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RES 2016-0397 - Agmt with The Schemmer Associates Inc for OPW 52912 and 52910, utility cut repair and brick street renovation OMAHA'N6e r- , f r-- r °F ta : U t ' ,.^ i,: l� I 1-- L-{ Public Works Department � ����'���� Omaha/Douglas Civic Center 1819 Farnam Street,Suite 601 45 ® Fl �� � April 5, 201609 11 � 25 � Omaha,Nebraska 68183-0601 �A��ti (402)444 5220 °k'TED eEaa�r4 } r i_ Fax(402)444-5248 CIL City of Omaha 1 3 c'� 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 The Schemmer Associates Incorporated,to provide professional engineering services for OPW 52912 & 52910, being the Utility Cut Repair Various Locations and Brick Street Renovation Various Locations projects. Approval of the attached resolution allows The Schemmer Associates Incorporated ds to i proceed with the work, as outlined in the attached Agreement. This work consists ofs ding; earthwork, structural fill, materials testing and other services associated with OPW 52912 & 52910. The Schemmer Associates Incorporated has agreed to perform these services for a fee not to exceed $44,560.00, which is detailed in Exhibit C of the agreement. Costs will be divided based on actual project work and paid from the Capital Special Assessments Fund 13573, Special Assessments Organization 116168 for OPW 52912 and from Street S for andPW Highway52g10 Allocation Fund 12131, Residential Brick Street Repair Organization The Schemmer Associates Incorporated has filed the required Contract Compliance Report, Form CC-I, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Res ectfully submitte , Referred to City Council for Consideration: } y 3-H-14. -„c ,. •ICk4 —3) (a/i , Robert G. Stubbe, P.E. Date Mayors Office Daie Public Works Director Approved as to Funding: Approved: V 4 �' �C Steph n B. Curtiss Date Spencer K. banner Jr. Date Finance Director Human Rights and Relat'ons Director 1266hra PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 3rd day of March, 2016, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and The Schemmer 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". I. PROJECT NAME AND DESCRIPTION OPW 52912 Utility Cut Repair Various Locations &OPW 52910 Brick Street Renovation Various Locations 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 March 21, 2016 through April 14, 2017 day period after receipt of a purchase order from the City. B. Provider designates Jon Firkins whose business address and phone number is 1044 N. 114' Street, Suite#300, Omaha NE 68154, 402 4934800 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 March 21, 2016 through April 14, 2017 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 Mark Poland whose business address and phone number are 1819 Farnam Street Suite 707,Omaha NE 68183,402-444-6539 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 $44,560. 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 construction 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 construction 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 construction 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 construction 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,political or religious opinions,affiliations or national origin. 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. 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, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation,gender identity, or national origin. 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, religion, color, sex, sexual orientation, gender identity, or national origin,age,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 !'ck day of 01G,r'� ,_ (�• Provid lJ I/C� 9rLi'� By AMC:,o — fc'rt' EST /9W Eet,:tti+-e «e efts;( ' (Title) EXECUTED this day of 4,' / ATTES CIT )F-OMAHA,A Municipal Corporation erk Mayor APPROVED AS TO FORM: //47itizi Deputy City Attorney Revised: 12/2012 1 I SCH =MM =R ARCHITECTS ENGINEERS PLANNERS March 3, 2016 Mr. Mark Poland Utility Coordinator City of Omaha Construction Division 1819 Farnam Street Suite 707 Omaha, NE 68183 RE: Professional Services Proposal Construction Materials Testing Utility Cut Repair Various Locations OPW 52912& Brick Street Restoration Various Locations OPW 52910 Schemmer Project Number 01277.CF3 Dear Mr. Poland: The Schemmer Associates Inc. (Schemmer)proposes to render construction materials testing services to the City of Omaha for OPW 52912 - Utility Cut Repair Various Locations&OPW 52910 - Brick Street Restoration Various Locations projects located within the City of Omaha Nebraska. The