RES 2008-0622 - Agmt with Olsson Associates Inc for stream stabilization and storm water best managmenet practices design f c'a"A, R E C E I ,?� E- D
4 1,9.1, Public Works Department
,�y r ra
�1q' � rr ; , Omaha/Douglas Civic Center
T.7 fir �► May 6, 2008 08 �' i 1819 Farnam Street,Suite 601
;:
ti, Omaha,Nebraska 68183-0601
R`" " '` (402)444-5220
�T�D FEBO' CITY C i Fax(402)444-5248
City of Omaha OMAHA, I1E1PAS
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 Services Agreement with Olsson
Associates for design of stream bank stabilization and storm water best management practices
for the right bank tributary to the West Papillion Creek located east of the "T" intersection of
166th Street and Howard Street.
The attached Agreement authorizes Olsson Associates to proceed with these professional design
services. Details of the project are included in Exhibit"E"of the Agreement.
Olsson Associates has agreed to perform the professional engineering services detailed in the
agreement for a fee not to exceed $35,555.00. This will be paid from the Street and Highway
Allocation Fund 12131, Design Engineering Organization 116132, year 2008 expenditure.
Olsson Associates has filed the required Annual Contract Compliance 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:
0fY/ vo 9-2 3 -nit
obert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved:
S- f/4
A. E "3' a�Carol bdonl U Date Gail Kinsey Tho pson Date
Finance Director Human Rights and Relations Director
1056hxf
icipate in 100
percent on N-64(WB Maple Street)from 90'h Street to 102nd Street of the actual construction •
cost only of work approved and accepted. Construction engineering is not included-in the above
construction cost. The maximum monetary amount which the State will provide for their share
of the actual construction costs is$300,000.00. •
SECTION 3. The specific locations of highways for which resurfacing is authorized,within the
$300,000.00 limit are as follows:
US-275("L" Street)from 27'h to 371h Street(50%) •
N-64 (WB Maple Street)from 90'h Street to 102nd Street(100%)
N-133(WB Blair High Road)from 90`h Street to 1-680(50%)
Title:Account Executive
Ii inspection
Offic in the City
Public Hearing will be held
before the City Council of �n//1
the eg Citya of Omaha, In the 1`� dayof
Legislative chambers. Subsc • ed in my presence and sworn to before me this
Omaha/Douglas
ter, Civic
Center,1819 Farnam Street,
Omaha,Nebraska. 008.
Buster Brown
City Clerk
ALL REQUESTS FOR SIGN -4.3- _ _Arl .
LANGUAGE INTERPRETERS "
(SIGNERS)WILL REQUIRE A
MIA VANCENOTICE.RS tANDA KAY ammo
IF ALTERNATIVE FORMATS General Notary
ARE NEEDED ALL REQUESTS
WILL REQUIRE A MINIMUM - NO Public
E $f
OF 72 HOURS ADVANCate of Nebraska '
NOTICE. My Commission Expires Jan le.2012
PLEASE NOTIFY TAMMY - -
BIODROWSKI-444.5553 - - � — -�
IF ARRANGEMENTS NEED TO -
BEJAADE
Printer's Fee$
Affidavit
Paid By
7
•
Firm or Corporate Name N t / n ec' cif h t e k
Cr�
Address Pi LNG
,,` �T k 0p Telephone(!'umber I}
�G b
antaged.Business Enterprises in such
form and manner and at such time as prescribed by the City of Omaha(Exhibit C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
'•gar ..-s<.,ri.-:�. . ..,-- .. -
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 31 st day of March, 2008, by and between the
City of Omaha, a municipal corporation located in Douglas County,Nebraska (hereinafter referred to as
the "City"), and Olsson Associates (hereinafter referred to as the "Provider"), on the terms, conditions
and provisions as set forth herein below.
I. PROJECT NAME AND DESCRIPTION
Stream Stabilization and Stormwater Best Management Practice Design for a right bank tributary
to the West Papillion Creek. The tributary is located east of the "T" intersection of 166th and
Howard Streets in the Cambridge Oaks residential development.
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 90 day
period after receipt of a purchase order from the City.
B. Provider designates Selma C. Kessler whose business address and phone number are 2120 S.
72"d Street, Omaha, NE 68124, and 402-938-2419 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 90 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 Karl L. Hundtofte whose business address and phone number are 1819 Farnam
Street, Omaha, NE 68183 and 402-444-5106 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.
s follows:
US-275("L" Street)from 27'h to 371h Street(50%) •
N-64 (WB Maple Street)from 90'h Street to 102nd Street(100%)
N-133(WB Blair High Road)from 90`h Street to 1-680(50%)
Title:Account Executive
Ii inspection
Offic in the City
Public Hearing will be held
before the City Council of �n//1
the eg Citya of Omaha, In the 1`� dayof
Legislative chambers. Subsc • ed in my presence and sworn to before me this
Omaha/Douglas
ter, Civic
Center,1819 Farnam Street,
Omaha,Nebraska. 008.
