RES 2014-0194 - Agmt with Alker Parking Consultants to update downtown parking study ,oMA N,,„ t :-__ : T :,_.
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1.
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 a Professional Service Agreement with Walker
Parking Consultants to provide traffic engineering services for necessary updates to the
Downtown Parking Study and Parking Management Plan.
The Study & Plan was adopted by City Council Resolution No. 648 on May 15, 2012, and since
that time changing conditions necessitate more current data for the proper planning and
utilization of the City's downtown parking facilities. The scope of services for this Agreement is
included in Exhibit B and includes updating the data regarding parking inventory, occupancy,
area supply & demand, and like measures for this area of the City.
Walker Parking Consultants has agreed to perform these services for a fee, as detailed in the
Agreement, not to exceed $33,500, which is payable from the Miscellaneous Contribution Fund
12117. Downtown NE Redevelopment/Public Lights Organization 124057.
Walker Parking Consultants has filed the required Contract Compliance Report, Form CC-1, in
the 1-luman Rights and Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
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Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved:
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 13th day of January, 2014,by and between the
City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as
the "City"), and Walker Parking Consultants (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
2014 Update to Walker's 2011 Parking Supply/Demand Analysis
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 180 day
period after receipt of a purchase order from the City.
B. Provider designates Phil Baron whose business address and phone number is 6602 E. 75th
Street, Suite 210, Indianapolis, IN 46250 and 317.842.6890 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 180 calendar days of receipt of a purchase order from the
City, the necessary services. The City recognizes that completion within this deadline is
contingent upon timely response from utilities and City input.
F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's
Human Rights and Relations Department prior to signing the agreement.
III. DUTIES OF CITY
A. City designates Kenneth Smith, City Parking Manager, whose business address and phone number
are Department of Public Works, Parking Division, 1819 Farnam Street, Suite 600, Omaha, NE
68183 and 402.444.1780 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 $33,500. 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 construction documents, including electronic files, as
instruments of professional service.Nevertheless, upon completion of the services and payment in
full of all monies due to the Provider, the final construction documents prepared under this
Agreement shall become the property of the City. The City shall not reuse at another site or make
any modification to the construction documents without the prior written authorization of the
Provider. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless
the Provider, its officers, directors, employees and subconsultants (collectively, Provider)against
any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising
from or in any way connected with the unauthorized reuse or modification of the construction
documents by the City, regardless of whether such reuse or modification is for use at the Project
site or another site.
VI. ADDITIONAL SERVICES
In the event additional services for the aforementioned project not covered under this Agreement
are required, Provider agrees to provide such services at a mutually agreed upon cost.
VII. INSURANCE REQUIREMENTS
Provider shall carry professional liability insurance in the minimum amount of one half million
dollars and shall carry workers' compensation insurance in accordance with the statutory
requirements of the State of Nebraska.
VIII. INDEMNIFICATION
The Provider agrees,to the fullest extent permitted by law,to indemnify, defend and hold harmless
the City, its officers, directors and employees(collectively,City)against all damages, liabilities or
costs, including reasonable attorneys'fees and defense costs,to the extent caused by the Provider's
negligent performance of professional services under this Agreement and that of its subconsultants
or anyone for whom the Provider is legally liable. The City agrees,to the fullest extent permitted
by law,to indemnify and hold harmless the Provider, its officers,directors, employees and
subconsultants(collectively,Provider)against all damages, liabilities or costs,including reasonable
attorneys'fees and defense costs in connection with the Project,to the extent caused by the City's
negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City
nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the
other party's own negligence.
IX. TERMINATION OF AGREEMENT
This Agreement may be terminated by the City upon written notice to the provider of such
termination and specifying the effective date at least seven (7) days prior to the effective date of
such termination. In the event of termination, the provider shall be entitled to just and equitable
payment for services rendered to the date of termination, and all finished or unfinished documents,
data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's
option, its property.
X. GENERAL CONDITIONS
A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate
or permit discrimination in violation of federal or state laws or local ordinances because of
race, color, sex, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha
Municipal Code section 13-89,political or religious opinions,affiliations or national origin.
B. Captions. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable
city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or
any officer or employee of the City shall have a financial interest, direct or indirect, in any
City Agreement. Any violation of this section with the knowledge of the person or
corporation contracting with the City shall render the Agreement voidable by the Mayor or
Council.
