RES 2008-1622 - Agmt with Big Muddy Workship Inc for Cole Creek demonstration project 6.4'0 11's; RECEIVED Public Works Department
2VIW• z"I .; Omaha/.Douglas Civic Center
��,rii December 9, 2008 � �5:LMER21c. 1819 Farnam Street,Suite 601
Omaha,Nebraska 6818� U6U1
�AOP'TFD FEBR�it�N 08 {6 Sl (402)444 5220
Fax(402)444-5248
City of Omaha MMM H/ , 14 E B IU
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 Engineering Agreement with Big Muddy
Workshop, Inc. to provide professional engineering services for design, plans and specifications
for tree mitigation and bioretention planting for the Cole Creek Demonstration Project that runs
from Sorensen Parkway to Haituian Avenue.
The exact scope of services is included in the Agreement. Big Muddy Workshop, Inc. has
agreed to perform the services detailed in the attached agreement for a fee of$43,910.00, which
is payable from the Stormwater management Plan Fund 12143, Stormwater Management Plan
Organization 128026.
Big Muddy Workshop', Inc. has filed the required Annual Contract Compliance Report, Form,
CC-1, in the Human Rights and Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
//-/3`OS A--- / /P (
R bert G. S ubbe, .E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved:
to-L.Arc OAA-- 1' l I S G jt 1ô1 11/If 7 id ly
Carol A. Ebdon r4i , Date Gail Kinsey Thd'mpson Date
Finance Director Human Rights and Relations Director
1178hxf
ved
ayor
City Limits.
156th Street from Pacific Street to Blondo Street. The current speed limit for this section of road
is 40mph. It is recommended that the speed limit be set at 40mph. Sections of this road were
recently annexed into the City Limits.
156th Street from West Center Road to Summerwood Drive. The current speed limit for this
section of road is 40mph. It is recommended that the speed limit be set at 40mph. Sections of
this road were recently annexed into the City Limits.
156th Street from Q Street to Holmes Street. There is currently no speed limit for this section of
road. It is recommended that the speed limit be set at 40mph. This road was recently annexed
into the City Limits.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of , , by and
between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter
referred to as the "City"), and Big Muddy Workshop, Inc. (hereinafter referred to as the "Provider"), on
the terms, conditions and provisions as set forth herein below.
I. PROJECT NAME AND DESCRIPTION
Cole Creek Channel Improvements—Bioengineering&Revegetation Plantings
Hartman Avenue to Sorensen Parkway Omaha,Nebraska
II. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, as set out and more fully described in the
Proposal attached hereto, for the City, relative to the above-referenced project which is
illustrated in Exhibit"D"attached hereto. Such services shall be completed within a 240 day
period after receipt of a purchase order from the City.
B. Provider designates John Royster whose business address and phone number are 4502 South
42"d Street Omaha, NE 68107, telephone: 402.344.8711 as its project manager and contact
person for this project.
C. Provider agrees to maintain records and accounts, including personnel, financial and property
records, sufficient to identify and account for all costs pertaining to the project and certain
other records as may be required by the City to assure a proper accounting for all project
funds. These records shall be made available to the City for audit purposes and shall be
retained for a period of five(5)years after the expiration of this Agreement.
D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all
compensated providers, employees, and subcontractors.
E. Provider agrees to complete,within 240 calendar days of receipt of a purchase order from the
City, the necessary services. The City recognizes that completion within this deadline is
contingent upon timely response from utilities and City input.
III. DUTIES OF CITY
A. City designates Nina Cudahy whose business address and phone number are 5600 South 10th
Street, Omaha, NE 68107, telephone: 402.444.3915 ext.229 as its contact person for this project,
who shall provide a notice to proceed and such other written authorizations as are necessary to
commence for proceed with the project and various aspects of it.
the City Limits.
156th Street from Q Street to Holmes Street. There is currently no speed limit for this section of
road. It is recommended that the speed limit be set at 40mph. This road was recently annexed
into the City Limits.
1
IV. COMPENSATION AND PAYMENT 4
A. The cost of services as specified in the Scope of Service, shall be performed on an hourly
basis,but in no event shall exceed$43,901.00 including all reimbursable expenses. •
B. Reimbursable expenses shall be billed to the City by the Provider.
C. INCREASE OF FEES
The parties hereto acknowledge that, as of the date of the execution of the Agreement,
Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to
contracts or purchases which taken alone increase the original fee as awarded (a) by ten
percent, if the original fee is one hundred fifty thousand dollars ($150,000)or more, or(b)by
seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in
advance of the acceptance of any purchase in excess of such limits. However, neither
contract nor purchase amendments will be split to avoid advance approval of the City
Council.
The originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the city council.
The provisions of this section will be quoted in all future city contracts. Nothing in this
section is intended to alter the authority of the mayor under section 5.16 of the Charter to
approve immediate purchases.
V. OWNERSHIP OF INSTRUMENTS OF SERVICE
The City acknowledges the Provider's construction documents, including electronic files, as
instruments of professional service.Nevertheless,upon completion of the services and payment in
full of all monies due to the Provider,the final construction documents prepared under this
Agreement shall become the property of the City. The City shall not reuse at another site or make
any modification to the construction documents without the prior written authorization of the
Provider. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless
the Provider, its officers, directors, employees and subconsultants (collectively,Provider) against
any damages, liabilities or costs, including reasonable attorneys'fees and defense costs, arising
from or in any way connected with the unauthorized reuse or modification of the construction
documents by the City,regardless of whether such reuse or modification is for use at the Project
site or another site.
VI. ADDITIONAL SERVICES
In the event additional services for the aforementioned project not covered under this Agreement
are required,Provider agrees to provide such services at a mutually agreed upon cost.
VII. INSURANCE REQUIREMENTS
Provider shall carry professional liability insurance in the minimum amount of one half million
dollars and shall carry workers' compensation insurance in accordance with the statutory
requirements of the State of Nebraska.