development of this scope of services and compensation proposal was based in part on the following: ➢ Request for services from the City of Omaha (Mark Poland) ➢ Conversations with Mark Poland I. SCOPE OF SERVICES Schemmer proposes to provide periodic construction materials testing in accordance with project documents,ASTM standards, and the 2014 City of Omaha Standard Specifications for Public Works. Schemmer will provide testing for the following items. Included under each item is a detailed description of the activities Schemmer intends to perform. A. Earthwork/Structural Fill Laboratory tests will consist of soil moisture—density relationships (Proctor tests) and classification tests to determine compliance with specifications. During earthwork operations, Schemmer will perform compaction testing for utility trench backfill and subgrade preparation below pavements. B. Cast in Place Concrete We will perform field testing of cast-in-place portland cement concrete for pavements including roads, driveways, and sidewalks. Concrete field testing includes casting concrete cylinder specimens for laboratory strength testing, slump, air content, and temperature measurements. Firma 4C2493.4800 FAR 402 493 7951 1044 North 115th Sheet,Suite 300 Omaha,Nebraska 68154-4436 SCHEMMER.COM c`M P.GYEE OWNED 11111111111111111111111111111111111111111111111111111111111 Professional Services Proposal Construction Materials Testing OPW 52912 -Utility Cut Repair Various Locations & OPW 52910 -Brick Street Restoration Various Locations March 3, 2015 Page 2 II. LABORATORY QUALIFICATIONS Schemmer has a full construction materials testing laboratory. Schemmer's laboratory is certified with the US Army Corps of Engineers and the Nebraska Department of Roads for the required tests and maintains calibrations and equipment as required by this certification and applicable ASTM standards. Schemmer meets the requirements as set forth by ASTM C1077 (Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction) and E329(Standard Specification for Agencies Engaged in Testing Materials Used in Construction). Schemmer also participates in national materials testing proficiency programs. III. SCOPE AND COMPENSATION You will be invoiced monthly only for the actual amount of work performed. A. Construction Materials Testing: Based on the estimated number of units provided in the Request for Services in conjunction with our current standard prices, Schemmer estimates our total testing and inspection fee for the subject project will be Forty Four Thousand, Five Hundred and Sixty Dollars and No Cents($44,560.00) in accordance with the terms of the attached General Conditions and Supplemental General Conditions. If additional services are required above the estimated quantities then they shall be considered "Additional Services" as agreed to in paragraph B. B. Additional Services: Additional Services as approved and directed by you will be rendered by The Schemmer Associates Inc. on a unit rate basis in accordance with our current standard Schedule of Construction Testing and Inspection Fees for services accrued to the project, plus Consultant Costs based on time and materials basis (if any), plus Reimbursable Expenses for such services. Retests of unsatisfactory work are considered additional services and considered authorized by acceptance of this proposal. IV. SCHEDULE Schemmer shall commence the construction materials testing services on the project after receipt of Notice-to-Proceed. If the foregoing is agreeable, please indicate your acceptance by signing and returning one copy of this proposal. We will consider the signed proposal an Agreement between the City of 11111111111111111111111111111111.11111111111111111111 Professional Services Proposal Construction Materials Testing OPW 52912 -Utility Cut Repair Various Locations & OPW 52910 -Brick Street Restoration Various Locations March 3, 2015 Page 3 Omaha and The Schemmer Associates Inc. for the services described herein. We look forward to contributing to the success of this project. If you have any questions regarding this proposal, please feel free to contact Jonathan at 402-493-4800. Sincerely, THE SCHEMMER ASSOCIATES INC. ACCEPTED: ARCHITECTS I ENGINEERS I PLANNERS City aha/' B LoAc `-f -ELQ Jonathan D. Firkins, P.G. Manager, Construction Materials Testing TITLE All�1(a�2 An d Special h Inspections t DATE ,4Prif 7 Adze Charles D. Huddleston, P.E. Executive Vice President, Engineering Division ATTEST: Attachments: General Conditions/Supplemental General Conditio Suet r r9 s city Clerk 