E. Interest of the Provider. The Provider covenants that he presently has no interest and shall
not acquire any interest, direct or indirect, which would conflict with the performance of
services required to be performed under this Agreement; he further covenants that in the
performance of this Agreement, no person having any such interest shall be employed.
F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease
or deed of any type. This is the complete and full agreement of the parties.
G. Modification. This Agreement contains the entire Agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly
set forth herein. No agent, employee or other representative of either party is empowered to
alter any of the terms hereof unless done in writing and signed by an authorized officer of the
respective parties.
H. Assignment. The Provider may not assign its rights under this Agreement without the
express prior written consent of the City.
Strict Compliance. All provisions of this Agreement and each and every document that shall
be attached shall be strictly complied with as written, and no substitution or change shall be
made except upon written direction from authorized representative.
J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The
Contractor is required and hereby agrees to use a federal immigration verification system to
determine the work eligibility status of new employees physically performing services within
the State of Nebraska. A federal immigration verification system means the electronic
verification of the work authorization program authorized by the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,
or an equivalent federal program designated by the United States Department of Homeland
Security or other federal agency authorized to verify the work eligibility status of a newly
hired employee.
If the Contractor is an individual or sole proprietorship,the following applies: 1.The
Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor
indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to
provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program. 3. The Contractor understands and agrees that lawful
presence in the United States is required and the Contractor may be disqualified or the
contract terminated if such lawful presence cannot be verified as required by Neb.Rev. Stat.
§4-108.
K. Contract Compliance Ordinance No.35344, Section 10-192
Equal Employment Opportunity Clause
During the performance of this contract,the Contractor agrees as follows:
1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, sexual orientation, gender identity, disability, or
national origin. The Contractor shall ensure that applicants are employed and that employees
are treated during employment without regard to their race, religion, color, sex, sexual
orientation, gender identity, or national origin. As used herein,the word"treated" shall mean
and include, without limitation, the following: recruited, whether by advertising or by other
means; compensated; selected for training, including apprenticeship; promoted; upgraded;
demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and
shall post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officers setting forth the provisions of this
nondiscrimination clause.
2) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race,religion,color, sex, sexual orientation, gender identity,or
national origin,age,disability.
3) The Contractor shall send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding a notice advising the
labor union or worker's representative of the Contractor's commitments under the Equal
Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
4) The Contractor shall furnish to the human rights and relations director all Federal forms
containing the information and reports required by the Federal government for Federal
contracts under Federal rules and regulations, and including the information required by
Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records.
Records accessible to the human rights and relations director shall be those which are related
to Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the
Contractor. The purpose for this provision is to provide for investigation to ascertain
compliance with the program provided for herein.
5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein, including
penalties and sanctions for noncompliance; however, in the event the Contractor becomes
involved in or is threatened with litigation as the result of such directions by the City,the City
will enter into such litigation as necessary to protect the interests of the City and to effectuate
the provisions of this division; and in the case of contracts receiving Federal assistance, the
Contractor or the City may request the United States to enter into such litigation to protect the
interests of the United States.
6) The Contractor shall file and shall cause his subcontractors, if any, to file compliance reports
with the Contractor in the same form and to the same extent as required by the Federal
government for Federal contracts under Federal rules and regulations. Such compliance
reports shall be filed with the human rights and relations director. Compliance reports filed at
such times as directed shall contain information as to the employment practices, policies,
programs and statistics of the Contractor and his subcontractors.
7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
EXECUTED this /> day of J '"C`4"/ Left'
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EXECUTED this /3A-day of LfQ , .
ATTES CITY OF OM• • , A Municipal Corporation
-iL-/S • By
City Clerk ACTING M or Y
APPROVED AS TO FORM:
W el7efi, ; -,
Deputy City Attorney
Revised: 12/2012
WALKER 6602 East 75th Street,Suite 210
Indianapolis,IN 46250
PARKING CONSULTANTS
Office:317.842.6890
Fax: 317.577.6500
www.walkerparking.com
December 6, 2013
Mr. Kenneth D. Smith, CAPP
City Parking Manager
Department of Public Works
Parking Division
1819 Farnam Street, Suite 600
Omaha, NE 68183
Re: Proposal for Parking Planning Study Services
Parking Supply/Demand Update
Omaha, NE
Dear Ken:
Walker Parking Consultants ("Walker") is pleased to submit for your review this proposal
for the referenced services. Provided herein is our understanding of this project and our
proposed scope of services, schedule, fee, and conditions of agreement.
