RES 2014-0005 - Agmt with Thiele Geotech Inc for OPW 51962, Webster-Nicholas sewer separation project MAHA,N
4° ��s Public Works Department
UP 7
fyk�"' n _ r Omaha/Douglas Civic Center
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p �.M: Omaha,Nebraska 68183-0601
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City of Omaha Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement with Thiele
Geotech, Inc. to provide material engineering and testing services on the Webster-Nicholas
Sewer Separation Project, known as OPW 51962 in the area of Nicholas Street and 18th Street.
The scope of services includes compaction testing, core sampling and additional scopes as listed
in the attached Professional Services Agreement, which is made a part hereof.
Thiele Geotech, Inc. has agreed to perform the services listed in the attached Agreement for a fee
not to exceed $89,799.00, which is to be paid from the Sewer Revenue Improvement Fund
21124; CSO Control Implementation Organization 116918. Sewer Revenue Bonds will be issued
to finance this project.
Thiele Geotech, 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 Amendment to the Engineering Agreement.
Respectfully submitted, Referred to City Council for Consideration:
. - - ,....Z.4- /I -6 / 5 1Z- D. t 5
Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: 'lpproved
el /4 7 /.3 /4
Steph Curtiss Date Human Rights and Relations Date
Finance Director Department
. 1190djr
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 Thiele Geotech, Inc. to provide
material engineering and testing services on the Webster-Nicholas Sewer Separation Project,
known as OPW 51962 in the area of Nicholas Street and 18th Street; and,
r
WHEREAS, Thiele Geotech, Inc. was selected by the Architects and Engineers Selection
Process and has agreed to provide geo-technical services including compaction testing, core
sampling and additional scopes as listed in the attached Professional Services Agreement, which
by this reference is made a part hereof; and,
WHEREAS, Thiele Geotech, Inc. has agreed to perform the services listed in the attached
Agreement for a fee not to exceed $89,799.00, which is to be paid from the Sewer Revenue
Improvement Fund 21124; CSO Control Implementation Organization 116918. Sewer Revenue
Bonds will be issued to finance this project.
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 Thiele
Geotech, Inc. for material engineering and testing services on the Webster-Nicholas Sewer
Separation Project, known as OPW 51962 in the area of Nicholas Street and 18`1' Street, is hereby
approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee for these services not to exceed
$89,799.00, to be paid from the Sewer Revenue Improvement Fund 21124; CSO Control
Implementation Organization 116918. Sewer Revenue Bonds will be issued to finance this
project.
1189djr , APPROVED AS TO FORM:
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4,CITY ATTORNEY DATE
By Atiiitaeld%
Councilmember
Adopted AN 7 2.Q1.4 7 0
.. ..
City Clerk //4
Approved�J � a
Mayor
MATERIAL ENGINEERING&TESTING SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 18th day of November, 2013, by and between
the City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to
as the "City"), and Thiele Geotech, Inc. (hereinafter referred to as the "Provider"), on the terms,
conditions and provisions as set forth herein below.
I. PROJECT NAME AND DESCRIPTION
OPW 51962,City of Omaha, Webster-Nicholas Sewer Separation
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 600 day
period after receipt of a purchase order from the City.
B. Provider designates Bob Matlock whose business address and phone number is 13478
Chandler Road, Omaha,NE 68138, 402-556-2171 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 600 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 Tom Glow whose business address and phone number are 1819 Farnam Street,
Suite 601 Omaha, NE 68183, 402-444-5279 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 $80,799. Detailed breakdown of costs shall be shown in
Exhibit"C".
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 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 18th day of November , 2013 .
Melt Geotec4 , ,r4,,
Provider
` By
ATTEST Vitt Pres i J eh #
(Title)
EXECUTED this 9 77' day of A/a4 , c)
ATTEST CITY OF MAHA Municipal Corporation
At---/‘92- B A,_,
Ci Clerk Mayor
APPROVED AS TO FORM:
L ! /5
Deputy City Attorney
Revised: 6/201 l
EXHIBIT"A"
Utilization of Small and Emerging Small Businesses
It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the
maximum practicable opportunity to participate in City of Omaha projects. With regard to this
project,the following Certified Professional Service Provider(s) have been identified and
contracted with to perform the identified project tasks:
Scope of work or Projected
project tasks to be commencement
Name of small or performed and completion Agreed price with
emerging small Address date of work SB/ESB Percentage(%)
business
N/A
Totals N/A N/A
CERTIFICATION
The undersigned certifies that he/she is legally authorized by the Provider to make the statements and representations regarding
small and/or emerging small business participation and that said statements and representations are true and correct to the best of
his/her knowledge and belief. The undersigned will enter into formal agreement(s) with the identified small and/or emerging
small business(es)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)at the
price(s) set forth in this Exhibit conditioned upon execution of this Agreement by the Provider with the City of Omaha. The
undersigned/Provider agrees that if any of the representations made regarding utilization of small and/or emerging small business
by the Provider knowing them to be false,or if there is a failure by the Provider to implement the stated agreements,intentions,
objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute
a material breach of the agreement,entitling th- City of Omaha to terminate the Agreement for default. The right to so terminate
shall be in addition to, and not in lieu of,ai /other rights or remedies the City of Omaha may have for other defaults under the
Agreement, under City of Omaha's Con'. t Co iance Ordinance or otherwise. Additionally,the undersigned/Provider will
be subject to the terms of re p.frssio ice awards.
