RES 2016-0294 - Agmt with Ehrhart Griffin and associates for OPW 52938, Florence streetscape improvements Public Works Department
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City of Omaha 1 Robert G. Stubbe, P.E.
Jean Stothert,Mayor fi;+ N F B R i K Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement with Ehrhart
Griffin and Associates to provide professional design services on the Florence Streetscape
Improvements project, known as OPW 52938.
Approval of the attached resolution allows Ehrhart Griffin and Associates to proceed with the
work, as outlined in Exhibit B of the attached Agreement. This work includes professional
design services.
Ehrhart Griffin and Associates has agreed to perform these services for a fee not to exceed
$42,896.00, which is detailed in Exhibit C of the attached Agreement and is payable from the
2010 Transportation Fund 13183, and Transportation Bonds Organization 117117.
Ehrhart Griffin and Associates has filed the required Contract Compliance Report, Form CC-1,
in the Human Rights and Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
4,./6. 11-7?fire-,..LL 2-a-/4, tita -z_77s-i, co,
Ro ert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved:
Stephen . Curtiss Date Spencer . Danner Date
Finance Director -per Human Rights and Rela sons Director
1096tns
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 11th day of February,2016,by and between the
City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as
the "City"), and Ehrhart Griffin & Associates (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
Florence Streetscape Improvements
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.
B. Provider designates Terry Morrison whose business address and phone number is 3552 Farnam
Street, Omaha, NE 68131, 402-561-2305 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,by May 27, 2016,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 Jon Meyer whose business address and phone number are 1819 Farnam Street, Suite
604,Omaha,Nebraska,402-444-4191 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$42,896.00. 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, race, color, creed, religion, sex, marital status, sexual orientation, gender
identity,national origin, age, or disability.
B. Captions. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city
ordinances, resolutions, state laws, federal laws, and existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or
any officer or employee of the City shall have a financial interest,direct or indirect,in any City
Agreement. Any violation of this section with the knowledge of the person or corporation
contracting with the City shall render the Agreement voidable by the Mayor or Council.
E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict with the performance of services
required to be performed under this Agreement; he further covenants that in the performance
of this Agreement, no person having any such interest shall be employed.
F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease
or deed of any type. This is the complete and full agreement of the parties.
G. Modification. This Agreement contains the entire Agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly set
forth herein. No agent, employee or other representative of either party is empowered to alter
any of the terms hereof unless done in writing and signed by an authorized officer of the
respective parties.
H. Assignment. The Provider may not assign its rights under this Agreement without the express
prior written consent of the City.
Strict Compliance. All provisions of this Agreement and each and every document that shall
be attached shall be strictly complied with as written, and no substitution or change shall be
made except upon written direction from authorized representative.
J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The
Contractor is required and hereby agrees to use a federal immigration verification system to
determine the work eligibility status of new employees physically performing services within
the State of Nebraska. A federal immigration verification system means the electronic
verification of the work authorization program authorized by the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a,known as the E-Verify Program,
or an equivalent federal program designated by the United States Department of Homeland
Security or other federal agency authorized to verify the work eligibility status of a newly
hired employee.
If the Contractor is an individual or sole proprietorship,the following applies: 1. The
Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor
indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to
provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program. 3. The Contractor understands and agrees that lawful
presence in the United States is required and the Contractor may be disqualified or the
contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat.
§4-108.
K. Debarment or suspension by any federal agency. Office of Management and Budget (OMB)
guidelines require that any individual or entity that has been placed on the Excluded Parties
List System ("EPLS" - available for review through www.sam.gov) may not be a participant
in a federal agency transaction that is a covered transaction or act as a principal of a person
participating in one of those covered transactions. These guidelines apply to covered
transactions under a grant from any federal agency for which a recipient expects to receive
reimbursement for expenditures incurred or an advance on future expenditures.
The Contractor providing goods and/or services to the City of Omaha certifies, by acceptance
and execution of this Agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency. Contractor further agrees,
by accepting and executing this Agreement,that it will include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the
Contractor or any lower tier participant is unable to certify this statement, it shall attach an
explanation to this Agreement.