Buster Brown
City Clerk
ALL REQUESTS FOR SIGN -4.3- _ _Arl .
LANGUAGE INTERPRETERS "
(SIGNERS)WILL REQUIRE A
MIA VANCENOTICE.RS tANDA KAY ammo
IF ALTERNATIVE FORMATS General Notary
ARE NEEDED ALL REQUESTS
WILL REQUIRE A MINIMUM - NO Public
E $f
OF 72 HOURS ADVANCate of Nebraska '
NOTICE. My Commission Expires Jan le.2012
PLEASE NOTIFY TAMMY - -
BIODROWSKI-444.5553 - - � — -�
IF ARRANGEMENTS NEED TO -
BEJAADE
Printer's Fee$
Affidavit
Paid By
7
•
Firm or Corporate Name N t / n ec' cif h t e k
Cr�
Address Pi LNG
,,` �T k 0p Telephone(!'umber I}
�G b
antaged.Business Enterprises in such
form and manner and at such time as prescribed by the City of Omaha(Exhibit C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
IV. COMPENSATION AND PAYMENT
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$36,555.
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.
lic Hearing will be held
before the City Council of �n//1
the eg Citya of Omaha, In the 1`� dayof
Legislative chambers. Subsc • ed in my presence and sworn to before me this
Omaha/Douglas
ter, Civic
Center,1819 Farnam Street,
Omaha,Nebraska. 008.
Buster Brown
City Clerk
ALL REQUESTS FOR SIGN -4.3- _ _Arl .
LANGUAGE INTERPRETERS "
(SIGNERS)WILL REQUIRE A
MIA VANCENOTICE.RS tANDA KAY ammo
IF ALTERNATIVE FORMATS General Notary
ARE NEEDED ALL REQUESTS
WILL REQUIRE A MINIMUM - NO Public
E $f
OF 72 HOURS ADVANCate of Nebraska '
NOTICE. My Commission Expires Jan le.2012
PLEASE NOTIFY TAMMY - -
BIODROWSKI-444.5553 - - � — -�
IF ARRANGEMENTS NEED TO -
BEJAADE
Printer's Fee$
Affidavit
Paid By
7
•
Firm or Corporate Name N t / n ec' cif h t e k
Cr�
Address Pi LNG
,,` �T k 0p Telephone(!'umber I}
�G b
antaged.Business Enterprises in such
form and manner and at such time as prescribed by the City of Omaha(Exhibit C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
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.
A
MIA VANCENOTICE.RS tANDA KAY ammo
IF ALTERNATIVE FORMATS General Notary
ARE NEEDED ALL REQUESTS
WILL REQUIRE A MINIMUM - NO Public
E $f
OF 72 HOURS ADVANCate of Nebraska '
NOTICE. My Commission Expires Jan le.2012
PLEASE NOTIFY TAMMY - -
BIODROWSKI-444.5553 - - � — -�
IF ARRANGEMENTS NEED TO -
BEJAADE
Printer's Fee$
Affidavit
Paid By
7
•
Firm or Corporate Name N t / n ec' cif h t e k
Cr�
Address Pi LNG
,,` �T k 0p Telephone(!'umber I}
�G b
antaged.Business Enterprises in such
form and manner and at such time as prescribed by the City of Omaha(Exhibit C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
•
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 policies of the program as herein outlined.
EXECUTED this 10th day of April _, 2008.
Olsson Associates
Provider
BYNtS.144 - lac
ATTEST
Senior Enginee
By:
ATTEST
Omaha Office Leader
(Title)
EXECUTED this 0 day of /YI , .200E .
ATTEST4 CITY OF OMAHA,A Municipal Corporation
B haw—YG)7,-15,„0"--
City Clerk Mayor
APPROVED AS TO FORM:
y',/,a
uty City Attorney
Revised: 4/18/07
aws, 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.
