RES 2014-0937 - Interlocal Design Engineering and ROW - Harrison St 147th and 157th ST 4� 8,
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Omaha/Douglas Civic Center
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City of Omaha Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Interlocal Agreement between the City of
Omaha, Sarpy County, Nebraska and Douglas County, Nebraska to provide for cost sharing for
professional services on improvements to Harrison Street, known as Sarpy County project C-
77(09-1). This project is being undertaken as a part of the 2014-2019 Capital Improvements
Program Transportation Project 411.
The Project includes the corridor of Harrison Street from 147th Street to 157th Street, and will be
comprised of the reconstruction of Harrison Street to a four-lane urban roadway section,
including approximately 1/3 mile of 156th Street as it approaches Harrison Street from the north
and south. Sarpy County has provided services as the lead agency and has selected Olsson
Associates as the design engineering firm according to the applicable State and local rules for
procurement. According to the current cost share as listed in the attached Agreement, Omaha
will reimburse Sarpy County for 38% of the cost of the design and right-of-way phase services,
currently estimated at $869,500.00. Omaha's cost share, currently estimated to be $330,410.00,
is to be paid from the 2010 Transportation Bond Fund 13183, Organization 117117.
The Public Works Department requests your consideration and approval of the attached
Resolution and Interlocal Agreement.
Respectfully submitted, Referred to City Council for Consideration:
Oo-4-t-4--e-14kao-,-Lr - 7-Y- f`i Let,— 7//(a/ /4/
Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding:
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. Curtiss ate
Finance Director
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INTERLOCAL COOPERATION AGREEMENT FOR PROFESSIONAL
SERVICES FOR THE DESIGN OF HARRISON STREET 147TH TO 157TH
STREET
This Agreement is by and between the County of Sarpy, Nebraska and the
County of Douglas and the City of Omaha, Nebraska.
WHEREAS, the parties hereto are political subdivisions, duly authorized and
existing under the laws of the State of Nebraska; and,
WHEREAS, the population growth in the area of Harrison Street between 144th
and 157th Street has created an increased volume of traffic; and,
WHEREAS, the Parties wish to engage a consultant to provide professional
services to produce and provide a complete set of construction plans including right of
way plans for the reconstruction of Harrison Street between 144th to 157th Street in
northern Sarpy County, and
WHEREAS, pursuant to the Interlocal Cooperation Act, Neb. Rev. Stat. § 13-801,
et seq. (Reissue 2012), the Parties wish to permit their local government units to make
the most efficient use of their powers by enabling them to cooperate with each other on
a basis of mutual advantage and thereby to provide services and facilities in a manner
and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and
development of local communities;
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES,
PURSUANT TO NEB. REV. STAT. § 13-807 (REISSUE 2012), AS FOLLOWS:
I. This Agreement shall expire upon the performance of all the obligations of the
parties as described herein.
II. No separate legal or administrative entity will be created hereunder. Existing
agents of the respective Parties will complete the terms of this contract. It shall
be administered jointly by the parties, through a representative to be designated
by each party. There shall be no jointly held property as a result of this
Agreement. Each party shall separately finance and budget its own obligations
under this Agreement. This Agreement does not authorize the levying, collecting
or accounting of any tax.
III. The purpose of this Agreement is to share the cost for Professional Services to
provide and produce a set of construction plans including right of way for the
reconstruction of Harrison Street between 144th to 157th Street which resides in
the jurisdiction of the parties, hereinafter "The Project." Attached as exhibit "A" is
a proposal for The Project, the description of which is incorporated herein by
reference.
IV. The Project will be financed as may be provided for by law for each of the
respective Parties. This Agreement may be amended as may be required for
purposes of aiding a party hereto in financing its obligations under this
Agreement.
V. Termination of this Agreement shall properly occur on the completion of the
Project.
VI. Sarpy County shall serve as the lead agent for the purposes of completion of the
Project. A consultant has been selected for the professional services as shown
in Exhibit "A", and Sarpy County shall enter into the appropriate contract with
said consultant. Said contract for professional services shall be in conformance
with the terms of Exhibit "A". Sarpy County shall be responsible for payments
due to said consultant under said contract, but shall be entitled to partial
reimbursement of said payments as described in paragraph VII below.
VII. The cost of this project shall not exceed $ 869,500.00 without prior approval of
the parties ,Sarpy County to pay 50%, Douglas County to pay 12% and the City
of Omaha to pay 38°A° of the project costs.
VIII. At such time as any payment is required to be paid to the consultant pursuant to
the contract described in paragraph VI above, Sarpy County shall provide notice
to each Party of the date and amount said payment is due. Each Party shall
make the required payment within 30 days of the receipt of said notice.
IX. Pursuant to Neb. Rev. Stat. § 13-804 (5) (Reissue 2012), the Parties hereto
acknowledge, stipulate, and agree that this Contract shall not relieve any public
agency of any obligation or responsibility imposed upon it by law.
X. Pursuant to Neb. Rev. Stat. § 23-3113 (Reissue 2012), the Parties hereto
declare and affirm that no officer, member, or employee, and no member of their
governing bodies, and no other public official of parties who exercises any
functions or responsibilities in the review or approval of the undertaking
described in this Agreement or the performing of either Parties' obligations
pursuant to this Agreement, nor any partnership, or association in which he or
she is directly or indirectly interested, shall have any personal or financial interest
in the Agreement; nor shall any employee, nor any member of their governing
bodies, have any interest, direct or indirect, in this Agreement or the proceeds
thereof.
Xl. It is understood and agreed by the Parties hereto that if any part, term, condition
or provision of this Agreement is held to be illegal or in conflict with any law of
this State or of the United States, the validity of the remaining parties, terms,
conditions or provisions shall not be affected, and the rights and obligations of
the Parties shall be construed and enforced as if the contract did not contain the
particular part, term, condition or provisions held to be invalid.
XII. Drug-Free Workplace. The parties hereto certify that they maintain a drug-free
workplace environment to ensure worker safety and workplace integrity.
XIII. Public Employer. Pursuant to and in order to be in compliance with Neb. Rev.
Stat.§ 4-114(2), each Party hereby agrees to use a federal immigration
verification system, as that system is described in the Illegal Immigration Reform
and Immigration Responsibility Act of 1996, to determine the work eligibility
status of new employees physically performing services within the State of
Nebraska.
XIV. Non Discrimination. The parties hereto agree that they and their sub-contractors
will not discriminate against any employee or applicant for employment to be
employed in the performance of this contract with respect to his hire and
conditions of employment because of his race, color, religion, sex, disability, or
national origin.
IN WITNESS WHEREOF, we, the contracting parties, by our
respective and duly authorized agents, hereto affix our signatures and seals this
day of , 2014.
COUNTY OF SARPY, NEBRASKA,
... A Body Politic and Corporate.
SEAL :
f
ByL jayt�(
SarpyCounty ' ". I1 �T aIrma , ar unty Board
f Commissioners
Approved as to form and content:
Deputy County Attorney
CITY OF OMAHA, NEBRASKA,
(Seal)
ATTES ,,..-
i474 ‘L° 1---21/,//01 74/1,t
Clerk Mayor
Approved
as to form and content:
City Attorney/Assistant
COUNTY OF DOUGLAS, NEBRASKA,
A Body Politic and Corporate.
(Seal)
ATTEST:
By
Clerk Chair
Approved as to form and content:
Deputy County Attorney
Exhibit "A" 2014-174
BOARD OF COUNTY COMMISSIONERS
SARPY COUNTY, NEBRASKA
RESOLUTION AUTHORIZING AGREEMENT WITH OLSSON ASSOCIATES INC. FOR
PROFESSIONAL SERVICES FOR SARPY COUNTY PROJECT C-77(09-1) HARRISON STREET
FROM 147" STREET TO 157" STREET
WHEREAS, pursuant to Neb. Rev. Stat. § 23-104 (Reissue 2012), the County has the power to do all
acts in relation to the concerns of the County necessary to the exercise of its corporate powers;
WHEREAS, pursuant to Neb. Rev. Stat. § 23-103 (Reissue 2012), the powers of the County as a body
are exercised by the County Board;
WHEREAS, general supervision and control of the public roads of each county is vested in the County
Board by virtue of Neb. Rev. Stat. § 39-1402 (Reissue 2012);
WHEREAS, Sarpy County desires to enter into an agreement ("Agreement") with the firm of OLSSON
ASSOCIATES INC for professional engineering services in conjunction with the design and development of
Construction documents for Harrison Street from 147th Street to 157th Street in Sarpy County;
WHEREAS, the Agreement is for services that are unique, non-competitive, and professional; and
WHEREAS, entering into the Agreement with OLSSON ASSOCIATES INC is in the best interests of
the citizens of Sarpy County.
NOW, THEREFORE, BE IT RESOLVED BY THE SARPY COUNTY BOARD OF
COMMISSIONERS THAT this Board hereby approves and adopts the Agreement for professional services
with OLSSON ASSOCIATES INC, a copy of which is attached hereto, and any other related documents, the
same being approved and adopted by the Board.
BE IT FURTHER RESOLVED that the Chairman of this Board, together with the County Clerk are
hereby authorized to execute on behalf of this Board, the Agreement.
The above Resolution was approved by a vote of the Sarpy ogy Board of Commissioners at a public
meeting duly held in accordance with applicable law on the ( j day of
2014.
•.
Sarp ount i�Chairman
•
Attest: ?ti AL "`
SEAL ...
Cou
Exhibit "A"
0\
LETTER AGREEMENT
FOR PROFESSIONAL SERVICES
May 2, 2014
Sarpy County NE
Attn: Bill Herr
1210 Golden Gate Dr.
Suite 1129
Papillion, NE 68046
Re: LETTER AGREEMENT FOR PROFESSIONAL SERVICES
Sarpy County— Harrison Street Improvements Project No. C77(09-1) (the"Project")
147'"Street to 157'h Street
Dear Mr. Herr:
It is our understanding that Sarpy County NE ("Client") requests Olsson Associates, Inc.
("Olsson") to perform the services described herein pursuant to the terms of this Letter
Agreement for Professional Services, Olsson's General Provisions and any exhibits attached
hereto (all documents constitute and are referred to herein as the "Agreement")for the Project.
Olsson has acquainted itself with the information provided by Client relative to the Project and
based upon such information offers to provide the services described below for the Project.
Client warrants that it is either the legal owner of the property to be improved by this Project or
that Client is acting as the duly authorized agent of the legal owner of such property. Client
acknowledges that it has reviewed the General Provisions and any exhibits attached hereto,
which are expressly made a part of and incorporated into the Agreement by this reference. In
the event of any conflict or inconsistency between this Letter Agreement, and the General
Provisions regarding the services to be performed by Olsson, the terms of the General
Provisions shall take precedence.
Olsson shall provide the following services ("Scope of Services") to Client for the Project: as
more specifically described in "Scope of Services" attached hereto. Should Client request work
in addition to the Scope of Services, Olsson shall invoice Client for such additional services
(Optional Additional Services) at the standard hourly billing labor rate charged for those
employees actually performing the work, plus reimbursable expenses if any. Olsson shall not
commence work on Optional Additional Services without Client's prior written approval.
Olsson agrees to provide all of its services in a timely, competent and professional manner, in
accordance with applicable standards of care, for projects of similar geographic location, quality
and scope.
2111 South 67th Street,Suite 200 TEL 402.341.1116
Omaha, NE 68106 FAX 402.341.5895 www.olssonassociates.com
SCHEDULE FOR OLSSON'S SERVICES
Unless otherwise agreed, Olsson expects to perform its services under the Agreement as
follows:
Anticipated Start Date: May 2014
Anticipated Completion Date: August 2016
Olsson will endeavor to start its services on the Anticipated Start Date and to complete its
services on the Anticipated Completion Date. However, the Anticipated Start Date, the
Anticipated Completion Date, and any milestone dates are approximate only, and Olsson
reserves the right to adjust its schedule and any or all of those dates at its sole discretion, for
any reason, including, but not limited to, delays caused by Client or delays caused by third
parties.
COMPENSATION
Client shall pay to Olsson for the performance of the Scope of Services, the actual time of
personnel performing such services, and all actual reimbursable expenses in accordance with
the Labor Rate Schedule and the Reimbursable Expense Schedule attached to this Agreement.
Olsson shall submit invoices on a monthly basis and payment is due within 30 calendar days of
invoice date.
If applicable: Olsson's Scope of Services will be provided on a time and expense basis not to
exceed $869,500.00.
TERMS AND CONDITIONS OF SERVICE
We have discussed with you the risks, rewards and benefits of the Project, the Scope of
Services, and our fees for such services and the Agreement represents the entire
understanding between Client and Olsson with respect to the Project. The Agreement may only
be modified in writing signed by both parties.
Client's designated Project Representative shall be Bill Herr.
If this Agreement satisfactorily sets forth your understanding of our agreement, please sign in
the space provided below. Retain one original for your files and return an executed original to
Olsson. This proposal will be open for acceptance for a period of 30 days from the date set
forth above, unless changed by us in writing.
OLSSON ASSOCIATES, INC.
By 10/ . 7" By
Michael C. Piernicky PE, PTOE thony E elh , PE/1
Vice President Senior Engineer e •
By signing below, you acknowledge that you have full authority to bind Client to the terms of the
Agreement. If you accept the terms set forth herein, please sign:
SARPY COUNTY NE
BY ( i/- `
Signature
Print Name U ►M I YNDmps-Dn
Title Cr l(-1 r'(10CL1r1 Dated 5 " 1 3- 14
Attachments
General Provisions
Scope of Services
Schedule R1
WHE Spreadsheet
Supplemental Provisions
F:\Projects\P13-0586\2014.05.02 Sarpy County Letter Agreement.doc
GENERAL PROVISIONS
These General Provisions are attached to and made a part of economic evaluations or; feasibility studies, appraisals or
the respective Letter Agreement or Master Agreement, dated valuations.
May 2, 2014 between Sarpy County NE ("Client") and Olsson
Associates, Inc. ("Olsson") for professional services in 2.2.8 Furnishing the services of independent
connection with the project or projects arising under such professional associates or consultants for work beyond the
Letter Agreement or Master Agreement(the"Project(s)"). Scope of Services.
