat r 7.50 100% • Project Manager Tim Gillen PE Senior P 54.50 100% .. —• ,.YL..,- , <;-' _ ,, . . ... e ' +:i'4,.:4•M`.. `w ,. `:%e a ‘ _,aye x. ar'c;` ._ ", . Engineer Tim O'Bryan,PE Senior Protect Manager 554.50 25% Chris PE OMign r l 75% .__ .,_ ..,,,- ..z,,,...,= � a'=�<: tea,. _;,. � ��s �: .,, �. � ,. yv. faro:`. , Resident Project Coordinator Ben Janitor ..x_" A._. III 20 100% ;_>; i;Id7 v t £ -.. i i,, a -:. .g-.'k 't-� '+ h:t n•- :A^n• '- . • DesignertCADD Technician Trraayyy a' T „ II ,.t*r • 4.00 100% .-_ �� P� . "" a `�� fienaa _ .t.,._1. i..,, ..,, .., •�� , a:., ., . ;'e sr '�= .. f Survey Crew Chief Joe I-teas Surveyor $21.30 50% • Smith a .� I .50 50% Survey Crew Member i Alex t . x.... . 1 .00 1 r.% cq„ t ` „.t, fir$1'*_ = r - _. s ` s 5b4 ��F' s' 'z '•;' r' c • • Ir .stir, .R:c"-,-4•-r•-:-.:_.;•4..a ' ,-., > -r _.. afi",, > _ �.. - : d; , eery- zfi ' 'Ef,..ai " Inspector 2 Ir' Sean Schrader Conetrr(gon Rtlpnt $nivs I $23,50 25% _Dave Smith � I $24.50 25% Andravwr Fi ry.amp I $23.00 25% Branton Schmft Cpntrutselt I '"�'.0 lWr % Inspector 1 Mark Tmnger Technologist I $19.50 20% Noah Hawkins Fi ki Technician 1 $14.00 40% Colin Petri Field Technician 1 -_81 .00 4Q% Adminietrevtive �nSM tithe: it6.10 Dianne Bruckner 00 t u r x ,. u 1 1 Testing Technician Mark Tleingsr Teohnoipajst I $19.50 40% , z . 00 80% '1wlw ,• f ,,.. ; 'Input actual employee classification as designated by fun.Also enter in any certifications that employee holds. ConsultionleAstispgagaittlioatarogirrglioilsoaErMsgarrawassirceflon category.iron person in dessiecahon,list them as 100%for %Assigned" Staffing Plan EXHIBIT"A" Page 7 of 12 ArttAft Project Name: 2016 MAPA Resurfacing,Omaha Project Number, NAPA.10182(7) Control Number. taw Location(City,County): Omaha,Douglas Firm Name: Alfred Esnesch&Company Consultant Project Manager: Tim O'Bryan Phone/Email: (402)011493T-tobrys96bunesc i.03m + ben e s c h LPA Responsible Charge: Michael KlNhisr PhonslEmall: 402-444-5109/rnichael.kleffnengicityolornansorn NDOR Project Coordinator. PhonelEmall: Date: -i•- - �� t AVAVIUMENN � • •n Ira WE LIL'" ._ < °- a ,1shy v:a. ,+ctc"z 3 .s11.ze8 - a 11111111111111.1.1t111 MN INN IIMIM MEI MEI 11• NMI • MIN 4. OW MIN ..._ •Wbpaheet enter hours in•. Calls _,� --: r sue' iii MTV osmtiggn 9.3 and L • of WDs °. �o ITT . Mi7iiT7 -_. .0 •�._u.y � .�.._b'�.:.i•lab , 10.3 11111atrMfi.=Irr ..rtr ill-2'..,.r'' j✓'..-, 7.,—,00111.1.11111111 ' • 1''K .."dt..r. r 4°,�`•+ta s,.fi j,e a ^ si. --,., k%" OOP Mr" ...........mmmilinuotaininmimomminuLaniiismino lag iev � � .. Er 13.1 Closeout r.- - fit w,x ,v "> Consultant's Independent Cost Estimate for CE Services Estimate of Hours EXHIBIT"A" Page 8 of 12 44t ty> , Project Name: 2016 MAPA Resurfacing, Omaha Project Number: MAPA-1012(7) Control Number: 22481 Location(City,County): Omaha,Douglas Firm Name: Alfred Benesch&Company Consultant Project Manager: Tim O'Bryan 4111 Phone/Email: (402)-81e-6837-tobryan©b.nesch•c«„ b e n e s c h LPA Responsible Charge: Michael Kleffner Phone/Email: 402-444-5109/michaelklaffnerflcityofornaha.org NDOR Project Coordinator: Phone/Email: Date: 4,34,3415045/111111 z1111111111 PM-44 • t a. • i a Public ,and•.i.. •x '.1r .'1111 tfr v y F43, -.d, .... ( ,, y . . Consultant's Independent Cost Estimate for CE Services Direct Expenses EXHIBIT"A" Page 9 of 12 Project Name: 2016 MAPA Resurfacing, Omaha Project Number: MAPA-5012(7) Control Number: 221181 Location(City,County): Omaha,Douglas Firm Name: Alfred Beneath&Company Consultant Project Manager. Tim O'Bryan r be n e s c h Phone/Email: (402)•818.8837-tobryan®benesch,c om LPA Responsible Charge: Michael Kleftner Phone/Email: 402-444-5109/mithael.k$effneragtyofomaha.org NDOR Project Coordinator: Phone/Email: Date: rK r .r"'' 314 $17,113.00 $27141.22 $5310.51 2 Mead • 88 $3,702.50 $5 872.17 $1 148.98 3. Traffic Control Plan 7 $229.19 $383.50 $71.12 318 $12179.40 $19,318.53 $3,779.51 8 Perform • CslauUtlons �� 9 Ins 3 541 $78 508.10 $124,513.85 $24 382.83 10 Perform Material 1 and Testi • 878 $19171.00 $30 405.21 $5 949.15 far 11. As-BuIlt . 108 $2 877.08 $4,245.82 $830.75 7.10111 20 $604.00 $957.94 $187.43 -.. 13. P • Closeout 244 $8 955.60 $11 031.58 $2,158.48 14 Other 28 $995.20 $1,578.39 $308.83 rani Dksct Consultants Independent Cost Estimate for CE Services Cost by Task EXHIBIT"A" Page 10 of 12 „ Project Name: 2016 MAPA Resurfacing, Omaha Project Number: MAPA-5012(7) Control Number. 