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RES 2009-0017 - Amendment to agmt with MAPA for area wide GIS c) 4 R7 �� � / s� RECEIVED Public Works Department L�; I Omaha/Douglas Civic Center ?,® !^ � � January 1 3, 2009 09 JAN -5 AM 9' 06 1819 Farnam Street,Suite 601 °�� !'"ti Omaha,Nebraska 68183-0601 °R� r4� �; CLERK d (402)444-5220 rFn EBa� Fax(402)444-5248 City of Omaha 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 an Amendment to a Professional Services Agreement between the Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA) and the City of Omaha for fiscal year 2009. The purpose of the original Agreement is for the Public Works Department to provide certain services with regard to maintenance and development of data bases and further development of base maps for the area wide Geographic Information System (GIS). It is now necessary to amend the agreement since the City of Omaha and Douglas County entered into an Agreement, by Ordinance No. 38273 passed on October 28, 2008, where Douglas County assumed certain responsibilities in regard to operation and maintenance of the Geographic Information.System. The payment from MAPA to the City of Omaha will be reduced from$175,000 to $95,000 for the services outlined in the original agreement. The City of Omaha will in addition provide $23,750 of in- kind services. The Public Works Department requests your consideration and approval of the attached Resolution and Amendment to the GIS Agreement with MAPA. Respectfully submitted, Referred to City Council for Consideration: iz- -d /-s-09 ert G. Stubbe, P.E. Date M or's Offi e Date Public Works Director Approved as to Funding: c ,.k o,, 11a-I 6") Carol A. Ebdon Date Finance Director 1198hxf 2.30 Plan Revisions: lf, after any plans or specifications are completed on any portion thereof, and are approved by the CLIENT and other necessary agencies, the CONSULTANT is required to change plans and specifications because 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 the CONSULTANT'S total fee for services rendered under this contract,or$50,000.00 whichever is greater. 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 1 AMENDMENT TO THE AGREEMENT BETWEEN • THE CITY OF OMAHA NEBRASKA AND THE OMAHA-COUNCIL BLUFFS METROPOLITAN AREA PLANNING AGENCY CONTRACT NUMBER 551-104 This amendatory agreement made and entered into as of this 29th day of December, 2008 by and between The City of Omaha NE, Inc., 1819 Farnam Street, Omaha NE 68183 (herein called"The City")and the Omaha-Council Bluffs Metropolitan Area Planning Agency, 2222 Cuming Street, Omaha, Nebraska 68102 (herein called the"Planning Agency"), WITNESSETH: WHEREAS, the Planning Agency and The City entered into an agreement dated July 1, 2008 which Agreement is identified by Contract Number 551-104 and, • WHEREAS, the parties to that Amendment now desire to amend the Contract Amount as specified as item 7 on the Contract Cover Plate, and to amend the Compensation paragraph as specified as item 6 on page 2 of said agreement. NOW, THEREFORE, the parties hereto agree: THAT, the Contract Amount, as specified as item 7 on the Contract Cover plate of said Agreement dated July 1, 2008 identified by Contract Number 551-104 be and is hereby amended to read as follows: "7. Contract- $95,000 FHWA PL funds less independent audit and inspection fees, unless acceptable compliance with OMB Circular A-133 can be substituted, plus $23,750.00 in local matching funds. Allotted - $95,000 FHWA PL funds less independent audit and inspection fees, unless acceptable compliance with OMB Circular A-133 can be substituted." AND THAT, the Compensation paragraph as specified in item 6 on page 2 of said agreement dated July 1, 2008 identified by Contract Number 551-104 be and is hereby amendment to read as follows: "6. Compensation. Contingent upon receipt of Federal Highway Administration (FHWA) PL funds from NDOR under Project