As used herein, the term "this Agreement" refers to these 2.2.9 Services necessary due to the Client's award
General Provisions,the applicable Letter Agreement or Master of more than one prime contract for the Project(s); services
Agreement, and any other exhibits or attachments thereto as if necessary due to the construction contract containing cost plus
they were part of one and the same document. or incentive-savings provisions; services necessary in order to
arrange for performance by persons other than the prime
SECTION 1—OLSSON'S SCOPE OF SERVICES contractor; or those services necessary to administer Client's
contract(s).
Olsson's scope of services for the Project(s) is set forth in the
applicable Letter Agreement or Master Agreement ("Scope of 2 2.10 Services in connection with staking out the
Services"). work of contractor(s).
SECTION 2—ADDITIONAL SERVICES 2.2.11 Services during out-of-town travel or visits to
the site beyond those specifically identified in this Agreement.
2.1 Unless otherwise expressly included, Scope of
Services does not include the categories of additional services 2.2.12 Preparation of operating and maintenance •
set forth in Sections 2.2 and 2.3. manuals.
2.2 If Client and Olsson mutually agree for Olsson to 2.2.13 Services to redesign some or all of the
perform any optional additional services as set forth in this Project(s).
Section 2.2 ("Optional Additional Services"), Client will provide
written approval of the agreed-upon Optional Additional 2.2.14 Preparing to serve or serving as a consultant
Services, and Olsson shall perform or obtain from others such or witness or assisting Client with any litigation, arbitration or
services and will be entitled to an increase in compensation at other legal or administrative proceeding.
rates provided in this Agreement. Olsson may elect not to
perform all or any of the Optional Additional Services without 2.2.15 Services relating to Construction Observation,
cause or explanation' Certification, Inspection, Construction Cost Estimating, project
observation, construction management, construction
2.2.1 Preparation of applications and supporting scheduling, construction phasing or review of Contractor's
documents for governmental financial support of the Project(s); performance means or methods.
preparation or review of environmental studies and related
services;and assistance in obtaining environmental approvals. 2.3 Whenever, in its sole discretion, Olsson determines
additional services as set forth in this Section 2.3 are
2.2.2 Services to make measured drawings of or to necessary to avoid a delay in the completion of the Project(s)
investigate existing conditions of facilities. ("Necessary Additional Services"), Olsson shall perform or
obtain from others such services without waiting for specific
2.2.3 Services resulting from changes in the general instructions from Client, and Olsson will be entitled to an
scope,extent or character of the Project(s)or major changes in increase in compensation for such services at the standard
documentation previously accepted by Client where changes hourly billing rate charged for those employees performing the
are due to causes beyond Olsson's control. services,plus reimbursable expenses,if any:
2.2.4 Services resulting from the discovery of 2.3.1 Services in connection with work directive
conditions or circumstances which were not contemplated by changes and/or change orders directed by the Client to any
Olsson at the commencement of this Agreement. Olsson shall contractors.
notify Client of the newly discovered conditions or
circumstances and Client and Olsson shall renegotiate,in good 2.3.2 Services in making revisions to drawings and
faith, the compensation for this Agreement. if amended terms specifications occasioned by the acceptance of substitutions
cannot be agreed upon, Olsson may terminate this Agreement proposed by contractor(s); services after the award of each
and Olsson shall be paid for its services through the date of contract in evaluating and determining the acceptability of an
termination.
unreasonable or excessive number of substitutions proposed
2.2.5 Providing renderings or models. by contractor(s); or evaluating an unreasonable or extensive
number of claims submitted by contractor(s) or others in
2.2.6 Preparing documents for alternate bids
connection with the Project(s).
requested by Client. 2.3.3 Services resulting from significant delays,
2.2.7 Analysis of operations, maintenance or changes or price increases occurring as a direct or indirect
overhead expenses; value engineering; the preparation of rate result of material,equipment or energy shortages.
schedules; earnings or expense statements; cash flow or
Page 1 of 8 19-3868.01
2.3.4 Additional or extended services during 3.4.2 Guarantee access to and make all provisions
construction made necessary by (1) work damaged during for Olsson to enter upon public and private property reasonably
construction, (2) a defective, inefficient or neglected work by necessary to perform its services on the Project(s).
any contractor, (3) acceleration of the progress schedule
involving services beyond normal working hours, or (4)default 3 4.3 Provide such legal, accounting, independent
by any contractor. cost estimating or insurance counseling services as may be
required for the Project(s); any auditing service required in
SECTION 3—CLIENT'S RESPONSIBILITIES respect of contractor(s)' applications for payment; and/or any
inspection services to determine if contractor(s)are performing
3.1. Client shall provide all criteria and full information as the work legally.
to Client's requirements for the Project(s); designate and
identify in writing a person to act with authority on Client's 3.4.4 Provide engineering surveys to establish
behalf in respect of all aspects of the Project(s); examine and reference points for construction unless specifically included in
respond promptly to Otsson's submissions; and give prompt Olsson's Scope of Services.
written notice to Olsson whenever Client observes or otherwise
becomes aware of any defect in the Olsson's services 3.4.5 Furnish approvals and permits from all
governmental authorities having jurisdiction over the Project(s).
3.2 Client agrees to pay Olsson the amounts due for
services rendered and expenses within thirty (30) days after 3.4.6 If more than one prime contractor is to be
Olsson has provided its invoice for such services. In the event awarded the contract for construction, designate a party to
Client disputes any invoice item, Client shall give Olsson written have responsibility and authority for coordinating and
notice of such disputed item within fifteen(15)days after receipt interfacing the activities of the various prime contractors.
of such invoice and shall pay to Olsson the undisputed portion of
the invoice according to the provisions hereof. If Client fails to 3.5 Client shall pay all costs incident to obtaining bids or
pay any invoiced amounts when due, interest wilt accrue on proposals from contractor(s).
each unpaid amount at the rate of thirteen percent (13%) per
annum from the date due until paid according to the provisions 3.6 Client shall pay all permit application review costs for
of this Agreement. Interest shall not be charged on any disputed government authorities having jurisdiction over the Project(s).
invoice item which is finally resolved in Client's favor. Payment of
interest shall not excuse or cure any default or delay in payment 3.7 Contemporaneously with the execution of this
of amounts due. Agreement,Client shall designate in writing an individual to act
as its duly authorized Project(s)representative.
3.2.1 If Client fails to make any payment due Olsson
for services and expenses within thirty (30) days after receipt 3.8 Client shall bear sole responsibility for:
of Olsson's statement therefore, Olsson may, after giving
seven (7) days written notice to Client, suspend services to 3.8.1 Jobsite safety. Neither the professional
Client under this Agreement until Olsson has been paid in full activities of Olsson, nor the presence of Olsson or its
all amounts due for services,expenses and charges and Client employees or sub-consultants at the Project shall impose any
will not obtain any license to any Work Product or be entitled to duty on Olsson relating to any health or safety laws.
retain or use any Work Product pursuant to Section 7.1 unless regulations,rules, programs or procedures.
and until Olsson has been paid in full and Client has fully
satisfied all of its obligations under this Agreement_
3.8.2 Notifying third parties including any
3.3 Payments to Olsson shalt not be withheld, postponed governmental agency or prospective purchaser, of the
or made contingent on the construction, completion or success existence of any hazardous or dangerous materials located in
of the Project(s) or upon receipt by the Client of offsetting or around the Project(s)site.
reimbursements or credit from other parties who may have
caused the need for additional services. No withholdings, 3.8.3 Providing and updating Olsson with accurate
deductions or offsets shall be made from Olsson's information regarding existing conditions, including the
compensation for any reason unless and until Olsson has been existence of hazardous or dangerous materials, proposed
found to be legally liable for such amounts. Project(s) site uses, any change in Project(s) plans, and all
subsurface installations, such as pipes, tanks, cables and
3.4 Client shall also do the following and pay all costs utilities within the Project(s)site.
incident thereto:
3.9 Client releases Olsson from liability for any incorrect
3.4.1 Furnish to Olsson any existing and/or required advice, judgment or decision based on inaccurate information
borings, probings or subsurface explorations; hydrographic furnished by Client or others.
surveys; laboratory tests or inspections of samples, materials
or equipment; appropriate professional interpretations of any of 3.10 If reasonable precautions will be inadequate to
the foregoing; environmental assessment and impact prevent foreseeable bodily injury or death to persons resulting
statements; property, boundary, easement, right-of-way, from a material or substance, including hazardous materials,
topographic or utility surveys; property descriptions; and/or encountered on the site, Olsson may immediately stop work in
zoning or deed restrictions; all of which Olsson may rely upon the affected area and report the condition to Client. Client shall
in performing services hereunder. be solely responsible for retaining independent consultant(s)to
determine the nature of the material and to abate or remove
the material. Olsson shall not be required to perform any
services or work relating to or in the area of such material until
Page 2 of 8 19-3868.01
•
the material has been removed or rendered harmless and only contractor(s) or any subcontractor(s). Olsson shall sign pre-
after approval, if necessary of the government agency with printed form certifications only if (a)Olsson approves the form
jurisdiction. of such certification prior to the commencement of its services,
(b) such certification is expressly included in the Scope of
3.11 Providing and assuming all responsibility for: Services, (c) the certification is limited to a statement of
interpretation of contract documents; Construction professional opinion and does not constitute a warranty or
Observations; Certifications; Inspections; Construction Cost guarantee, express or implied. It is understood that any
Estimating; project observations; construction management; certification,by Olsson shall not relieve the Client or the Client's
construction scheduling; construction phasing; and review of contractors of any responsibility or obligation they may have by
Contractor's performance,means and methods. Client waives industry custom or under any contract.
any claims against Olsson and releases Olsson from liability
relating to or arising out of such services and agrees, to the 4.4 "Construction Cost Estimate": An opinion of probable
fullest extent permitted by law, to indemnify and hold Olsson construction cost made by Olsson. In providing opinions of
harmless from any and all damages, liabilities or costs, probable construction cost, it is recognized that neither the
including reasonable attorneys' tees and defense costs, Client nor Olsson has control over the costs of labor,
relating to such actions and services. equipment or materials, or over the contractors methods of
determining prices or bidding. The opinion of probable
SECTION 4—MEANING OF TERMS construction costs is based on Olsson's reasonable
professional judgment and experience and does not constitute
4.1 The "Cost of Construction" of the entire Project(s) a warranty,express or implied,that the contractor's bids or the
(herein referred to as "Cost of Construction") means the total negotiated price of the work on the Project(s)will not vary from
cost to Client of those portions of the entire Project(s)designed the Client's budget or from any opinion of probable cost
and specified by Olsson, but it will not include Olsson's prepared by Olsson_
compensation and expenses,the cost of land, rights-of-way,or
compensation for or damages to, properties unless this 4.5 "Day': A calendar day of 24 hours. The term "days"
Agreement so specifies, nor will it include Client's legal, shall mean consecutive calendar days of 24 hours each, or
accounting, insurance counseling or auditing services, or fraction thereof.
interest and financing charges incurred in connection with the
Project(s)or the cost of other services to be provided by others 4.6 "Construction Observation": If included in the Scope
to Client pursuant to Section 3. of Services, such services during construction shall be limited
to periodic visual observation and testing of the work to
4.2 The "Salary Costs": Used as a basis for payment determine that the observed work generally conforms to the
mean salaries and wages (base and incentive) paid to all contract documents. Olsson shall not be responsible for
Olsson's personnel engaged directly on the Project(s), constant or exhaustive observation of the work. Client
including, but not limited to, engineers, architects, surveyors, understands and agrees that such visual observations are
designees, draftsmen, specification writers, estimators, other discrete sampling procedures and that such procedures
technical and business personnel; plus the cost of customary indicate conditions that exist only at the locations and times the
and statutory benefits, including, but not limited to, social observations were performed. Performance of Construction
security contributions, unemployment, excise and payroll Observation services does not constitute a warranty or
taxes,workers' compensation, health and retirement benefits, guarantee of any type, since even with diligent observation,
sick leave,vacation and holiday pay and other group benefits. some construction defects, deficiencies or omissions in the
work may occur. Olsson shall have no responsibility for the
4.3 "Certify" or "a Certification": If included in the Scope means, methods, techniques, sequences or procedures
of Services, such services shall be limited to a statement of selected by the contractor or for the contractor's safety
Olsson's opinion, to the best of Olsson's professional precautions and programs nor for failure by the contractor to
knowledge, information and belief, based upon its periodic comply with any laws or regulations relating to the performance
observations and reasonable review of reports and tests or furnishing of any work by the contractor. Client shall hold its
created by Olsson or provided to Olsson. Olsson shall not be contractor(s)solely responsible for the quality and completion
responsible for constant or exhaustive observation of the work. of the Project(s), including construction in accordance with the
Client understands and agrees that any certifications based construction documents.Any duty under this Agreement is for
upon discrete sampling observations and that such the sole benefit of the Client and not for any third party,
observations indicate conditions that exist only at the locations including the contractor or any subcontractor. Client, or its
and times the observations were performed. Performance of designees shall notify Olsson at least twenty-four(24)hours in
such observation services and certification does not constitute advance of any field tests and observations required by the
a warranty or guarantee of any type, since even with diligent construction documents.
observation, some construction defects, deficiencies or
omissions in the work may occur. Olsson shall have no 4.7 "Inspect" or "Inspection": If included in the Scope of
responsibility for the means, methods, techniques, sequences Services, such services shall be limited to the periodic visual
or procedures selected by the contractor(s) or for the observation of the contractor's completed work to permit
contractor's safety precautions and programs nor for failure by Olsson, as an experienced and qualified professional, to
the contractor(s)to comply with any laws or regulations relating determine that the observed work, generally conforms to the
to the performance or furnishing of any work by the contract documents. Olsson shall not be responsible for
contractor(s). Client shall hold its contractor(s) solely constant or exhaustive observation of the work. Client
responsible for the quality and completion of the Project(s), understands and agrees that such visual observations are
including construction in accordance with the construction discrete sampling procedures and that such procedures
documents. Any duty under this Agreement is for the sole indicate conditions that exist only at the locations and times the
benefit of the Client and not for any third party, including the observations were performed. Performance of such
Page 3 of 8 19-3868.01
observation services does not constitute a warranty or incurred by Olsson in connection with the orderly termination of
guarantee of any type, since even with diligent observation, this Agreement, including but not limited to demobilization,
some construction defects, deficiencies or omissions in the reassignment of personnel, associated overhead costs, any
work may occur. Olsson shall have no responsibility for the fees, costs or expenses incurred by Olsson in preparing or
means, methods, techniques, sequences or procedures negotiating any proposals submitted to Client for Olsson's
selected by the contractor(s) or for the contractor's safety Scope of Services or Optional Additional Services under this
precautions and programs nor for failure by the contractor(s)to Agreement and all other expenses directly resulting from the
comply with any laws or regulations relating to the performance termination and a reasonable profit of ten percent (10%) of
or furnishing of any work by the contractor(s). Client shall hold Olsson's actual costs(including overhead)incurred.
