RES 2012-0513 - Appraisal services from John A Moran & Associates for 144th St improvement project from Franlkin St to Eagle Run Dr s Q 0TA"A•NFA
�� V 4 44' RECEIVED Public Works Department
z p raV b Omaha/Douglas Civic Center
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�®. f � F April 17, 2012 12 APR -6 PM 5: 12 1819 Farnam Street,Suite 601
o'••' � �^°'` Omaha,Nebraska 68183-0601
oq Q` r,, F..„., (402)444-5220
�A eTFD ro CITY i,L i 4 Fax(402)444-5248
OMAHA, ERRASK
City of Omaha Robert G.Stubbe,P.E.
Jim Sortie,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving the proposal for professional services with John
A. Moran & Associates to provide the appraisal services relating to the acquisition of property
rights necessary for the 144th Street Improvement project from Franklin to Eagle Run Drive and
for Blondo Street from 135th to Eldorado Dr, also known as City Project No. S.P. 2000-14A,
Federal Project No. MAPA-5001(19).
John A. Moran & Associates has agreed to perform the appraisal services detailed in the
proposal, which by this reference becomes a part hereof, for the total maximum fee not to exceed
$29,200.00. This amount will be paid from 2006 Transportation Bond, Fund 13182, 2011 Issue
of 2006 Transportation Bond, Organization 117116.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
1- 7-i d .lhh� '3 Imo.
1 R bert G. Stubbe, P.E. Date Human Rights and Relations Date
Public Works Director Department
•
Approved as to Funding: Referred to City Council for Consideration:
62„,,,, .....__ 4 ,.2 ‘..,-. (Z
,--D Pam Spaccarotella Date Mayor's f ice/Title Date
Finance Director
0048 TGP
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kson is not liable for any corrective work or expenditure that has not been authorized by Parkson in writing prior to the
commencement of such work and prior to committing to such expenditures. Inspection service calls, requested by Buyer, where no
evidence of nonconforming materials and/or workmanship is found,will be invoiced to the Buyer at Parkson's current per diem,plus all .
travel and living expenses.Onsite labor and freight are not covered by this Warranty.This Warranty does not cover normal wear and tear. .
Following a Warranty claim,verification of proper operation and maintenance is required.Physical damage due to external forces and/or
• accident is not covered by this Warranty. The effects of corrosion and unforeseeable influent characteristics are excluded from this .
Warranty. Actions by 3rd parties in causing nonconformity of the Equipment:are not covered under this Warranty. .
THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL .OTHER GUARANTEES AND
• WARRANTIES OF ANY KIND WHATSOEVER, WRITTEN, ORAL OR IMPLIED; ALL OTHER WARRANTIES
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A ..
PARTICULAR PURPOSE,ARE HEREBY DISCLAIMED. •
XVII. INDEMNIFICATION:Buyer shall comply and require its employees to comply with all instructions given by Parkson regarding
installation,use and maintenance of the Equipment sold by Parkson and shall require its employees to use reasonable care and all safety
devices in.the operation and maintenance of said Equipment.Buyer.shall not remove or permit removal or modification of any safety
device,warning sign or label.Buyer shall immediately give Parkson written notice of any personal injury or property damage arising out of
the use of the Equipment and cooperate with Parkson in investigating any such accident or malfunction.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
and nature(including attomey's fees)for personal injury or property damage arising from or in any way connected with the operations,
activities or use of the Equipment sold by Parkson if Buyer fails to fulfill any of the foregoing obligations.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
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PARTICULAR PURPOSE,ARE HEREBY DISCLAIMED. •
XVII. INDEMNIFICATION:Buyer shall comply and require its employees to comply with all instructions given by Parkson regarding
installation,use and maintenance of the Equipment sold by Parkson and shall require its employees to use reasonable care and all safety
devices in.the operation and maintenance of said Equipment.Buyer.shall not remove or permit removal or modification of any safety
device,warning sign or label.Buyer shall immediately give Parkson written notice of any personal injury or property damage arising out of
the use of the Equipment and cooperate with Parkson in investigating any such accident or malfunction.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
and nature(including attomey's fees)for personal injury or property damage arising from or in any way connected with the operations,
activities or use of the Equipment sold by Parkson if Buyer fails to fulfill any of the foregoing obligations.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
C-25A
CITY OF OMAHA
• LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City Council of the City of Omaha determined the necessity of acquiring:
various property interests for the 144th Street Improvement project from Franklin to Eagle
Run Drive and for Blondo Street from 135th to Eldorado Dr, also known as City Project
No. S.P. 2000-14A, Federal Project No. MAPA-5001(19) by Ordinance No. 38779 which
was adopted on June 22, 2010; and,
WHEREAS, John A. Moran & Associates, has been selected to provide the appraisal
services relating to the acquisition of,property rights necessary for the 144t Street
Improvement project from Franklin to Eagle Run Drive and for Blondo Street from 135th
to Eldorado Dr, also known as City Project No. S.P. 2000-14A, Federal Project No.
MAPA-5001(19); and,
WHEREAS, John A. Moran & Associates has agreed to perform the appraisal
service detailed in the proposal, which by this reference becomes a part hereof, for the
total maximum fee not to exceed $29,200.00; and,
WHEREAS, this amount will be paid from 2006 Transportation Bond, Fund
13182, 2011 Issue of 2006 Transportation Bond, Organization 117116.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the proposal of John A. Moran &
Associates, to provide appraisal services relating to the acquisition of property rights
necessary for the 144th Street Improvement project from Franklin to Eagle Run Drive and
for Blondo Street from 135th to Eldorado Dr, also known as City Project No. S.P. 2000-
14A, Federal Project No. MAPA-5001(19), is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a.total maximum fee not to
exceed $29,200.00 from 2006 Transportation Bond, Fund 13182, 2011 Issue of 2006
Transportation Bond, Organization 117116.
APPROVED AS TO FORM
N/1077144
• "� Assistant City Attorney Date
By
ilmember
Adopted 0048tgp APR 1 7 2012 9-0
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Wort �'
\A
TY OF MERCHANTABILITY AND/OR FITNESS FOR A ..
PARTICULAR PURPOSE,ARE HEREBY DISCLAIMED. •
XVII. INDEMNIFICATION:Buyer shall comply and require its employees to comply with all instructions given by Parkson regarding
installation,use and maintenance of the Equipment sold by Parkson and shall require its employees to use reasonable care and all safety
devices in.the operation and maintenance of said Equipment.Buyer.shall not remove or permit removal or modification of any safety
device,warning sign or label.Buyer shall immediately give Parkson written notice of any personal injury or property damage arising out of
the use of the Equipment and cooperate with Parkson in investigating any such accident or malfunction.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
and nature(including attomey's fees)for personal injury or property damage arising from or in any way connected with the operations,
activities or use of the Equipment sold by Parkson if Buyer fails to fulfill any of the foregoing obligations.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
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