22001 Location(City,County): Omaha,Douglas Finn Name: Alfred Beneath&Company Consultant Project Manager. Tim O'Bryan 411 Phone/Email: (402)-616-6837-tobry .c om be n e s c h LPA Responsible Charge: Michael Kleffner Phone/Email: 402-444-5109/michael.kleffneracityofomaha.org NDOR Project Coordinator. Phone/Email: Date: Pri i ,7.50 ,. 45 �u�t� / ,7a 874 11111171r11111101evita .00 �c Su - Crew Member I 2 2192 r `tea ,. 1 1002 15.10 ,T; Adminisfravtive 16 19.00 T •Technician 907 21.80 fit Pre •and - - .. ..j. Costs M ` ravel O.: T i t IW ': Other Mi ` • Casts Direct LabOr Coats ti Overhebd 158.80% Total Labor • Fee for Profit Rate @ 12.00% eittflat Direct Expenses fProklii � �.w. . ,. Consultants Independent Cost Estimate for CE Services Project Cost EXHIBIT"A” Page 11 of 12 CONTRACT NO.:2681Y PROJECT NO.:MAPA-8082(7) TOS a TEST OR SAMPLE CONTRACTOR: CC=CONTRACTOR CERTIFICATION LOCATION:RESURFACING PROJECT,OMAHA COC=CERTIFICATION OF COMPLIANCE TYPE OF CONSTR.:BITUMINOUS COT=CERTIFICATION OF TEST APL=APPROVED PRODUCTS LIST LETTING DATE:JUNE 23,2016 PMV■PROJECT MANAGER VERIFICATION NOTE:ALL MANUFACTURERS OF STEEL AND IRON SR a SHIPPING REPORT MATERIALS WILL INCLUDE A STATEMENT ON THE TEST REPORT OR CERTIFICATION THAT ALL STEEL AND IRON MATERIALS WERE MELTED AND MANUFACTURED IN THE USA SP=SPECIAL PROVISIONS-PAGE It NES-106.07 PARAGRAPH 3) =SAMPLIG GUIDE-SECTION S NSS a NEBR.STAND.SPECS.-SECTION S Line Line Item Description Quantity Units Item MiR Rea.Data Ref.Into Contact 3 CONCRETE PAVEMENT REPAIR,TYPE A,FULL DEPTH 1,187,000 SY TOS SP-116 KRASON 4 CONCRETE PAVEMENT REPAIR,TYPE B,FULL DEPTH 396.000 SY TOS SP-116 KRASON 5 CONCRETE PAVEMENT REPAIR,TYPE C,FULL DEPTH 396.000 SY TOS SP-116 KRASON TIE BARS TOS/COT SP-116 KAREL DOWEL BARS TOS/COT SP-116 KAREL GROUT/EPDXY RESIN BONDING SYSTEM APL SP-116 KRASON 6 CAST IRON RING AND COVER 17,530.000 LB COC SG-25 KAREL 7 RECONSTRUCT INLET 22.000 EACH TOS 8 ADJUST GRATE INLET TO GRADE SG-16 KRASON 73.000 EACH TOS SG-16 KRASON 9 ADJUST MANHOLE TO GRADE 141.000 EACH TOS 16 KRASON 10 CURB INLET SEDIMENT FILTERSG1 3,580.000 LF APL SP-124DONDLI 11 ADJUSTUTILITY MANHOLE TO GRADE NGER KRASON 12 5"WHITE PREFORMED PAVEMENT MARKING,TYPE 4 13,280.000 LF APL NDLINGER 13 5"YELLOW PREFORMED PAVEMENT MARKING,TYPE 4 64,069.000 LF API SGSG-23 DONDLINGER-23 DO 14 HYDRATED LIME/WARM MIX ASPHALT 27,270.000 EACH COC/APL SP-140/201 DONDLINGER 15 ASPHALTIC CONCRETE,TYPE SPR 10,230.000 TON TOS SP-179 REA 16 ASPHALTIC CONCRETE,TYPE SPR(FINE) 1,890.000 TON TOS SP-179 REA 17 ASPHALTIC CONCRETE,TYPE SPH(0.375) 15,030.000 TON TOS SP-179 REA 19 ASPHALTIC CONCRETE FOR PATCHING,TYPE SPR 60.000 TON TOS SP-179 REA 20 ASPHALTIC CONCRETE FOR PATCHING,TYPE SPH(0.375) 60.000 TON TOS SP-179 REA 21 PERFORMANCE GRADED BINDER(70-34) 571.140 TON TOS SP-131 BYRE 22 PERFORMANCE GRADED BINDER(64-34) 414.460 TON TOS SP-131 BYRE 23 TACK COAT 35,930.000 GAL TOS SP-107 BYRE 27 BARRICADE,TYPE II 18,642.000 BDAY 28 BARRICADE,TYPE III 2,551.000 BDAY BARRICADE WARNING LIGHTS APL SG-23 KAREL BARRICADE REFLECTIVE SHEETING TOS SG-23 DONDLINGER 31 TEMPORARY PAVEMENT MARKING,TYPE PAINT 34,090.000 LF APL NSS422 DONDLINGER 41 TEMPORARY SILT CHECK 250.000 LF APL SP-126 DONDLINGER BUY AMERICA CERTIFICATION(PRIME CONTRACTOR) CC SP-74 KAREL EXHIBIT"A" Page 12 of 12 EXHIBIT"B" FEES AND PAYMENTS Template T-EXH-1 CPFF/LS(rev 3-28-16) 1. PAYMENT METHOD Payments under this Agreement will be made based on a Cost Plus Fixed Fee for Profit (CPFF) payment method. Consultant will be paid for acceptable actual services performed plus a fixed fee for profit in accordance with Section 4. PAYMENTS. 2. TOTAL AGREEMENT AMOUNT For completion of the services as outlined in this Agreement, Consultant will be paid up to the following amounts: $382,049.24 for actual services performed and direct expenses. $ 44,107.35 for a fixed fee for profit $426,156.59 total agreement amount. Consultant's total compensation shall not exceed this maximum amount without prior written approval of State. 3. FIXED FEE FOR PROFIT The fixed fee for profit is computed upon the negotiated direct labor and overhead costs. The fixed fee for profit is not allowable upon direct non-labor costs. For each invoicing period, the fixed fee for profit is calculated by multiplying the sum of the actual direct labor and overhead costs invoiced by the negotiated fee for profit rate of 12.00%. Upon completion of the services outlined in this Agreement, the Consultant may invoice the State any remaining fixed fee for profit not previously invoiced, up to the maximum fixed fee for profit of$44,107.35. The total fixed fee for profit eligible to be paid to consultant does not vary with actual costs, but may be increased or decreased as a result of scope changes in the agreement. If all of the services under this agreement are not completed for any reason, the fixed fee for profit may be adjusted based on the State's determination of the actual percentage of services completed. 