•
VIII. INDEMNIFICATION
The Provider agrees, to the fullest extent permitted by law,to indemnify and hold harmless the
City,its officers, directors and employees(collectively, City) against all damages,liabilities or
costs,including reasonable attorneys'fees and defense costs,to the extent caused by the Provider's
negligent performance of professional services under this Agreement and that of its subconsultants
or anyone for whom the Provider is legally liable. The City agrees,to the fullest extent permitted
by law,to indemnify and hold harmless the Provider,its officers, directors, employees and
subconsultants(collectively,Provider)against all damages, liabilities or costs, including
reasonable attorneys'fees and defense costs in connection with the Project,to the extent caused by
the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither
the City nor the Provider shall be obligated to indemnify the other party in any manner whatsoever
for the other party's own negligence.
IX. TERMINATION OF AGREEMENT
This Agreement may be terminated by the City upon written notice to the provider of such
termination and specifying the effective date at least seven (7) days prior to the effective date of
such termination. In the event of termination, the provider shall be entitled to just and equitable
payment for services rendered to the date of termination, and all finished or unfinished documents,
data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's
option, its property.
X. GENERAL CONDITIONS
A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate
or permit discrimination in violation of federal or state laws or local ordinances because of
race, color, sec, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha
• Municipal Code section 13-89,political or religious opinions,affiliations or national origin.
B. Captions. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable
city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official
or any officer or employee of the City shall have a financial interest, direct or indirect,in any
City Agreement. Any violation of this section with the knowledge of the.person or
corporation contracting with the City shall render the Agreement voidable by the-Mayor or -
Council. —
E. Interest of the Provider. The Provider covenants that he presently has no interest and shall
not acquire any interest, direct or indirect, which would conflict with the performance;of
services required to be performed under this Agreement; he further covenants that in-the
performance of this Agreement,no person having any such interest shall be employed.
F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease
or deed of any type. This is the complete and full agreement of the parties.
G. Modification. This Agreement contains the entire Agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly
sat forth herein. No agent, employee or other representative of either party is empowered to
alter any of the terms hereof unless done in writing and signed by an authorized officer of the
respective parties.
H. Assignment. The Provider may not assign its rights under this Agreement without the
express prior written consent of the City.
I. Strict Compliance. All provisions of this Agreement and each and every document that shall
be attached shall be strictly complied with as written, and no substitution or change shall be
made except upon written direction from authorized representative.
J. Equal Employment Opportunity Clause. Annexed hereto as Exhibits "A", "B","C","D"and
"E" and made a part hereof by reference are the equal employment provisions of this
contract. All reference in Exhibit "A", "B", "C", "D" and "E" to "Contractor" shall mean
"Provider". Refusal by the Provider to comply with any portion of this program as therein
stated and described will subject the offending party to any or all of the following penalties:
(1) Withholding of all future payments under the involved contracts to the Provider in
violation until it is determined that the Provider is in compliance with the provisions of
the contract;
(2) Refusal of all future bids for any contracts with the City or any of its departments or
divisions until such time as the provider demonstrates that he has established and shall
carry out the
►policies6 of the program� A as herein outlined.
EXECUTED this*1" day of , 200E .
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ATTEST
(Title)
EXECUTED this `1*day of eCt=".frner, , at9o,cr.
AT'T'ES•', CITY OF OMAHA,A Municipal Corporation
By
)11-4:- .1 4);...44.7"
City Clerk Mayor
Y �
APPROVED AS TO FORM:
//-/3-08
ty City Attorney
Revised: 4/18/07
city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official
or any officer or employee of the City shall have a financial interest, direct or indirect,in any
City Agreement. Any violation of this section with the knowledge of the.person or
corporation contracting with the City shall render the Agreement voidable by the-Mayor or -
Council. —
E. Interest of the Provider. The Provider covenants that he presently has no interest and shall
not acquire any interest, direct or indirect, which would conflict with the performance;of
services required to be performed under this Agreement; he further covenants that in-the
performance of this Agreement,no person having any such interest shall be employed.
F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease
or deed of any type. This is the complete and full agreement of the parties.
Protected and/or Disadvantaged Business Checklist
Items Listed Below must be submitted with Bid:
1. n E• xhibit A - completed Protected and/or Disadvantaged Business Disclosure
Participation Form.
All PBE/DBE Subcontractors submitted on Exhibit A must be certified with the City of
Omaha Human Relations Department prior to the time of the bid opening. A current list
is available on the City of Omaha's web site,www.ci.omaha.ne.us/Departments/Human
Relations or can be requested through the Human Relations Department at 402-444-
5055.
2. n V• erification in writing from each PBE/DBE Subcontractor showing that the
PBE/DBE Subcontractor has agreed to perform the work identified on Exhibit A,
Protected and/or Disadvantaged Business Disclosure Participation Form.
Telephonic verifications will not be accepted.
3. n I• f you have not met the PBE/DBE goal established for this project, evidence of good
faith efforts must be submitted with your bid. (If you have questions regarding what
constitutes good faith efforts please see the Protected and/or Disadvantaged Business
Enterprise Participation contract specifications or contact the Human Relations
Department.)
p )
4. (l Exhibit B — completed Contractor Employment Data Form.
• Should the bidder fail to comply with the above, its bid will be subject to
rejection.
• In Addition please review all the specifications and bid enclosures to be certain of a
complete and compliant bid.
3/14/03
ity or any of its departments or
divisions until such time as the provider demonstrates that he has established and shall
carry out the
►policies6 of the program� A as herein outlined.
EXECUTED this*1" day of , 200E .
2i W�l�
P'rovid� 14$ T-11
By /�
ATTEST
(Title)
EXECUTED this `1*day of eCt=".frner, , at9o,cr.
