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RES 2012-0510 - Agmt with Alfred Benesch and Company for OPW 52100, concrete repair package 2 k \l 1—Acit ,I.� sl; RECEIVED Public Works Department e1 �p'X����,� �� ,��� _� �� �1 1 Omaha/.Douglas Civic Center `„�` a A, �. .,t1 April 17, 2012 1819 Farnam Street,Suite 601 "r 1 E R 1S Omaha,Nebraska 68183-0601 Aop � ( 1 t C (402)444-5220 4TFo FEBR`)* !„ � Fax(402)444-5248 City of Omaha Robert G.Stubbe,P.E. Jim Suttle,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement between the City of Omaha and Alfred Benesch & Company for Omaha Concrete Repair, Pkg. 2, at various locations in the City of Omaha, known as Project MAPA-5026(14), State Control No. 22499, and OPW 52100. The City Council approved a Construction Engineering Services Agreement with the Nebraska Department of Roads (NDOR) for this project by Council Resolution No. 123 on January 31, 2012; according to which NDOR has agreed to steward the programmed project funds as required by the Federal Highway Administration, which has pledged to cover 80% of the eligible project costs. As a part of that agreement, the City desires to contract with Alfred Benesch & Company to provide additional construction engineering services for this street improvement project according to the attached Professional Services Agreement, for the sum not to exceed $74,596.79. 80% of this fee will be covered by Federal Funds, leaving the City's local share to be $14,919.36 which will be paid from the 2006 Transportation Bond Fund 13182, 2010 Issue Transportation Bond Organization 117115. Alfred Benesch and Company has filed the required Annual Contract Compliance Form CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution. Respectfully submitted, Referre City Council for Consideration: C-21-e-49 z— /2-- Robert G. Stubbe, P.E. Date Mayor's ffi Date Public Works Director Approved as to Funding: Approved: , / /7///A Pam Spaccarotella Date Human Rights and Relations Date Finance Director Department 1434htp ill be provided on as requested basis,and shall consist of part-time or full-time construction observation services appropriate for the tasks assigned. Inspection staff shall provide a vehicle and any equipment required to provide requested services. Construction consultation services shall include review of shop drawings,technical interpretation of project plans,development of special details or plans for modifications to project plans, analysis of proposed changes, change orders or supplemental agreements proposed by the Contractor or the City. Other services mutually agreeable to all parties may be added upon request. ces may be performed on any day during the course of the project as determined by the City. in. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 1st day of March, 2012, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and Alfred Benesch & Company (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION PROJECT NO. MAPA-5026(14)CN 22499 Concrete Panel Repair—Package#2, Omaha Omaha,NE ' Construction Engineering Services 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 730 day period after receipt of a purchase order from the City. B. Provider designates Jeff Sockel,PE whose business address and phone number is 14748 West Center Road, Suite 200; Omaha, NE 68144; (402) 333-5792 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 365 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 Troy Staroscik whose business address and phone number are 1819 Farnam Street, Omaha,NE 68183; 402-444-5220 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. truction consultation services shall include review of shop drawings,technical interpretation of project plans,development of special details or plans for modifications to project plans, analysis of proposed changes, change orders or supplemental agreements proposed by the Contractor or the City. Other services mutually agreeable to all parties may be added upon request. ces may be performed on any day during the course of the project as determined by the City. in. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. 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 $74,596.79. 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. y be performed on any day during the course of the project as determined by the City. in. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. 