its contractor(s) solely responsible for the quality and
completion of the Project(s), including construction in SECTION 6—DISPUTE RESOLUTION
accordance with the construction documents. Any duty under
this Agreement is for the sole benefit of the Client and not for 6.1. Mediation
any third party, including the contractor(s) or any
subcontractor(s).Client,or its designees,shaft notify Olsson at 6.1.1 All questions in dispute under this Agreement
least twenty-four (24) hours in advance of any inspections shall be submitted to mediation. On the written notice of either
required by the construction documents. party to the other of the election to submit any dispute under
this Agreement to mediation, each party shall designate their
4.8 "Record Documents': Drawings prepared by Olsson representatives and shall meet within ten (10) days after the
upon the completion of construction based upon the drawings service of the notice.The parties themselves shall then attempt
and other data furnished to Olsson by the Contractor and to resolve the dispute within ten(10)days of meeting.
others showing significant changes in the work on the
Project(s) made during construction. Because Record 6.1.2 Should the parties themselves be unable to
Documents are prepared based on unverified information agree on a resolution of the dispute, and then the parties shall
provided by others, Olsson makes no warranty of the accuracy appoint a third party who shall be a competent and impartial
or completeness of the Record Documents. party and who shall be acceptable to each party, to mediate
the dispute. Any third party mediator shall be qualified to
SECTION 5—TERMINATION evaluate the performance of both of the parties, and shall be
familiar with the design and construction progress. The third
5.1 Either party may terminate this Agreement, for cause party shall meet to hear the dispute within ten(10)days of their
upon giving the other party not less than seven (7) calendar selection and shall attempt to resolve the dispute within fifteen
days written notice of default for any of the following reasons; (15)days of first meeting.
provided, however, that the notified party shall have the same
seven(7)calendar day period in which to cure the default: 6.1.3 Each party shall pay the lees and expenses of
the third party mediator and such costs shall be borne equally
5.1.1 Substantial failure by the other party to perform by both parties.
in accordance with the terms of this Agreement and through no
fault of the terminating party; 6.2 Arbitration or Litigation
5.1.2 Assignment of this Agreement or transfer of the 6.2.1 Olsson and Client agree that from time to time,
Project(s) by either party to any other entity without the prior there may be conflicts, disputes and/or disagreements
written consent of the other party: between them, arising out of or relating to the services of
Olsson, the Project(s), or this Agreement (hereinafter
5.1.3 Suspension of the Project(s) or Olsson's collectively referred to as 'Disputes") which may not be
services by the Client for more than ninety(90)calendar days, resolved through mediation. Therefore, Olsson and Client
consecutive or in the aggregate. agree that all Disputes shall be resolved by binding arbitration
or litigation at the sole discretion and choice of Olsson. If
5.2 In the event of a "for cause" termination of this Olsson chooses arbitration, the arbitration proceeding shall
Agreement by either party, the Client shall, within fifteen (15) proceed in accordance with the Construction Industry
calendar days after receiving Olsson's final invoice,pay Olsson Arbitration Rules of the AAA.
for all services rendered and all reimbursable costs incurred by
Olsson up to the date of termination, in accordance with the 6.2.2 Client hereby agrees that Olsson shall have
payment provisions of this Agreement. the right to include Client, by consolidation, joinder or other
manner, in any arbitration or litigation involving Olsson and a
5.2.1 In the event of a 'for cause' termination of this subconsultant or subcontractor of Olsson or Olsson and any
Agreement by Client and (a)a final determination of default is other person or entity, regardless of who originally initiated
entered against Olsson under Section 6.2 and (b) Client has such proceedings.
fully satisfied all of its obligations under this Agreement,Olsson
shall grant Client a limited license to use the Work Product 6.2.3 If Olsson chooses arbitration or litigation,either
pursuant to Section 7.1. may be commenced at any time prior to or after completion of
the Project(s), provided that if arbitration or litigation is
5.3 The Client may terminate this Agreement for the commenced prior to the completion of the Project(s), the
Client's convenience and without cause upon giving Olsson not obligations of the parties under the terms of this Agreement
less than seven (7)calendar days written notice. In the event shall not be altered by reason of the arbitration or litigation
of any termination that is not the fault of Olsson, the Client being conducted. Any arbitration hearings or litigation shall
shall pay Olsson, in addition to payment for services rendered take place in Lincoln, Nebraska, the location of Olsson's home
and reimbursable costs incurred, for all expenses reasonably office.
Page 4 of 8 19-3868 01
6.2.4 The prevailing party in any arbitration or signed and sealed original documents shall govern. Olsson
litigation relating to any Dispute shall be entitled to recover specifically disclaims all warranties, expressed or implied,
from the other party those reasonable attorney fees,costs and including without limitation,and any warranty of merchantability
expenses incurred by the prevailing party in connection with or fitness for a particular purpose with respect to any electronic
the Dispute. files.It shall be Client's responsibility to confirm the accuracy of
the information contained in the electronic fife and that it
SECTION 7—MISCELLANEOUS accurately reflects the information needed by the Client. Client
shall not retransmit any electronic files, or any portion thereof,
7.1 Reuse of Documents without including this disclaimer as part of any such
transmissions. to addition, Client agrees, to the fullest extent
All documents, including drawings, specifications, reports, permitted by law, to indemnify and hold harmless Olsson, its
boring logs, maps, field data, data, test results, information, officers, directors, employees and sub consultants against any
recommendations,or opinions prepared or furnished by Olsson and all damages, liabilities, claims or costs, including
(and Olsson's independent professional associates and reasonable attorney's and expert witness fees and defense
consultants) pursuant to this Agreement ("Work Product"), are costs, arising from any changes made by anyone other than
all Olsson's instruments of service, do not constitute goods or Olsson or from any reuse of the electronic files without the
products, and are copyrighted works of Olsson. Olsson shall prior written consent of Olsson.
retain an ownership and property interest in such Work Product
whether or not the Projects) is completed. if Client has fully 7.3 Construction Cost Estimate
satisfied all of its obligations under this Agreement, Olsson
shall grant Client a limited license to use the Work Product and Since Olsson has no control over the cost of labor, materials,
Client may make and retain copies of Work Product for use in equipment or services furnished by others, or over the
connection with the Project(s); however, such Work Product is contractor(s)' methods of determining prices, or over
for the exclusive use and benefit of Client or its agents in competitive bidding or market conditions, Olsson's
connection with the Project(s), are not intended to inform, Construction Cost Estimate provided for herein is made on the
guide or otherwise influence any other entities or persons with basis of Olsson's experience and qualifications and represent
respect to any particular business transactions, and should not Olsson's best judgment as an experienced and qualified
be relied upon by any entities or persons other than Client or professional engineer, familiar with the construction industry.
its agents for any purpose other than the Project(s).Such Work Client acknowledges and agrees that Olsson cannot and does
Product is not intended or represented to be suitable for reuse not guarantee proposals or bids and that actual total Project(s)
by Client or others on extensions of the Project(s) or on any or construction costs may reasonably vary from Olsson's
other Project(s). Client will not distribute or convey such Work Construction Cost Estimate. If prior to the bidding or
Product to any other persons or entities without Olsson's prior negotiating phase Client wishes greater assurance as to total
written consent which shall include a release of Olsson from Project(s) or construction costs, Client shall employ an
liability and indemnification by the third party. Any reuse of independent cost estimator as provided in paragraph 3,4.3. If
Work Product without written verification or adaptation by Olsson's Construction Cost Estimate was performed in
Olsson for the specific purpose intended will be at Client's sole accordance with its standard of care and was reasonable
risk and without liability or legal exposure to Olsson, or to under the total circumstances, any services performed by
Olsson's independent professional associates or consultants, Olsson to modify the contract documents to bring the
and Client shall indemnify and hold harmless Olsson and construction cost within any limitation established by Client will
Olsson's independent professional associates and consultants be considered Optional Additional Services and paid for as
from all claims, damages, losses and expenses including such by Client. If, however, Olsson's Construction Cost
attorneys' fees arising out of or resulting therefrom. Any such Estimate was not performed in accordance with its standard of
verification or adaptation of Work Product will entitle Olsson to care and was unreasonable under the total circumstances and
further compensation at rates to be agreed upon by Client and the lowest negotiated bid for construction of the Project(s)
Olsson. unreasonably exceeds Olsson's Construction Cost Estimate,
Olsson shall modify its work as necessary to adjust the
7.2 Electronic Files Project(s)' size, and/or quality to reasonably comply with the
Client's budget at no additional cost to Client. Under such
By accepting and utilizing any electronic file of any Work circumstances, Olsson's modification of its work at no cost
Product or other data transmitted by Olsson, the Client agrees shall be the limit of Olsson's responsibility with regard to any
for itself, its successors, assigns, insurers and all those unreasonable Construction Cost Estimate.
claiming under or through it, that by using any of the
information contained in the attached electronic file, all users 7.4 Prevailing Wages
agree to be bound by the following terms.All of the information
contained in any electronic file is the work product and It is Client's responsibility to determine whether the Project(s)
instrument of service of Olsson, who shall be deemed the is covered under any prevailing wage regulations. Unless
author. and shall retain all common law, statutory law and Client specifically informs Olsson in writing that the Project(s)
other rights, including copyrights, unless the same have is a prevailing wage project and is identified as such in the
previously been transferred in writing to the Client. The Scope of Services. Client agrees to reimburse Olsson and to
information contained in any electronic file is provided for the defend, indemnify and hold harmless Olsson from and against
convenience to the Client and is provided in "as is"condition. any liability,including costs.fines and attorneys'fees,resulting
The Client is aware that differences may exist between the from a subsequent determination that the Project(s) was
electronic files transferred and the printed hard-copy original covered under any prevailing wage regulations.
signed and stamped drawings or reports. In the event of a
conflict between the signed original documents prepared by
Olsson and the electronic files, which may be transferred, the
Page 5 of 8 19-3868.01
7.5 Samples 7 8.3.2 is or becomes publicly available by other
than unauthorized disclosures,or
All material testing samples shall remain the property of the
Client. If appropriate, Olsson shall preserve samples obtained 7.8.3 3 is independently developed by the
no longer than forty-five (45) days after the issuance of any Receiving Party without a breach of this Agreement;or
document that includes the data obtained from those samples
After that date, Olsson may dispose of the samples or return 7.8.3.4 is disclosed to third parties by the
them to Client at Client's cost Disclosing Party without restrictions;or
7.6 Standard of Care 7.8.3.5 is received from a third party not subject to
any confidentiality obligations
Olsson will strive to perform its services in a manner consistent
with that level of care and skill ordinarily exercised by members 7.8.4 In the event that the Receiving Party is
of Olsson's profession providing similar services in the same required by law or legal process to disclose any of Information
locality under similar circumstances at the time Olsson's of the Disclosing Party, the Receiving Party required to
services are performed. This Agreement creates no other disclose such Information shall provide the Disclosing Party
representation,warranty or guarantee,express or implied. with prompt oral and written notice, unless notice is prohibited
by law(in which case such notice shall be provided as early as
7.7 Force Majeure may be legally permissible), of any such requirement so that
the Disclosing Party may seek a protective order or other
Any delay in the performance of any of the duties or obligations appropriate remedy.
of either party hereto (except the payment of money)shall not
be considered a breach of this Agreement and the time 7.8.5 Nothing contained in this Agreement shall be
required for performance shall be extended for a period equal construed as altering any rights that the Disclosing Party has in
to the period of such delay. provided that such delay has been the Information exchanged with or disclosed to the Receiving
caused by or is the result of any acts of God, acts of the public Party, and upon request, the Receiving Party will return all
enemy, insurrections, riots, embargoes, labor disputes. Information received in tangible form to the Disclosing Party,or
including strikes, lockouts, job actions, boycotts, fires, at the Receiving Party's option,destroy all such Information. If
explosions, floods, shortages of material or energy, or other the Receiving Party exercises its option to destroy the
unforeseeable causes beyond the control and without the fault Information, the Receiving Party shall certify such destruction
or negligence of the party so affected. The affected party shall to the Disclosing Party
give prompt notice to the other party of such cause, and shall
take promptly whatever reasonable steps are necessary to 7.8.6 the parties acknowledge that disclosure or use
relieve the effect of such cause. of Information in violation of this Agreement could cause
irreparable harm for which monetary damages may be difficult
7.8 Confidentiality to ascertain or constitute an inadequate remedy. Each party
therefore agrees that the Disclosing Party shall be entitled in
;n performing this Agreement,the parties may disclose to each addition to its other rights to seek injunctive relief for any
other written or oral non-public, confidential or proprietary violation of this Agreement.
information, including but not limited to, information of a
business, planning, marketing or technical nature and models, 7.8.7 The obligations of confidentiality set forth
tools, hardware and software, and any documents, reports, herein shall survive termination of this Agreement, but shall
memoranda, notes, files or analyses that contain, summarize only remain in effect for a period of one (1)year from the date
or are based upon any proprietary or confidential information the Information is first disclosed_
(hereafterreferred to as the"Information").