AT'T'ES•', CITY OF OMAHA,A Municipal Corporation
By
)11-4:- .1 4);...44.7"
City Clerk Mayor
Y �
APPROVED AS TO FORM:
//-/3-08
ty City Attorney
Revised: 4/18/07
city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official
or any officer or employee of the City shall have a financial interest, direct or indirect,in any
City Agreement. Any violation of this section with the knowledge of the.person or
corporation contracting with the City shall render the Agreement voidable by the-Mayor or -
Council. —
E. Interest of the Provider. The Provider covenants that he presently has no interest and shall
not acquire any interest, direct or indirect, which would conflict with the performance;of
services required to be performed under this Agreement; he further covenants that in-the
performance of this Agreement,no person having any such interest shall be employed.
F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease
or deed of any type. This is the complete and full agreement of the parties.
Protected and Disadvantaged Business Enterprise Programs
Who Qualifies as a Protected /Disadvantaged Business Enterprise?
The term "Protected Business Enterprises" (PBE) is defined to be a business at least
51 percent of which is owned, controlled, and actively managed by protected class
members (Black, Hispanic, Asian, or Pacific Islander, American Indian or Alaskan
Native or Female).
The term "Disadvantaged Business Enterprise" (DBE) is defined to be a small
business that has been in existence for at least one year and has annual gross receipts
of $150,000 or less. A DBE may include, but not limited to a business owned by a
Protected class, but such business must meet two or other conditions set forth in the
City of Omaha Contract Compliance Ordinance, Section 10-191,
M (1) through (5).
What are the benefits of becoming certified as a PBE/DBE?
Certification as a PBE or DBE provides greater exposure for work opportunities on
City of Omaha projects. The names of all certified PBE/DBE'S appear in the
PBE/DBE directory, which is disseminated to local government agencies, contractors
and to the public. City of Omaha contractors will use the PBE/DBE directory as a
basic resource for soliciting Minority/Women/Small Business participation on City of
Omaha Projects. The City of Omaha shall make every good-faith effort to award City
contracts and City-assisted construction contracts to Disadvantaged Business
Enterprises in amounts no less than 10% of the dollar volume of the applicable
contracts awarded by the city. Other benefits include the authority, (but not a
requirement), of the City Council to award a contract to a DBE that is not the lowest
bidder. A contract or subcontract can be awarded to a DBE if determined by the City
to be an acceptable cost higher than a competing lower bid except for specially
assessed Projects. A DBE company may be awarded the contract over the lowest
bidder as long as the cost differential does not exceed 3%.
If your business is not certified with the City of Omaha and you are interested in
becoming certified as a Protected and/or Disadvantaged Business Enterprise
please contact the Human Relations Department at 402-444-5055. The PBE/DBE
applications, Contract Compliance Report Form CC-1 and a current PBE/DBE
City of Omaha certified directory are located on the City of Omaha website,
www.ci.omaha.ne.us. Click on departments. Click on Human Relations.
or any officer or employee of the City shall have a financial interest, direct or indirect,in any
City Agreement. Any violation of this section with the knowledge of the.person or
corporation contracting with the City shall render the Agreement voidable by the-Mayor or -
Council. —
E. Interest of the Provider. The Provider covenants that he presently has no interest and shall
not acquire any interest, direct or indirect, which would conflict with the performance;of
services required to be performed under this Agreement; he further covenants that in-the
performance of this Agreement,no person having any such interest shall be employed.
F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease
or deed of any type. This is the complete and full agreement of the parties.
UTILIZATION OF forth in the PBE/DBE specifications for
PROTECTED AND/OR DISADVANTAGED participation by Protected and/or Disadvantaged
BUSINESS ENTERPRISES Business Enterprises in the performance of any
• contract resulting from this solicitation or, as an
alternative, that the contractor has made or will
A. Protected and/or Disadvantaged Business Enterprise make good faith efforts toward meeting the
(PBE/DBE) Participation Contract Specifications PBE/DBE goals, and will demonstrate to the
Pursuant to City of Omaha Contract Compliance City of Omaha's satisfaction that the contractor
Ordinance. has made such efforts. Bidders must submit
with their bids, on the form set forth in the
1. It is the policy of the City of Omaha that PBE/DBE specifications, the names, respective
Protected and/or Disadvantaged Business scope of work, and the dollar values of each
Enterprises shall have the maximum practicable PBE/DBE subcontractor that the Bidder
opportunity to participate in the City of Omaha proposes for participation in the contract work.
projects. Consequently, the PBE/DBE In any case, Exhibits "A" and "B" must be
requirements of Contract Compliance Ordinance submitted with the bid. If the information so
apply to this solicitation. In this regard, the submitted indicates that the City of Omaha goals
Contractor to whom any award of this solicitation will not be met, the Bidder shall submit good
is made shall take all necessary and reasonable faith efforts documentation with their bid. The
steps in accordance with this solicitation to evidence must show to the City of Omaha's
ensure that Protected and/or Disadvantaged satisfaction that the bidder has in good faith
Business Enterprises have the maximum made every reasonable effort, in the City of
opportunity to participate in the Contract. The Omaha's judgment, to meet such goals. If any
Contractor shall not discriminate on the basis of bidder fails to submit, with the bid, the required
race, color, national origin, sex, religion, age or information concerning PBE/DBE participation,
disability in the award or performance of any or if, having failed to meet the City of Omaha's
contract or subcontract resulting from or relating goals or fails to demonstrate to the City of
to this solicitation. Failure to carry out the pre- Omaha's satisfaction the bidder's good faith
award requirements of these PBE/DBE efforts to do so, the City of Omaha may, in its
specifications will be sufficient ground to reject discretion, reject the bid.