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 with the Provider's receipt of said notice being 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. mpensated; 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. 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 Immmigration 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 applicant for employment because of race,religion, color,sex,national origin,or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-89. The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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 or national origin. 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 contract compliance officer 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 section 10-192 to 10- 194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer 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 of 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 is necessary to protect the interests of the city and to effectuate these 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. • EXECUTED this 1st day of March , 2012 . Jeffery A. Sockel, PE Provid r By ATTEST Vice President- Omaha Division Manager (Title) EXECUTED this / 0"' day of 4/41 . . , ad oA . ATTE F OMAHA,A 'cipal Corporation ty Clerk Mayor APPROVED AS TO FORM: -1 eputy City Attorney Revised: 6/2011 i __ D CD -t ,- UQ C Q' 0 O 0P-' 0 0' 0 GG " i P i I CD° CD ,_,_ 0 p) 0-s CD CD • I P., Q-' ri) Po CD CD 0� CD 0 O N O CD C/1 o 2 Og cDD • • cD C r* cD pp 'GGd ,-* 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 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 the City of Omaha to terminate the Agreement for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Agreement, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the undersigned/Provider will be subject to the terms of any future professional service awards. Signature Title Date of Signing Firm or Corporate Name Address Telephone Number ernment for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. EXHIBIT"B" SCOPE OF SERVICES 2012 . Jeffery A. Sockel, PE Provid r By ATTEST Vice President- Omaha Division Manager (Title) EXECUTED this / 0"' day of 4/41 . . , ad oA . ATTE F OMAHA,A 'cipal Corporation ty Clerk Mayor APPROVED AS TO FORM: -1 eputy City Attorney Revised: 6/2011 i __ D CD -t ,- UQ C Q' 0 O 0P-' 0 0' 0 GG " i P i I CD° CD ,_,_ 0 p) 0-s CD CD • I P., Q-' ri) Po CD CD 0� CD 0 O N O CD C/1 o 2 Og cDD • • cD C r* cD pp 'GGd ,-* //++ Alfred Benesch&Company 411 b e.fl e S 4 14748 W.Center Road,Suite 200 engineers+Scientists.planners Omaha,NE 68144-2029 www.benesch.com P 402-333-5792 Exhibit "B" F402-333-2248 PROFESSIONAL CONSTRUCTION ENGINEERING SCOPE OF SERVICES Concrete Panel Repair—Package#2,Omaha MAPA 5026(14)CN 22499 Benesch proposes to provide the following scope of services for the project. These services are provided in accordance with our executed Master Agreement for On-call CE Services and the associated Task Order for this project. Assumptions This scope of services and the associated professional fee are based upon the following assumptions: • There will be approximately 89 total calendar days required to construct the project and construction engineering services will be provided on an as required basis coordinated by the City's designated representative • Benesch's designated representatives will be provided SiteManager access to the project for the purposes of inputting and updating entries related to the materials sampled and/or tested by Benesch • SiteManager entries for materials not inspected,sampled,or tested by Benesch will be entered by others • All sampling,testing or inspection of pre-cast materials is excluded from this scope of services and is assumed will be handled by the manufacturer or NDOR • All testing and sampling associated with traffic signal components with the exception of concrete materials is excluded from this scope of services • All testing and sampling associated with barricading or sign retro-reflectivity is excluded from this scope of services • All testing or sampling associated with seed, mulch, plantings,or other vegetation is excluded from this scope of services • It is anticipated that multiple crews working in multiple locations on the same day will occur over the course of the project. Depending on the source of materials, multiple testing staff may be required to satisfy