7.9 Damage or Injury to Subterranean Structures or
7 8 1 Therefore, Olsson and Client agree that the Utilities, Hazardous Materials, Pollution and
party receiving Information from the other party to this Contamination
Agreement (the "Receiving Party") shall keep Information
confidential and not use the Information in any manner other 7.9.1 To the extent that work pursuant to this
than in the performance of this Agreement without prior written Agreement requires any sampling, boring, excavation, ditching
approval of the party disclosing Information (the "Disclosing or other disruption of the soil or subsurface at the Site, Olsson
Party") unless Client is a public entity and the release of shall confer with Client prior to such activity and Client will be
Information is required by law or legal process. responsible for identifying, locating and marking, as necessary,
any private subterranean structures or utilities and Olsson
7.8 2 The existence of discussions between the shall be responsible for arranging investigation of public
parties, the purpose of this Agreement, and this Agreement subterranean structures or utilities through an appropriate
shall be considered Information subject to the confidentiality utility one-call provider. Thereafter, Olsson shall take all
provisions of this Agreement reasonable precautions to avoid damage or injury to
subtrerranean structures or utilities which were identified by
7.8.3 Notwithstanding anything to the contrary Client or the one-call provider. Olsson shall not be responsible
herein, the Receiving Party shall have no obligation to for any damage, liability or costs, for any property damage,
preserve the confidentiality of any Information which: injury or economic loss arising or allegedly arising from
damages to subterranean structures or utilities caused by
7.8.3.1 was previously known to the Receiving subsurface penetrations in locations approved by Client and/or
Party tree of any obligat on to keep it confidential;or the one call provider or not correctly shown on any plans,
drawings or utility clearance provided to Olsson. except for
Page 6 of 8 19-3868.31
damages caused by the negligence of Olsson in the use of responsibility and liability, as set forth herein, shall be
such information. specifically applied.
7.9.2 It is understood and agreed that any 7.10 Controlling Law and Venue
assistance Olsson may provide Client in the disposal of waste
materials shall not result in Olsson being deemed as a The parties agree that this Agreement and any legal actions
generator, arranger, transporter or disposer of hazardous concerning its validity, interpretation or performance shall be
materials or hazardous waste as defined under any law or governed by the laws of the State of Nebraska. It is further
regulation.Title to all samples and waste materials remains agreed that any legal action between the parties arising out of
with Client, and at no time shall Olsson take title to the above this Agreement or the performance of services shall be brought
material.Client may authorize Olsson to execute Hazardous in a court of competent jurisdiction in Nebraska.
Waste Manifest. Bill of Lading or other forms as agent of
Client. If Client requests Olsson to execute such documents 7.11 Subconsultants
as its agent, the Hazardous Waste Manifest, Bill of Lading or
other similar documents shall be completed in the name of the Olsson may utilize as necessary in its discretion
Client.Client agrees to indemnify and hold Olsson harmless subconsultants and other subcontractors. Olsson will be paid
from any and all claims that Olsson is a generator, arranger, for all services rendered by its subconsultants and other
transporter, or disposer of hazardous waste as a result of any subconsultants as set forth in this Agreement.
actions of Olsson, including, but not limited to, Olsson signing
a Hazardous Waste Manifest, Bill of Lading or other form on 7.12 Assignment
behalf of Client.
7.12.1 Client and Olsson each are hereby bound and
7.9.3 At any time, Olsson can request in writing that the partners, successors, executors, administrators and legal
Client remove samples, cuttings and hazardous substances representatives of Client and Olsson (and to the extent
generated by the Project(s) from the project site or other permitted by paragraph 7.12.2 the assigns of Client and
location Client shall promptly comply with such request, and Olsson)are hereby bound to the other party to this Agreement
pay and be responsible for the removal and lawful disposal of and to the partners,successors, executors,administrators and
samples, cuttings and hazardous substances, unless other legal representatives(and said assigns)of such other party, in
arrangements are mutually agreed upon in writing. respect of all covenants, agreements and obligations of this
Agreement.
7.9.4 Client shall release Olsson of any liability for,
and shall defend and indemnify Olsson against any and all 7.12.2 Neither Client nor Olsson shall assign, sublet
claims, liability and expense resulting from operations under or transfer any rights under or interest in (including,but without
this Agreement on account of injury to, destruction of, or loss limitation, moneys that may become due or moneys that are
or impairment of any property right in or to oil, gas, or other due) this Agreement without the written consent of the other,
mineral substance or water,if at the time of the act or omission except to the extent that any assignment, subletting or transfer
causing such injury, destruction, loss or impairment, said is mandated by law or the effect of this limitation may be
substance had not been reduced to physical possession above restricted by law. Unless specifically stated to the contrary in
the surface of the earth, and for any loss or damage to any any written consent to an assignment, no assignment will
formation,strata, reservoir beneath the surface of the earth. release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this
7.9.5 Notwithstanding anything to the contrary paragraph shall prevent Olsson from employing such
contained herein, it is understood and agreed by and between subconsuttants and other subcontractors as Olsson may deem
Olsson and Client that the responsibility for pollution and appropriate to assist in the performance of services under this
contamination shall be as follows: Agreement.
7.9.5.1 Unless otherwise provided herein, Client 7.12.3 Nothing under this Agreement shall be
shall assume all responsibility for, including control and construed to give any rights or benefits in this Agreement to
removal of, and protect, defend and save harmless Olsson anyone other than Client and Olsson, and all duties and
from and against all claims, demands and causes of action of responsibilities undertaken pursuant to this Agreement will be
every kind and character arising from pollution or for the sole and exclusive benefit of Client and Olsson and not
contamination (including naturally occurring radioactive for the benefit of any other party. There are no third-party
material) which originates above the surface of the land or beneficiaries of this Agreement.
water from spills of fuels, lubricants, motor oils, pipe dope,
paints, solvents, ballast, bilge and garbage, except 7.13 Indemnity
unavoidable pollution from reserve pits, wholly in Olsson's
possession and control and directly associated with Olsson's Olsson and Client mutually agree, to the fullest extent
equipment. permitted by law, to indemnify and hold each other harmless
from any and all damages, liabilities or costs, including
7.9.5.2 In the event a third party commits an act or reasonable attorneys' fees and defense costs, relating to third
omission which results in pollution or contamination for which party personal injury or third party property damage and arising
either Olsson or Client, for whom such party is performing from their own negligent acts, errors or omissions in the
work, is held to be legally liable, the responsibility therefore performance of their services under this Agreement,but only to
shall be considered as between Olsson and Client, to be the the extent that each party is responsible for such damages,
same as if the party for whom the work was performed had liabilities or costs on a comparative basis of fault.
performed the same and all of the obligations regarding
defense, indemnity, holding harmless and. limitation of
Page 7 of 8 19-3868.01
7.14 Limitation on Damages
7.141 Notwithstanding any other provision of this
Agreement, and to the fullest extent permitted by law, neither
party's individual employees, principals, officers or directors
shall be subject to personal liability or damages arising out of
or connected in any way to the Project(s)or to this Agreement.
7.14.2 Notwithstanding any other provision of this
Agreement, and to the fullest extent permitted by law, neither
Client nor Olsson, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any delay damages, any
punitive damages or any incidental, indirect or consequential
damages arising out of or connected in any way to the
Project(s) or to this Agreement. This mutual waiver of delay
damages and consequential damages shall include, but is not
limited to. disruptions, accelerations, inefficiencies, increased
construction costs, increased home office overhead, loss of
use, loss of profit, loss of business, loss of income, loss of
reputation or any other delay or consequential damages that
either party may have incurred from any cause of action
including, but not limited to, negligence, statutory violations,
misrepresentation, fraud, deceptive Trade practices, breach of
fiduciary duties, strict liability,breach of contract and/or breach
of strict or implied warranty. Both the Client and Olsson shall
require similar waivers of consequential damages protecting all
the entities or persons named herein in all contracts and
subcontracts with others involved in the Project(s).
7.14,3 Notwithstanding any other provision of this
Agreement, Client agrees that, to the fullest extent permitted
by law, Olsson's total liability to the Client for any and all
injuries, claims, losses, expenses, damages, or claims
expenses of any kind arising from any services provided by or
through Olsson under this Agreement, shall not exceed the
amount of Olsson's fee earned under this Agreement. Client
acknowledges that such causes include, but are not limited to,
negligence, statutory violations, misrepresentation, fraud,
deceptive trade practices, breach of fiduciary duties, strict
liability, breach of contract and/or breach of strict or implied
warranty. This limitation of liability shall apply to all phases of
Olsson's services performed in connection with the Project(s),
whether subsequent to or prior to the execution of this
Agreement.
7.15 Entire Agreement
This Agreement supersedes all prior communications,
understandings and agreements, whether oral or written.
Amendments to this Agreement must be in writing and signed
by the Client and Olsson.
Page 8 of 8 18-3868.01
SCOPE OF SERVICES
This exhibit is hereby attached to and made a part of the Letter Agreement for Professional
Services dated May 2, 2014 between Sarpy County ("Client") and Olsson Associates ("Olsson")
providing for professional services. Olsson's Scope of Services for the Agreement is indicated
below.
PROJECT DESCRIPTION AND LOCATION
Project will be located at: 147"Street to 157' Street
Project Description: Sarpy County— Harrison Street Improvements
Project No. C 77(09-1)
Engineering Services
SCOPE OF SERVICES
GENERAL
Olsson shall perform for Client professional services in all phases of the Project to which this
Agreement applies as hereinafter provided. These services will include serving as Client's
professional representative for the Project, providing professional consultation and advice and
furnishing customary services incidental thereto.
This project includes work associated with project management, public involvement, survey,
utility coordination, drainage analysis, traffic engineering, roadway design, environmental
documentation, noise analysis, geotechnical engineering, and right-of-way services for final
design of a 4-lane urban roadway section on Harrison Street between 147" Street and 157th
Street. Improvements will include approximately '/ mile of 156" Street, or approximately 800
feet north and south of the intersection, and reconstruction of adjacent side roads as required
connecting the new roadway section on Harrison Street. The design will conform to applicable
City of Omaha and State requirements and will be designed using English Units.
The Client will provide available relevant studies, reports, mapping, survey, and data at
no cost to Olsson, including:
❑ Ownership records and title searches
❑ Tenant names(if known)
❑ Available water and sewer locations, size, and materials
❑ Copies of available reports
o Available drainage studies
o Available geotechnical reports
o Available traffic studies and Synchro models
O Topographic survey files
O Bench marks and horizontal control points
O Right-of-entry to private property for surveyors
❑ Available 3-year accident data
❑ Available traffic counts
❑ Available plats of adjacent properties
Page 1 of 18
Access to GIS information
o Property Information
o Utility data
0 2' Contours
o Latest aerial files
❑ Any applicable permit fees
TASK-1 PROJECT MANAGEMENT
a. Project Kick-off Meeting — Once notice to proceed has been received, Olsson will
schedule and conduct a project kick-off meeting with Sarpy County and key
stakeholders. The County will supply a list of key stakeholders and Olsson will be
responsible for inviting all appropriate parties. Meeting minutes, including a summary of
the project criteria and design standards, will be prepared and submitted to the
attendees.
b. Progress Meetings - Olsson will schedule and conduct twelve (12) progress meetings.
It is anticipated these meetings will occur following the 30%, 60%, and the 90%
submittal. Additionally, it is assumed the remaining nine (9) will be monthly meetings
needed throughout the process. Meeting agenda and minutes will be prepared and
submitted to the attendees.
c. Plan-In-Hand Meeting - Olsson will schedule and conduct a Plan-ln-Hand meeting with
the Client and key stakeholders following the 30% submittal to review the design and
plans on site. Olsson will prepare and submit a memo following the meeting
summarizing the findings and decisions made regarding the project design.
d. Contract Administration/Scheduling & Coordination of Design Professionals - This
task includes time for overall management and coordination of the project team,
coordination with Client staff, coordination with key stakeholders, and preparation of
progress reports and invoices in accordance with Client requirements. The project
schedule will be prepared and updated as requested by the Client.
TASK-2 PUBLIC INVOLVEMENT
a. Public Involvement Planning Meeting (1 Meeting)
Olsson will meet with project team members to develop and discuss the public
involvement strategy for informing the public about the project. Olsson shall be
responsible for distributing meeting invitations, coordinating meeting locations,
conducting the meeting and preparing meeting minutes.
b. Public Involvement Plan
Olsson will develop a public involvement plan for review and approval by project team
members. The plan should include dates of anticipated meetings, anticipated forms of
communication with the public (i.e. website, newsletter, door hangers, social media,
etc.), and a database of adjacent property owners and other project stakeholders. All
information to be sent to the public or posted to the web shall be reviewed by the
Client's project manager prior to distribution. The information wilt be submitted for
review a minimum of one week prior to publication.
Page 2 of 18
c. Database Development/Maintenance
Olsson will develop and maintain a database of project stakeholders to include
residents, property owners, organizations, agencies, Client staff and officials, project
team members and other parties who may be interested in or impacted by the project.
The database shall identify stakeholder names, telephone numbers, addresses, tract
numbers, conversation dates, and other pertinent information. A copy of the database
shall be given to the Client, if requested. Olsson will also serve as the point of contact
for public involvement and information, and will keep a record of all public contacts and
inquiries regarding this project.
d. Key Stakeholder Outreach (10 Meetings)
Olsson and Client staff will identify key project stakeholders for participation in focus
group meetings prior to the public meetings. Key stakeholders for this project include
Millard Public Schools (including Anderson Middle School and Neihardt Elementary
School), SID Boards, and the Stonybrook Neighborhood Association. Olsson shall be
responsible for distributing meeting invitations, coordinating meeting locations,
facilitating, and preparing meeting minutes.
e. Open Houses (2 Meetings)
Olsson will schedule, arrange, and facilitate two (2) public open houses during the
course of the project. The first meeting shall be held after 30 percent design has been
developed. The purpose of the first meeting will be to introduce the project and solicit
feedback on the design and address project issues and concerns. The final public
meeting will be held prior to the start of construction. This meeting will be held to provide
information on the schedule, additional phasing information, and access during
construction to area residences, businesses, and other stakeholders.
Olsson shall draft a newspaper notice of the open houses to be reviewed by the Client's
project manager. The Client will coordinate publishing the ads with the Omaha World
Herald. The open house notices will be published for a three (3) week period prior to
the events in the Omaha World Herald. Notification door hangers will be delivered to
the adjacent property owners and notification mailers will be sent to appropriate public
agencies and stakeholders.