L. Contract Compliance Ordinance No.35344,Section 10-192
Equal Employment Opportunity Clause
During the performance of this contract,the Contractor agrees as follows:
1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity,
national origin,age,or disability. The Contractor shall ensure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed,
religion, sex, marital status, sexual orientation, gender identity, national origin, age, or
disability. As used herein,the word "treated" shall mean and include, without limitation, the
following: recruited, whether by advertising or by other means; compensated; selected for
training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred;
laid off; and terminated. The Contractor agrees to and shall post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
2) The Contractor shall,in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, creed, religion, sex, marital status, sexual orientation, gender
identity,national origin,age,or disability.
3) The Contractor shall send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding a notice advising the labor
union or worker's representative of the Contractor's commitments under the Equal Employment
Opportunity Clause of the City and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4) The Contractor shall furnish to the human rights and relations director all Federal forms
containing the information and reports required by the Federal government for Federal
contracts under Federal rules and regulations, and including the information required by
Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records.
Records accessible to the human rights and relations director shall be those which are related
to Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the
Contractor. The purpose for this provision is to provide for investigation to ascertain
compliance with the program provided for herein.
5) The Contractor shall take such actions with respect to any subcontractor as the City may direct
as a means of enforcing the provisions of Paragraphs(1)through(7)herein,including penalties
and sanctions for noncompliance;however,in the event the Contractor becomes involved in or
is threatened with litigation as the result of such directions by the City,the City will enter into
such litigation as necessary to protect the interests of the City and to effectuate the provisions
of this division;and in the case of contracts receiving Federal assistance,the Contractor or the
City may request the United States to enter into such litigation to protect the interests of the
United States.
6) The Contractor shall file and shall cause his subcontractors, if any,to file compliance reports
with the Contractor in the same form and to the same extent as required by the Federal
government for Federal contracts under Federal rules and regulations. Such compliance reports
shall be filed with the human rights and relations director. Compliance reports filed at such
times as directed shall contain information as to the employment practices,policies,programs
and statistics of the Contractor and his subcontractors.
7) The Contractor shall include the provisions of Paragraphs(1)through(7)of this Section,"Equal
Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order
so that such provisions will be binding upon each subcontractor or vendor.
EXECUTED this l I th day of February , 2016�av , R
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APPROVED AS TO FORM:
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Deputy City Attorney
Revised: 12/2012
EGA161020
EGA Project No
CIVIL ENGINEERING AND LAND SURVEY PROPOSAL
FLORENCE STREETSCAPE PHASE 2
WILLET TO MORMON STREET,OMAHA,NE
February 11,2016
This agreement for limited professional civil engineering and land surveying services (hereinafter referred to as
"Agreement") to be provided by Ehrhart Griffin & Associates (hereinafter referred to as "A/E") for CITY OF
OMAHA PUBLIC WORKS(hereinafter referred to as Owner).General Conditions are attached in Exhibit"A".
ARTICLE 1
SCOPE OF SERVICES: This Scope of Services outlines the professional services required to prepare construction
drawings and specifications for the above referenced project.The following scope of services is based upon the limits
of the project discussed between the A/E and the Owner and attached as Exhibit"B".
Basic Scope of Services
1.1 LAND SURVEYING SERVICES are EXCLUDED from this proposal.
1.2 BASIC A/E DESIGN: services will include the following:
A. Preliminary Design Services:
1. Correspondence with property owners on the impacts of the improvements on their
property. This will be used to determine design constraints and possible construction
easement needs.
B. Provide Construction drawings and specifications for the following:
1. Site Demolition Plan for the removal of existing topographic features as necessary.
2. Prepare new Public Street Plans showing new curbs and pavement for approximately two
(2)blocks in accordance with City of Omaha Standards.
3. Storm Sewer Plan and Profile drawings within said street right-of-way for the relocation
of inlets if necessary.
4. Site Layout Plan,defining horizontal control that locates all sidewalks,driveways,curb
cuts,curb and gutter,medians,and landscaped areas,if any. Included in this item are all
details necessary for construction of the curb and gutter,handicap ramps,sidewalks,
concrete pans and chase sections or other items as necessary.
5. Site Grading Plan,defining proposed contours and spot elevations with typical cut-
section to establish sub-grade elevations,erosion control facilities are included in this
item. It is expected that the disturbed area will be less than 1 acres and therefore NPDES
permit provisions are not included in this contract.
6. Landscaping plan showing the tree planter and proposed street light locations.
7. Retaining Wall Structural Design provisions are not included in this contract. Should
retaining walls be needed,the A/E will show the proposed location and pertinent
elevations on their drawings. The selected Contractor will be required to provide shop
drawings signed and sealed by an Engineer registered in the State of Nebraska for review
prior to the commencement of construction.
