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RES 2016-1459 - Agmt with Schemmer Associates Inc for residential snow plowing and anti-icing services a� Public Works Department - r rC Omaha/Douglas Cric Center M 1:5* � « N October 25, 2016 1819 Farnam Street,Suite 601 ® r" ro L ,^ Omaha,Nebraska 68183-0601 o�A �" ro (402)444-5220 4547Eb FEB11N Fax(402)444-5248 City of Omaha Robert G. Stubbe,P.E. Jean Stothert,Mayor ':;i - ;i r( Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with Schemmer Associates, Inc. to provide on-call contract administration services for 2016-2017 Residential Snow Plowing and Anti-Icing in various areas of the City. The scope of services is included in the Agreement, and includes providing two teams of three for observation in one of five districts in the City; and additional scopes made a part hereof with the inclusion of the attached agreement. Schemmer Associates, Inc. has agreed to perform the services detailed in the attached Professional Services Agreement for $87.75 per billable hour with an estimated total fee of $45,000.00; to be paid from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2016 expenditures. Schemmer Associates, Inc. has filed the required Contract Compliance Report, Form CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Approved: ( /c 0//6 // Rot ert G. Stubbe, P.E. Date Sp ncer K. Dann . Date Public Works Director Human Rights and Relat'ons Director Approved as to Funding: Referred to City Council for Consideration: //// ' / �C�"' /O `/ 1� r-,Leve-(it) Cat/ I o/f3�/ , Step n . Curtiss e Mayor's Office Efate Finance Director 7)-9 1553hra PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 29th day of Sept, 2016, by and between the City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the "City"), and Schemmer Associates, Inc. (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. All references to "Contractor" shall mean "Provider". I. PROJECT NAME AND DESCRIPTION On-Call Professional Services for Snow Removal Operations. II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Proposal attached hereto, for the City, relative to the above-referenced project which is illustrated in Exhibit"B" attached hereto. Such services shall be completed within a 165 day period after receipt of a purchase order from the City. B. Provider designates Loras Klostermann whose business address and phone number is 1044 North 115th Street, Suite 300,Omaha,Nebraska 68154, (402)493-4800 as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five(5)years after the expiration of this Agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers, employees, and subcontractors. E. Provider agrees to complete, within 165 calendar days of receipt of a purchase order from the City, the necessary services. The City recognizes that completion within this deadline is contingent upon timely response from utilities and City input. F. Provider agrees to have a current Contract Compliance Form (CC-I) on file with the City's Human Rights and Relations Department prior to signing the agreement. III. DUTIES OF CITY A. City designates Kevin Daily whose business address and phone number are 5225 Dayton Street, Omaha, Nebraska 68117, (402) 444-4912 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed on an hourly basis, but in no event shall exceed $45,000.00. Detailed breakdown of costs shall be shown in Exhibit"B". B. Reimbursable expenses shall be billed to the City by the Provider. C. INCREASE OF FEES The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent, if the original fee is one hundred fifty thousand dollars($150,000) or more, or(b)by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the city council. The provisions of this section will be quoted in all future city contracts. Nothing in this section is intended to alter the authority of the mayor under section 5.16 of the Charter to approve immediate purchases. V. OWNERSHIP OF INSTRUMENTS OF SERVICE The City acknowledges the Provider's documents,including electronic files, as instruments of professional service. Nevertheless,upon completion of the services and payment in full of all monies due to the Provider,the final documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the documents without the prior written authorization of the Provider. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider,its officers, directors, employees and subconsultants (collectively,Provider)against any damages, liabilities or costs, including reasonable attorneys'fees and defense costs, arising from or in any way connected with the unauthorized reuse or modification of the documents by the City,regardless of whether such reuse or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required, Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. V I II. INDEMNIFICATION The Provider agrees,to the fullest extent permitted by law,to indemnify, defend and hold harmless the City, its officers, directors and employees (collectively,City) against all damages, liabilities or costs, including reasonable attorneys'fees and defense costs, to the extent caused by the Provider's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is legally liable. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider, its officers,directors, employees and subconsultants(collectively,Provider) against all damages, liabilities or costs,including reasonable attorneys'fees and defense costs in connection with the Project,to the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89, race, color, creed, religion, sex, marital status, sexual orientation, gender identity,national origin, age, or disability. B. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement,no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. Modification. This Agreement contains the entire Agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. H. Assignment. The Provider may not assign its rights under this Agreement without the express prior written consent of the City. I. Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a,known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE)Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. K. Certificate of Authorization. If this Agreement contemplates the performance of professional architecture or engineering work by the Provider,the Provider shall provide to the City, and maintain in good standing,a current Certificate of Authorization from the State of Nebraska as required by Neb. Rev. Stat. section 81-3436. L. Debarment or suspension by any federal agency. (This section applies if any part of this Agreement is funded by a federal agency.) Office of Management and Budget (OMB) guidelines require that any individual or entity that has been placed on the Excluded Parties List System ("EPLS" - available for review through www.sam.gov) may not be a participant in a federal agency transaction that is a covered transaction or act as a principal of a person participating in one of those covered transactions. These guidelines apply to covered transactions under a grant from any federal agency for which a recipient expects to receive reimbursement for expenditures incurred or an advance on future expenditures. The Contractor providing goods and/or services to the City of Omaha certifies,by acceptance and execution of this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Contractor further agrees, by accepting and executing this Agreement, that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this Agreement. M. Contract Compliance Ordinance No.35344,Section 10-192 Equal Employment Opportunity Clause During the performance of this contract,the Contractor agrees as follows: 1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, national origin, age, or disability. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, gender identity, national origin, age, or disability. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, sexual orientation,gender identity,national origin,age,or disability. 3) The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Contractor shall furnish to the human rights and relations director all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall be those which are related to Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City,the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. 6) The Contractor shall file and shall cause his subcontractors, if any, to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. 7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. EXECUTED this Z9 day of St.pA.Rmbtar , 20 ( 6 . `C�nt SJ.Le.mote✓ 4SSOCta'(e5 n C, Provider By VL. . ATTEISC74 AAA~0 a.1/1 ceo'k CIA vlc cc,( aq neer$n.y (Title,)( EXECUTED this 7 7 day of , Ye jy6U�/-;�dV�r ATTEST CITY 0 MAHA, Municipal Corporation lit" C. Mayor APPROVED AS TO FORM: Deputy City Attorney Revised: 5/2016 SCHMM = R September 21, 2016 Mr. Kevin Daily City Maintenance Superintendent City of Omaha Public Works Department Street Maintenance Division 5225 Dayton Street Omaha, NE 68117 RE: Professional Services Proposal 2016/2017 Observation and Inspection of Residential Snow Plowing Contractors City of Omaha, Nebraska Schemmer Project No. 01277.CW9 Dear Mr. Daily: The Schemmer Associates Inc. (Schemmer) proposes to render Observation and Inspection of Residential Snow Plowing Contractor services to the City of Omaha(City). Work will be performed during the period of November 1st, 2016 through April 15th, 2017. I. SCOPE OF SERVICES The City intends to hire private contractors to plow snow from streets in selected residential areas. To monitor the progress of these private contractors, the City intends to hire consultants to perform observation and inspection services. Observation and inspection of snow removal includes field observation of the contractors as their work progresses and includes inspections of their recently completed work for completeness in accordance to City Standards provided. The times of plow beginning and completion, and the results of each audit of the competed work will be verbally transmitted to the designated City personnel using cellular phones. Field observers will also check and document problems reported by the public, reporting these immediately to the designated City personnel. The City has been divided into five districts for this work. The City intends to have observers work in two teams of three persons to observe an individually assigned district, with each observer typically monitoring up to 125 lane-miles. Each three-person team will work a 12-hour shift, then be relieved by another three-person team for the remaining 12 hours of the day, per district. Teams will be available on short notice, within 1-hour of City's notice to proceed, and be able to remain available on continuous duty for at least 72 hours. As such, it is the duty