During the public meetings, Client staff and Olsson will be available to answer questions
and receive comments. Olsson will provide and maintain a sign-in list and comment
forms for the open houses and prepare a written summation of the oral and written
comments received. Olsson shall provide any necessary follow-up.
f. Small Group Meetings (14 Meetings)
Olsson and Client will meet with individuals who are significantly affected by the project.
Individuals include area residents, businesses, and commuters. These meetings will be
conducted in conjunction with the public open house meetings.
Page 3 of 18
g. Informational Materials
Olsson will develop and reproduce two (2) informational handouts throughout the course
of the project. Informational handouts shall be provided to all project stakeholders and
posted to the project web site. Olsson shall also develop other informational material,
such as door hangers, postcards, or individual letters to property owners as requested
by the Client's project manager. All informational materials shall be reviewed and
approved by the Client's project manager prior to printing.
h. Web Site Development
Olsson will develop and maintain a web site for this project. The web site can reside on
Olsson's web page, but must be linked to the Client's web page(s) and must adhere to
the Client's standards in regards to content and appearance. Olsson shall review and
update the web site at a minimum on a monthly basis and will post/update open house
information within 48 hours of open houses being scheduled. The web site shall be
functional within four weeks of notice to proceed.
i. Social Media Tools
Olsson will provide an exclusive project Twitter feed. Twitter updates will be integrated
into the project web site. An RSS feed will be added to the project web site. Olsson will
coordinate RSS feed updates with the Client's email list. For those who may not "opt in"
to an RSS feed or follow the project on Twitter, these stakeholders and members of the
public can sign up for project E-Alerts, which are email updates on the project.
j. Final Public Involvement Report/ Documentation
Olsson will prepare a draft report documenting the public involvement process and
provide that report to the Client for review and comment prior to issuing a final report.
The report shall include tools and techniques used, numbers of citizens participating,
meeting minutes, a list of meeting attendees, and general description of public reaction.
TASK-3 TOPOGRAPHIC SURVEY
In general, the extent of this task will cover items not included in the topographic survey
provided by the Client fcr the project area. It is assumed the topographic survey will be
in AutoCad format.
a. Establish Horizontal and Vertical Control — The Horizontal and Vertical Coordinate
System will match the existing coordinates for the Harrison Street project between 147th
Street and 157Th Street.
b. Section Corners — Olsson will locate section corners needed to complete the right-of-
way drawings. Platted information and/or survey pins from the supplied survey
information will be used as well. It is assumed minimal There are an estimated 91
properties within the estimated project boundaries.
c. Topographic Survey as required — Additional pick-up survey as required for use in
design. Olsson will make three (3) trips. Any additional trips will be considered additional
work and will be added by addendum upon approval by the Client.
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d. Utility Locations—A Utility-One-Call will be made for the site. Utilities that are marked
will be located. Above ground visible utilities will be located. Olsson Associates will not
be responsible for underground utilities not marked by the utility locate, or underground
structures or tanks that are not visible on the surface of the site. An attempt will be
made to obtain utility maps from the utilities listed on the Utility-One-Call ticket. If maps
are provided those utilities will be placed on the survey. Manholes will be inverted to get
the pipe size and flow lines elevations.
e. Download, Reduce Notes and Amend Topographic Map and electronic data —
Olsson will process survey data and amend the Autocad drawing provided by the Client
to be used for design.
TASK-4 UTILITY COORDINATION
a. Utility LocationNerification - Olsson will review the utility locations shown on the
plans, and verify these locations during field inspections. After survey is complete,
plans will be printed and distributed to the Utility Companies for verification of
ownership, type, size, and location.
Olsson will request that the Utility Companies return to Olsson marked up plans with
utility verification. Olsson will incorporate the information into the survey file. All utilities
identified in the topographic survey and verified by the individual utility will be
incorporated into the plans.
Identification and verification by Olsson and Utility Companies of major utility conflicts
such as fiber optic lines, gas pipelines, crude oil pipelines, waterlines, transmission
lines, etc.,will be accomplished at the earliest possible time during the development and
determination of a preferred alignment alternative. Olsson shall identify and evaluate
potential strategies to minimize or avoid conflicts where practical. Olsson and the
Client's Project Manager will discuss major conflicts and attempt to avoid them. If
avoidance is not possible, Olsson will then request the Utility Company to verify the
conflict and provide a preliminary estimate of reimbursable costs associated with the
utility relocation, if it is within a permanent easement.
b. Utility Plan Submittal -At each Client review submittal, the plans will be distributed by
Olsson to public and private utilities for comment.
c. Utility Review Meetings/Coordination - Any utility review meeting should be
scheduled to coincide with a regular project progress meeting or Client review meeting.
Olsson shall include time for coordination via the phone and one-on-one meetings with
affected utilities. It is anticipated three (3) utility meetings will be necessary throughout
the project.
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TASK-5 DRAINAGE ANALYSIS
a. Hydrologic / Hydraulic Analysis - Olsson shall design open and closed drainage
systems in accordance with the most current edition of the Omaha Regional Stormwater
Design Manual. To the extent possible recent drainage studies that have been
completed in the area shall be used to identify flow characteristics at existing structures.
Olsson will evaluate both upstream and downstream drainage impacts as part of the
overall project drainage design.
The existing storm sewers and roadway ditches along Harrison Street will be analyzed
for time to peak and peak discharge. Similarly, a proposed plan which will evaluate
entire curb and gutter and storm sewer for the new roadway will be analyzed. The two
(2) existing major cross road structures/culverts will be analyzed to approximate their
existing maximum capacities. These capacities will be evaluated for 10, 50, and 100
year flood events to determine how adding additional impervious area from the new
road might affect drainage.
Potential roadway overtopping events from contributing drainage areas will be evaluated
for the 50 and 100 year flood events using available HEC-HMS modeling from FEMA's
Flood Insurance Study. It is noted that none of the existing drainages that cross
Harrison Street are considered special flood hazard areas. Peak flood flows will be
compared against available existing maximum pipe and inlet capacities to determine if
additional conveyance is necessary to prevent road overtopping or adverse upstream or
downstream impacts. Hydraulic analysis of downstream infrastructure for a couple of
the culverts will likely require specific storm sewer modeling; completion of this modeling
is assumed as part of the scope:
Olsson will complete a final hydrologic and hydraulic analysis technical memo to detail
methods used, results, and corresponding design recommendations. Detailed storm
sewer design is covered under the Roadway Design Task 7.
b. Sustainable Design/ Water Quality Features - As part of the drainage analysis,
Olsson shall identify and develop preliminary concepts for sustainable design features
that may be incorporated into the project. These may include bio-swales and bio-
retention features that can be used in conjunction with the final drainage design for the
project. Preliminary opinions of cost and design considerations will be included in the
technical memo. Detailed design will be added by addendum upon approval by the
Client.
TASK-6 TRAFFIC ANALYSIS AND DESIGN
a. Traffic Analysis for Access Management Alternatives
Generally this task will include a review of traffic operations for the access control
alternatives. This task will include up to three alternatives for the following intersections:
• 150"/15151 Street (offset"T" intersections)
• 152nd Street (offset"T" intersections)
• 154' Street (offset"T" intersections)
• the business accesses near 156"Street
• Traffic circulation around Niehardt Elementary School
It is assumed that the Harrison Street Corridor Study will be used to find all relevant
traffic volume data to be used in the analysis, and the relevant Synchro files will be
made available from the Client.
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Olsson will perform an evaluation of the alternatives with respect to safety and capacity
and provide recommendations as to the geometrics of the intersection alternatives and
the most ideal alternative from a traffic operations perspective. Using the chosen
alternatives, specific recommendations will also be provided for turn lane lengths based
on the queuing analyses.
Upon completion of the traffic analysis Olsson will prepare a technical memorandum, to
be reviewed by the Client's Project Manager, that contains graphics as needed to reflect
the recommendations, geometrics, and design alternatives studied.
b. Traffic Signal Design- In general, Olsson will provide signal design services for wiring
diagram preparation; detail plans of signal poles, signal heads, pull boxes, conduit &
other equipment; special provisions; and quantity summaries. Design will be conducted
in accordance with City of Omaha standards.
Based on the results of the Harrison Street Corridor Study or as directed by the Client's
Project Manager, Olsson will prepare signal plans at intersections as warranted. It is
estimated that the following intersection(s)will require signal design plans:
• 156`h Street& Harrison Street
Additionally, there are two (2) pedestrian signals along the corridor. It is assumed that
these signals will remain and will be designed as part of this project. These locations
include the following:
• West of 150"'Street
• West of 152na Street
For the purpose of traffic signal interconnect and in anticipation of future fiber optic
communication network as shown in the City of Omaha Traffic Signal Master Plan, fiber
optic cable shall be placed along the length of the project. Olsson will coordinate with
the Client to determine the preferred specifications, which are currently under
development. Olsson will also coordinate with the City of Omaha to determine the
appropriate traffic signal specifications that conform to the Traffic Signal Master Plan.
c. Pavement Marking & Signing - Olsson shall prepare plan sheets showing pavement
marking and signage layouts. In addition, temporary signage and pavement markings
will be shown, if applicable.
d. Roadway Lighting - Olsson will coordinate with OPPD on the roadway lighting. OPPD
will provide the lighting pattern layout, and Olsson will prepare the design plans for the
corridor roadway lighting, which would include only the Pole base locations and
conduit/wiring. It is assumed that OPPD will provide future light pole locations and
conduit/wiring requirements, and own and maintain the lighting.
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TASK-7 ROADWAY DESIGN
in general, the extent of this task will include roadway design for a four-lane divided/5-
lane urban section along Harrison Street from approximately 147th Street to
approximately 157t Street. Improvements will include approximately % mile of 156`h
Street, or approximately 800 feet north and south of the intersection.
a. Site Inspections - Olsson will conduct site visits as required during the course of the
project to verify site features with the proposed design work. It is anticipated four (4) site
visits will be necessary.
b. Data Collection and Review - Olsson will assemble and review preliminary data
available for the project including as-built information for existing streets, utilities, storm
sewers and other features within the project area. This will also include review of existing
environmental studies, traffic studies and other study information available that pertains
to the proposed improvements. Evaluation of intersection sight distances will be
documented for the project file.
c. Conceptual Design for Access Management -Olsson shall prepare conceptual design
plans and evaluate alternatives (up to two (2) per location) for critical access
management areas, including:
• 150"/15151 Street(offset"T" intersections)
• 152na Street (offset"T" intersections)
• 154th Street (offset "T" intersections)
• the business accesses near 156th Street
• Traffic circulation around Niehardt Elementary School
Alternatives developed will take into consideration recommendations from the traffic
analysis, and shall include an evaluation of both the horizontal and vertical alignment
along the proposed roadway corridor, preliminary grading limits, proposed roadway and
intersection geometrics, median widths, identification of right-of-way needed and
potential property impacts and development of preliminary costs for the alternatives.
Olsson shall summarize the alternatives developed and meet with the jurisdictional
representatives to review the alternatives and conceptual plans prior to presenting
alternatives to stakeholders and the public for comments.
Following completion of the stakeholder and public review of alternatives, Olsson shall
meet with the jurisdictional representatives to select preferred alternatives. The
preferred alternatives shall establish the ultimate typical section and shall show the
geometrics for the roadway and at major intersections. This shall also include location
of sidewalks, bike paths and trail facilities. The final selected alternatives shall be made
prior to preparation of the 60% submittal plans.
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d. 30% Plan Submittal - Olsson shall prepare project base files and 30% submittal plan
sheets in accordance with the Client's CADD standards for the construction of the
improvements along Harrison Street between 147th to 157th Streets. Plan sheets to be
included in the 30% submittal include the following:
• Cover Sheet
• Typical Section Sheets
• General Notes Sheets
• Horizontal/Vertical Control Sheets
• Geometric Sheets
• Roadway Plan and Profile Sheets
• Right-of-Way Sheets
o Existing right-of-way and ownerships identified
• Roadway Cross-Section Sheets (25 foot intervals)
e. 60% Plan Submittal - Olsson shall prepare project base files and 60% submittal plan
sheets in accordance with the Client's CADD standards for the construction of the
improvements along Harrison Street between 1471h and 157th Streets. Comments
received from the previous submittal shall be incorporated into the 60% submittal. Plan
sheets to be included in the 60% submittal include the following:
• Cover Sheet
• Typical Section Sheets
• General Notes Sheets
• Horizontal/Vertical Control Sheets
• Construction Phasing Sheets
• Geometric Sheets
• Removal Sheets
• Construction Sheets
• Roadway Plan and Profile Sheets
• Retaining Wall Plan and Profile Sheets
• Noise Wall Plan and Profile Sheets (if required based on noise wall policy
results)
• Storm Drainage Plan and Profile Sheets
• Culvert/Channel Cross-Section Sheets
• Traffic Signal Plan Sheets
• Right-of-Way/Tract Map Sheets
• Roadway Cross-Section Sheets
Construction Phasing will include development of two(2) conceptual phasing plans. It is
anticipated these will include segmental closure and construction under traffic. These
conceptual plans will be used to inform and gain feedback from the key stakeholders on
preferences for construction.
Drainage design of the storm sewer system will follow the City of Omaha drainage
design manual. Olsson will review previous drainage studies provided by the Client and
incorporate their findings and recommendations into the project as applicable. Drainage
calculations will be compiled into a summary document. Drainage profiles and cross
sections will be prepared for the proposed and existing drainage structures within the
project area. Olsson will also provide drainage design for the side road connections as
necessary.
Page 9 of 18
f. 90% Plan Submittal - Olsson shall prepare project base files and 90% submittal plan
sheets in accordance with the Client's CADD standards for the construction of the
improvements along Harrison Street between 147°' and 157w Streets. Plan sheets to be
included in the 90%submittal include the following:
• Cover Sheet
• Summary of Quantities Sheet
• Typical Section Sheets
• General Notes Sheet
• Detail Sheets
• Horizontal/Vertical Control Sheets
• Construction Phasing Sheets
• Traffic Control Sheets
• Geometric Sheets
• Joints and Grades Sheets (10 major intersections)
• Removal Sheets
• Construction Sheets
• Roadway Plan and Profile Sheets
• Retaining Wall Plan and Profile Sheets
• Noise Wall Plan and Profile Sheets (if required)
• Retaining Wall Details
• Noise Wall Details (if required)
• Storm Drainage Plan and Profile Sheets
• Culvert/Channel Cross-Section Sheets
• Sediment and Erosion Control Sheets
• Traffic Signal Plan Sheets
• Pavement Marking & Signing Sheets
• Lighting Plan Sheets
• Special Plan Sheets
• Right-of-Way/Tract Map Sheets
• Roadway Cross-Section Sheets
Construction Phasing will include the final detailed design of the preferred phasing plans
for the project. The plans will detail the various phases, temporary construction, and
completed construction.