8. Preparation of an Opinion of Probable Construction Cost(OPCC).
9. Design EXCLUSIONS,other than those already listed are:
a. Platting or replatting efforts of the subject property,dedication of public right-
of-way and/or release of easements,
b. Rezoning and/or zoning waivers deemed necessary by the Planning Department,
c. Traffic impact study,
d. Site or parking lot lighting. An ACAD base will be furnished to the design
team's electrical engineer for use and inclusion into their documents,
e. Utility plans,other than those described above,
f. Site irrigation system design. An ACAD base drawing will be provided to the
Architect for the use of the irrigation subcontractor,
g. Application/permit fees. The Architect or Owner will pay for all
application/permit fees in the form of a check given to the A/E prior to submittal
to the governing agency,
h. Landscape plan. An ACAD base drawing will be provided to the Architect for
the use of the landscape subcontractor,
i. Construction staking services. Once the design is done a construction staking
allowance will be determined and added to the construction plans.
C. A Post Construction Stormwater Management Plan(PCSMP), is EXCLUDED from this proposal. If it
is requested by the Owner at a later time fees will be negotiated and the PCSMP shall include meeting
the City of Omaha's ordinance requirements for treating the first/"rainfall across the site. The
PCSMP,once formally approved by the City of Omaha,will be required to be filed with the Douglas
County Assessor's Office by the Owner. The PCSMP will include the following:
• Application for permit with the City of Omaha.
• Determination of stormwater treatment BMP(s).
• Drainage analysis calculations and preparation of drainage report.
• Creation of Post Construction Stormwater Management Plan Maintenance Agreement
and Easement.
• Coordination with City of Omaha to acquire approval of PCSMP.
• Recording of final Post Construction Stormwater Management Plan Maintenance
Agreement and Easement with the Douglas County Register of Deeds. Fee shall be
reimbursed to the A/E by the Owner.
• Final Inspection of BMP following construction.
• Surveying the BMP and associated storm sewer for record drawings.
D. Provide storm drainage calculations for 30th Street,from Willit Street to Mormon Street,as required by
the State of Nebraska for permitting for the Application to Occupy Right-of-Way. This EXCLUDES re-
design and sizing of the storm sewer system in 30th Street.
E. NDOR permitting for Application to occupy Right-of-Way.
F. Provide services during the Bidding Phase to answer questions and provide any clarifications as
required.
G. Construction observation services for public improvements are EXCLUDED from this proposal. The
level of participation will be determined prior to construction and a fee will be negotiated between the
Owner and the A/E.
H. Temporary Construction easements,right-of-entry agreements,will be completed as necessary and will
be billed on an hourly basis because the number of easements is unknown at this time.
1.5 ADDITIONAL SERVICES: Services required in addition to those listed above will be performed at the A/E's
prevailing standard hourly billing rates as shown in the Standard Hourly Rate Schedule in the General Conditions-
Exhibit"A".
2
EXCLUDED SERVICES: Services not set forth above as Basic Services or Additional Services and listed in Article
1 of this Agreement are excluded from the scope of the A/E's services and the A/E assumes no responsibility to
perform such services. Specifically excluded are: Application Fees,Railroad insurance, permitting or flagging fees
and title policy research fees,off-site utility main extensions.
ARTICLE 2
FEE ARRANGEMENT&SCHEDULE
2.1 PROFESSIONAL FEES: The A/E agrees to provide the above services on a lump sum(LS)and hourly basis
in addition to reimbursable expenses(See 2.2)as follows:
1.1 Not Used
I.2A Preliminary Design Services $ 3,640.00(LS)
1.2B Construction Drawings and Specifications $29,230.00(LS)
1.2C. Not Used
1.2D Storm Drainage Calculations $ 2,962.00(LS)
1.2E NDOR Permit $ 3,114.00(LS)
1.2F Services During the Bidding Phase $ 1,550.00(LS)
1.2G Not Used
1.2H Construction Easements $HOURLY(Estimated at$2,400)
TOTAL $42,896.00
2.2 REIMBURSABLE EXPENSES. Anticipated reimbursable expenses will include full size bond copies and
mylars reproductions, in-house and express messenger deliveries, contract and in-house reproduction, postage,
mileage,airfare and subsistence.
2.3 PAYMENT. The A/E will bill the Owner on a monthly basis based on percent of work completed.Billings will
be provided on dates necessary to meet the Owner payment approval schedule.Payment terms are 30 days net.