4. ALLOWABLE COSTS Payment for Services under this Agreement will be made based on the payment method identified in Section 1. PAYMENT METHOD, up to the maximum amount identified in Section 2. TOTAL AGREEMENT AMOUNT. Allowable costs include direct labor costs, Subconsultant costs, and other direct non-labor costs, and overhead costs. A. Hourly Rates: For hourly employees, the hourly earnings rate shall be the employee's straight time hourly rate for the pay period in which the work was performed. If overtime hours are worked on this project, the premium pay portion of those hours is not allowable as a direct labor cost. For salaried employees, the hourly earnings rate shall be their actual hourly rate as recorded in the Consultant's accounting books of record. 1) Time reports: The hours charged to the project must be supported by adequate time distribution records that clearly indicate the distribution of hours to all projects/activities on a daily basis for the entire pay period. Time reports must provide a clear identifying link to the projects: such as project description, project number, pertinent work phase, dates of service, and the individual's name and position. There must be an adequate system of internal controls in place to ensure that time charges are correct and have the appropriate supervisory approval. B. Direct Non-Labor Costs: These costs include all necessary, actual, properly documented, and allowable costs related to the Consultant completing the Services. All Project No. MAPA-5082(7) Sheet 1 of 7 Control No. 22681 Agreement No. BK1630 EXHIBIT"B" FEES AND PAYMENTS costs must be supported by detailed receipts or invoices. Direct non-labor costs include, but are not limited to, the following: Transportation, mileage, lodging, and meals, subject to limitations specified below; Communication costs; Reproduction and printing costs; Special equipment and materials required for the project and approved by LPA; Special insurance premiums if required solely for this Agreement; Subconsultant costs(includes Subconsultant's wages and direct non-labor costs); Such other allowable items as approved by LPA. 1) A non-labor cost charged as a direct cost cannot be included in Consultant's overhead rate. If for reasons of practicality, Consultant is treating a direct non-labor cost category, in its entirety, as an overhead cost, then costs from that category are not eligible to be billed to this project as a direct expense. (2) Subconsultant costs may not exceed the costs shown on the attached Consultant's Fee Proposal for each Subconsultant unless agreed upon by the Consultant and LPA. Subconsultant costs (wages and direct non-labor costs) must have the same level of documentation as required for Consultant. 3) The following direct non-labor costs will be reimbursed at actual costs, not to exceed the rates as shown below. a) TRANSPORTATION —Automobile rentals, air fares, and taxi/shuttle transportation will be actual reasonable cost and if discounts are applicable, the Consultant shall give LPA the benefit of all discounts. Receipts must be submitted with invoices. b) MILEAGE—The reimbursement for mileage associated with the use of company owned vehicles will be the prevailing standard rate as established by the Internal Revenue Service (IRS) through its Revenue Procedures. Reimbursement for mileage associated with the use of a privately owned vehicle (POV), is limited to the lesser of: (i) The mileage rate that the Consultant reimbursed to the person who submitted the claim for POV use, or (ii) The prevailing standard rate as established by the IRS. c) LODGING —The reimbursement for lodging rates will be limited to the prevailing standard rate as indicated on the U.S. General Services Administration's (GSA) website at http://www.asa.gov/portal/category/100120. Consultant shall give LPA the benefit of all lodging discounts. Receipts must be submitted with invoices. d) MEALS —The reimbursement for meals will be limited to the prevailing standard rate as indicated on the GSA website noted above. Expenses for alcoholic beverages are not allowed. Consultant shall give LPA the benefit of all meal discounts. (i) For Consultant and its employees to be eligible for the meal allowance, the following criteria must be met. Breakfast: • Employee is required to depart at or before 6:30 a.m., or • Employee