Olsson will prepare the required traffic plans, including traffic control, temporary
pavement markings, and all required traffic control devices for the final phasing plan.
This will include necessary signing for detour routes.
g. Wall Design / Miscellaneous Design - Olsson will prepare plans for items special or
unique to the project location. These may include retaining walls, noise walls, fencing,
etc. It is anticipated approximately twelve (12) retaining walls will be necessary.
Detailed design effort is covered under the Geotechnical task. Preliminary layouts will
be prepared for the 60% submittal to assist in determining right-of-way impacts.
Olsson will prepare preliminary noise wall design based on the finding of the noise study
based on the Nebraska Department of Roads Noise Analysis and Abatement Policy
(1998). This will include the location design, noise wall meeting with the public, and
residents vote results. Final design of the noise walls, if any, will be added by
addendum upon approval by the Client.
Page 10 or 18
h. Structural Design (Drainage Structures) - Olsson shall investigate and evaluate the
existing drainage structures within the project boundary, including the twin 7'x5' concrete
box culvert and junction box near 154th Street, and the 72-inch culvert near 150th Street
in accordance with applicable local, regional, and federal codes to determine if the
structures are adequate for proposed design needs. Olsson shall design a new box
culvert or an extension to the existing structure in accordance with AASTHTO Load
Resistance Factor Design (LRFD) Specifications, 6th edition. Olsson shall prepare the
necessary plans and detail sheets for the new box culvert or extension of the existing
structure, as welt as connections of new storm sewer. For the purpose of this project it
is assumed that structural design will be required for one (1) box culvert extension or
reconstruction, reconstruction of one (1) concrete junction box and one (1) outlet
structure, and verification of modifications to existing box culverts for storm sewer
connections. If it is determined other existing structures require modification, that effort
will be added by addendum upon approval by the Client.
i. Summary of Quantities/Opinion of Probable Costs - Olsson will compute quantities
and submit an opinion of probable cost at each submittal (30%, 60%, 90% and Final
Plans)with the plans, using NDORICity of Omaha standard bid items and unit prices.
j. Right-of-Way - Olsson will provide right-of-way/ownership plans showing existing
information for the 30% submittal based on information provided by the Client.
Preliminary right-of-way plans showing permanent acquisitions, temporary construction
easements or permanent easements will be prepared along with individual tract maps for
the 60% submittal, to be used for use in the Right-of-Way Process. Final right-of-way
plans showing negotiated acquisitions and easements will be provided for the final
submittal.
At this time, an estimated 91 parcels fall within the project area. Right-of-way acquisition
process is covered under Task 10 of this scope.
k. QA/QC - Olsson shall conduct internal quality reviews of the design and plan sets during
the design of the project.
I. Special Provisions - Olsson will submit Draft Special Provisions with the 90% submittal
for review by the Client.
m. Address Comments for Final Plans— Olsson will meet with the Client to discuss and
address comments received, as well as any revisions necessary from right-of-way
negotiations into the final plan submittal.
n. CADD Submittal - Olsson will submit electronic AutoCAD files to the Client at the
completion of the design of the project.
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TASK-8 ENVIRONMENTAL DOCUMENATION (WETLAND INVESTIGATION, SECTION 404
PERMITTING), AND TRAFFIC NOISE STUDY
a. Wetland Evaluation - A Jurisdictional Wetland Evaluation will be conducted in
accordance with the U.S Army Corps of Engineers (USACE) 1987 Wetland Delineation
Manual. The wetland delineation will be conducted along the Harrison Street Corridor
between 147`h Street and 157'h Street. The evaluation will include the following:
▪ A review of available existing data including; National Wetlands Inventory Maps,
County Soil Surveys and Hydric Soils Lists, USGS Topographic Maps, and Aerial
Photos.
• Field investigations to determine presence/absence of hydrophytic plant species,
wetland hydrology, and hydric soils. Routine Wetland Delineation Data Forms will be
completed for each sample point location. This field investigation will be completed
during the growing season, typically between May 1 and October 31.
ID Color photographs documenting site conditions at the time of field investigations.
❑ Mapping of the boundaries of all wetland and other waters using a sub-meter
accuracy GPS unit.
A wetland delineation report describing the findings will be submitted for review by the
Client. The report will include text describing wetlands and other waters, color
photographs of the site, field data sheets, and maps depicting wetland location(s) and
acreage(s). The wetland and waters shapefiles generated during the delineation will also
be incorporated into the roadway design to determine impacts, and identify potential
avoidance or minimization measures.
b. Permit Application - Once the Client has reviewed the delineation report and project
plans are at a design level to determine wetland impacts, a Section 404 permit
application will be prepared and submitted to the USACE. We anticipate this project will
qualify for permitting under the Nationwide Permitting Program, using Nationwide Permit
14, Linear Transportation Projects. If wetland impacts result in the need for a
compensatory mitigation plan or Individual Permit application. Olsson will provide an
additional scope and fee.
c. Agency Consultation - The USACE guidance (March, 2007) requires that a prospective
applicant must document compliance with the Endangered Species Act and the National
Historic Preservation Act to obtain a Section 404 permit. In order to document
compliance, agency consultation will include requests for information regarding potential
Threatened and Endangered Species and/or critical habitat on the site. Information will
be requested from United States Fish and Wildlife Service (USFWS) and Nebraska
Game and Parks Commission (NGPC). This information will assist in the field effort to
determine potential T&E species and/or habitat on the project site. The Nebraska State
Historical Preservation Office (SHPO) will be contacted regarding the potential for
cultural resources.
d. Traffic Noise Study — Consultant will complete a traffic noise study using the most
current version of the Federal Highway Administration (FHWA) Traffic Noise Model
(TNM) for the project in accordance with the Nebraska Department of Roads Noise
Analysis and Abatement Policy (1998). The purpose of the study is to evaluate the traffic
noise environment related to the Harrison Street Widening project from 147`" Street to
157th Street.
Page 12 of 18
The Noise Study report will be prepared for the 30% submittal and include the following:
• General information regarding the nature of noise and measurement of sound,
noise abatement criteria and noise prediction method used.
• Project description.
• Table showing existing and future traffic counts (ADT or DHV) as well as medium
and heavy truck percentages, all to be used in conjunction with TNM. This
information to be provided by the Client
• Field noise measurements will be taken for the purposes of model calibration.
These measurements will be included in a table with location, distance from
project centerline, and noise levels. Twelve (12) existing receivers are assumed
for this scope.
• Table showing the following:
o receptor ID(home address or business name if possible)
o distance from project centerline
o modeled existing noise level (TNM results)
o predicted future build noise level (TNM results)
o Leg noise abatement criteria
o Specify if build situation approaches or exceeds Leg criteria
• Analysis, including a table showing scoring results of each site using NDOR
Policy, and discussion of noise abatement for those impacted receivers or areas
(address feasibility and reasonability criteria).
• List of references.
• Diagrams using aerials or topography maps identifying:
o Receivers adjacent to project
o Areas for possible noise abatement
The deliverable will be a traffic noise analysis report detailing the current and build out
noise levels at residences and businesses along the project boundaries the location of
the 66 and 71 dBA traffic noise contour fines, and an analysis of noise impacts and
abatement measures.
TASK-9 GEOTECHNICAL EXPLORATION
The scope of the geotechnical services for this project includes recommendations for roadway
design, pavement subgrade recommendations, stabilization for below grade drainage structures
and recommendations for design of retaining walls. The following outlines our scope of services
to provide the necessary recommendations:
a. Field Exploration — The Harrison Street improvements will be between approximately
144`" Street and 157'h Street. Olsson proposes to use a truck-mounted drill rig to
complete a total of twenty (20) soil borings. The borings will be located in the existing
roadway and along both sides of the road. The proposed borings and depths are
summarized as follows:
Page 13 of 15
A total of 20 borings will be drilled along the project as follows:
Three (3) soil borings to depths of 20 feet each for the new retaining wall
structures (8 feet tall or higher)
Fourteen (14) soil borings to depths of 15 feet each for the new retaining wall
structures (6 to 7 feet tall) and in areas of cut or fill for roadway design.
❑ Three (3) soil borings to depths of 10 feet each for the new retaining wall
structures(5 feet tall or less)
All borings will be advanced to the depths proposed, or to refusal, whichever is
shallower. Total drilling footage is anticipated to be 300 linear feet.
Diggers Hotline of Nebraska will be contacted to locate underground public utilities.
Private utilities not identified as part of the public locate are the responsibility of the client
to locate. Olsson is not liable for damage to any utility line or service connection that is
improperly marked. If the County is aware of underground utilities in the area that may
not be identified by the Diggers Hotline request, we ask that they provide Olsson with
that information so that we may shift or relocate the soil borings as necessary to avoid
underground utilities.
It is anticipated that all boring locations along the proposed centerline are readily
accessible to our truck mounted drill rig, while boring locations along the north or south
side of the roadway may be difficult to drill due to limited access. Olsson will slightly
modify site boring locations as necessary to avoid utilities and/or areas of limited access.
Costs associated with site clearing or drill rig access is not included in this scope and
fee, however, Olsson cannot begin the field operations until satisfactory site access is
available. The project owners will provide flag or signal men and/or traffic control. It is
our intent to maintain at least one open lane or turnout for through traffic during the
drilling operation.
Drilling rigs are heavy equipment and some disturbance of existing grades or surface
features are possible. This may include, but is not limited to, soil rutting, pavement
cracking, or sidewalk distress (if applicable). Although Olsson will attempt to minimize
surface distress, damaged pavements, or sidewalks wherever possible, no restoration
other than backfilling the soil borings and patching pavements with like materials is
included in this work scope.
Soils will be sampled with Shelby tubes in clay soils and split spoons will be obtained in
cohesion less and hard soils. Groundwater levels will be measured while drilling,
immediately after drilling, and again within 72 hours after drilling. After the final
groundwater reading is taken,the boreholes will be backfiiled and/or patched as needed.
b. Laboratory Services - As soil conditions dictate, laboratory testing may include visual
soil classification, unconfined compression tests, thin-walled tube density tests, moisture
content tests, Atterberg limit tests, Standard Proctor tests, one-dimensional
consolidation tests. mechanical sieve analyses and potential direct shear and/or triaxial
testing.
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c. Engineering Analysis and Report Preparation -
• Recommendations regarding the thickness, moisture, and compaction criteria for
backfill or structural fill. Soil excavation criteria in accordance with OSHA Standards
will be included or referenced.
o Recommendations associated with site preparation and structural fill placement.
❑ Subgrade preparation and requirements for the new roadway alignment.
o Recommendations will be provided for remediation of soft or unsuitable soils, if
applicable.
o Analysis of the soils encountered regarding shrink/swell characteristics and the
potential for reuse as general fill, compacted structural fill, or utility backfill.
o Discussion of anticipated groundwater concerns, along with recommendations for
addressing these concerns during construction, if required.
o Recommended soil parameters for the design of grade retaining walls including
drained and undrained soil parameters.
❑ Recommendations and design values related to concrete and asphalt pavements
and subgrade thicknesses, as applicable.
o A Report of Geotechnical Exploration for the project will be provided to the
designated Client representative.
d. Retaining Wall Design Services
As part of our services, Olsson will prepare preliminary type, size, and location plans for
the retaining walls on the project, for the Contractor to design and develop specific
construction documents. Based on preliminary layout and cross section, our scope of
work assumes 12 retaining walls will be required, and assumptions of wall type will be
made in order to evaluate right-of-way needs.Olsson anticipates that a majority of the
structures will consist of a large block gravity walls similar to previous segments of the
corridor.
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TASK-10 RIGHT-OF-WAY SERVICES— Midwest Right-of-Way Services
a. Title Searches — The City of Omaha, Douglas County and Sarpy County will provide
copies of the title searches to Olsson and Midwest Right of Way Services for their
individual uses.
b. Appraisals - This task involves preparation of fifty (50) appraisal reports which will
provide values for the land and easements to be acquired. A qualified appraiser will
prepare and provide the reports. Upon completion of the appraisal reports, they will be
submitted to the City of Omaha, Douglas County, and Sarpy County for review and
approval.
c. Acquisition - Midwest Right of Way Services' acquisition agents will make every effort
to understand the project's objective before meeting with the property owner. They will
proofread all legal descriptions, prepare all documents, present and explain the offer,
answer all acquisition-related questions, and secure signatures from all interested
parties. Ow acquisition agent will obtain tenant information from property owners and
proceed to obtain a signed leasehold contract, if applicable. Midwest Right of Way
Services will perform the services in accordance with the Nebraska Department of
Roads Right of Way Manual. Our goal is to acquire the necessary right of way through
amicable negotiations. If condemnation is required, Midwest Right of Way Services will
deliver the parcel files to the City of Omaha, Douglas County, or Sarpy County, as
appropriate, and be available for consultation or condemnation testimony.
d. Right of Way Project Management — The ROW Project Manager will coordinate with
the engineer, title company, the appraiser and the negotiators to keep all elements of the
right of way process working on schedule.