the Bid. Failure of the Contractor to carry out the
requirements of the PBE/DBE specifications 3. Protected and/or Disadvantaged Business
shall constitute a material breach of the contract Enterprise Goals. Bidders are hereby informed
and may result in termination of the contract. that pursuant to Sec. 10-200 and Executive
The Contractor shall use its best efforts to carry Order No. F-11-02 the City of Omaha has a PBE
out the PBE/DBE policy consistent with efficient Participation goal of no less than 13% and a
performance on the project. DBE participation goal of no less than 10% of
the dollar volume of all the contracts that it
2. Bidders are hereby informed that the City of awards. All bidders shall make every good faith
Omaha has established goals for the participation effort to meet said goals.
of Protected and/or Disadvantaged Business
Enterprise in all contracts that it awards. 4. The City of Omaha shall set specific goals for
Subcontracts awarded, by the Bidder that is all contracts over $200,000 to assist it in
successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth
Protected and/or Disadvantaged Business above. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
5. Bidders are informed that price alone does not g. Concerning each PBE/DBE the 'Bidder
constitute an acceptable basis for rejecting contacted but rejected as unqualified, the
PBE/DBE bids unless the Bidder can reasons for the Bidder's conclusion;
demonstrate that no reasonable price can be
obtained from a PBE/DBE. A Bidder's failure to h. Efforts made to assist the PBE/DBEs
meet the PBE/DBE goal or to show reasonable contacted that needed assistance in
efforts to that end will, in the City of Omaha's obtaining bonding, lines of credit, or
discretion, constitute sufficient ground for bid insurance required by the Bidder or the City
rejection. Such reasonable efforts may include, of Omaha;
but are not limited to, some or all of the
following: i. Designation, in writing, of a liaison officer
who administers the Bidder's Protected
a. Attendance at the pre-bid conference, if any; and/or Disadvantaged Business Enterprise
utilization program;
b. Follow-up of initial solicitations of interest
by contacting PBE/DBEs to determine with j. Expansion of search for PBE/DBEs to a
certainty whether the PBE/DBEs are wider geographic area than the area in
interested; which the Bidder generally seeks
subcontractors if use of the customary
c. Efforts made to select portions of the work solicitation area does not result in meeting
(including where appropriate, breaking down the goals by the Bidder; and,
contracts into economically feasible units)
proposed to be performed by PBE/DBEs in k. Utilization of services of available protected
order to increase the likelihood of achieving community organizations, protected
the PBE/DBE goals; contractor's group, local, state, and federal
minority business assistance offices, and
d. Efforts to negotiate with PBE/DBEs for other organizations that provide assistance in
specific sub-bids, including at a minimum: the recruitment and placement of PBE/DBEs.
(1) The names, addresses, type of work to be 6. The Bidder must comply with the following:
subcontracted, and telephone numbers of
PBE/DBEs that were contacted; a. Prior to award of this Contract all Bidders
(2) A description of the information shall submit Exhibit "A", Protected and/or
provided to PBE/DBEs regarding the Disadvantaged Business Disclosure
plans and specifications for portions of Participation Form. Exhibit "A" must be
the work to be performed; and, submitted with the bid. Bidder must also
(3) A detailed statement of the reasons why submit a copy of the written bid submitted
additional prospective agreements with by the PBE/DBE subcontractor to the
PBE/DBEs needed to meet the stated Bidder or other verification in writing from
goals,were not reached. the PBE/DBE subcontractor that said
subcontractor has agreed to perform the
e. Advertisement in general circulation media, subcontracting work identified in the bid
trade association publications, and protected- submitted by the Bidder.
focus media for a reasonable period before
bids are due; b. If Bidder fails to meet the goals set forth
above, Good Faith Efforts Documentation
f. Notification, in writing, to a reasonable must be submitted with bid.
number of specific PBE/DBEs that their
interest in contract work is solicited, in c. Also, prior to award of this contract all
sufficient time to allow the PBE/DBEs to Bidders must submit Exhibit "B" Contractor
participate effectively; employment data form with the bid.
d, by the Bidder that is all contracts over $200,000 to assist it in
successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth
Protected and/or Disadvantaged Business above. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
d. The Bidder and any of its subcontractors that the Bidder/Contractor's procedures and practices
have been designated by the Bidder as PBE with respect to the Protected and/or
and/or DBE must have been approved as Disadvantaged Business Enterprise which the
such by the Human Relations Department Human Relations Department may from time to
prior to bid opening on the project. time conduct.
e. After bid opening and during contract B. PBE/DBE Reporting and Record Keeping
performance, Bidders and the Contractor, as
the case may be, are required to make every Requirements.
reasonable effort to replace a PBE/DBE 1. The Contractor shall submit periodic reports
subcontractor that is determined to be unable of contracting with Protected and/or
to perform successfully or is not performing Disadvantaged Business Enterprises in such
satisfactorily, with another PBE and/or DBE, form and manner and at such time as
prior to substituting such PBE/DBE, the prescribed by the City of Omaha (Exhibit C
Contractor shall seek approval from the is currently required to be submitted within
Human Relations Department. The City of 10 calendar days following the end of each
Omaha's Human Relations Department calendar quarter, from the start of the
Director or a designee, shall approve all prior project).
substitutions in writing in order to ensure that
the substituted firms are bona fide 2. The Contractor and subcontractors shall
PBE/DBEs. permit access to their books, records, and
accounts by the Human Relations Director
f. In the event of the Contractor's non- or a designated representative for purpose of
compliance with the Protected and/or investigation to ascertain compliance with
Disadvantaged Business Enterprise these specified requirements. Such records
requirements of this Contract, the City of shall be maintained by the Contractor in a
I. Omaha shall impose such contract sanctions fashion that is readily accessible to the City
as it may determine to be appropriate, of Omaha for a minimum of three years
including,but not limited to: following completion of this Contract.