is on overnight travel. Lunch: Project No. MAPA-5082(7) Sheet 2 of 7 Control No. 22681 Agreement No. BK1630 EXHIBIT"B" FEES AND PAYMENTS • Employee must be on overnight travel. No reimbursement for same day travel. • Employee is required to leave for overnight travel at or before 11:00 a.m., or • Employee returns from overnight travel at or after 2:00 p.m. Dinner: • Employee leaves for overnight travel at or before 5:00 p.m, or • Employee returns from overnight travel or work location at or after 7:00 p.m., or • Employee is on overnight travel. (ii) Meals are not eligible for reimbursement if the employee eats within 20 miles of the headquarters town of the employee. (iii) Meal receipts must itemize all food and drink purchased. A credit card receipt alone is not sufficient documentation. (iv) Reimbursement for meal gratuities/tips will be whatever is usual, or customary, but will not exceed 20 percent. C) Overhead Costs include indirect labor costs, indirect non-labor costs, and direct labor additives that are allowable in accordance with Federal Acquisition Regulations 48 CFR 31 (Contract Cost Principles and Procedures). Overhead costs are to be allocated to the project as a percentage of direct labor costs. The Consultant will be allowed to charge the project using its actual allowable overhead rate. Overhead rate increases that occur during the project period will not be cause for an increase in the maximum amount established in this agreement. 5. INVOICES AND PROGRESS REPORTS A. Consultant shall promptly submit invoices to LPA, no more frequently than monthly. Invoices must present actual direct labor, Subconsultant costs and other direct non- labor costs, and actual overhead, as well as the Fee for Profit based upon the actual direct labor and overhead costs billed for that period. State law may prohibit the payment of an invoice that includes charges for services rendered more than two (2) years prior to State's receipt of the invoice. 1) The first page of an invoice must have an invoice number, invoice date, and an invoicing period (beginning date and ending date of services. 2) The invoices must identify each employee by name and classification, the hours worked, and the acutal labor cost for each employee. 3) Direct non-labor expenses: i, Direct non-labor expenses, other than travel-related expenses, must be itemized and provide a complete description of each item billed with supporting receipts or invoices. ii. Travel-related expenses must be summarized and submitted on DR Form 163 (see below). Supporting receipts, except meal receipts, must be submitted with DR Form 163 when invoicing for these expenses. All supporting receipts, including meal receipts, must be kept as required in Section 16. CONSULTANT COST RECORD RETENTION. State or LPA may request submittal of meal receipts for auditing purposes during invoicing. Project No. MAPA-5082(7) Sheet 3 of 7 Control No. 22681 Agreement No. BK1630 EXHIBIT "B" FEES AND PAYMENTS 4) Subconsultant Services: Consultant shall require subconsultants to provide the same supporting documentation, invoices, and receipts as Consultant is required to retain and submit. B. Each invoice must include a completed "Cost Breakdown Form" (DR Form 162) and, if invoice also contains any travel-related expenses, a completed "Invoice Travel Log" (DR Form 163). Both documents are available on the Department of Roads' website at htto://www.transportation.nebraska.aov/rfp/ . Upon approval by State, Consultant my use a substitute Invoice Travel Log provided it documents substantially the same information as DR Form 163. 1) Travel Log must document the employee name, locations traveled, date/time of departure to the project, date/time of return to the headquarters town, and expenses for transportation, meals, and lodging. C. Progress Reports must accompany the invoice and document Consultant's work during the service period. If an invoice is not submitted monthly, a Progress Report must be submitted at least quarterly, either with an invoice or, if Consultant does not submit an invoice, via email to LPA and State's Project Coordinator. Progress Report must include, but is not limited to, the following: 1) A description of the Services completed for the service period to substantiate the invoiced amount. 