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RES 2009-0364 - Payment to DLT Solutions Inc for AutoCAD computerized design package • RECEIVED Public Works Department Omaha/.Douglas Civic Center April 14 ASAPR —3 Pf'i 1: 59 1819 Farnam Street,Suite 601 tro Omaha,Nebraska 68183-0601 qoAllS 4r .}r� � r, (402)444-5220 Ft)FEBR t,+ a C,',�.c..i 3_, Fax(402)444-5248 City of Omaha OMAHANEBR ASKA Robert G.Stubbe,P.E. Mike Fahey,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Purchase Order with DLT Solutions, Inc. for annual license fees for the use of a computerized design software package known as "AutoCAD" being used in the Public Works Department's Design Engineering Division. The annual license fee for the use of"AutoCAD" is $20,919.89, which will be paid from the Street and Highway Allocation Fund 12131, Design Engineering Organization 116132, year 2009 expenditure. DLT Solutions, Inc. has filed the required Annual Contract Compliance Report Form in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution. Respectfully submitted, Referred to City Council for Consideration: -z°-0? 3-27-`�1 obert G. Stubbe, P.E. Date Ma is Office Date Public Works Director Approved as to Funding: Approved: • Carol A. Ebdon Date Human fights nd Rela t ons n_ , Date Finance Director Department 1'� 1250hxf Mayor in the amount of$89,274.50 and requests your consideration and approval of this Resolution. Respectfully submitted, Referred to City Council for Consideration: .c4„,"6„4_, / z.e._7(1.,, .R/G6/1 9 31y oy Robert G. Stubbe,P.E Date May is Offi e Date Public Works Director Approved as to Funding: Approved: k *SCV Carol A. Ebdon Date Human Rig . and 'relations Date Finance Director Department VD 131909scp of changes made,authorized,or ordered by the CLIENT, then the CONSULTANT shall receive additional compensation for such changes. Fees for these changes will be computed on an hourly basis. Information Furnished by CLIENT: CLIENT shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data and other information furnished by CLIENT to CONSULTANT pursuant to this Agreement. CONSULTANT may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. Successors and Assigns: Both parties agree that, upon execution of this agreement, same shall be binding upon their/its successors, assigns,and legal representatives until terminated by the expiration of agreement or termination by written notice,as provided above. Limitation of Liability: The CLIENT agrees to limit the CONSULTANT'S liability to all parties on the project due to the CONSULTANT'S negligent professional acts,errors or omissions,such that the total aggregate liability of the CONSULTANT shall not exceed$50,000.00. Opinion of Probable Construction Cost: Opinions of probable construction costs and detailed cost estimates prepared by the CONSULTANT represent his/her best judgment as a design professional familiar with the construction industry. It is recognized, however, that the CONSULTANT has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices or over competitive bidding or market conditions. Accordingly,the CONSULTANT makes no warranty,express or implied,that the bids or the negotiated cost of the work will not vary from the Consultant's opinion of probable construction cost. Contractor's Work: That the CONSULTANT shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction,or the safety precautions and programs incident thereto,and the CONSULTANT shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. Jobsite Safety: That the General Contractor shall be solely responsible for jobsite safety, and that this intent shall be carried out in the client's contract with the General Contractor,and that such contract shall indemnify the CONSULTANT. The CONSULTANT, and his agents,shall be named as an additional insured on the General Contractor's policies of general liability insurance. Construction Staking That the Fees the CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT,therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS Quote: 3278397 ���,�� �,*� Reference: 485850 DI 01 I�'I, 1 Price Quotation Date: 01/19/2009 Expires: 03/25/2009 To: Karl Hundtofte From: Erik Herring City of Omaha Public Works DLT Solutions, Inc. 1819 Farnam Street 13861 Sunrise Valley Drive Suite 600 Suite 400 Omaha, NE 68183 Herndon, VA 20171 • Phone: (402)444=5106 Phone: (703)773-1192 Fax: (402)444-5248 Fax: (866)708-6705 Email: khundtofte@ci.omaha.ne.us Email: erik.herring@dlt.com # Part No. Description Qty Contract Unit Price Ext. Price 1 9701-0107nr1 AutoCAD 2009 Subscription Renewal-1 1 GSA $427.52 $427.52 Year Contract:7550119430 Exp:5/14/2009 +2 9701-0116nr1 AutoCAD LT 2009 Subscription Renewal- 3 GSA $185.26 $555.78; 1 Year lContract 7550119430 Exp: 5/14/2009 3 9701-0147nr1 Raster Design 2009 Subscription Renewal 8 GSA $247.01 $1,976.08 -1 Year _ Contract.7550119430 Exp:5/14/2009 _ _ _ 4 9701-0429nr1 T Civil 3D 2009 Subscription Renewal-1 19 GSA $945.29 J $17,960.51, Year Contract 7550119430 Exp:5/14/2009 Quoted on behalf of Avatech Solutions Inc, your local Authorized Autodesk Reseller Total: $20,919.89 Want to save 5 to 10%on your subscription contract? Ask your rep how. You Must Take Advantage Of This Option Before Your Contract's Expiration Date GSA Schedule Data: Contract#: GS-35F-4543G Contract Category: Schedule 70 Contract Term: 04/01/1997-4/1/2013 DUNS#: 78-646-8199 • Federal ID#: 54-1599882 CAGE Code: OSOH9 FOB: Destination Terms: Net 30(On Approved