(1) Rejection of the Bid 3. To ensure that all obligations under any
(2) Withholding of payments to the contract awarded as a result of this bid
Contractor until the Contractor complies; solicitation are met, the City of Omaha will
and/or conduct specific reviews of the Contractor's
(3) Cancellation, termination or suspension PBE/DBE involvement efforts during
of the Contract,in whole or in part; or contract performance. The Contractor shall
(4) Any other penalty set forth in the City of bring to the attention of the Human
Omaha's Contract Compliance Relations Director any situation in which
Ordinance. regularly scheduled progress payments are
not made to PBE/DBE subcontractors.
7. For the information of Bidders, Contract In submitting its bid, the Bidder is certifying that it
Compliance Ordinance outlines the City of has contacted City of Omaha Human Relations
Omaha's rules, guidelines and criteria for (a) Department prior to bid opening regarding this
making determinations as to the legitimacy of project and has afforded subcontractors participating
PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit
awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the
above shall result in the bid being rejected by the
8. The Bidder/Contractor shall cooperate with the City of Omaha.
Human Relations Department in any reviews of
s over $200,000 to assist it in
successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth
Protected and/or Disadvantaged Business above. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
•
EXHIBIT "A"
PROTECTED AND/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM
THIS FORM MUST BE SUBMITTED WITH THE BID
In the performance of this contract, the contractor proposes and agrees to make good faith efforts to contract with eligible
City of Omaha certified PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be
unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain prior approval from the
Human Relations Department Director or a designee,for substitution of the below listed subcontractor with a City of Omaha
certified PBE and/or DBE. In submitting this form, the Bidder is certifying that it has contacted City of Omaha Human
Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the
program the opportunity to submit bids on this project.
Type of work and Projected
contract item or parts commencement
Name of PBE and/or thereof to be and completion *Agreed price with
DBE Address performed date of work PBE/DBEs Percentage(%)
N(/ra
Totals
*Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the
PBE/DBE goals.
CERTIFICATION
The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good
faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by
PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms
and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make
the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and
representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal
agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be
technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned
upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the
PBE/DBE Specification representations are made by the bidder knowing them to be false, or if there is a failure by the successful
bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without
prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract,
entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be
in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract,
under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to
the terms of any future Contract Awards.
Signature
Title V (� /1144Cliztlit Date of Signing 'w/3J/9 ?
Firm or Corporate Name ' l l/l d�%�►l iJ ., \„\d4
Address so 2 S•4 Dt &A,L.Telephone Number 1-0 2 39 t -371
681r
project and has afforded subcontractors participating
PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit
awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the
above shall result in the bid being rejected by the
8. The Bidder/Contractor shall cooperate with the City of Omaha.
Human Relations Department in any reviews of
s over $200,000 to assist it in
successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth
Protected and/or Disadvantaged Business above. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
EXHIBIT "B"
CONTRACTOR EMPLOYMENT DATA
THIS FORM MUST BE SUBMITTED WITH THE BID
BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORK FORCE DATA WITH EACH BID
(Protected Class is defined as Black, Hispanic, Asian and Pacific Islander,American Indian or Alaskan Native, Female.)
Total Employees Protected Class Males Protected Class Females
American American
Total Total Asian or Indian or Asian or Indian or
Work Protected Pacific Alaskan Pacific Alaskan
Date Force Class Black Hispanic Islander Native Black Hispanic Islander Native White
l0
/3,4z 6
" ctIy to the Purchasing Department(402)444-5400 or as shown
on bid. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance
. and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in
effect for 24 months from the date received by the Human Relations Department. Any Questions regarding the Contract
Compliance Ordinance should be directed to the Human Relations Department at(402)444-5055.
(PLEASE PRINT LEGIBLY OR TYPE)
D/3/1c,
` Firm's Name: & k I Vt/Ur 1an 1
(Date of Signing)
Signature: Wc1-0A V)eV 1 e.�Y'e�01 11 l
(Print NanIe) (Title) (S gna re) •
ion goals will be met either by goal achievement or good
faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by
PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms
and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make
the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and
representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal
agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be
technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned
upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the
PBE/DBE Specification representations are made by the bidder knowing them to be false, or if there is a failure by the successful
bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without
prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract,
entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be
in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract,
under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to
the terms of any future Contract Awards.
Signature
Title V (� /1144Cliztlit Date of Signing 'w/3J/9 ?
Firm or Corporate Name ' l l/l d�%�►l iJ ., \„\d4
Address so 2 S•4 Dt &A,L.Telephone Number 1-0 2 39 t -371
681r
project and has afforded subcontractors participating
PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit
awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the
above shall result in the bid being rejected by the
8. The Bidder/Contractor shall cooperate with the City of Omaha.
Human Relations Department in any reviews of
s over $200,000 to assist it in
successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth
Protected and/or Disadvantaged Business above. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
EXHIBIT "C"
QUARTERLY REPORT ON PROTECTED AND/OR DISADVANTAGED
BUSINESS ENTERPRISES
(This form must be submitted within 10 calendar days of the end of each calendar quarter,
from the start of the project.)
Company Name: \0rV c '
Project Number: -_
Project Name: Cpl�e (�, uvt pr13\m V1 -pioeh�ihQQn,n� 2 ?�C ,
Total Contract Amount: 143,`10\ • 0 cb
Calendar Quarter
Covered by this Report:
1st 3rd
2nd 4th
Year 200_
I. Protected and/or Disadvantaged Contractors
Instructions: List all Protected and/or Disadvantaged Subcontractors which have performed work since Notice to
Proceed (NTP), are currently performing work, and are contemplated to perform work during the duration of the City of
Omaha Contracts. Name and total dollars committed and paid.
Name of Protected
and/or Disadvantaged Dollars Paid During Dollars Paid Since
Business Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date
ons regarding the Contract
Compliance Ordinance should be directed to the Human Relations Department at(402)444-5055.