of Schemmer to 2016/2017 Observation and Inspection of Residential Snow Plowing Contractors Omaha Public Works Department September 21, 2016 Page 2 of 3 be aware of incoming weather conditions, and to be in contact with the designated City personnel for proper coordination. Work may occur 7 days a week, including Holidays. Schemmer has the manpower and proper equipment to successfully observe the work of contractors within two of the five districts for the duration of any snow event. We have previously proven our ability to perform this work for the City. II. QUALIFICATIONS Schemmer's normal services include contract administration which is the testing, observation and inspection of structures and of other engineering works. Schemmer has a pool of 21 people that reside within the Omaha metropolitan area which are available for this project. Our core group of personnel will consist of our normal testing, inspection, and survey technicians. Our alternate inspection personnel consist of other qualified staff. Schemmer has qualified staff to provide full-time project management to supervise the teams during each snow event. Loras Klostermann, senior engineer, will be the overall project supervisor providing project quality review. Jon Goldie will be the project manager and contact between the City and Schemmer. Jon is a professional engineer and very detailed orientated, managing construction administration projects for Schemmer. Due to the potentially long snow event hours, Jon will be assisted by Tim Conway, with help from Greg Kizzier and Tony Bruckner to relieve Jon and Tim after a 12-hour shift. Tim, Greg, and Tony are also experienced with project management and construction management. Schemmer has the equipment necessary to perform this work. Personnel have smart phones with camera and video capabilities. We also have stand-alone cameras available for personnel, when needed. Schemmer has a fleet of 14 Company pickup trucks stationed within the Omaha/Council Bluffs metropolitan area, with 10 of those trucks having four-wheel drive. All trucks have permanently mounted strobe lights on the roof and are well suited for this project. Other equipment available to our personnel include measuring tapes, calibrated measuring wheels, and laptop computers. Reports will be assembled in the field by each observer from the notes being taken during each inspection. Reports will be reviewed by the project manager. Reviewed reports will be promptly sent to the District personnel as directed by the City. We are aware of the time limits provided in the project specifications and will work closely with City personnel, asking for assistance when necessary to complete the work in a timely manner. Schemmer has the personnel and equipment necessary to provide the project services for two City of Omaha Snow Districts. Two teams consisting of three-man field inspectors with trucks and a full-time project manager are required. Both teams will work 12-hour shifts during a snow event, before a second set of teams provides the inspections for the next 12-hour shift. Periodic reviews will be completed by the senior engineer. The teams will be available for the duration of any snow event for up to 72 hours, but generally at least 12 to 24 continuous hours in duration. 2016/2017 Observation and Inspection of Residential Snow Plowing Contractors Omaha Public Works Department September 21, 2016 Page 3 of 3 III. COMPENSATION Schemmer will perform the work on a unit rate basis for each man hour logged to the project. The unit rates include the cost of the field vehicles and all equipment. Schemmer is available to provide the project services using the following rate: $87.75 per hour This hourly rate will be used for all Schemmer personnel that performs work on this project and includes authorized training time and project management. All work will be done in accordance with the terms of the attached General Conditions. Schemmer will invoice you only for the actual number of hours of service required in accordance with each project request. If the foregoing is agreeable, please indicate your acceptance by signing and returning one copy of this proposal. We will consider the signed proposal an Agreement between the City of Omaha Public Works Department and The Schemmer Associates Inc. for the services described herein. We look forward to working with you on this project. If you have any questions or need further information, please contact us at 402-493-4800. Sincerely, THE SCHEMMER ASSOCIATES INC. ACCEPTED: ARCHITECTS I ENGINEERS I PLANNERS City of Omaha Public Works Department Loras A. Klostermann, P.E. BYE' Manager, Geotechnical Engineering _ Associate TITLE -C &I MAIM (- DATE -;"5 Attachments (General Conditions, Schemmer Staff) 2016/2017 Observation and Inspection of Residential Snow Plowing Contractors Omaha Public Works Department September 21, 2016 Schemmer Staff Available Loras Klostermann, PE Jonathon Goldie, PE Tim Conway, RLS Greg Kizzier Jon Firkins, PG Heath Cutler, PE Jason Teel John Buscher Robert McClenahan Tony Bruckner, RLS Ray Flock Kevin Kittridge Sean Conway Nicholas Hug Mason Bee Ryan Thompson Tyler Lerdahl, El Tregan Albers, El Terry Nocita Michael Hanover, El David Watson, El GENERAL CONDITIONS 1. REUSE OF DOCUMENTS. All documents other party, his/her partners, successors, assigns including drawings, specifications and CADD data and