111111111111111111111111111111111111111 Table 1 Unit rates and Estimated Cost for Construction Materials Testing OPW 52912-Utility Cut Repair Various Locations & OPW 52910-Brick Street Restoration Various Locations Projects Omaha, Nebraska SERVICE t TEST Estimated Unit Rate Total Cost Quantity Earthwork/Soil Testing • Soil Density Compaction Tests(Nuclear Gauge Method,ASTM D6938) 1 400 tests $30.00/test $12,000.00 Concrete Testing___... • Concrete Test Set(slump,air, temperature) (ASTM C143, C231, C1064, C31) ; 100 tests $ 72.00/test set t $7,200.00 • Compressive Strength Cylinders(ASTM C39) 400 cylinders $ 1500/cylinder $6,000..00 Other • Professional Enameer, Senior Project Manager 10 hours $ 155.00/hour $1,550.00 • Professional En_gineer, Project Manager 30 hours $ 125.00/hour $3,750 00 • Technician II 10 hours $ 56.00/hour $560.00 • Technician Trip Charge i 300 trips ' $45.00/trip $13, 500.00 Total Cost for Services $44,560.00 1 =Estimated Quantities as established in the Request for Proposal email dated 3/1/16 GENERAL CONDITIONS 1. REUSE OF DOCUMENTS. All documents other party, his/her partners, successors, assigns including drawings,specifications and CADD data and legal representatives with respect to all on electronic media furnished by The Schemmer covenants of this Agreement. Neither party shall Associates Inc. pursuant to this Agreement are assign, sublet or transfer his/her interest in this instruments of its services in respect to this project. Agreement without the written consent of the They are not intended or represented to be suitable other. for reuse on extensions of this project or on any other project. Any reuse without specific written 6. PAYMENTS. Payments due The Schemmer verification or adaptation by The Schemmer Associates Inc. under this Agreement shall be Associates Inc. shall be at the user's sole risk and payable within thirty (30) days of the date of without liability or legal exposure to The billing. If full payment is not received within sixty Schemmer Associates Inc., and the other party to (60)days of the date of billing, the payment shall this Agreement shall indemnify and hold harmless bear interest at the highest rate permitted by law The Schemmer Associates Inc. from all claims, but not exceeding eighteen percent(18%). damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any 7. DELINQUENT PAYMENTS. (a) Delinquent such verification or adaptation will entitle The Progress Payments: It is understood and agreed Schemmer Associates Inc. to further that should any progress payment hereunder compensation. remain due and unpaid for a period of 60 days after invoice, that all services on the part of The 2. ESTIMATES. Since The Schemmer Associates Schemmer Associates Inc. will cease and will not Inc.has no control over the cost of labor,materials resume until all amounts owing for services or equipment or over the contractor(s)' methods of rendered have been paid in full. Cessation shall determining prices, or over competitive bidding or not constitute a breach of The Schemmer market conditions, estimates of project cost are Associates Inc.'s duties under this agreement, or made on the basis of experience and qualifications an election of remedies, and The Schemmer and represent the best judgment of design Associates Inc. shall be fully indemnified for any professionals familiar with the industry, but The liability or damages thereby caused. (b) Legal Schemmer Associates Inc. cannot and does not Action: No account will be held by The guarantee that proposals, bids or project costs will Schemmer Associates Inc.more than 90 days after not vary from estimates of cost prepared by The their invoice. At the end of 90 days all such Schemmer Associates Inc. accounts will be referred for appropriate legal action. (c) Mechanics Liens: Unless specific 3. SUSPENSION OR ABANDONMENT. If the arrangements for delayed payments have been project is suspended for more than three months or made, by written agreement, all mechanics lien abandoned in whole or in part, The Schemmer rights available to The Schemmer Associates Inc. Associates Inc. shall be paid compensation for will be exercised within the time period allowed services performed prior to receipt of written by law. notice of such suspension or abandonment, together with reimbursable expenses then due. 8. TAX. oss receipts or sales taxhthatt may tbe imposed shall of any tse, rbe invoiced as 4. TERMINATION. This Agreement may be a reimbursable expense. terminated by either party upon seven days'written notice should either party fail