2.4 SCHEDULE:Engineering services schedule will be identified by the Owner and must be agreed to in writing by
the A/E. The Owner shall notify the A/E of any submittal constraints in a timely manner so that appropriate scheduling
may take place.
2.5 CONTRACT REPRESENTATIVE. Terry L. Morrison, P.E. of Ehrhart Griffin & Associates will serve as
project manager and contact for the A/E for this project.The Owner shall designate a staff member to serve in a similar
capacity.
3
EXHIBITS:
Exhibit"A"-General Conditions
Exhibit"B"-Project Limits
Owner: A/E:
CITY OF OMAHA PUBLIC WORKS EHRHART GRIFFIN&ASS IATES
Signature: Signature. r�G /
By: JON MEYER By: Terry L. ison,P.E.
Title: Title: Engineering Depart.Manager,P.E.-Partner
Date: Date: February 11,2016
Address: 3552 Famam Street
Address:
Omaha,NE 68131
1819 FARNAM ST,STE 604
OMAHA,NE 68183 PM Phone: (402)561-2305
Phone: 402-444-4191 PM Mobile: (402)575-8678
Fax: Office Phone: (402)551-0631
E-mail: Office Fax: (402)551-6540
PM E-mail: tmorrison(a�ehrhartgriffin.com
4
GENERAL CONDITIONS-EXHIBIT A
1. ACCESS TO SITE:Unless otherwise stated,the A/E will have
access to the site for activities necessary for the performance of the 8. LIMITATION OF LIABILITY:In recognition of the relative
services at all reasonable hours. risks and benefits of the project to both the Owner and the ME,the
risks have been allocated such that the Owner agrees,to
2. INDEMNIFICATION: Owner agrees to indemnify and hold the fullest extent permitted by law,to limit the liability of the A/E
harmless the A/E from and against any and all claims, damages, and their sub consultants to the Owner and to all construction
losses,and expenses arising out or resulting from the performance contractors and subcontractors on the project for any and all claims,
of services under this Agreement, provided that any such claim, losses,costs,damages of any nature whatsoever or claims expenses
damage,loss,or expense is not due to the negligent acts,errors,or from any cause or causes,so that the total aggregate liability of the
omissions of the A/E. A/E and his or her sub consultants to all those named shall not
exceed$100,000 or the A/E's total fee for services rendered on this
3. DISPUTE RESOLUTION: In an effort to resolve any conflicts project, whichever is greater. Such claims and causes include
that arise during the design or construction of the project or negligence,professional errors or omissions,strict liability,breach
following completion of the project,the Owner and the A/E agree of contract or warranty.
that all disputes between them arising out of or relating to this
Agreement shall be submitted to nonbinding mediation unless the 9. OPINIONS OF PROBABLE COST: In providing opinions of
parties mutually agree otherwise.The Owner and the A/E further probable construction cost,the Owner understands that the A/E has
agree to include a similar mediation provision in all agreements with no control over costs or the price of labor,equipment,or materials,
independent contractors and consultants retained for the project and or over the Contractors'method or pricing,and that the opinions of
to require all independent contractors and consultants also to include probable construction cost provided herein are to be made on the
a similar mediation provision in all agreements with subcontractors, basis of the A/E's qualifications and experience.The A/E makes no
sub consultants, suppliers or fabricators so retained, thereby warranty,expressed or implied,as to the accuracy of such opinions
providing for mediation as the primary method for dispute as compared to bid or actual costs.
resolution between the parties to those agreements.
10. SHOP DRAWING REVIEW: The ME shall review and
4. OWNERSHIP OF DOCUMENTS: The Owner approve Contractor submittals,such as shop drawings,product data,
acknowledges the A/E's construction documents as instruments of samples and other data, as required by the A/E, but only for the
professional service. Nevertheless, the plans and specifications limited purpose of checking for conformance with the design
prepared under this Agreement shall become the property of the concept and the information expressed in the contract documents.