No.SPR-PL-1(46) MAPA agrees to pay for the services rendered by the City under the terms of this Agreement, compensation on a cost reimbursement basis for costs incurred and to include direct costs not to exceed in any event ninety-five thousand dollars ($95,000.00) less independent audit and inspection fees, unless acceptable compliance with Office of Management and Budget (OMB) Circular A-133 can be substituted. The City agrees to contribute in cash or in services a minimum requirement of twenty-three thousand seven hundred fifty dollars ($23,750.00). Services shall be defined as staff time paid with non-federal dollars or equipment purchased with non-federal dollars." The parties hereto further agree that except as herein expressly provided the Agreement entered into by the parties on July 1, 2008 identified by Contract Number 551-104 shall be unchanged and remained in full force and effect. IN WITNESS WHEREOF the Planning Agency and The City have amended this Contract as of the date first above written. � _. `b - THE CITY OF OMAHA, NEBRASKA u CD Attest: /PfY2412057 By a //15/ . - , 2°)1,41.( yor, Omaha, NE '— OMA A-C UNCIL BL FFS METROPOLITAN AREA O ` o r\ PLA NIN AGENC � Attest: A., �'V 4 By Chair an, Board of Directors 4 ate liability of the CONSULTANT shall not exceed the CONSULTANT'S total fee for services rendered under this contract,or$50,000.00 whichever is greater. 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 CONTRACT COVER PLATE (Amendment) CONTRACT IDENTIFICATION 1.. Contract Number: MAPA-Omaha P.W. 551-104 2. Project Number: 660.8, FY 09 GIS Activities 3. Effective Date: July 1, 2008 4. Completion Date: June 30, 2009 CONTRACT PARTIES 5. Contractor Name and Address: City of Omaha - Public Works Department 1819 Farnam Street • Omaha, Nebraska 68183 6. The Planning Agency: The Omaha-Council Bluffs Metropolitan Area Planning Agency 2222 Cuming Street Omaha, Nebraska 68102 ACCOUNTING DATA 7. Contract- $95,000 FHWA PL funds less independent audit and inspection fees, unless acceptable compliance with OMB Circular A-133 can be substituted, plus $23,750.00 in local matching funds. Allotted - $95,000 FHWA PL funds less independent audit and inspection fees, unless acceptable compliance with OMB Circular A-133 can be substituted. DATES OF SIGNING AND MAPA BOARD APPROVAL 8. Date of MAPA Board Approval - 9. Date of City Approval - late of said Agreement dated July 1, 2008 identified by Contract Number 551-104 be and is hereby amended to read as follows: "7. Contract- $95,000 FHWA PL funds less independent audit and inspection fees, unless acceptable compliance with OMB Circular A-133 can be substituted, plus $23,750.00 in local matching funds. Allotted - $95,000 FHWA PL funds less independent audit and inspection fees, unless acceptable compliance with OMB Circular A-133 can be substituted." AND THAT, the Compensation paragraph as specified in item 6 on page 2 of said agreement dated July 1, 2008 identified by Contract Number 551-104 be and is hereby amendment to read as follows: "6. Compensation. Contingent upon receipt of Federal Highway Administration (FHWA) PL funds from NDOR under Project No.SPR-PL-1(46) MAPA agrees to pay for the services rendered by the City under the terms of this Agreement, compensation on a cost reimbursement basis for costs incurred and to include direct costs not to exceed in any event ninety-five thousand dollars ($95,000.00) less independent audit and inspection fees, unless acceptable compliance with Office of Management and Budget (OMB) Circular A-133 can be substituted. The City agrees to contribute in cash or in services a minimum requirement of twenty-three thousand seven hundred fifty dollars ($23,750.00). Services shall be defined as staff time paid with non-federal dollars or equipment purchased with non-federal dollars." The parties hereto further agree that except as herein expressly provided the Agreement entered into by the parties on July 1, 2008 identified by Contract Number 551-104 shall be unchanged and remained in full force and effect. IN WITNESS WHEREOF the Planning Agency and The City have amended this Contract as of the date first above written. � _. `b - THE CITY OF OMAHA, NEBRASKA u CD Attest: /PfY2412057 By a //15/ . - , 2°)1,41.