2) A description of the Services anticipated for the next service period 3) Listing of information Consultant determines is needed from LPA 4) Percent of Services completed to date D. All invoice packages (invoice, progress report, required DR Forms, supporting material) must be submitted electronically through State's invoice workflow system OnBase, for review, approval, and payment. The user guide for the OnBase system along with training videos can be found at http://www.transportation.nebraska.gov/mat-n- tests/on base/obi nfo.htm I. 6. PROGRESS PAYMENTS State, on LPA's behalf, will pay Consultant upon receipt of Consultant's invoice and determination by LPA and State that the invoice and progress report adequately substantiate the Services provided, and the Services were completed in accordance with this Agreement. Payments will not be made if the progress report does not provide adequate substantiation for the Services or LPA or State determines that the Services have not been properly completed. State, on LPA's behalf, will make a reasonable effort to pay Consultant within 30 days of receipt of Consultant's invoices. 7. SUSPENSION OF PAYMENTS When work is suspended on this project, payments shall be suspended until the work resumes or this Agreement is terminated. Consultant shall not be compensated for any work completed or costs incurred on the project after the date of suspension. When work is suspended for convenience, Consultant shall be compensated for work completed or costs incurred prior to the date of suspension. When work is suspended for cause, payments shall be withheld until all remedial action is completed by Consultant to the satisfaction of LPA and State, at Consultant's sole cost. Project No. MAPA-5082(7) Sheet 4 of 7 Control No. 22681 Agreement No. BK1630 EXHIBIT"B" FEES AND PAYMENTS 8. FINAL INVOICE AND PAYMENT Upon completion of the Services under this Agreement, Consultant shall submit their final invoice. Consultant shall review the overhead costs billed to-date to determine if the overhead rates used on the progress billings match the actual allowable rate applicable to the time period that the labor was incurred. If cost adjustments are necessary, it should be reflected on the final invoice. If a particular year's actual overhead has not yet been computed or approved by State, the most recent year's accepted rate should be applied. Upon receipt of final invoice and determination by LPA and State that the invoice and Progress Report adequately substantiate the Services provided and the Services were completed in accordance with this Agreement, State, on LPA's behalf, will pay Consultant. The acceptance by Consultant of the final payment will constitute and operate as a release to LPA and State for all claims and liability to Consultant, its representatives, and assigns, for any and all things done, furnished, or relating to the Services rendered by or in connection with this Agreement or any part thereof. 9. AGREEMENT CLOSE-OUT Upon submitting its final invoice, the Consultant must complete and submit to the LPA a Notification of Completion Form (DR Form 39). The form is available on the Department of Roads' website at http://www.transportation.nebraska.gov/rfp/ and must be submitted electronically in accordance with the instructions on the form. 10. INELIGIBLE COSTS LPA is not responsible for costs incurred prior to the Notice to Proceed date or after the completion deadline date set out in SECTION 6. NOTICE TO PROCEED AND COMPLETION SCHEDULE of this Agreement or as approved in writing by LPA. 11. FEDERAL COST PRINCIPLES LPA will not make payments directly to Consultant for services performed under this agreement. Instead, the State will serve as a paying agent for LPA, and will pay Consultant directly for properly submitted and approved invoices using both LPA and Federal funds based on the applicable project federal cost participation percentage. The following process shall apply whenever the LPA, the State or the FHWA determines that certain costs, previously paid to Consultant, should not have been paid with federal funds by the State to Consultant. Consultant shall immediately repay the State the federal share of the previously paid amount and may invoice LPA for the costs repaid to the State. LPA shall promptly pay the full amount of the invoice from its own funds unless LPA, in good faith, disputes whether the Consultant is entitled to the payment under the agreement or the amount of the invoice. In the event of a dispute between LPA and Consultant, the dispute resolution process of Section 18 herein shall be used by the parties. For performance of Services as specified in this Agreement, State, on LPA's behalf, will pay Consultant subject to the terms of this Agreement and all requirements and limitations of the federal cost principles contained in the Federal Acquisition Regulations 48 CFR 31 (Contract Cost Principles and Procedures). 