RES 2016-1459 - Agmt with Schemmer Associates Inc for residential snow plowing and anti-icing services a� Public Works Department
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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:
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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.
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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