( yor, Omaha, NE '— OMA A-C UNCIL BL FFS METROPOLITAN AREA O ` o r\ PLA NIN AGENC � Attest: A., �'V 4 By Chair an, Board of Directors 4 ate liability of the CONSULTANT shall not exceed the CONSULTANT'S total fee for services rendered under this contract,or$50,000.00 whichever is greater. 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 Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA) and the City of Omaha, Public Works Department entered into and 'Agreement, approved by the City Council by Resolution No. 1296 on September 23,2008, to provide certain services with regard to maintenance and development of databases and further development of_ base maps for the area wide Geographic Information System(GIS); and, WHEREAS, the City of Omaha and Douglas County entered into an Agreement, by Ordinance No. 38273 passed on October 28,2008, where is was agreed that Douglas County will be the lead agency for the GIS development and operation of the GIS system; and, WHEREAS, it is now necessary to amend the City's agreement with MAPA to reduce the funds payable to the City of Omaha for the remaining term of the Agreement; and WHEREAS, payment from MAPA to the City of Omaha will be reduced to $95,000 from $175,000 for these services for fiscal year2009, with the City of Omaha providing the equivalent of$23,750 of in-kind services NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Amendment to the Agreement for Professional Services between the City of Omaha, Public Works Department and the Omaha- Council Bluffs Metropolitan Area Planning Agency to provide certain services with regard to maintenance and development of databases and further development of base maps for the area wide GIS for fiscal year 2009, be accepted and signed. 1197hxf APPROVED AS TO FORM: /or-5/Jf' CIT ATTORNEY DATE ‘4, /04001(71 .1at. By Councilmember Adopted AN..t3..2009 9- ....... .. .. .. City Clerk/Ai/09' Approved) t4 e.0117.. Mayor s for costs incurred and to include direct costs not to exceed in any event ninety-five thousand dollars ($95,000.00) less independent audit and inspection fees, unless acceptable compliance with Office of Management and Budget (OMB) Circular A-133 can be substituted. The City agrees to contribute in cash or in services a minimum requirement of twenty-three thousand seven hundred fifty dollars ($23,750.00). Services shall be defined as staff time paid with non-federal dollars or equipment purchased with non-federal dollars." The parties hereto further agree that except as herein expressly provided the Agreement entered into by the parties on July 1, 2008 identified by Contract Number 551-104 shall be unchanged and remained in full force and effect. IN WITNESS WHEREOF the Planning Agency and The City have amended this Contract as of the date first above written. � _. `b - THE CITY OF OMAHA, NEBRASKA u CD Attest: /PfY2412057 By a //15/ . - , 2°)1,41.( yor, Omaha, NE '— OMA A-C UNCIL BL FFS METROPOLITAN AREA O ` o r\ PLA NIN AGENC � Attest: A., �'V 4 By Chair an, Board of Directors 4 ate liability of the CONSULTANT shall not exceed the CONSULTANT'S total fee for services rendered under this contract,or$50,000.00 whichever is greater. 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 - . tv E O C O O' 0 p ,--11 ,--• F n n b CD CD A� O CD n • ` 6 $ CD O. S. 0 i,_.., CD 00 O O Z`i p, p' -• ,.,, O e� vv .e ° n O.. 0. ,c.. "r CD O Cn CD Z 0 O �• h O �77 �' CD p. \ CD CD �. W cD cy. () d \ 0 a' vl N CD CD C, `g COD y R c ° ¢' c .8 ° 0 5 Et- 0 a ' CCDCD0v ) O CD .- CD 0.-1 CD i I i ' \ ' k › i 119 j--1_ 0? Adopted _ -- ,2‘ .dezoi `, City Cler/f;2 Approvedeiter°-- Mayor