testing requirements, both in the field and/or at the plant,when this occurs. • The contract documents require the contractor to pour every day removals are performed. The hours specified are based upon the estimated number of tests specified in the Testing Quantities summary. These testing quantities are based upon the requirements established in the NDOR Materials Sampling Guide for the number of individual concrete placements requiring testing. • It is anticipated that the City will require the Consultant to provide part or full-time inspection services for up to 120 hours throughout the course of the project to supplement their existing staff as needed. These services will be performed by an experienced construction observer having 2 or more years of observation experience. These services may be performed on any day during the course of the project as determined by the City. ent without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. Exhibit "B" benesch engineers.scientists.planners Project Management • The Project Manager and the Project Representative will attend the pre-construction meeting. • The Project Manager or the Project Representative will attend any progress meetings. • The Project Manager,or his designated charge,will coordinate and oversee all project services provided by Benesch, including any subconsultants. • All services will be performed in reasonable accordance with accepted NDOR procedures Inspection and Materials Sampling and Testing Benesch will provide, perform, or otherwise coordinate the following inspection, material sampling and testing, and/or construction consultation services on an as requested basis. Services shall be provided for the following project activities and associated items except as modified herein. Testing services shall be in accordance with the NDOR Materials Sampling Guide requirements for QA field personnel. • Concrete Pavement Items—subgrade, aggregate surface/base course,aggregate subdrains,subdrain backfill,concrete pavement, asphalt pavement, asphalt binder, earth shoulder construction, median construction,and sidewalk construction. The approximate hours for each level of personnel and quantities for each test to be performed have been estimated as a basis for defining the scope of testing services for the above items and are included under separate attachment. SiteManager entries will be performed by Benesch personnel for portions of the work inspected and for the materials sampled and/or tested by Benesch. Benesch shall deliver samples or split samples to NDOR as required for any materials sampled and/or tested by Benesch. Benesch will provide a certified tester on site during all concrete placements unless testing will not be required for a particular concrete placement. Plant inspections(concrete or asphalt)will consist of a plant visit during or immediately prior to production to review the site, material storage and delivery systems,etc. and to sample materials as required by the Materials Sampling Guide. Full time plant monitoring will not be provided during production. No monitoring or inspection will be provided at pre-cast concrete plants or other off-site fabrication facilities (rebar, poles, etc.). Inspection services shall be provided to supplement City staff,will be provided on as requested basis,and shall consist of part-time or full-time construction observation services appropriate for the tasks assigned. Inspection staff shall provide a vehicle and any equipment required to provide requested services. Construction consultation services shall include review of shop drawings,technical interpretation of project plans, development of special details or plans for modifications to project plans,analysis of proposed changes, change orders or supplemental agreements proposed by the Contractor or the City. Other services mutually agreeable to all parties may be added upon request. uring the course of the project as determined by the City. ent without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. EXHIBIT"C" BREAKDOWN OF COSTS . Jeffery A. Sockel, PE Provid r By ATTEST Vice President- Omaha Division Manager (Title) EXECUTED this / 0"' day of 4/41 . . , ad oA . ATTE F OMAHA,A 'cipal Corporation ty Clerk Mayor APPROVED AS TO FORM: -1 eputy City Attorney Revised: 6/2011 i __ D CD -t ,- UQ C Q' 0 O 0P-' 0 0' 0 GG " i P i I CD° CD ,_,_ 0 p) 0-s CD CD • I P., Q-' ri) Po CD CD 0� CD 0 O N O CD C/1 o 2 Og cDD • • cD C r* cD pp 'GGd ,-* • 7 Li)) M ((O. O W a00, COO,CO W O 1F. 0 0 O O O ° U(O CO V In a7 O co 11 11 OO 000 00 0 0 o O E co •- c �� cn 00. A /n Exhibit C 0 4 o 01 . a0 a N ao v-v v I- '��v o N n o(n co ad In s Z vi a O (O V O '- N M (O fAU) (EA)EA N. EA EH 49 N t O 2 0 0 ZU o 0 a) _ N U) 0 0 2L O. 