substantially to 9. HAZARDOUS MATERIALS. Unless otherwise perform in accordance with its terms through no provided in this Agreement, The Schemmer fault of the other. In the event of termination due Associates and The Schemmer Associates' to the fault of others than The Schemmer consultants shall have no responsibility for the Associates Inc., The Schemmer Associates Inc. discovery,presence,handling,removal or disposal shall be paid compensation for services performed of or exposure of persons to hazardous materials to termination date, including reimbursable in any form, including but not limited to asbestos, expenses then due. asbestos products,polychlorinated biphenyl(PCB) or other toxic substances. The Schemmer 5. SUCCESSORS AND ASSIGNS. Each party to Associates Inc. shall be indemnified and held this Agreement binds him/herself,his/her partners, harmless against all claims related to hazardous successors, assigns and legal representatives to the materials. 12/06 TSA Form 10. NOTICE OF LIMITATION OF AGENTS' 13.2. The electronic files are submitted to the AUTHORITY. It is understood and client for a 30-day acceptance period. During this acknowledged that no agent, officer, or principal period, the client may review and examine these of The Schenuner Associates Inc. is authorized to files. Any errors detected during this time will be vary the terms of this agreement in any particular, corrected by The Schemmer Associates Inc. as except by writing, expressly limiting the part of the basic agreement. Any changes application of the terms of this Agreement. requested after the acceptance period will be considered additional services to be performed on 11. INVALIDATION OF PROFESSIONAL a time and materials basis, at the standard cost LIABILITY INSURANCE. The Schemmer plus terms and conditions. The Schermer Associates shall not knowingly take any action Associates Inc. is not required to maintain copies called for by this agreement or arising from the of the electronic files beyond the acceptance course of this project which shall cause loss of the period after delivery of the files. The Schemmer Associates' professional liability insurance coverage for this project or any aspect 13.3. The Owner shall be permitted to retain of it. copies of the drawings and specifications prepared in CADD format for the Owner's information. 12. LIMITATION OF LIABILITY. To the fullest Due to the potential that the information set forth extent permitted by law,the Client agrees to limit on the electronic media can be modified by the The Schemmer Associates Inc.'s liability for the Owner, unintentionally or otherwise, The Client's damages to the sum of $50,000 or The Schemmer Associates reserves the right to remove Schemmer Associates Inc.'s fee, whichever is all indicia of its ownership and/or involvement greater. This limitation shall apply regardless of from each electronic file. the cause of action or legal theory pled or asserted. 13.4. Any use or reuse of altered files by the 13. COMPUTER AIDED DESIGN/DRAFTING Owner or others without written authorization or (CADD). CADD may be utilized to prepare CADD adaptation by The Schemmer Associates drawings, specifications, calculations, and other Inc.for the specific purpose intended will be at the instruments of service prepared by The Schemmer Owner's risk and full legal responsibility. Associates Inc. Submitted data files are intended Furthermore, the Owner will, to the fullest extent to work only as described in the agreement and are permitted by law, indemnify and hold The compatible only with the original hardware and Schemmer Associates Inc. harmless from any and software used to create the files. all claims, suits, liability, demands, or costs arising out of or resulting from such use. Any 13.1. Because data stored on electronic media such authorization or CADD adaptation by the can deteriorate undetected or be modified without Owner will entitle The Schermer Associates Inc. the knowledge of The Schemmer Associates Inc., to additional compensation at the rates established the Owner agrees to accept responsibility for the as part of this agreement. completeness, correctness, and readability of the electronic media after an acceptance period of 30 14. GEOTECHNICAL MATERIALS TESTING days after delivery of the electronic files, and that SERVICE. In the case that geotechnical and/or upon the expiration of this acceptance period, the materials testing services are provided by The Owner will indemnify and save harmless The Schemmer Associates Inc., our supplementary Schemmer Associates