PROJECT UNDERSTANDING
Walker was previously engaged by the City of Omaha Metropolitan Planning Agency
to develop a parking management plan for downtown Omaha. Walker's final report
associated with this engagement was dated November 8, 2011. Since that time,
several changes have materialized within the area studied and therefore, the city has
requested this proposal to update the parking supply/demand element of this plan.
Walker's previous study identified a total of 40,979 parking spaces located within a 136-
block study area generally bound by Cummings Street to the north, Leavenworth Street
to the south, the Missouri River to the east, and 24th Street to the west ("Study Area"). Of
the total parking inventory, about 36,047 spaces or 88 percent are located off-street
and 4,932 spaces or 12 percent are located on street.
The purpose of this study would be to update the previous parking inventory and
occupancy data collected and the parking supply/demand analysis, including current
and projected future adequacy of parking conditions. Upon completion, the following
scope of work will allow for these study objectives to be met.
SCOPE OF SERVICES
Objective: To quantify downtown Omaha's current and future parking needs.
WALKER Mr. Kenneth D.Smith
December 6, 2013
PARKING CONSULTANTS Page 2
1. Data Collection. Carry out the following data collection program:
a. Obtain the following information from city representatives:
i. Master or development plans of significant development projects
located within the Study Area.
ii. Employment - The most recent and accurate data the City can
provide for the Study Area which as defined in the previous Project
Understanding section;
iii. Number of residents living within the Study Area;
iv. Future developments -This includes type of land use, square footage,
seating capacity, expected completion date, location, and whether
any parking spaces will be added or displaced;
v. Forecasted growth rates for employee and residential populations;
and
vi. Copies of any previous parking studies, community master plans or
downtown market studies.
b. Update inventory of on-street and off-street parking spaces in the Study
Area. Inventory will be tabulated and summarized on a block-by-block
basis. Tabulation will include block identification, capacity, public vs.
private, parking rates, and time restrictions.
c. Perform a parking space occupancy count survey for all public and private
on-street and surface lot parking facilities located within the Study Area
during weekday business hours and Friday evening hours.
2. Analysis. Conduct the following parking supply/demand analysis:
a. Analyze data collected.
b. Model parking demand within the Study Area including the impacts of
proposed developments.
c. Analyze the existing and future parking demand and break down into the
eleven Study Area zones used in Walker's 2011 parking study report, taking
into consideration current parking counts, existing land uses, and proposed
developments.
d. Identify geographic areas that require additional parking supply.
e. Quantify parking deficits in aforementioned geographic areas under
existing conditions and future conditions, including a five- and ten-year
planning horizon.
3. Deliverables
a. Prepare and email a draft report for City review and comment.
b. Finalize draft report based on City's feedback and email final report.
SCHEDULE
Work can begin within two weeks of receiving a signed agreement. A draft report can
be provided within 60 days of receiving a signed agreement. A final report can be
issued 30 days after the draft report is issued, assuming that City's review is performed
within two weeks. A draft report may be considered a final report if the City does not
have comments within a 30-day period. The upcoming holidays could impact this
WALKER Mr. Kenneth D.Smith
PARKING CONSULTANTS December 6, 2013
Page 3
schedule slightly in that data collection should not be performed during the week of
Christmas.
PROFESSIONAL FEE
Walker will bill this work on a lump sum fee plus reimbursable expense basis in
accordance with the attached General Conditions of Agreement. Our lump sum fee,
excluding customary reimbursable expenses, is $30,000.
Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses,
purchase or rental of specialized equipment, photographs and renderings, document
reproduction, postage and delivery costs, long distance telephone and facsimile
charges, additional service consultants, and other project related expenses.
Reimbursable expenses are estimated to not exceed $3,500.
Sincerely yours,
WALKER PARKING CONSULTANTS
c-dev 111/ PAlft440—*
John W. Dorsett, AICP, CPP
Senior Vice President
Enclosures: General Conditions of Agreement for Consulting Services
AUTHORIZATION
Trusting that this meets with your approval, we ask that you sign in the space below to
acknowledge your acceptance of the terms contained herein, and to confirm your
authorization for us to proceed. Please return one signed original of this agreement for our
records.