legal representatives with respect to all on electronic media furnished by The Schemmer covenants of this Agreement. Neither party shall Associates Inc. pursuant to this Agreement are assign, sublet or transfer his/her interest in this instruments of its services in respect to this project. Agreement without the written consent of the They are not intended or represented to be suitable other. for reuse on extensions of this project or on any other project. Any reuse without specific written 6. PAYMENTS. Payments due The Schemmer verification or adaptation by The Schemmer Associates Inc. under this Agreement shall be Associates Inc. shall be at the user's sole risk and payable within thirty (30) days of the date of without liability or legal exposure to The billing. If full payment is not received within sixty Schemmer Associates Inc., and the other party to (60) days of the date of billing, the payment shall this Agreement shall indemnify and hold harmless bear interest at the highest rate permitted by law The Schemmer Associates Inc. from all claims, but not exceeding eighteen percent(18%). damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any 7. DELINQUENT PAYMENTS. (a) Delinquent such verification or adaptation will entitle The Progress Payments: It is understood and agreed Schemmer Associates Inc. to further that should any progress payment hereunder compensation. remain due and unpaid for a period of 60 days after invoice, that all services on the part of The 2. ESTIMATES. Since The Schemmer Associates Schemmer Associates Inc. will cease and will not Inc. has no control over the cost of labor, materials resume until all amounts owing for services or equipment or over the contractor(s)' methods of rendered have been paid in full. Cessation shall determining prices, or over competitive bidding or not constitute a breach of The Schemmer market conditions, estimates of project cost are Associates Inc.'s duties under this agreement, or made on the basis of experience and qualifications an election of remedies, and The Schemmer and represent the best judgment of design Associates Inc. shall be fully indemnified for any professionals familiar with the industry, but The liability or damages thereby caused. (b) Legal Schemmer Associates Inc. cannot and does not Action: No account will be held by The guarantee that proposals, bids or project costs will Schemmer Associates Inc. more than 90 days after not vary from estimates of cost prepared by The their invoice. At the end of 90 days all such Schemmer Associates Inc. accounts will be referred for appropriate legal action. (c) Mechanics Liens: Unless specific 3. SUSPENSION OR ABANDONMENT. If the arrangements for delayed payments have been project is suspended for more than three months or made, by written agreement, all mechanics lien abandoned in whole or in part, The Schemmer rights available to The Schemmer Associates Inc. Associates Inc. shall be paid compensation for will be exercised within the time period allowed services performed prior to receipt of written by law. notice of such suspension or abandonment, together with reimbursable expenses then due. 8. TAX. The amount of any excise, gross receipts or sales tax that may be imposed shall be invoiced as 4. TERMINATION. This Agreement may be a reimbursable expense. terminated by either party upon seven days'written notice should either party fail substantially to 9. HAZARDOUS MATERIALS. Unless otherwise perform in accordance with its terms through no provided in this Agreement, The Schemmer fault of the other. In the event of termination due Associates and The Schemmer Associates' to the fault of others than The Schemmer consultants shall have no responsibility for the Associates Inc., The Schemmer Associates Inc. discovery, presence,handling, removal or disposal shall be paid compensation for services performed of or exposure of persons to hazardous materials to termination date, including reimbursable in any form, including but not limited to asbestos, expenses then due. asbestos products,polychlorinated biphenyl (PCB) or other toxic substances. The Schemmer 5. SUCCESSORS AND ASSIGNS. Each party to Associates Inc. shall be indemnified and held this Agreement binds him/herself, his/her partners, harmless against all claims related to hazardous successors, assigns and legal representatives to the materials. TSA Form 7 I2/06 10. NOTICE OF LIMITATION OF AGENTS' 13.2. The electronic files are submitted to the AUTHORITY. It is understood and client for a 30-day acceptance period. During this acknowledged that no agent, officer, or principal period, the client may review and examine these of The Schemmer Associates Inc. is authorized to files. Any errors detected during this time will he vary the terms of this agreement in any particular, corrected by The Schemmer Associates Inc. as except by writing, expressly Limiting the part of the basic agreement. Any changes application of the terms of this Agreement. requested after the acceptance period will be considered additional services to be performed on 11. INVALIDATION OF PROFESSIONAL a time and materials basis, at the standard cost LIABILITY INSURANCE. The Schemmer plus terms and conditions. The Schemmer Associates shall not knowingly take any action Associates Inc. is not required to maintain copies called for by this agreement or arising from the of the electronic files beyond the acceptance course of this project which shall cause loss of the period after delivery of the files, The Schemmer Associates' professional liability insurance coverage for this project or any aspect 13.3. The Owner shall be permitted to retain of it. copies of the drawings and specifications prepared in CADD format for the Owner's information. 