Credit) DLT accepts VISA/MC/AMEX Ship Via: Fedex Ground/UPS Page 1 of 2 Approved as to Funding: Approved: k *SCV Carol A. Ebdon Date Human Rig . and 'relations Date Finance Director Department VD 131909scp of changes made,authorized,or ordered by the CLIENT, then the CONSULTANT shall receive additional compensation for such changes. Fees for these changes will be computed on an hourly basis. Information Furnished by CLIENT: CLIENT shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data and other information furnished by CLIENT to CONSULTANT pursuant to this Agreement. CONSULTANT may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. Successors and Assigns: Both parties agree that, upon execution of this agreement, same shall be binding upon their/its successors, assigns,and legal representatives until terminated by the expiration of agreement or termination by written notice,as provided above. Limitation of Liability: The CLIENT agrees to limit the CONSULTANT'S liability to all parties on the project due to the CONSULTANT'S negligent professional acts,errors or omissions,such that the total aggregate liability of the CONSULTANT shall not exceed$50,000.00. Opinion of Probable Construction Cost: Opinions of probable construction costs and detailed cost estimates prepared by the CONSULTANT represent his/her best judgment as a design professional familiar with the construction industry. It is recognized, however, that the CONSULTANT has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices or over competitive bidding or market conditions. Accordingly,the CONSULTANT makes no warranty,express or implied,that the bids or the negotiated cost of the work will not vary from the Consultant's opinion of probable construction cost. Contractor's Work: That the CONSULTANT shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction,or the safety precautions and programs incident thereto,and the CONSULTANT shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. Jobsite Safety: That the General Contractor shall be solely responsible for jobsite safety, and that this intent shall be carried out in the client's contract with the General Contractor,and that such contract shall indemnify the CONSULTANT. The CONSULTANT, and his agents,shall be named as an additional insured on the General Contractor's policies of general liability insurance. Construction Staking That the Fees the CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT,therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS Quote: 3278397 0 uvv a u1115:1( • Price Quotation Reference:Date: 08 19/2009 Expires: 03/25/2009 PLEASE REMIT ACH: DLT Solutions,Inc. -OR- Mail: DLT Solutions,Inc. SunTrust Bank PAYMENT TO: ABA#0611000104 At lanta GA 30368 Acct#1000032705898 Customer orders subject to applicable sales tax in:CA,CO,CT, DC, FL, KS, LA, MA, MD, MS, NC, NV, OH, RI,TN,TX,VA, WA,WI The terms and conditions of the Manufacturer's standard commercial license and subscription agreement are made a part of this quotation and shall govern purchaser's use of any Manufacturer product. Contact the DLT Sales Rep if further information is required. Documentation to be submitted to validate Invoice for payment: a. Authorized Services shall be invoiced with a corresponding time report for the period of performance identifying names, days,and hours worked. b. Authorized reimbursable expenses shall be invoiced with a detailed expense report,documented by copies of supporting receipts. c. Authorized Education or Training shall be invoiced with a Report identifying date and name of class completed, and where applicable the name of attendees. • Page 2 of 2 J $17,960.51, Year Contract 7550119430 Exp:5/14/2009 Quoted on behalf of Avatech Solutions Inc, your local Authorized Autodesk Reseller Total: $20,919.89 Want to save 5 to 10%on your subscription contract? Ask your rep how. You Must Take Advantage Of This Option Before Your Contract's Expiration Date GSA Schedule Data: Contract#: GS-35F-4543G Contract Category: Schedule 70 Contract Term: 04/01/1997-4/1/2013 DUNS#: 78-646-8199 • Federal ID#: 54-1599882 CAGE Code: OSOH9 FOB: Destination Terms: Net 30(On Approved Credit) DLT accepts VISA/MC/AMEX Ship Via: Fedex Ground/UPS Page 1 of 2 Approved as to Funding: Approved: k *SCV Carol A. Ebdon Date Human Rig . and 'relations Date Finance Director Department VD 131909scp of changes made,authorized,or ordered by the CLIENT, then the CONSULTANT shall receive additional compensation for such changes. Fees for these changes will be computed on an hourly basis. Information Furnished by CLIENT: CLIENT shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data and other information furnished by CLIENT to CONSULTANT pursuant to this Agreement. CONSULTANT may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. Successors and Assigns: Both parties agree that, upon execution of this agreement, same shall be binding upon their/its successors, assigns,and legal representatives until terminated by the expiration of agreement or termination by written notice,as provided above. Limitation of Liability: The CLIENT agrees to limit the CONSULTANT'S liability to all parties on the project due to the CONSULTANT'S negligent professional acts,errors or omissions,such that the total aggregate liability of the CONSULTANT shall not exceed$50,000.00. Opinion of Probable Construction Cost: Opinions of probable construction costs and detailed cost estimates prepared by the CONSULTANT