12. SUBCONSULTANT OVER-RUNS AND UNDER-RUNS Consultant shall require any Subconsultant to notify Consultant if at any time the Subconsultant determines that its costs will exceed its negotiated fee estimate (over-run). Consultant shall not allow any Subconsultant costs to over-run without prior written Project No. MAPA-5082(7) Sheet 5 of 7 Control No. 22681 Agreement No. BK1630 EXHIBIT "B" FEES AND PAYMENTS approval of the LPA. Consultant understands that the amount of any Subconsultant cost under-run will be subtracted from the total compensation to be paid to Consultant under this Agreement, unless prior written approval is obtained from LPA and, when applicable, Federal Highway Administration (FHWA). 13. OUT-OF-SCOPE SERVICES AND CONSULTANT WORK ORDERS LPA may request that Consultant provide Services that, in the opinion of Consultant, are in addition to or different from those set out in the Scope of Services. When LPA decides that these Services may require an adjustment in costs, Consultant shall provide in writing: A. A description of the proposed services, B. An explanation of why Consultant believes that the proposed services are not within the original Scope of Services and additional work effort is required, C. An estimate of the cost to complete the Services. Consultant must receive written approval from LPA before proceeding with the Out-of-Scope Services. Before written approval will be given by LPA, LPA must determine that the situation meets the following criteria: A. The proposed services are not within the original Scope of Services and additional work effort is required; B. The proposed services are within the scope of the Request for Proposal under which Consultant was selected and Agreement entered into; and C. It is in the best interest of LPA that the proposed services be performed under this Agreement. Once the need for a modification has been established, the State, on LPA's behalf, will prepare a supplemental agreement. If the additional work requires the Consultant to incur costs prior to execution of a supplemental agreement, the LPA may issue a written notice to proceed prior to completing the supplemental agreement (for non-Federal aid projects) or shall use the process set out below (for Federal aid PE projects): The Consultant Work Order(CWO)— DR Form 251 shall be used to describe and provide necessary justification for the additional scope of services, effort, the deliverables, modification of schedule, and to document the cost of additional services. The CWO form is available on the Department of Roads' website at http://www.transoortation.nebraska.gov/rfp/. The CWO must be executed to provide authorization for the additional work and to specify when that work may begin. The agreement will be supplemented after one or more CWOs have been authorized and approved for funding. 14. TERMINATION COST ADJUSTMENT If the Agreement is terminated prior to project completion, State and LPA will compare the percentage of work actually completed by Consultant, to the total amount of work contemplated by this Agreement. This comparison will result in a payment by the State, on LPA's behalf, for any underpayment, no adjustment, or a billing to Consultant for overpayment. The State's final audit may result in an additional cost adjustment. 15. AUDIT AND FINAL COST ADJUSTMENT Upon LPA's and State's determination that Consultant has completed Services under this Agreement, State, or its authorized representative, may complete an audit review of the payments made under this Agreement. The Parties understand that the audit may require Project No. MAPA-5082(7) Sheet 6 of 7 Control No. 22681 Agreement No. BK1630 EXHIBIT "B" FEES AND PAYMENTS an adjustment of the payments made under this Agreement. Consultant agrees to reimburse State for any overpayments identified in the audit review, and State agrees to pay Consultant for any identified underpayments. 