Inc.for any and all claims, General Conditions for Geotechnical and losses, costs, damages, awards, or judgments Materials Testing shall be considered a part of arising from use of the electronic media files or this document. output generated from them. The Schemmer Associates Inc.agrees that it is responsible for the accuracy of the sealed hard copy drawings that have been or will be submitted, and that such accuracy is defined as the care and skill ordinarily used by members of the profession practicing under similar conditions at the same time and in the same locality. The Schemmer Associates Inc. makes no warranties, express or implied, under this agreement or otherwise, in connection with the services provided. TSA Form 7 12/06 SUPPLEMENTAL GENERAL CONDITIONS GEOTECHNICAL AND MATERIALS TESTING 1. SCOPE OF WORK.The Schemmer Associates are or may be related to the services provided; Inc. shall perform the services described in the such hazardous substances including but not contract and shall invoice the client for those limited to products, materials, or wastes which services at the contract rates. Any cost estimates may exist on or near any premises upon which stated in this contract shall not be considered as work is to be performed by The Schemmer firm figures unless specifically stated in this Associates Inc. If The Schemmer Associates contract. If unexpected site conditions are Inc. observes or suspects the existence of discovered, additional services may be required. hazardous materials during the course of If so, upon approval by the owner, The providing services, The Schemmer Associates Schemmer Associates Inc. will provide Inc. may,at its option,terminate further work on necessary additional services at the contract the project and notify client of the conditions. rates. Services will be resumed only after a renegotiation of scope of services and fees. In 2. ACCESS TO SITES, PERMITS, AND the event that such renegotiation cannot occur to APPROVALS. The client shall furnish The the satisfaction of The Schemmer Associates Schemmer Associates Inc. with right-of-access Inc., The Schemmer Associates Inc. may, at its to the site in order to conduct the planned option, terminate this contract. It is understood exploration. Unless otherwise agreed, the client and agreed that The Schemmer Associates Inc. will also secure all necessary permits, approvals, does not create, generate, or at any time take licenses, and consents necessary to the possession or ownership of hazardous materials performance of the services hereunder. While as a result of its exploration services. The Schemmer Associates Inc. will take reasonable precautions to minimize damage to 5, REPORTS. The Schemmer Associates Inc. the property, it is understood by the client that, will furnish up to 3 copies of reports to the in the normal course of work,some damage may client. Additional copies will be provided at the occur,the restoration of which is not part of this expense of the client. agreement. 6. OWNERSHIP OF DOCUMENTS. All 3. UTILITIES. In the performance of its work, reports, boring logs, data, notes, calculations, The Schemmer Associates Inc. will take estimates,and other documents prepared by The reasonable precautions to avoid damage or Schemmer Associates Inc. as instruments of injury to subsurface utilities or structures. This service shall remain the property of The includes requesting locates of utility owned lines Schemmer Associates Inc. and services. The client agrees to hold The Schemmer Associates Inc. harmless and 7, SAMPLE DISPOSAL. Unless otherwise indemnify The Schemmer Associates Inc. for agreed, test specimens or samples will be any claims, payments, or other liability, disposed of immediately upon completion of the including attorney fees, incurred by The test. Schemmer Associates Inc. for damage to any privately owned subsurface utilities or structures 8. CONFIDENTIALITY. The Schemmer which are not correctly identified to The Associates Inc. will hold confidential all Schemmer Associates Inc. business or technical information obtained from the client or generated in the performance of 4. UNANTICIPATED HAZARDOUS services hereunder and identified in writing by MATERIALS. It shall be the duty of the client the client as confidential. The Schemmer to advise The Schemmer Associates Inc. of any Associates Inc. will not disclose such known or suspected hazardous substances which TSA Form 7-SUP 11106 information without the client's consent except 10. PRECEDENCE. These standards, terms, and to the extent required