TASK-11 BID PACKAGE DOCUMENTS/BIDDING PROCESS
The Client shall be responsible for all reproduction and distribution of plans and
specifications to prospective bidders during the bidding phase of the project. The Client
shall also be responsible for advertising the project for bids.
a. Bid Specifications & Up-front Documents - Olsson will assist in preparing Up-front
Documents and Bid Specifications for use in the final bid documents prepared by the
Client.
b. Bid Tabs - Olsson will assist in preparing bid tabs for inclusion into the final bid
documents prepared by the Client.
c. Final Construction Plans - Olsson will prepare one (1) full size plan set for the Client's
use and one (1) electronic full size plan set for use in the final bid documents prepared
by the Client. Plan sheets to be included in the Harrison Street Final submittal include
the following:
• Cover Sheet
• Summary of Quantities Sheet
• Typical Section Sheets
• General Notes Sheet
• Detail Sheets
(continued)
Page 16 of 18
• Horizontal/Vertical Control Sheets
• Construction Phasing Sheets
• Traffic Control Sheets
• Geometric Sheets
• Joints and Grades Sheets
• Removal Sheets
• Construction Sheets
• Roadway Plan and Profile Sheets
• Retaining Wall Plan and Profile Sheets
• Noise Wall Plan and Profile Sheets(if required)
• Retaining Wall Details
• Noise Wall Details (if required)
• Storm Drainage Plan and Profile Sheets
• Culvert/Channel Cross-Section Sheets
• Sediment and Erosion Control Sheets
• Traffic Signal Plan Sheets
• Pavement Marking &Signing Sheets
• Lighting Plan Sheets
• Special Plan Sheets
• Right-of-Way/Property Plat Sheets
• Roadway Cross-Section Sheets
d. Answer Design Questions - Olsson shall answer design related questions
(RF1's) receiving during the bidding process, through the Client.
e. Prepare Addenda - Olsson shaft prepare information to support an addendum to
the bidding documents if necessary during the bidding of the project to clarify the
design or address questions raised at the pre-bid meeting. This proposal is
based upon a maximum of one addendum during the bidding of the project. Ali
information will be provided to the Client for their preparation and issuance of the
addendum.
f. Attend Pre-Construction Meeting - The Client will conduct a pre-construction
meeting. Olsson shall attend the meeting and provide an overview of the project
to the attendees.
TASK-12 CONSTRUCTION ENGINEERING
a. Construction Administration — At the option of the Client, Olsson will provide
construction administration services. Final Fee to be added by addendum.
b. Construction Observation -At the option of the Client, Olsson will provide construction
observation services. Final Fee to be added by addendum.
c. Materials Testing - At the option of the Client, Olsson will provide materials testing
services. Final Fees to be added by addendum.
d. Construction Staking - At the option of the Client, Olsson will provide construction
staking services. Final Fees to be added by addendum.
e. SWPPP Inspections - At the option of the Client, Olsson will provide SWPPP Inspection
services. Final Fees to be added by addendum.
Page 1 7 of 18
SCHEDULE
Upon receiving Notice to Proceed, Olsson will begin work on the project with estimated
milestone dates per Exhibit "C":
Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for
such additional services (Optional Additional Services) at the standard hourly billing labor rate
charged for those employees actually performing the work, plus reimbursable expenses if any.
Olsson shall not commence work on Optional Additional Services without Client's prior written
approval.
Olsson agrees to provide all of its services in a timely, competent and professional manner, in
accordance with applicable standards of care, for projects of similar geographic location, quality
and scope.
OLSSON ASSOCIATES, INC.
By igtt4-1
Michael C. Piernicky, P , PTOE ,nthony Jelhoff, P
Vice President Senior Engineer,
If you accept this Scope of Services, please sign:
SARPY COUNTY
By
Signature'
Print Name i ry\ -1-1(NDMOCZO
Title __.r 1iCit1 ( d\ Dated: 5-1 -6J 4
F:1ProjectslP13-05861Scope of Services Sarpy County Apr30-2014.doc
Page 18 of 18
HARRISON STREET
from 147th Street to 157th Street
C-77(09-1)
IC Task Nampa Duration Sran Fmish 2015 2016
May Jun Jul Aue Sep Ocl Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Au0
2 Notice To Proceed 1 day Mon 5/26/14 Mon 5/26/14 A 5r2e
' Kick Off Meeting with County and Key Stakeholders 1 day Thu 5/29/14 Thu 5/29/14 :5m
' Data Collection,Existing Information Review,Field Survey Work 20 days Tue 5/27/14 Mon 6/23/14
5 30%Design 90 days Tue 6/3/14 Mon 10/6/14 i
6 30%Design Submittal 1 day Tue 10/7/14 Tue 10/7/14 .111en
' Client Review 15 days Wed 10/8/14Tue 10/28/14 t
5 One-on-One Meetings 5 days Ved 10/29/14 Tue 11/4/14
9 Public Involvement Meeting 1 day Wed 11/5/14 Wed 11/5/14 *11+rs
10 60%Design 90 days Thu 11/6/14 Wed 3/11/15 amminimn11
" 60%Design Submittal 1 day Thu 3/12/15 Thu 3/12/15 •13112
i IS Client Review 15 days Fri 3/13/15 Thu 4/2/15 LJ
" 90%Design 60 days Fri 4/3/15 Thu 6/25/15 iLimlllMl
'a 90%Design Submittal 1 day Fri 6/26/15 Fri 6/26/15 •1t6"6
15 Client Review 15 days Mon 6/29/15 Fri 7/17/15 ui
'6 404 Permitting 60 days Mon 7/20/15 Fri 10/9/15
" ROW Design(Plats&Legals) 30 days Fri 5/8/15 Thu 6/18/15 ►mE
limmoni
to Apprasials 60 days Fri 6/19/15 Thu 9/10/15
19 Negotiations 180 days Fri 9/11/15 Thu 5/19/16
20 Final Design(ROW Revisions) 40 days Fri 2/26/16 Thu 4/21/16 imirri
11 Final Bid Package 1 day Fri 4/22/16 Fri 4/22/16 '133-
22 Public Meeting Prior to Construction 1 day Wed 6/22/16 Wed 6/22/16 n2
2' Estimated Project Construction Starts 1 day Mon 7/11/16 Mon 7/11/16 I ""
l
Anhapate0$[helhae
Noll 201 d
Exhibit ,,A,,
Consultant's Estimate"/Hours
I'll ell
MINE SESSEM
Nil
IPJI =101111111
ME
logo
NMI
no
—^—
^ ^-
� ������r-----�--�~—'~-----
Liz=��^ .~—.
Labor Cost by Task
Project Name: Harrison Street-147th-157th
Project Number: C 77(09.1)
Control Number:
Location(City,County): Sarpy County ,.1``OLSSON
Firm Name: Olsson Associates
:onsultant Project Manager: Mike Piernicky
Phone/Email: (402)341-1116/ mpiernicky@olssonassociates.com
LPA Responsible Charge: Bill Herr
Phone/Email: (402)537-6906 I herrb@sapry.com
Date: April 30,2014
_. .. I 'Ii", rrl:l.,l -I:•(' f' • l0,1 _I
Task 1.Pro ect Mane•nowt Ma= 523,793.00 $40,607.51
Task 2.Public Involvement '�� '®'
----
Task 3.Topographic Surve NM= $2.958.00 $5.046,42 $960.77 • , .•
IIIMIIIIIIIIMNIMIMIIIIIIIIIIIIEIIIIII
Task 4-Utilit Coordination MEM $3,504.00 $5,980.26 . -
-_ -- l
Task 5.Draina•eAnal sin $4,698.50 S 1/3=111 •• i
IMIIIIIIIIIIIIIIIIIIIIIIMIIIMMIINIIMIIIIIIIIIIIII
Task 6.Traffic Anal sis and Design MG= $12,303.00 $20.997.53 13.996.06 ,
----
Task 7.Roadwa Desl.n IMBEEMINEEMEEN S218,716.59
----
Task 8.Environmental Documentation&Traffic Noise Stud ME= S8.106,50 9.
_---
Task 9.Geotechnical Evaluation $4.092.00 $6.983.82
----
Task 10,Ri.tit-of-wa Services
1111.1111111.1.11111.11111
Task it.Bid Package Documents/Bidding Process 11111111111.111MIZEINIEBECIES11111111IINE1r ..
IMIIIIIIIIIMIIIMIIIIIIIIMIIIIIIIMMIIIIIIIIIIMIIIIIII
Task 12.Construction Services-TBD --_-
----
Direct Ea•eases _--- i
if''i/I ' g•.r_ e4-sti.xx..:,:•rruf.gtiFS . .I ..`ii7,SL1!r. . ) "r4,1.'...i. ,.( . I.': , :.i i,U' v
Labor Rates
a.of rr _� •- -- �. - ' , H , ,
�� •
$60.50
® ® ,
ERNE Senior Project Engineer 1111111110371CII
$38,00
®En.ineer Intern
MM.Senior Desi.nerfTechnician ,'.1 ;,,
MEM Desi.ner/Technician 600 $19.00
®Administrative ME ®_-_
t Structural En.ineer
IIIIIMOMMIIIMIMIIIIIIMEEECMMIII.II
OEM Registered Land Surve or :.
®r� „ ,
NUM Gra.hicDesl• -UI ,
Nom.mmCo.mmunications Coordinator $26,00
,a ag•ra,AILL.-Illui ff Id hid D.4u,i `• ,, ,
",I,i1 lN- �.:... ,:h.as.f i:..._ . -.+•...r3•.:f/'l ...nl,.'•'L ., ,3i. Y<.
CLASSIFICATIONS'.
PM = Project Manager El = Engineer Intern WPE = Water Resources Engineer
APM Assistant Project Manager SOES = Senior Designer/Technician RLS - Registered Land Surveyor
SENV = Senior Environmental Scientist DES = Designer/Technician SVC = Survey Crew(2 Person)
ENV = Environmental Scientist ADM = Administrative GO c Graphic Designer
SPE = Senior Project Engineer GPE = Geotechrvcal Engineer COM = Communications Coordinator
PE = Project Engineer SE = Structural Engineer WM(DD = Webmaster I Database Developer
Consultant ICE For PE
Labor Cost by Task Page 2 of 4
Direct Expenses
Project Name' Harrison Street-1471h-157th
Project Number: C 77(09-1)
Control Number:
Location(City,County}: Sarpy County
Firm Name: Olsson Associates �l \
OLSSON
O1 C C O A I
Consultant Project Manager: Mike Piernicky lJ
Phone/Email: (402j 341-1116 / mpienicky@olssonassociates.com
LPA Responsible Charge: Bill Herr
PhonerEmail (a02)537-6906 1 herrbasapry.corr
Date: April30.2014
(rl.r.rI ni r ,on,: t'.au.is. ¢kdgreer+71c'•oan .:'.J.'! ^41s1t et rpy.:�a cuh.ut •£ ;. ;.='s :z._� �a. 1111,1 if 1,.:1rn 1:ill Cr,: j •
Midwest RnM-of-Wa Services -- •
n,, r.nt II( ._t«. •:ma y r a m r+ l v+t t,i+r`I �nl„I(.r.t l 1
Segments 1_350 sheets 11`x17"half size•an sheets•lotted 20 times?50.50/sheet 7000 =DEEM
.11111.11.111.11.1111111111
Se.ment 1-350 sheets-34"x22"plan sheets plotted 2 times ••51.50/sheet IMEMINIMINEEM
1,000 black d white cosies 6.5"x11")C•+$Q 25'sheet MEM $0.25
1,200 colorco.ies $0.50/sheet
®®1.200 color w•ies 1t"st7" C$1
00/sheet
--
12Dis•la Boards 24"x36" $15.00/board ® tr
800 color c••ies 11"x17` $1.00lsheel
800 MM. I
11111.11.111111.1.111111
..',I,, , „ .s�'+0.4' •-s- -n.5...0 - • . -I I IIii .I!hil I/
Personal Ve Mika•e
trips to
6 to County Offices(20 mi/1riP) r r I
4 In•s to Pro•ed Site 20 mi/tri• 0
20 tri.s for PI Meetings 20mttri. 400 ®r ,I
10 tries for Stakeholder Meebn.s 20mittri
200 1111.11301
Survey Vehicle Mileage ----
6 tri•s to Pro ect Site 20 mi/In. ---- �� •
.._sao�r�r..:..Y'.�.y-..�:.•R..... .e-"us.•tn1�' ,' n^ r+ .'.f: ^ . ti. * 1:'.. 1•7•. r' �>
Miscellaneous Poslare.Maillm.Deliveries Elc. 111•111111111.11111•1111
Geolechnical F eld Ex•loration
Geolechnical Lab Services —_---
..Y.4RE, .v-A'^S,' r .ri.i,'�4�.4.'�'4e- -!•,-L -,�'4 .. .-D.
Company Automobile Prevailing standard rate as established by the IRS,currently$0.56/mi
Survey Vehicle Prevailing standard rate as established by the IRS.currently$0.75/mi
Black and White Copies Actual reasonable cost
Color Copies Actual reasonable cost
Miscellaneous Postage,Mailing,Deliveries Etc. Actual reasonable cool
Equipment Actual reasonable cost
Privately Owned Vehicle Actual reimbursement amount to employee.not to exceed rates for company vehicles outlined above
Autmobile Rental Actual reasonable cost
Air tare Actual reasonable cost giving the Slate all discounts
Lodging Actual cost.(excluding taxes 8 lees),rot to exceed federal GSA reimbursement guidelines.
not to exceed$70 per person daily statewide:not to exceed 3101 in Omaha:Douglas County.
Meals Actual cost,not to exceed federal GSA reimbursement guidelines.currently-
Statewide OmahalDouglas County
Breakfast $7 00 SIC.00
lunch $11.D0 S15.00
Dinner $23.00 531.00
Totals S4100 $56.00
Consultant ICE for PP
Labor Cost by Task Page 3 of 4
Project Cost
Project Name: Harrison Stree:-147th-157th
Project Number: C 77(09-1)
Control Number
Location(City,County): Sarpy County
Firm Name: Olsson Associates •
Consultant Project Manager: Mike Piernicky '_ '' o L s S o N_
PhonelEmail: (402)341-1116 / mpiernicky@olssorassociates.com r --
LPA Responsible Charge: Bill Herr
PhonelEmail: (402)537-6906 ! herrb@sapry.com
Date: April 30.2014
y 1 (-,J',f,r4 .(.f ( .,,:,T ,,i.:--.• G y !:.,.y •. •...(. A*, 'tY `r^.i :".-rx t i` In i'*6J`x I •, F.R +.