(PLEASE PRINT LEGIBLY OR TYPE)
D/3/1c,
` Firm's Name: & k I Vt/Ur 1an 1
(Date of Signing)
Signature: Wc1-0A V)eV 1 e.�Y'e�01 11 l
(Print NanIe) (Title) (S gna re) •
ion goals will be met either by goal achievement or good
faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by
PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms
and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make
the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and
representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal
agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be
technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned
upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the
PBE/DBE Specification representations are made by the bidder knowing them to be false, or if there is a failure by the successful
bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without
prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract,
entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be
in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract,
under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to
the terms of any future Contract Awards.
Signature
Title V (� /1144Cliztlit Date of Signing 'w/3J/9 ?
Firm or Corporate Name ' l l/l d�%�►l iJ ., \„\d4
Address so 2 S•4 Dt &A,L.Telephone Number 1-0 2 39 t -371
681r
project and has afforded subcontractors participating
PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit
awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the
above shall result in the bid being rejected by the
8. The Bidder/Contractor shall cooperate with the City of Omaha.
Human Relations Department in any reviews of
s over $200,000 to assist it in
successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth
Protected and/or Disadvantaged Business above. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
Contract Compliance Ordinance No.35344,Section 10-192
Equal Employment Opportunity Clause
During the performance of this contract,the contractor agrees as follows:
1) The contractor shall not discriminate against any employee applicant for employment because of race,
religion, color, sex, national origin, or disability as defined by the Americans With Disabilities Act of
1990 and Omaha Municipal Code 13-89. The contractor shall take affirmative action to ensure that
applicants are employed and that employees are treated during employment without regard to their race,
religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the
Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not
limited to,reasonable accommodation. As used herein,the word"treated" shall mean and include,without
limitation, the following: Recruited, whether advertising or by other means; compensated; selected for
training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and
terminated. The contractor agrees to and shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officers setting forth the provisions
of this nondiscrimination clause.
2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race,religion,color,sex or national origin.
3) The contractor shall send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding a notice advising the labor union or worker's
representative of the contractor's commitments under the equal employment opportunity clause of the city
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4) The contractor shall furnish to the contract compliance officer all federal forms containing the information
and reports required by the federal government for federal contracts under federal rules and regulations,
and including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable
access to his records. Records accessible to the contract compliance officer shall be those which are
related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the
contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means
of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation
as the result of such directions by the city, the city will enter into such litigation as is necessary to protect
the interests of the city and to effectuate these provisions (of this division); and in the case of contracts
receiving federal assistance, the contractor or the city may request the United States to enter into such
litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the contract
compliance officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such
provisions will be binding upon each subcontractor or vendor.
PBE/DBE Doc 12/5/02
ve. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
EXHIBIT"D"
SCOPE OF SERVICES
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Exhibit "D"
Scope of Services
Cole Creek Channel Improvements—Bioengineering& Revegetation Plantings
This Scope of Services outlines the professional services required to design and prepare bid-
ready construction documents for bioengineering, tree mitigation and revegetation plantings to
be implemented as part of the Cole Creek Channel Improvements project on certain segments of
Cole Creek between the Sorensen Parkway and Hartman Avenue in Omaha,Nebraska for
Omaha Public Works (Owner). The A/E will prepare revegetation plans for all disturbed areas
with the exception of the spoil pile on Roncalli Catholic High School which will receive only
temporary seeding designed by Lamp Rynearson&Associates. The A/E will develop tree
mitigation plans to satisfy the replacement requirements of the United States Army Corps of
Engineers, City of Omaha Planning Department and City of Omaha Parks, Recreation and Public
Property Department. The A/E will design rain garden-type plantings for the bioretention cell
located on the east side of the Orchard Park tennis courts. The A/E will prepare plans for
bioengineering plantings to be installed in or near the stream channel to assist in stabilizing
stream banks and increase biodiversity of streamside habitat.
Role of Other City Consultants &A/E
The Omaha Public Works intends to hire several firms to work collaboratively on the project
including Lamp Rynearson Associates, Inc. (LRA)and Hayes Environmental. The other
consultants will provide design and technical assistance to the A/E and City of Omaha. The A/E
will be responsible for preparing final designs and construction documents for the plantings
described above.
Project Property Ownership
The project will occur on property owned by the City of Omaha Department of Parks,Recreation
and Public Property(Orchard Park) and the Catholic Archdiocese of Omaha(Roncalli High
School). Omaha Public Works will be responsible for obtaining permission from each landowner
to locate the improvements on their property.
Funding
This demonstration project is part of a cooperative effort between Douglas County and the City
of Omaha as stated in the Interlocal Cooperation Act Agreement for the Development of
Stormwater Best Management Practices (July 10,2007). Funding for the project is provided by •
grant dollars made available to the City and the County from the Storm Water Management Plan
Program Grant from the Nebraska Depax tanent of Environmental Quality
Scope of Services:
Construction Document Preparation
1.1 Bioretention Garden Plantings. The A/E will develop construction documents for the
bioretention garden to be constructed on the east side of the tennis courts. . The A/E will
enalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation
as the result of such directions by the city, the city will enter into such litigation as is necessary to protect
the interests of the city and to effectuate these provisions (of this division); and in the case of contracts
receiving federal assistance, the contractor or the city may request the United States to enter into such
litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the contract
compliance officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such
provisions will be binding upon each subcontractor or vendor.
PBE/DBE Doc 12/5/02
ve. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
develop construction details and notes required to implement the plantings. The A/E will
develop plant schedules identifying plant material species and quantities.
Deliverable:Bioengineering garden construction drawings
1.2 Bioengineering Plans &Details. The A/E will develop construction documents showing
the location and extent of bioengineering plantings. The A/E will develop construction
details and notes required to implement the plantings. The A/E will develop plant
schedules identifying plant material species and quantities.