represent his/her best judgment as a design professional familiar with the construction industry. It is recognized, however, that the CONSULTANT has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices or over competitive bidding or market conditions. Accordingly,the CONSULTANT makes no warranty,express or implied,that the bids or the negotiated cost of the work will not vary from the Consultant's opinion of probable construction cost. Contractor's Work: That the CONSULTANT shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction,or the safety precautions and programs incident thereto,and the CONSULTANT shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. Jobsite Safety: That the General Contractor shall be solely responsible for jobsite safety, and that this intent shall be carried out in the client's contract with the General Contractor,and that such contract shall indemnify the CONSULTANT. The CONSULTANT, and his agents,shall be named as an additional insured on the General Contractor's policies of general liability insurance. Construction Staking That the Fees the CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT,therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Public Works Department, Design Engineering Division uses the software "AutoCAD" for computerized design functions; and, =ti WHEREAS, license fees have to paid on an annual basis for the use of this program; and, WHEREAS, DLT Solutions, Inc. collects these fees on behalf of Avatec Solutions and the cost of using this program for the next year is outlined in the attached quotation and amounts to $20,919.89 which will be paid from the Street and Highway Allocation Fund 12131, Design Engineering Organization 116132, year 2009 expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the payment to DLT Solutions, Inc. of the annual license fees for the use of the "AutoCAD" computerized design package to be used in the Public Works Department Design Engineering Division, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay$20,919.89, for the use of the "AutoCAD" design software package for the next year, which will be paid from the Street and Highway Allocation Fund 12131, Design Engineering Organization 116132, year 2009 expenditure. 1249hxf APPROVED AS TO FORM: ' 4-: 6,44k,_, 1129s r CITY ATTORNEY DATE /044tifird (713-4,44- By _ Councilmember Adopted 1 4 2009 --. i6S.,.....7_4 City Clerk/, Approved.., (gsWeic-4 �f 6 0 Mayor Contract Category: Schedule 70 Contract Term: 04/01/1997-4/1/2013 DUNS#: 78-646-8199 • Federal ID#: 54-1599882 CAGE Code: OSOH9 FOB: Destination Terms: Net 30(On Approved Credit) DLT accepts VISA/MC/AMEX Ship Via: Fedex Ground/UPS Page 1 of 2 Approved as to Funding: Approved: k *SCV Carol A. Ebdon Date Human Rig . and 'relations Date Finance Director Department VD 131909scp of changes made,authorized,or ordered by the CLIENT, then the CONSULTANT shall receive additional compensation for such changes. Fees for these changes will be computed on an hourly basis. Information Furnished by CLIENT: CLIENT shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data and other information furnished by CLIENT to CONSULTANT pursuant to this Agreement. CONSULTANT may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. Successors and Assigns: Both parties agree that, upon execution of this agreement, same shall be binding upon their/its successors, assigns,and legal representatives until terminated by the expiration of agreement or termination by written notice,as provided above. Limitation of Liability: The CLIENT agrees to limit the CONSULTANT'S liability to all parties on the project due to the CONSULTANT'S negligent professional acts,errors or omissions,such that the total aggregate liability of the CONSULTANT shall not exceed$50,000.00. Opinion of Probable Construction Cost: Opinions of probable construction costs and detailed cost estimates prepared by the CONSULTANT represent his/her best judgment as a design professional familiar with the construction industry. It is recognized, however, that the CONSULTANT has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices or over competitive bidding or market conditions. Accordingly,the CONSULTANT makes no warranty,express or implied,that the bids or the negotiated cost of the work will not vary from the Consultant's opinion of probable construction cost. Contractor's Work: That the CONSULTANT shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction,or the safety precautions and programs incident thereto,and the CONSULTANT shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. Jobsite Safety: That the General Contractor shall be solely responsible for jobsite safety, and that this intent shall be carried out in the client's contract with the General Contractor,and that such contract shall indemnify the CONSULTANT. The CONSULTANT, and his agents,shall be named as an additional insured on the General Contractor's policies of general liability insurance. Construction Staking That the Fees the CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT,therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS cp (-. CD O 0 'tS cn cn R 0 p g N'"� 0 r'd CD CD ice'I. O 0 0 P-N n a _ N 0 O p., O cra g � �.�� � Zta. orc CD CA CD c.> p � cc: ' yoOco O ` N CM C a. CM 04. 0 0 o � (11 O rn AEr n 5e i. N NOC � D �. " C C ( n .rtnO '� rhrtC OOa O' 171P. " kC ^ c n O, N ,7, o O Nci) 0 yy ;-•t N - N O9, O -Q- .~'S P N ,-h I d' I. t I e` L sion for award processing.