A
MIA VANCENOTICE.RS tANDA KAY ammo
IF ALTERNATIVE FORMATS General Notary
ARE NEEDED ALL REQUESTS
WILL REQUIRE A MINIMUM - NO Public
E $f
OF 72 HOURS ADVANCate of Nebraska '
NOTICE. My Commission Expires Jan le.2012
PLEASE NOTIFY TAMMY - -
BIODROWSKI-444.5553 - - � — -�
IF ARRANGEMENTS NEED TO -
BEJAADE
Printer's Fee$
Affidavit
Paid By
7
•
Firm or Corporate Name N t / n ec' cif h t e k
Cr�
Address Pi LNG
,,` �T k 0p Telephone(!'umber I}
�G b
antaged.Business Enterprises in such
form and manner and at such time as prescribed by the City of Omaha(Exhibit C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
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/A
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 ontract Awards., •
Signature �
,�._
Title:Senior Engineer Date of Signing:April 10,2008
Firm or Corporate Name: Olsson Associates
Address: 2120 S 72"d Street,Omaha,NE 69124 Telephone Number:402-938-2419
- NO Public
E $f
OF 72 HOURS ADVANCate of Nebraska '
NOTICE. My Commission Expires Jan le.2012
PLEASE NOTIFY TAMMY - -
BIODROWSKI-444.5553 - - � — -�
IF ARRANGEMENTS NEED TO -
BEJAADE
Printer's Fee$
Affidavit
Paid By
7
•
Firm or Corporate Name N t / n ec' cif h t e k
Cr�
Address Pi LNG
,,` �T k 0p Telephone(!'umber I}
�G b
antaged.Business Enterprises in such
form and manner and at such time as prescribed by the City of Omaha(Exhibit C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
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 Employs Protected Class Males Protected Class Females
American American
Total Total Asian or Indian or Asian or Indan or
Work Protected Pacific Alaskan Pacific Alaskan
Date Force aass Black Hispanic Islander Native Black Iispanic Islander Native White
3131/2008 702 204 6 18 5 0 2 3 2 2 168
"Refer any questions regading the BID a-SPECIFICATIONS directly to the Purchasing Depatrnent(402)444-5400 or as shown on
bid. All bidders awarded a contract in the amount of$5,000 a-more must canply with the Contract Compliance Ordinance and
have on file with the Human Relations Department the Contract Corrpliaice Report(Form CC-1). This report shall be in effect for
24 months from the date received by the Human Relations Depatment. My Questions regarcing the Contract Corrpliance
Ordinance should be directed to the Human Relations Department at(402)444-5055.
(PLEASE PRINT LEG BLY OR TYPE) •
Firm's Name: Olsson Associates 4/10/08
(Date of Signing)
Signature: Selma C. Kessler _Senior Engineer
(Print Name) (Title) (Signature)
rt 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 ontract Awards., •
Signature �
,�._
Title:Senior Engineer Date of Signing:April 10,2008
Firm or Corporate Name: Olsson Associates
Address: 2120 S 72"d Street,Omaha,NE 69124 Telephone Number:402-938-2419
- NO Public
E $f
OF 72 HOURS ADVANCate of Nebraska '
NOTICE. My Commission Expires Jan le.2012
PLEASE NOTIFY TAMMY - -
BIODROWSKI-444.5553 - - � — -�
IF ARRANGEMENTS NEED TO -
BEJAADE
Printer's Fee$
Affidavit
Paid By
7
•
Firm or Corporate Name N t / n ec' cif h t e k
Cr�
Address Pi LNG
,,` �T k 0p Telephone(!'umber I}
�G b
antaged.Business Enterprises in such
form and manner and at such time as prescribed by the City of Omaha(Exhibit C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
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: Olsson Associates
Project Number:
Project Name:
Total Contract Amount: $36,555
Calendar Quarter
Covered by this Report:
1st 3rd
X 2nd 4th
Year 2008
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
n/a n/a n/a n/a n/a
port(Form CC-1). This report shall be in effect for
24 months from the date received by the Human Relations Depatment. My Questions regarcing the Contract Corrpliance
Ordinance should be directed to the Human Relations Department at(402)444-5055.
(PLEASE PRINT LEG BLY OR TYPE) •
Firm's Name: Olsson Associates 4/10/08
(Date of Signing)
Signature: Selma C. Kessler _Senior Engineer
(Print Name) (Title) (Signature)
rt 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 ontract Awards., •
Signature �
,�._
Title:Senior Engineer Date of Signing:April 10,2008
Firm or Corporate Name: Olsson Associates
Address: 2120 S 72"d Street,Omaha,NE 69124 Telephone Number:402-938-2419
- NO Public
E $f
OF 72 HOURS ADVANCate of Nebraska '
NOTICE. My Commission Expires Jan le.2012
PLEASE NOTIFY TAMMY - -
BIODROWSKI-444.5553 - - � — -�
IF ARRANGEMENTS NEED TO -
BEJAADE
Printer's Fee$
Affidavit
Paid By
7
•
Firm or Corporate Name N t / n ec' cif h t e k
Cr�
Address Pi LNG
,,` �T k 0p Telephone(!'umber I}
�G b
antaged.Business Enterprises in such
form and manner and at such time as prescribed by the City of Omaha(Exhibit C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
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
C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
fi"Ca <t.h
1'i)7°.