Deliverable:Bioengineering construction drawings
1.3 Tree Mitigation Plans. Using information provided by LRA, the A/E will develop tree
mitigation plans that include the plantings required to meet regulatory requirements. The
plans will show location and extent of mitigation plantings,planting details and develop
plant schedules identifying plant material species and quantities.
Deliverable: Tree mitigation construction drawings
1.4 Revegetation/Seeding Plans. Using information provided by LRA, the A/E will develop
revegetation/seeding plans for disturbed areas along the creek channel. The A/E will
determine the seed mixtures and application rates required.
Deliverable:Revegetation/Seeding construction drawings
1.5 Technical Specifications. The A/E will prepare technical specifications required for the
planting types. These specifications will be in note form on the construction drawings. The
A/E will review related technical specifications prepared by LRA if requested to ensure
coordination.
Deliverable: Technical specifications
1.6 Opinion of Probable Construction Costs. The A/E will prepare an opinion of probable
construction cost statements for all planting types at the concept design, and 65% and
100% construction document completion stage to reflect the then current design.
Deliverable: Opinion of probable construction cost statements
1.7 Review Meetings. The A/E will attend project-related review meetings with the Owner,
other project consultants and the U.S. Army Corps of Engineers.
1.8 Bidding Assistance/Preconstruction Conference. The A/E will attend a pre-bid meeting,
answer questions during the bidding process, and attend a preconstruction conference with
the selected contractor. The A/E will prepare any needed addenda information or drawings
related to his portion of the project and provide it to LRA to be included in addenda to be
issued by LRA. The A/E will prepare meeting notes for any items related to his portion of
the project and provide it to LRA to be included in addenda issued by LRA.
Deliverable: Addenda & record meeting notes as described
1.9 Construction Observation—Bioengineering/Seeding. The A/E will provide construction
observation services during the preparation and installation of the bioengineering plantings.
Deliverable: Record meeting notes
the city, the city will enter into such litigation as is necessary to protect
the interests of the city and to effectuate these provisions (of this division); and in the case of contracts
receiving federal assistance, the contractor or the city may request the United States to enter into such
litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the contract
compliance officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such
provisions will be binding upon each subcontractor or vendor.
PBE/DBE Doc 12/5/02
ve. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
1.10 Construction Observation—Tree Mitigation. The A/E will provide construction
observation services during the installation of tree planting. The A/E will conduct a field
inventory of all mitigation plantings to confirm that the quantity of plantings meets the
governmental mitigation requirements.
Deliverable: Record meeting notes
Additional Services
Any services required in addition to those listed in the Scope of Services will be performed upon
written authorization from the Owner at the A/E's prevailing standard hourly billing rates plus
reimbursable expenses as shown on Attachment"A".
Excluded Services
Services not set forth above as Basic Services or Additional Services and listed in Article 1 of
this Agreement are excluded from the A/E's Scope of Services and the A/E assumes no
responsibility to perform such services. Excluded services include,but are not limited to,the
following:
• 404 Permit
• NPDES permit application
• City of Omaha grading permit
• Floodplain permit
• No-Rise Study
• Inspection and monitoring of erosion control devices or other monitoring required
by any of the permits
Owner-Provided Information. The Owner will provide the following information and services at
no cost to the A/E:
• Topographic survey of the project site indicating property lines, topography, vegetation,
and existing utilities. All survey information shall be submitted to the A/E in AutoCAD
2008 format, as well as a hard copy for reference
• GIS information for the project area including topographic contours and color aerial base in
AutoCAD 2008 format, as well as a hard copy for reference
• Geotechnical/permeability tests for selected areas of the site
File:Cole Creek Channel Improvements—Bioengineering&Revegetation.doc
n document completion stage to reflect the then current design.
Deliverable: Opinion of probable construction cost statements
1.7 Review Meetings. The A/E will attend project-related review meetings with the Owner,
other project consultants and the U.S. Army Corps of Engineers.
1.8 Bidding Assistance/Preconstruction Conference. The A/E will attend a pre-bid meeting,
answer questions during the bidding process, and attend a preconstruction conference with
the selected contractor. The A/E will prepare any needed addenda information or drawings
related to his portion of the project and provide it to LRA to be included in addenda to be
issued by LRA. The A/E will prepare meeting notes for any items related to his portion of
the project and provide it to LRA to be included in addenda issued by LRA.
Deliverable: Addenda & record meeting notes as described
1.9 Construction Observation—Bioengineering/Seeding. The A/E will provide construction
observation services during the preparation and installation of the bioengineering plantings.
Deliverable: Record meeting notes
the city, the city will enter into such litigation as is necessary to protect
the interests of the city and to effectuate these provisions (of this division); and in the case of contracts
receiving federal assistance, the contractor or the city may request the United States to enter into such
litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the contract
compliance officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such
provisions will be binding upon each subcontractor or vendor.
PBE/DBE Doc 12/5/02
ve. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
•
Attachment "E" - Breakdown of Costs
Cole Creek Channel Improvements - Bioengineering & Revegetation Plantings
Omaha, Nebraska
Big Muddy Workshop, Inc.
Date:August 19,2008
Scope of Services Prin./LA P.M./LA Grad LA Total
Construction Document Preparation:
1.1 Bioretention Garden Plantings 4 22 40
1.2 Bioengineering Plans&Details 40 5 36
1.3 Tree Mitigation Plans&Details 4 32 48
1.4 Revegetation/Seeding Plans 4 16 32
1.5 Technical Specifications 2 8
1.6 Cost Opinion 4 10 32
1.7 Review Meetings&Coordination 16 10
Total Hours 74 103 188
x Hourly Rate $125 $100 $70
Subtotal $9,250 $10,300 $13,160
Professional Fees for Construction Document Preparation $32,710
Construction Contract Administration:
1.8 Bidding Assistance/Preconstruction Meeting 12 4
1.9 Construction Observation-Bioengineering/Seeding 30 16
1.10 Construction Observation-Tree Mitigation Plantings 10 40
Total Hours 52 0 60
x Hourly Rate $125 $100 $70
Subtotal $6,500 $0 $4,200
Professional Fees for Contract Administration $10,700
Reimbursable Expenses:
In-House Copies/Computer Supplies $250
Mileage $250
Reimbursable Expenses $500
Hourly plus Expenses - Not to exceed $43,910
File: Cole Creek Channel Improvements-Bioengineering&Revegetation Plantings.xls
nd color aerial base in
AutoCAD 2008 format, as well as a hard copy for reference
• Geotechnical/permeability tests for selected areas of the site
File:Cole Creek Channel Improvements—Bioengineering&Revegetation.doc
n document completion stage to reflect the then current design.