12. LIMITATION OF LIABILITY. To the fullest Due to the potential that the information set forth extent permitted by law, the Client agrees to limit on the electronic media can he modified by the The Schemmer Associates Inc.'s liability for the Owner, unintentionally or otherwise, The Client's damages to the sum of $50,000 or The Schemmer Associates reserves the right to remove Schemmer Associates Inc.'s fee, whichever is all indicia of its ownership and/or involvement greater. This limitation shall apply regardless of from each electronic file. the cause of action or legal theory pled or asserted. 13.4. Any use or reuse of altered files by the 13. COMPUTER AIDED DESIGN/DRAFTING Owner or others without written authorization or (CADD). CADD may be utilized to prepare CADD adaptation by The Schemmer Associates drawings, specifications, calculations, and other Inc. for the specific purpose intended will be at the instruments of service prepared by The Schemmer Owner's risk and full legal responsibility. Associates Inc. Submitted data files are intended Furthermore, the Owner will, to the fullest extent to work only as described in the agreement and are permitted by law, indemnify and hold The compatible only with the original hardware and Schemmer Associates Inc. harmless from any and software used to create the files. all claims, suits, liability, demands, or costs arising out of or resulting from such use. Any 13.1. Because data stored on electronic media such authorization or CADD adaptation by the can deteriorate undetected or be modified without Owner will entitle The Schemmer Associates Inc. the knowledge of The Schemmer Associates Inc., to additional compensation at the rates established the Owner agrees to accept responsibility for the as part of this agreement. completeness, correctness, and readability of the electronic media after an acceptance period of 30 14. GEOTECHNICAL MATERIALS TESTING days after delivery of the electronic files, and that SERVICE. In the case that geotechnical and/or upon the expiration of this acceptance period, the materials testing services are provided by The Owner will indemnify and save harmless The Schemmer Associates Inc., our supplementary Schemmer Associates Inc, for any and all claims, General Conditions for Geotechnical and losses. costs, damages, awards, or judgments Materials Testing shall be considered a part of arising from use of the electronic media files or this document. output generated from them. The Schemmer Associates Inc. agrees that it is responsible for the accuracy of the sealed hard copy drawings that have been or will be submitted, and that such accuracy is defined as the care and skill ordinarily used by members of the profession practicing under similar conditions at the same time and in the same locality. The Schemmer Associates Inc. makes no warranties, express or implied, under this agreement or otherwise, in connection with the services provided. TS A Form 7 12/06 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, a Professional Services Agreement with Schemmer Associates, Inc. to provide on-call contract administration services for 2016-2017 Residential Snow Plowing and Anti-Icing Services in various areas of the City; and, WHEREAS, Schemmer Associates, Inc. was selected by the Architects and Engineers Selection Process and has agreed to provide on-call field observation and investigation services during snow events, and additional services as listed in the attached Professional Services Agreement, which by this reference is made a part hereof; and, WHEREAS, Schemmer Associates, Inc. has agreed to perform these services for a fee of $87.75 per billable hour with an estimated total billable cost of$45,000.00, which will be paid from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2016 expenditures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Professional Services Agreement with Schemmer Associates, Inc. to provide on-call field investigation and contract administration services for 2016-2017 Residential Snow Plowing and Anti-Icing Services in various areas of the City, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay an estimated fee of$45,000.00 to be paid from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2016 expenditures. 1552hra APPROVED AS TO FORM: I /?— CITY ATTORNEY DATE By Councilmember Adopted OCT 2 5 2016 O -Jr ,611:714-..ege•• City Clerk /40////��� pp E . "-:-..-. ...) t&-i ., Mayor yitc NO. �' /_ . ........ Resolution by Res. that, as recommended by the Mayor. the Professional Services Agreement with Schemmer Associates, Inc. to provide on- call field investigation and contract administration services for 2016-2017 Residential Snow Plowing and Anti-Icing Services in various areas of the City, is hereby approved; and that, the Finance Department is authorized to pay an estimated fee of$45,000.00 to be paid from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154. year 2016 expenditures. 1552Bhra Presented to City Council OCT 2 5 2016 Adopted .. - / triter, ere Uin City Clerk