Owner upon completion of the work and payment in full of all This review shall not include review of the accuracy or
moneys due to the A/E. The Owner shall not reuse or make any completeness of details,such as quantities,dimensions,weights or
modifications to the plans and specifications without the prior gauges, fabrications processes, construction means or methods,
written authorization of the A/E. The Owner agrees,to the fullest coordination of the work with other trades or construction safety
extent permitted by law,to indemnify and hold harmless the A/E precautions, all of which are the sole responsibility of the
from any claim,liability,or cost arising out of or allegedly arising Contractor. The A/E's review shall be conducted with reasonable
out of any unauthorized reuse or modifications of the construction promptness while allowing sufficient time in the A/E's judgment to
documents by the Owner or any person or entity that acquires or permit adequate review.Review of a specific item shall not indicate
obtains the plans and specifications from or through the Owner that the A/E has reviewed the entire assembly of which the item is a
without the written authorization of the A/E. component. The ME shall not be responsible for any deviations
from the contract documents not brought to the attention of the A/E
5. CODES AND STANDARDS COMPLIANCE: The A/E shall in writing by the Contractor.The A/E shall not be required to review
put forth the reasonable efforts to comply with codes,regulations, partial submissions or those which submissions of correlated items
laws,and statutes in effect as of the execution of this Agreement. have not been received.
6. CONSTRUCTION OBSERVATION:The ME shall visit the 11. ADA COMPLIANCE: The Americans with Disabilities Act
project at appropriate intervals during construction to become (ADA)provides that it is a violation of the ADA to design and
generally familiar with the progress and quality of the contractors' construct a facility for first occupancy later than January 26, 1993,
work and to determine if the work is proceeding in general that does not meet the accessibility and usability requirements of the
accordance with the Contract Documents. ADA except where an entity can demonstrate that it is structurally
The Owner has not retained the ME to make detailed inspections impractical to meet such requirements.The Owner acknowledges
or to provide exhaustive or continuous project review and that the requirements of the ADA will be subject to various and
observation services.The ME does not guarantee the performance possibly contradictory interpretations.The A/E,therefore,will use
of,and shall have no responsibility for,the acts or omissions of any his or her reasonable professional efforts to interpret applicable
contractor, subcontractor, supplier, or any other entity furnishing ADA requirements and other Federal,state and local laws,rules,
materials or performing any work on the project. codes,ordinances and regulations as they apply to the project.The
ME,however,cannot and does not warrant or guarantee that the
7. DELAYS: The ME is not responsible for delays caused by Owner project will comply with the interpretations of ADA
factors beyond the A/E's reasonable control, including but not requirements and/or requirements of other federal,state and local
limited to delays because of strikes,lockouts,work slowdowns or laws,rules,codes,ordinances and regulations as they apply to the
stoppages,accidents,acts of God,failure of any governmental or project.
other regulatory authority to act in a timely manner,failure of the
Owner to furnish timely information or approve or disapprove of 12. HAZARDOUS MATERIALS: It is acknowledged by both
the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any services
faulty performance by the Owner or by contractors of any level. related to asbestos or hazardous or toxic materials.In the event the
When such delays beyond the A/E's reasonable control occur,the A/E or any other party encounters asbestos or hazardous or toxic
Owner agrees the ME is not responsible for damages,nor shall the materials at the job site,or should it become known in any way that
A/E be deemed to be in default of this Agreement. such materials may be present at the job site or any adjacent areas
5
•
that may affect the performance of the A/E's services,the A/E may, in accordance with Article 2 of this Agreement.
at his or her option and without liability for consequential or any
other damages,suspend performance of services on the project until 16. SEVERABILITY AND SURVIVAL: Any provision of this
the Owner retains appropriate specialist consultant(s) or Agreement later held to be unenforceable for any reason shall be
contractor(s) to identify, abate and/or remove the asbestos or deemed void, and all remaining provisions shall continue in full
hazardous or toxic materials,and warrant that the job site is in full force and effect.Articles 2,3,4,and 8 shall survive the termination
compliance with applicable laws and regulations. of this Agreement and shall remain enforceable between the parties.
13. GOVERNING LAW: The laws of the State of Nebraska will 17. STANDARD OF CARE: Services provided by the A/E under
govern the validity of this Agreement, its interpretation and this Agreement will be performed in a manner consistent with that
performance.Any litigation arising in any way from this Agreement degree of care and skill ordinarily exercised by members of the same
shall be brought in the courts of that State. profession currently practicing under similar circumstances.
14. ASSIGNMENT: Neither party to this Agreement shall 18. AMENDMENT: This Agreement shall not be amended except
transfer, sublet, or assign any rights under or interest in this by written instrument signed by the parties hereto.This Agreement
Agreement (including but not limited to moneys that are due or constitutes the entire and integrated agreement by and between the
moneys that may be due)without the prior written CONSENT of the parties and supersedes any and all prior negotiations, whether
other party. written or oral.