Deliverable: Opinion of probable construction cost statements
1.7 Review Meetings. The A/E will attend project-related review meetings with the Owner,
other project consultants and the U.S. Army Corps of Engineers.
1.8 Bidding Assistance/Preconstruction Conference. The A/E will attend a pre-bid meeting,
answer questions during the bidding process, and attend a preconstruction conference with
the selected contractor. The A/E will prepare any needed addenda information or drawings
related to his portion of the project and provide it to LRA to be included in addenda to be
issued by LRA. The A/E will prepare meeting notes for any items related to his portion of
the project and provide it to LRA to be included in addenda issued by LRA.
Deliverable: Addenda & record meeting notes as described
1.9 Construction Observation—Bioengineering/Seeding. The A/E will provide construction
observation services during the preparation and installation of the bioengineering plantings.
Deliverable: Record meeting notes
the city, the city will enter into such litigation as is necessary to protect
the interests of the city and to effectuate these provisions (of this division); and in the case of contracts
receiving federal assistance, the contractor or the city may request the United States to enter into such
litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the contract
compliance officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such
provisions will be binding upon each subcontractor or vendor.
PBE/DBE Doc 12/5/02
ve. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
•
Attachment "E-1"
STANDARD BILLING RATES and REIMBURSABLE EXPENSES
HOURLY BILLING RATES:
The billing rates for professional services performed by Workshop staff are:
Principal/Landscape Architect $125.00 per hour
Principal/Interpretive Planner $110.00 per hour
Senior Project Manager/Landscape Architect $100.00 per hour
Intern Landscape Architect $ 70.00 per hour
Cleric/Administrative $ 50.00 per hour
REIMBURSABLE EXPENSES:
Mileage $0.60 per mile
Bond computer plots $0.70 per square foot
Photocopy-black&white $0.05 per 8.5"xl 1" sheet
Photographic Supplies& Services 1.0 times actual cost
Miscellaneous Expenses 1.0 times actual cost
File:Cole Creek Channel Improvements—Bioengineering&Revegetation.doc
N
c-25a CITY OF OMAHA
, LEGISLATIVE CHAMBER
Omaha,Nebraska ,
RESOLVED BY THE.CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City desires to prepare a design for tree mitigation and
bioretention planting for the Cole Creek Demonstration Project that runs from Sorensen Parkway
to Hartman Avenue; and,
WHEREAS, Big Muddy Workshop, Inc. has been selected in accord with the
Architect's and Engineer's Review and Selection Committee rules to perform these engineering.
services, the specifics of which are detailed in Exhibit "D" to the Agreement, which by this
reference is made a part hereof; and,
WHEREAS, Big Muddy Workshop, Inc. will perform the services listed in the
Agreement for a fee not to exceed $43,910.00, which will be paid from the Stormwater
Management Plan Fund 12143, Stormwater Management Plan Organization 128026.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the Agreement with Big Muddy
Workshop, Inc. to provide professional services for design for tree mitigation and bioretention
planting for the Cole Creek Demonstration Project that runs from Sorensen Parkway to Hartman
Avenue is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay $43,910.00 for these services
from the Stormwater Management Plan Fund 12143, Stormwater Management Plan
Organization 128026.
1177hxf APPROVED AS TO FORM:
✓-4[
CITY ATTORNEY DATE
ADM/4f- 4111411-
Y
- Councilmember
Adopted .:- . Q0u
1.-_ City Clerk _4.4
Approve dr04r-----
Mayor
• Geotechnical/permeability tests for selected areas of the site
File:Cole Creek Channel Improvements—Bioengineering&Revegetation.doc
n document completion stage to reflect the then current design.
Deliverable: Opinion of probable construction cost statements
1.7 Review Meetings. The A/E will attend project-related review meetings with the Owner,
other project consultants and the U.S. Army Corps of Engineers.
1.8 Bidding Assistance/Preconstruction Conference. The A/E will attend a pre-bid meeting,
answer questions during the bidding process, and attend a preconstruction conference with
the selected contractor. The A/E will prepare any needed addenda information or drawings
related to his portion of the project and provide it to LRA to be included in addenda to be
issued by LRA. The A/E will prepare meeting notes for any items related to his portion of
the project and provide it to LRA to be included in addenda issued by LRA.
Deliverable: Addenda & record meeting notes as described
1.9 Construction Observation—Bioengineering/Seeding. The A/E will provide construction
observation services during the preparation and installation of the bioengineering plantings.
Deliverable: Record meeting notes
the city, the city will enter into such litigation as is necessary to protect
the interests of the city and to effectuate these provisions (of this division); and in the case of contracts
receiving federal assistance, the contractor or the city may request the United States to enter into such
litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the contract
compliance officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such
provisions will be binding upon each subcontractor or vendor.
PBE/DBE Doc 12/5/02
ve. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount
City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
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Photocopy-black&white $0.05 per 8.5"xl 1" sheet
Photographic Supplies& Services 1.0 times actual cost
Miscellaneous Expenses 1.0 times actual cost
File:Cole Creek Channel Improvements—Bioengineering&Revegetation.doc
N