16. CONSULTANT COST RECORD RETENTION Consultant shall maintain all books, documents, papers, detailed receipts, accounting records, and other evidence pertaining to costs incurred and shall make such material available for examination at its office at all reasonable times during the agreement period and for three (3) years from the date of final cost settlement by FHWA and project closeout by the State. Such materials must be available for inspection by the State, FHWA, or any authorized representative of the federal government, and when requested, Consultant shall furnish copies. Project No. MAPA-5082(7) Sheet 7 of 7 Control No. 22681 Agreement No. BK1630 0 0 • EXHIBIT"C" INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE PROVIDORS (LPA PROJECTS) Template T-EXH-13A(rev 6-23-15) A. Consultant agrees to: (1) Make a detailed review of its existing insurance coverage, (2) Compare that coverage to the expected scope of the work under this Agreement, (3) Obtain the insurance coverage that it deems necessary to fully protect Consultant from loss associated with the work. Also, Consultant shall have at a minimum the insurance described below: B. General Liability— (1) Limits of at least: a. $ 1,000,000 Per Occurrence b. $ 2,000,000 General Aggregate c. $ 2,000,000 Completed Operations Aggregate (if applicable) d. $ 1,000,000 Personal/Advertising Injury (2) Consultant shall be responsible for the payment of any deductibles. (3) Coverage shall be provided by a standard form Commercial General Liability Policy covering bodily injury, property damage including loss of use, and personal injury. (4) General Aggregate to apply on a Per Project Basis. (5) LPA and the State of Nebraska, Department of Roads ("State") shall be named as Additional Insureds on a primary and non-contributory basis including completed operations (the completed work/product)for three (3) years after the work/product is complete. (6) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of subrogation in favor of LPA and State shall be added to, or included in, the policy. (7) Contractual liability coverage shall be on a broad form basis and shall not be amended by any limiting endorsements. (8) If work is being done near a railroad track, the 50' railroad right of way exclusion must be deleted. (9) In the event that this contract provides for consultant to construct, reconstruct or produce a completed product, products and completed operations coverage in the amount provided above shall be maintained for the duration of the work, and shall be further maintained for a minimum period of five (5) years after final acceptance and payment. (10) Policy shall not contain a total or absolute pollution exclusion. Coverage shall be provided for pollution exposures arising from products and completed operations (as per standard CG0001 Pollution Exclusion or equivalent). (If the standard pollution exclusion as provided by CG0001 has been amended, please refer to the following section entitled "Pollution Coverage.") C. Pollution Coverage— (1) In the event that the standard pollution exclusion as provided by CG0001 has been amended, coverage may be substituted with a separate Pollution Liability policy or a Professional Liability policy that includes pollution coverage in the amount of $1,000,000 per occurrence or claim, and $1,000,000 aggregate. Project No. MAPA-5082(7) Sheet 1 of 3 Control No. 22681 Agreement No. BK1630 EXHIBIT"C" INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE PROVIDORS (LPA PROJECTS) (2) If coverage is provided by a "claims made" form, coverage will be maintained for three years after project completion. Any applicable deductible is the responsibility of Consultant. D. Automobile Liability— (1) Limits of at least: a. $ 1,000,000 CSL Per Accident (2) Coverage shall apply to all Owned, Hired, and Non-Owned Autos. (3) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of Subrogation in favor of LPA and State, shall be added to the policy. E. Workers' Compensation — (1) Limits: Statutory coverage for the State where the project is located. (2) Employer's Liability limits: a. $100,000 Each Accident b. $100,000 Disease— Per Person c. $500,000 Disease— Policy Limit (3) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of subrogation in favor of LPA and State must be added to, or included in, the policy F. Professional Liability— (1) Limits of at least: a. $ 1,000,000 Per Claim b. $ 1,000,000 Annual Aggregate (2) Coverage shall be provided for three years after work/project completion. G. Electronic Data and Valuable Papers— (1) Limits of at least: a. $100,000 Electronic Data Processing Data and Media b. $25,000 Valuable Papers H. Umbrella/Excess— (1) Limits of at least: a. $ 1,000,000 Per Occurrence b. $ 1,000,000 Annual Aggregate (2) Policy shall provide liability coverage in excess of the specified Employers Liability, Commercial General Liability and Auto Liability. (3) LPA and State shall be "Additional Insureds". (4) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of subrogation in favor of LPA and State shall be provided. I. Additional Requirements— (1) If any of the work is sublet, equivalent