Signature Michael Gerdes
Title Senior Vice President Date of Signing 11/18/13
Firm or Corporate Name Thiele Geotech,Inc.
Address 13478 Chandler Road,Omaha,NE 68138 Telephone Number 402-556-2171
Material Testing Proposal November 16,2013
Exhibit B
Material Testing Proposal-Exhibit B
OPW 51962
Webster-Nicholas Sewer Separation
Omaha, Nebraska
November 18, 2013
SCOPE OF SERVICES
Material testing on this project will consist of the following services:
1. Compaction tests on structural fill and backfill of pipes and structures related to storm and
sanitary sewers
2. Compaction tests on pavement subgrades
3. Test concrete materials and make cylinders
4. Sample asphalt materials and periodically monitor laydown compaction
5. Appurtenant laboratory tests on soil,concrete, and asphalt materials
6. Engineering consultation,reports, and project management
Test procedures and requirements will be as set forth in the plans and specifications. The frequency and
locations of tests will be in accordance with the contract documents or as directed by the Engineer or field
representative. Testing will be conducted on an "on-call" basis.
Personnel providing services will be qualified technicians possessing the necessary certifications as
required for the project. Personnel qualifications are attached as part of this exhibit.
ESTIMATED COST & BILLING
Testing services will be billed monthly at the unit rates listed in Exhibit C. Any tests not listed will be
billed at our normal fee schedule rates in effect at the time of the test. Based on the number of tests in
Exhibit C, the total cost for testing services is estimated at $80,799. This cost estimate is intended as a
not to exceed cost without prior written authorization. We will bill only for the tests actually performed,
and not on any lump sum or minimum cost basis.
1.
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Material Testing Proposal 11/18/2013
Exhibit C
COST ESTIMATE
OPW 51962 Webster Nicholas Sewer Seperation
Description Estimated Unit Estimated
Quantity Rate Cost
Storm Sewer and Junction Box Backfill
Compaction Test(ea.) 162.0 30.00 4,860.00
Trip Charge-Zone 1 (/trip) 84.0 55.00 4,620.00
Sanitary Sewer
Compaction Test(ea.) 117.0 30.00 3,510.00
Trip Charge-Zone 1 (/trip) 52.0 55.00 2,860.00
Paving,Walks and ADA Ramps
Compaction Test(ea.) 166.0 30.00 4,980.00
Trip Charge-Zone 1 (/trip) 94.0 55.00 5,170.00
Concrete Test Set(slump/air/temp/cast 4-4"x8" OR 3-6"x12" cyl) 171.0 72.00 12,312.00
Compressive Strength of Cylinder(ea.) 684.0 15.00 10,260.00
Trip Charge-Zone 1 (/trip) 186.0 55.00 10,230.00
Pavement Core (includes patch) (ea.) 45.0 64.00 2,880.00
Measured Length of Core (ea.) 45.0 8.00 360.00
Trip Charge-Zone 1 (/trip) 4.0 55.00 220.00
HMA Gyratory(%AC, Gradation, MLD, MTD)/(set) 2.0 395.00 790.00
Level III Technician (/hr.) 3.0 64.00 192.00
Trip Charge-Zone 1 (/trip) 2.0 55.00 110.00
Asphalt Specimen Coring (ea.) 2.0 60.00 120.00
Core Compaction and Measured Length (ea.) 4.0 26.00 104.00
Trip Charge-Zone 1 (/trip) 1.0 55.00 55.00
Junction Box Structures
Concrete Test Set(slump/air/temp/cast 4-4"x8" OR 3-6"x12" cyl) 28.0 72.00 2,016.00
Compressive Strength of Cylinder(ea.) 112.0 15.00 1,680.00
Trip Charge-Zone 1 (/trip) 35.0 55.00 1,925.00
Miscellaneous
Senior Engineer(/hr.) 56.0 150.00 8,400.00
Standard Proctor(ea.) 4.0 150.00 600.00
Modified Proctor(ea.) 4.0 165.00 660.00
Atterberg Limits (/set) 8.0 70.00 560.00
Sieve Analysis of Aggregate (ea.) 5.0 70.00 350.00
Relative Density Test(ea.) 5.0 195.00 975.00
Total 80,799.00
Other Services
Any item or category not listed will be billed at our normal Fee Schedule
rate in effect at the time of service.
T hi e I e G e o tech Inc
NO.
Resolution by
Res. that, as recommended by the Mayor, the
Professional Services Agreement with Thiele
Geotech, Inc. for material engineering and
testing services on the Webster-Nicholas
Sewer Separation Project, known as OPW
51962 in the area of Nicholas Street and 18`1'
Street, is hereby approved; and that, the
Finance Department is authorized to pay a fee
for these services not to exceed $89,799.00, to
be paid from the Sewer Revenue
Improvement Fund 21124; CSO Control
Implementation Organization 116918. Sewer
Revenue Bonds will be issued to finance this
project.
1189Adjr
34 I/
Presented to City Council
JAN 7 2014
Adopted o
gaiter grown
City Clerk