15. TERMINATION: Either the Owner or the A/E may terminate
this Agreement at any time with or without cause upon giving the 19. AUTHORIZATION: The individual signing this agreement
other party(10)calendar days prior written notice.The Owner shall for and on behalf of both parties represents that he or she is a duly
within thirty(30)calendar days of termination pay the A/E for all authorized agent of his or her respective principal.
services rendered and all costs incurred up to the date of termination,
STANDARD HOURLY RATE SCHEDULE:
Principal 170.00/hr. Survey Department Manager 135.00/hr.
Engineering Department Manager 150.00/hr. Professional Land Surveyor 98.00/hr.
Engineering Project Manager 150.00/hr. Survey Technician 98.00/hr.
Project Engineer 130.00/hr. Survey Crew Party
Design Engineer Chief 98.00/hr.
98.00/hr. 100.00/hr.
Engineering Technician 1 81.00/hr. Survey Crew Tech.W/EDM 98.00/hr.
Engineering Technician II Robotic Laser EDM 98.00/hr.
85.00/hr. GPS Satellite Receiver 196.00/hr.
Construction Manager 93.00/hr. Office Clerical 60.00/hr.
Construction Observer 1 67.00/hr. Office Manager 90.00/hr.
Construction Observer II 70.00/hr.
REIMBURSABLE EXPENSES:
Federal/Airborne Express 30.00/ea. Bond Copy(8'/2x11) 0.300/ea.
Express Messenger 15.00/ea. Bond Copy(8'/2x14) 0.55/ea.
Mileage .57/mi. Bond Copy( 11 x 17) 0.75/ea.
Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea.
Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea
Color Copy(81/2x11) 1.00/ea.
Color Copy(8Vsx14) 1.25/ea
Color Copy( 11 x 17) 1.75/ea
Color Copy(24x36) 4.00/ea
Color Copy(30x42) 9.00/ea
6
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EXHIBIT "C"
ARTICLE 2
FEE ARRANGEMENT&SCHEDULE
2.1 PROFESSIONAL FEES: The A/E agrees to provide the above services on a lump sum(LS)and hourly basis
in addition to reimbursable expenses(See 2.2)as follows:
1.1 Not Used
1.2A Preliminary Design Services $ 3,640.00(LS)
1.2B Construction Drawings and Specifications $29,230.00(LS)
1.2C. Not Used
1.2D Storm Drainage Calculations $ 2,962.00(LS)
1.2E NDOR Permit $ 3,1 14.00(LS)
1.2F Services During the Bidding Phase $ 1,550.00(LS)
1.2G Not Used
1.2H Construction Easements $HOURLY(Estimated at$2,400)
TOTAL $42,896.00
c ZSA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, professional design services are required for the' Florence
Streetscape Improvements project; known as OPW 52938; and,
WHEREAS, Ehrhart Griffin and Associates was selected by the Architects and
Engineers Selection Process and has agreed to perform the services listed in the attached
agreement, which by this reference is made a part hereof; and,
WHEREAS, Ehrhart Griffin and Associates has agreed to perform these services
for a fee not to exceed $42,896.00, which will be paid from the 2010 Transportation Fund 13183,
and Transportation Bonds Organization 117117.
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
Ehrhart Griffin and Associates for professional design services on OPW 52938, being the
Florence Streetscape Improvements project, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee not to exceed
$42,896.00 for these professional design services from the 2010 Transportation Fund 13183, and
Transportation Bonds Organization 117117.
1095tns APPROVED AS TO FORM:
cv,//7:61YZ/2
,QCITY ATTORNEY DATE
By .�D� •#‘47's
Councilmember7
Adopted R — 8 .20. / -
'��,- f�ity�Clerk 3/�Q �7lj
A roved `--��r�L�►�.X
PP
Mayor
pFF
4
NO.
Resolution by
Res. that, as recommended by the Mayor, the
Professional Services Agreement with Ehrhart
Griffin and Associates for professional design
services on OPW 52938, being the Florence
Streetscape Improvements project, is hereby
approved; and that the Finance Department is
authorized to pay a fee not to exceed
$42,896.00 for these professional design
services from the 2010 Transportation Fund
13183, and Transportation Bonds
Organization 117117.
1095Atns
Presented to City Council
MAR 8..20.1.6..........
Adopted ':
gaiter grown
City Clerk