Personnel Classification t.;41
Project Manager 363 560,50 :i';
Assistant Project Manager 636 545.75
Senior Environmental Scientist 18 543.75 • i :
Environmental Scientist 72 $23.50 r i!-'ll
Senior Project Engineer 679 $47 50
Project Engineer 1331 $38.00 • i:.tI
Engineer Intern 1548 525.50 1
Senior Designer/Technician 58 527,00
Designer/Technician 600 519.00
Administrative 110 519,50
Geotechnical Engineer 24 545.00 i
Structural Engineer 107 535.DC .i
Water Resources Engineer 46 543 00
Registered Land Surveyor 70 541.00 ,;
Survey Crew(2 Person) 44 545.00
Graphic Designer 60 522.00
Communications Coordinator 456 526.00
Webmaster/Database Develope 60 $33.00
,I
I,t i/.t+,: 101M 9Mi3AA4: - fi hf #2"h1'ds.' f,'z`(if:iA?`elit 0 °7-syet',•I i
111:.(.I r. r ii((::'.4'i'::firr`pi ----- r; .'i:7"-9z=3Y1`.r?.:' ir4r!i e;i+rr;a!•!i$e'i MIi�iF"h :::?•r:i'I - _ , rr, r.
Subconsullants
-
Printin.and Re•roduction: i
Milea.e/Travel
Other Miscellaneous Costs.
• Y,
r
Ii•i I I'1i•jt(.('Y•(.t 1 ":::/t?rS`' .'SaRifiktde.i4 - 'rw }.P.Sr•;y" S:R1?,}::..KA.' :i`t7i`f-''. i..a '! 9d1`.r;i'F,'!"x 4+- .;T:..i
Direct Labor Costs
Overhead • 170.670% _ i
Total Labor Costs
Fixed Fee %' 12.00%
Direct Ex•enses
I.I.)i.II(-i.'f:('?.'l• t �43i `�0'1¢" '. #00!' kK: rti3,.pr~41?<•r'�'rtm'=:t:�!'0,,,t'�'rsyy,.^E 3S". " i'-n, al
Consultant ICE for PE
Labor Cost by Task Page 4 of 4
Assumptions - Notes
Project Name: liarnson Street-147th-157th
Project Number: C 77t09.1)
Control Number
Location(City,County): Sarpy County
Firm Name: Clsson Associates
Consultant Project Manager: Mike Piernicky
PhonetEmail: (402)341-1116! mpiemrcky@olssonassoaates.com
LPA Responsible Charge: Bill Herr
PhonetEmail: (402)537-6906 I herrb@sapry.com
Date: 4I3012014
Sheet Count Assumptions Scale Final#
Cover Sheet NA 1
Typical Sections NA 4 _
General Notes NA 4
Detail Sheets NA 8
HorizantalNenical Control Sheets NA 2
Construction Phasing Sheets 20 scale 12
Traffic Control Sheets 20 scale 24
Geometric Sheets 20 scale 12
Joints 8 Grades Sheets 20 scale 12
Removal Sheets _ 20 scale 12
Construction Sheets 20 scale 12
Roadway Plan 8 Profile Sheets 50 scale 10
Retaining Wall Plan 8 Profile Sheets 20 scale 12
Storm Drainage Plan 8 Profile Sheets 20 scale 25
CuNert/Bax Culvert Cross Section Sheets 10 scale 2
Sediment and Erosion Control Sheets 20 scale 12
Traffic Signal and Interconnect Sheets 20 scale 8
Pavement Marking 8 Signing Sheets 20 scale 12
Lighting Plan Sheets 20 scale 12
Special Plan Sheets . NA 20
Right-of-Way Sheets 50 scale 5
Roadway Cross Section Sheets 10 scale 65
Total 286
Project Length
Harnson Street=5280 h
145th Street=
148th Street=100 11
150th Street=150 ft
151st Street=150 ft
152nd Street N=150 ft
152nd Street S=15011
154th Street N=100 ft
154th Street S=100 ft
156th Street N=800 ft
156th Street S=800 11
1571h Street N=50ft
157th Street S=50 ft
Total=788U ft ---
Consultant Independent Cost Estimate for Final Design,Projelc5sli motion s and Notes
SUPPLEMENTARY PROVISIONS
INSURANCE/INDEMNITY
Olsson agrees to procure and maintain, at its expense, Workers' Compensation
insurance as required by statute; Employer's Liability of $500,000; Automobile Liability
insurance of $1,000,000 combined single limit for bodily injury and property damage
covering all vehicles, including hired vehicles, owned and non-owned vehicles;
Commercial General Liability insurance of $1,000,000 combined single limit for personal
injury and property damage; and Professional Liability insurance of$1,000,000 per claim
for protection against claims arising out of the performance of services under this
Agreement caused by negligent acts, errors, or omissions for which OLSSON is legally
liable. OWNER shall be made an additional insured on Commercial General and
Automobile Liability insurance policies and certificates of insurance will be furnished to
the OWNER. OLSSON agrees to indemnify OWNER for claims to the extent caused by
OLSSON's negligent acts, errors or omissions. However, neither Party to this Agreement
shall be liable to the other Party for any special, incidental, indirect, or consequential
damages arising out of, resulting from, or in any way related to the Project or the
Agreement from any cause or causes, including but not limited to any such damages
caused by the negligence, errors or omissions, strict liability or breach of contract.
NON-DISCRIMINATION CLAUSE
Pursuant to Neb. Rev. Stat. §73-102 (Reissue 2009), Olsson declares, promises, and
warrants it has and will continue to comply fully with Title VI of the Civil Rights Act of
1964, as amended (42 U.S.C.A. §1985, et seq.), and the Nebraska Fair Employment
Practice Act, Neb. Rev. Stat. §48-1101, et seq. (Reissue 2010), in that there shall be no
discrimination against any employee who is employed in the performance of this
Contract, or against any applicant for such employment, because of age, color, national
origin, race, religion, creed, disability or sex.
SEVERABILITY CLAUSE
It is understood and agreed by the Parties hereto that if any part, term, or provision of
this contract is held to be illegal or in conflict with any law of this State or of the United
States, the validity of the remaining terms and conditions, provision or provisions shall
not be affected, and the rights and obligations of the Parties shall be construed and
enforced as if the contract did not contain the particular part, term, or provisions held to
be invalid.
INDEPENDENT OLSSON
Olsson shall in the performance of the agreement at all times be an independent Olsson
and not an employee or agent of the County. Olsson, its officers, employees and agents
shall at no time represent Olsson to be other than an independent or represent
themselves to be other than employees of Olsson.
RESIDENCY VERIFICATION
The Olsson agrees to comply with the residency verification requirements of Neb. Rev.
Stat. §4-108 through §4-114. The Olsson 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.
�;`,r , q'sf Public Works Department
�t��,
����������►��t r. � I t Omaha/Douglas Civic Center
�74 f<40( n 29, 2014 1819 Farnam Street,Suite 601
o 7���c .� JulyOmaha,Nebraska 68183-0601
AoR 4ro (402)444-5220
4%FEB103 _ - Fax(402)444-5248
City of Omaha Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Interlocal Agreement between the City of
Omaha, Sarpy County, Nebraska and Douglas County, Nebraska to provide for cost sharing for
professional services on improvements to Harrison Street, known as Sarpy County project C-
77(09-1). This project is being undertaken as a part of the 2014-2019 Capital Improvements
Program Transportation Project 411.
The Project includes the corridor of Harrison Street from 147th Street to 157th Street, and will be
comprised of the reconstruction of Harrison Street to a four-lane urban roadway section,
including approximately 1/3 mile of 156th Street as it approaches Harrison Street from the north
and south. Sarpy County has provided services as the lead agency and has selected Olsson
Associates as the design engineering firm according to the applicable State and local rules for
procurement. According to the current cost share as listed in the attached Agreement, Omaha
will reimburse Sarpy County for 38% of the cost of the design and right-of-way phase services,
currently estimated at $869,500.00. Omaha's cost share, currently estimated to be $330,410.00,
is to be paid from the 2010 Transportation Bond Fund 13183, Organization 117117.
The Public Works Department requests your consideration and approval of the attached
Resolution and Interlocal Agreement.
Respectfully submitted, Referred to City Council for Consideration:
(7 - 7 y ��.5� : 7//(0/ /4/
Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding:
rvStepjihz,,i-1.60'''',
n B. Curtiss ate
Finance Director
i 83 8htp
2014-238
BOARD OF COUNTY COMMISSIONERS
SARPY COUNTY,NEBRASKA
RESOLUTION AUTHORIZING CHAIRMAN TO SIGN INTERLOCAL AGREEMENT WITH
DOUGLAS COUNTY AND THE CITY OF OMAHA TO SHARE THE COST OF
PROFESSIONAL DESIGN SERVICES FOR THE DESIGN OF HARRISION STREET FROM
147TH TO 157TH STREET
WHEREAS, pursuant to Neb. Rev. Stat. § 23-104 (Reissue 2012), the County has the power to
do all acts in relation to the concerns of the County necessary to the exercise of its corporate powers;
WHEREAS,pursuant to Neb. Rev. Stat. § 23-103 (Reissue 2012), the powers of the County as a
body are exercised by the County Board;
WHEREAS,general supervision and control of the public roads of each county is vested in the
County Board by virtue of Neb. Rev. Stat. § 39-1402 (Reissue 2012);
WHEREAS, via Resolution 2014-174, the County and OLSSON AND ASSOCIATES
previously executed an agreement ("Agreement") for professional engineering services in conjunction
with the design and development of construction documents for a project on Harrison Street from 147`h
Street to 1576 Street;
WHEREAS, the County, Douglas County, and City of Omaha wish to enter into the attached
interlocal agreement ("Interlocal Agreement")to share the cost of the professional engineering services
to be performed under the Agreement; and
WHEREAS, entering into the Agreement is in the best interests of the citizens of Sarpy County.
NOW,THEREFORE, BE IT RESOLVED BY THE SARPY COUNTY BOARD OF
COMMISSIONERS THAT pursuant to the statutory authority set forth above, the Chairman of the
Board,together with the County Clerk, are hereby authorized to execute on behalf of the Board, the
attached Interlocal Agreement.
The above Resolution was approved by a vote of the Sarpy County Board of Commissioners at a
public meeting duly held in accordance with applicable law on the day of
_, 2014.
S o ty Board airman
Attest:
SEAL ;G�ilpITY ER 1'
04444,L (44,t/r1440/1/‘- i{ SEAL '?*
Yam'.
County Clerk Ce&s Der
2014-238
BOARD OF COUNTY COMMISSIONERS
SARPY COUNTY, NEBRASKA
RESOLUTION AUTHORIZING CHAIRMAN TO SIGN INTERLOCAL AGREEMENT WITH
DOUGLAS COUNTY AND THE CITY OF OMAHA TO SHARE THE COST OF
PROFESSIONAL DESIGN SERVICES FOR THE DESIGN OF HARRISION STREET FROM
147TH TO 157TH STREET
WHEREAS, pursuant to Neb. Rev. Stat. § 23-104 (Reissue 2012), the County has the power to
do all acts in relation to the concerns of the County necessary to the exercise of its corporate powers;
WHEREAS, pursuant to Neb. Rev. Stat. § 23-103 (Reissue 2012), the powers of the County as a
body are exercised by the County Board;
WHEREAS, general supervision and control of the public roads of each county is vested in the
County Board by virtue of Neb. Rev. Stat. § 39-1402 (Reissue 2012);
WHEREAS, via Resolution 2014-174, the County and OLSSON AND ASSOCIATES
previously executed an agreement ("Agreement") for professional engineering services in conjunction
with the design and development of construction documents for a project on Harrison Street from 147th
Street to 157th Street;
WHEREAS, the County, Douglas County, and City of Omaha wish to enter into the attached
interlocal agreement ("Interlocal Agreement") to share the cost of the professional engineering services
to be performed under the Agreement; and
WHEREAS, entering into the Agreement is in the best interests of the citizens of Sarpy County.
NOW, THEREFORE, BE IT RESOLVED BY THE SARPY COUNTY BOARD OF
COMMISSIONERS THAT pursuant to the statutory authority set forth above, the Chairman of the
Board, together with the County Clerk, are hereby authorized to execute on behalf of the Board, the
attached Interlocal Agreement.
The above Resolution was approved by a vote of the Sarpy County Board of Commissioners at a
public meeting duly held in accordance with applicable law on the �L day of
...y.A../Nr-32._ _, 2014.
Sa ounty Board airman
Attest:
SEAL ,o�NSY•�ZFRy
�� SEAL ';�
04'ilt'W t04.444444eil County Clerk CIAatt,4/—
T.,
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha, Sarpy County and Douglas County, Nebraska have
jurisdictional boundaries along the Harrison Street Corridor between 147th Street and 157th
Street; and,
WHEREAS, all parties desire to cost share in a project to reconstruct the roadway to
improve it to a four-lane urban roadway section along this corridor, identified as Sarpy County
Project C-77(09-1), and as a part of the Omaha 2014-2019 Capitol Improvements Program
Transportation Project 411; and,
WHEREAS, Sarpy County will act as lead agency in the work with the City of Omaha
and Douglas County, Nebraska, providing respective cost shares for the design engineering and
right-of-way phases of this project according to the attached Interlocal Agreement, which by this
reference becomes a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the Interlocal Agreement between the City of
Omaha, Sarpy County and Douglas County, Nebraska for design engineering and riht-of-way
phase services on the reconstruction of Harrison Street between 147th Streetand 157t Street, is
hereby approved; and
THAT, the Finance Department is authorized to pay the cost share in the amount of 38%
of the cost of said services, which cost share is currently estimated to be $330,410.00, from the
2010 Transportation Bond Fund 13183, Organization 117117.
1837htp APPROVED AS TO FORM:
t r2
lt
.6 CITY ATTORNEY DATE
By ♦ 1,4
Councilmember
Adopted JUL 2 9 2014 r®
..X04
Cit Cl rk / c3/1/4
Approved
Mayor
NO. 7'
Resolution by
Res. that, as recommended by the Mayor, the
Interlocal Agreement between the City of
Omaha, Sarpy County and Douglas County,
Nebraska for design engineering and right-of-
way phase services on the reconstruction of
Harrison Street between 147th Street and 157th
Street, is hereby approved; and that the
Finance Department is authorized to pay the
cost share in the amount of 38% of the cost of
said services, which cost share is currently
estimated to be $330,410.00, from the 2010
Transportation Bond Fund 13183,
Organization 117117.
183 7 Ahtp
Presented to City Council
JUL 292014
AdOpted 6C
guiier grown
City Clerk