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
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