insurance shall be provided by or on behalf of the subconsultant or subconsultants (at any tier). Project No. MAPA-5082(7) Sheet 2 of 3 Control No. 22681 Agreement No. BK1630 EXHIBIT"C" INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE PROVIDORS (LPA PROJECTS) (2) Any insurance policy shall be written by an insurance company with a Best's Insurance Guide Rating of A—VII or better. (3) Prior to consultant beginning work on a project under this agreement, Consultant shall provide LPA and State evidence of such insurance coverage in effect in the form of an Accord (or equivalent) certificate of insurance executed by a licensed representative of the participating insurer(s). Certificates of insurance must show the LPA and State as the certificate holders. (4) For so long as insurance coverage is required under this agreement, Consultant shall notify LPA and State when Consultant knows, or has reason to believe, that any insurance coverage required under this agreement will lapse, or may be canceled or terminated. Consultant must forward any pertinent notice of cancelation or termination to LPA and State by mail to the address listed below(return receipt requested), hand- delivery or facsimile transmission within 2 business days of receipt by Consultant of any such notice from an insurance carrier. Copies of notices received by Consultant shall be sent to LPA, in care of LPA's Responsible Charge, and to State at the following address: Nebraska Department of Roads Construction Division — Insurance Section 1500 Highway 2, P. O. Box 94759 Lincoln, NE 68509-4759 Facsimile No. 402-479-4854 (5) Failure of the owner or any other party to review, approve, and/or reject a certificate of insurance in whole or in part does not waive the requirements of this Agreement. (6) The limits of coverage's set forth in this document are minimum limits of coverage. The limits of coverage shall not be construed to be a limitation of the liability on the part of Consultant or any of its subconsultants/tier subconsultants. The carrying of insurance described shall in no way be interpreted as relieving Consultant, subconsultant, or tier subconsultant of any responsibility or liability under the Agreement. (7) If there is a discrepancy of coverage between this document and any other insurance specification for this project, the greater limit or coverage requirement will prevail. Project No. MAPA-5082(7) Sheet 3 of 3 Control No. 22681 Agreement No. BK1630 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha approved a Program Agreement for the Major Street Resurfacing in Omaha project, also known as Federal Aid Project MAPA-5082(7), State.Control No. 22681, by City Council Resolution No. 1086 on August 18, 2015: and. WHEREAS, Alfred Benesch & Company has been engaged, in accordance with the Nebraska Department of Roads' on-call professional services master agreement number BK 1557, to provide construction engineering services as delineated in the attached Task Order Agreement, which by this reference become a part hereof, for a sum not to exceed $426,1 56.59; and, WHEREAS, the fee for this project will be funded as an "Advanced Construction- project with 100% local match paid from the City Street Maintenance Fund 12129. Major Street Resurfacing Organization 116159. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Task Order Agreement with Alfred Benesch & Company to provide construction engineering services for the Major Street Resurfacing in Omaha project, known as Federal Aid Project MAPA-5082(7), State Control No. 22681, with with a cost to the City not to exceed $426,156.59 to be paid from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, is hereby approved; and, THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreements on behalf of the City of Omaha. 1449hra APPROVED AS TO FORM: tf Yp'P{r / /f j q TY ATTORNEY DATE By & JJ47 ALA?. Councilmember Adopted UG _ 7..2 .6 City Clerk 3/8/24 41 Approved....,; Haver NO. 1 Resolution by Res. that as recommended by the Mayor, the Task Order Agreement with Alfred Benesch & Company to provide construction engineering services for the Major Street Resurfacing in Omaha project, known as Federal Aid Project MAPA-5082(7), State t. Control No. 22681, with t a cost to the City not to exceed $426,156.59 to be paid from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, is hereby approved; and that, the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreements on behalf of the City of Omaha. 1449Bhra l� Presented to City Council AUG - 92016 Adopted 2-e) &tiler U?rocvn City Clerk