CITY OF OMAHA
Accepted by (Signature):
Printed Name:
Title:
Date:
GENERAL CONDITIONS OF AGREEMENT WALKER
PAP.K€NG CONSIIITANTS
FOR CONSULTING SERVICES
PAGE 4 OF 4
SERVICES
Walker Parking Consultants ("WALKER") will provide the CLIENT professional services that are limited to
the work described in the attached letter ("the services"). Any additional services requested will be
provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided
solely in accordance with written information and documents supplied by the CLIENT, and are limited to
and furnished solely for the specific use disclosed to us in writing by the CLIENT. No third-party
beneficiary is contemplated. All documents prepared or provided by WALKER are its instruments of
service, and any use for modifications or extensions of this work, for new projects, or for completion of
this project by others without WALKER's specific written consent will be at CLIENT's sole risk.
PAYMENT FOR SERVICES
Prior to commencement of services the CLIENT agrees to make an Initial Payment to WALKER in an
amount equal to 20% of the total fee or as stated in the attached letter.This amount will be credited to
the last invoice(s) sent to the CLIENT. WALKER will submit monthly invoices based on work completed
plus reimbursable expenses. Reimbursable expenses will be billed at 1.15 times the cost of travel and
living expenses, purchase or rental of specialized equipment, photographs and renderings, document
reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional
service consultants, and other project related expenses. Payment is due upon receipt of invoice. If for
any reason the CLIENT does not deliver payment to WALKER within thirty (30) days of date of invoice,
WALKER may, at its option, suspend or withhold services. The CLIENT agrees to pay WALKER a monthly
late charge of one and one half percent (1 A%) per month of any unpaid balance of the invoice.
STANDARD OF CARE
WALKER will perform the services in accordance with generally accepted standards of the profession
using applicable building codes in effect at time of execution of this Agreement. WALKER's liability
caused by its acts, errors or omissions shall be limited to the fee or$10,000,whichever is greater.
Any estimates or projections provided by WALKER will be premised in part upon assumptions provided
by the CLIENT. WALKER will not independently investigate the accuracy of the assumptions. Because of
the inherent uncertainty and probable variation of the assumptions, actual results will vary from
estimated or projected results and such variations may be material. As such, WALKER makes no
warranty or representation, express or implied, as to the accuracy of the estimates or projections.
PERIOD OF SERVICE
Services shall be complete the earlier of (1) the date when final documents are accepted by the
CLIENT or (2) thirty (30) days after final documents are delivered to the CLIENT.
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha requires professional traffic engineering assistance to
prepare necessary updates to the Downtown Parking Study and Parking Management Plan, as
was adopted by City Council Resolution No. 648 on May 15, 2012; and,
WHEREAS, Walker Parking Consultants has been selected in accord with the Architect's
and Engineer's Review and Selection Committee to provide services to update the data as to
parking inventory, occupancy, and supply/demand data, as detailed in the attached Agreement,
which by this reference is made a part hereof; and,
WHEREAS, the fee for these professional engineering services, which will not exceed
$33,500, will be paid from Miscellaneous Contribution Fund 12117, Downtown NE
Redevelopment/Public Lights Organization 124057.
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
Walker Parking Consultants to provide professional traffic engineering assistance to update the
Downtown Parking Study and Parking Management Plan, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee not to exceed $33,500, will be
paid from Miscellaneous Contribution Fund 12117, Downtown NE Redevelopment/Public
Lights Organization 124057.
l 8>>htp APPROXED AS TO FORM:
/
CITY ATTORNEY DATE
By � oG .
Councilmember
Adopted FEB 1 1 2014 -0
City Clerk 02/ /t
Approved.Air A (i Mayor
/ '
5
NO. t' / ..,.........
Resolution by
Res. that, as recommended by the Mayor, the
Professional Services Agreement with Walker
Parking Consultants to provide professional
traffic engineering assistance to update the
Downtown Parking Study and Parking
Management Plan, is hereby approved; and
that the Finance Department is authorized to
pay a fee not to exceed $33.500, will be paid
from Miscellaneous Contribution Fund
12117, Downtown NE Redevelopment/Public
Lights Organization 124057.
181 l Ahtp
Presented to City Council
FEB 112014
Adopted
ewter drocun
City Clerk