for; I) performance of conditions shall take precedence over any services under this contract; 2) compliance with inconsistent or contradictory language contained professional standards of conduct for in any proposal, contract, purchase order, preservation of public safety, health, and requisition, notice to proceed, or like document welfare; 3) compliance with any court order or regarding The Schemmer Associates Inc. other governmental directive; and/or 4) services. protection of The Schemmer Associates Inc. against claims or liabilities arising from 11. PROVISIONS SEVERABLE. In the event performance of services under this contract. that any of the provisions of these General The Schemmer Associates Inc. obligations Conditions should be found to be unenforceable, hereunder shall not apply to information in the it shall be stricken and the remaining provisions public domain or lawfully acquired on a non- shall be enforceable. confidential basis from others. The Schemmer Associates Inc. technical and pricing information are to be considered confidential and proprietary, and shall not be released or otherwise made available by client to any third party without the express written consent of The Schemmer Associates Inc. 9. STANDARD OF CARE. Services performed by The Schemmer Associates Inc. under this contract will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, expressed or implied, is made or intended by the proposal for services or by furnishing oral or written reports of the findings made. The client recognizes that The Schemmer Associates Inc. does not owe any fiduciary responsibility to the client. The client further recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys, tests, or explorations are made by The Schemmer Associates Inc., and that the data, interpretations, and recommendations of The Schemmer Associates Inc. are based solely upon the data available to The Schemmer Associates Inc. The Schemmer Associates Inc. will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretation by others of the information developed. TSA Form 7-SUP 11/06 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 association with OPW 52912 & 52910, being the Utility Cut Repair Various Locations and Brick Street Renovation Various Locations projects; and, WHEREAS, The Schemmer Associates Incorporated was selected by the engineers and architects selection process and has agreed to perform the professional engineering services listed in the attached agreement, which by this reference is made a part hereof, for a fee not to exceed $44,560.00; and, WHEREAS, the fee for these services will be divided based on actual project costs and paid from the Capital Special Assessments Fund 13573, Special Assessments Organization 116168 for OPW 52912 and Street and Highway Allocation Fund 12131, Residential Brick Street Repair Organization 116122 for OPW 52910. 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 The Schemmer Associates Incorporated, for professional engineering services associated with OPW 52912 & 52910, being the Utility Cut Repair Various Locations and Brick Street Renovation Various Locations projects, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay The Schemmer Associates Incorporated a fee not to exceed $44,560.00 for these professional engineering services, divided based on actual project costs, and paid from the Capital Special Assessments Fund 13573, Special Assessments Organization 116168 for OPW 52912 and Street and Highway Allocation Fund 12131, Residential Brick Street Repair Organization 116122 for OPW 52910. 1265hra APPROVED AS TO FORM: ZIL( Q' CITY ATTORNEY DATE By ,�Q Councilmember Adopted APR 5.. City Clerk L.�(/7/7W,/ pP A rove .,1{,4A—ts. J / Mayor NO / i` Resolution by Res. that, as recommended by the Mayor, the Professional Services Agreement with The Schemmer Associates Incorporated, for professional engineering services associated with OPW 52912 & 52910, being the Utility Cut Repair Various Locations and Brick Street Renovation Various Locations projects, is hereby approved; and that, the Finance Department is authorized to pay The Schemmer Associates Incorporated a fee not to exceed $44,560.00 for these professional engineering services, divided based on actual project costs, and paid from the Capital Special Assessments Fund 13573, Special Assessments Organization 116168 for OPW 52912 and Street and Highway Allocation Fund 12131, Residential Brick Street Repair Organization 116122 for OPW 52910. 1265Bhra Presented to City Council APR 5 2016 Adopted - a gaiter PM It/n City Clerk