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C:: N U -) Q U d Q U U Z aw20 O Om 3022o a) cr F w F UJwa wFoo LCw,F w� N �°� U U � 0 U U azOz� U Utoo22 €� a 0 m m ww mWmD w F-r- D ya^oamu, Om 7:1)> a a a wacn w Uww� rt O ° of o o do m F o o I J F 6� gwFO CC- _'�_ Nd2u)UUaa F 0 a a U rna apUU -I (0 O O Z Z - w d F- W F- w d F- F-w w m F- Ocaa 0 m a) O > 0EK-0 Ox=O O N4.R2 0 F- 0 U F- O I- 0.2F- F-w 0u) F- s,analysis of proposed changes, change orders or supplemental agreements proposed by the Contractor or the City. Other services mutually agreeable to all parties may be added upon request. uring the course of the project as determined by the City. ent without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. • • 3«{ 7 Exhibit "C' w2 2 )\ 0. | Eo �, v 71. • — =3 = )/ ©© »/\) ) ° f ) / g \ A a. CC - = § # --- _ co co CO C•1 tN CNI CO CV CO CO ; - - i )° E ' ' ' �, \ \\3 CD CO CS1 f\ ,,, G2 E:ac co 0 ° )\, 20 0 CO § . k/ ) 000 /� � « \/\ km2 Z § (/\/ • ( ) \)kkk § < W ® m§))) / � ( \\.){k$ / / J 92° a-\())) 3333 § ! | | | $ | aZ < 0000) 0o o . , 000000 • cD C r* cD pp 'GGd ,-* • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City Council approved a Construction Engineering Services Agreement with the State of Nebraska Department of Roads (NDOR) by Council Resolution No. 123 on January 31, 2012 for Federal funding for Omaha Concrete Repair, Pkg. 2, at various locations in the City of Omaha, project identified as Federal Aid Project MAPA-5026(14), State Control No. 22499, and OPW 52100; and, WHEREAS, in conjunction with above agreement the City of Omaha desires to contract with Alfred Benesch and Company, as selected by the Architects and Engineers Selection Process,to provide additional professional construction engineering services; and, WHEREAS, Alfred Benesch and Company has agreed to provide these services according to the attached Professional Services Agreement, which by this reference is made part hereof, for the sum not to exceed $74,596.79, 80% of which will be paid from federal funds and the City's local share, being $14,919.36, will be paid from the 2006 Transportation Bond Fund 13182, 2010 Issue Transportation Bond Organization 117115. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Alfred Benesch and Company for additional construction engineering services on Project MAPA-5026(14), State Control No. 22499, and OPW 52100, being Omaha Concrete Repair, Pkg. 2, at various locations in the City of Omaha, for the sum not to exceed $74,596.79, 80% of which will be paid from federal funds and the City's local share, being $14,919.36, will be paid from the 2006 Transportation Bond Fund 13182, 2010 Issue Transportation Bond Organization 117115, is hereby approved. BE IT FURTER RESOLVED: THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha. 1433htp APPROVED AS TO FORM: avnew CITY ATTORNEY DATE By ui ilmember Adopted PR 1 7 2012 City C e k Ap May Q U d Q U U Z aw20 O Om 3022o a) cr F w F UJwa wFoo LCw,F w� N �°� U U � 0 U U azOz� U Utoo22 €� a 0 m m ww mWmD w F-r- D ya^oamu, Om 7:1)> a a a wacn w Uww� rt O ° of o o do m F o o I J F 6� gwFO CC- _'�_ Nd2u)UUaa F 0 a a U rna apUU -I (0 O O Z Z - w d F- W F- w d F- F-w w m F- Ocaa 0 m a) O > 0EK-0 Ox=O O N4.R2 0 F- 0 U F- O I- 0.2F- F-w 0u) F- s,analysis of proposed changes, change orders or supplemental agreements proposed by the Contractor or the City. Other services mutually agreeable to all parties may be added upon request. uring the course of the project as determined by the City. ent without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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. A > ' r w A1 Vl 8 g n n b by w OQ O - A• C7 .-r' N C .NON O ..• o CD .. 0 vQ 0a� .0 Orn a, 7D a n 0 O ' ' CC/)UQ L .b CD up CD A) �! rn W �,� `C in 0 p v�i O (D �p O (� L3 C O (0 Pr —& '�T' c~ ~i)• E ' OQ.. '-r p O Q•; > g co cl o'-' ii.-D15 ..11 V'Cl CD q o o o. v' oi; rzu'ah ra nc 1' cig .,:t-. ;c-3, 4.,• .- ,D8 r, N �s ¢' to `, C °, o- � � � g) � �� ace n - OCD 0 0 0 0 , a�p0 - o (n O � cr �-r H, ''d • Ao 5 rr i }�` tE�„r' CM