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
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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
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(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