EXHIBIT"D"
SCOPE OF SERVICES
The scope of services is provided in the attached letter dated April 10,2008
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DATE MAILED (0/5/0
in Model (DTM)
O\OLSSON
ASSOCIATES
April 10, 2008
Mr. Karl Hundtofte, P.E.
Design Division
City of Omaha Public Works Department
1819 Farnam St., Suite 600
Omaha Ne. 68183
Re: Proposal: Stream Stabilization at 166th Street.
•
Dear Mr. Hundtofte:
Olsson Associates is pleased to submit this letter proposal for stabilization of the un-named
tributary of the West Papio Creek near South 166th Street in West Omaha. We have visited and
examined the site to assess conditions contributing to destabilization of the creek banks. During
our visit, we noted the stream condition and the extent of eroded bank as follows:
1. A fallen tree and associated woody debris have fallen into the middle of the stream
causing high flows (those that may be associated with as little as a 2-year storm
event)to be diverted to the west into the eroded bank. The fallen tree and
associated woody debris are of sufficient size and quantity to cause the diverted
flow.
2. The severely eroded west bank now extends to the edge of private property, with a
very steep and dangerous incised wall. The incised wall extends from immediately
north of the debris described in item 1 for a length of approximately 40 to 50 yards
downstream. The depth of the incision into the stream bank is approximately 35 feet.
3. The nearby stream bank conditions, while steep and deep, appear to be in relatively
stable condition. Some bank cutting was noted in the stream north from the erosion
site on the stream.
Based on these observations, We propose the following proposed approach for mitigating the
destabilized stream condition:
1. Meeting with you and other engineering design staff with the City of Omaha to discuss
stream stabilization goals and strategies before initiating design components of this
project. This kick off meeting is important for establishing communications, developing
common goals, and developing a mutually-agreeable project approach.
2. Review the April 26, 2007 report prepared by Schemmer Associates. Evaluate the
conclusions of this report, specifically with respect to the opinion that Artesian ground
water is responsible for the channel instability.
2120 South 72nd Street,Suite 1400 TEL 402.341.1116
Omaha, NE 68124-6316 FAX 402:341.5895 www.oaconsulting.com
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
C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
3. Conduct a detailed topographic survey of the tributary from the culvert on the east side
of South 166th Street to it's confluence with West Papio Creek. The survey will provide
1-foot contours of the current stream bed and banks and provide data essential for the
design of the stream stabilization.
4. Olsson Associates will conduct a geotechnical assessment of the stream banks at the
point of the destabilized condition, and approximately 150 feet both upstream and
downstream of the eroded bank. The geotechnical assessment will include soils
characterization (structure, texture), matrix strength, and sheer testing.
5. Hydrology and hydraulics (H & H) analysis of the stream to model and examine flow
dynamics that will impact banks stabilization upstream, downstream, and at the point of
stabilization from which to determine the most effective stabilization remedy. The H & H
analysis will examine current flow conditions with the fallen tree and wood debris
remaining in the channel, and flow dynamics of a cleared channel.
6. Geotechnical services-Global Stability:
a. Field Exploration
i. Drill 2 soil test borings to depths ranging from 35 to 40 feet in the area of
the blown-out stream bank. The stream bank that will be analyzed is a
tributary to the West Papio Creek. Total anticipated drilling depth is 80
linear feet.
ii. Contact Diggers Hotline of Nebraska and coordinate with local utility
manager to locate underground utilities.
iii. Sampling of soils in general accordance with ASTM D-1586 and ATSM D-
1587.
iv. Obtain groundwater levels in the test borings at the time of drilling and
upon completion of the drilling operations.
b. Laboratory Services
Laboratory testing to include visual soil classification (ASTM D-2488),
unconfined compression tests (ASTM D-2166), thin-walled tube density
tests (ASTM D-2937), moisture content tests (ASTM D-2216), two
consolidated undrained triaxial compression test, standard proctor, and
Atterberg limits test.
c. Engineering Analysis and Report
i. Utilize the survey data information provided to evaluate the global stability
of the existing blown-out slope and the remedial measures needed to
stabilize the slope. The global stability analysis will utilize the boring and
laboratory information to interpret soil properties values that can be used
in a Geo/Slope W software program. A minimum safety factor of 1.5 will
gation 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
C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
be required. Final recommendations will be made regarding acceptable
slope conditions based on the available soil information.
7. Stream and bank stabilization design. We anticipate that the design will include the
following elements:
Retaining as much of the existing stream channel as possible. This will optimize
stream stability as well as minimize permit requirements by regulatory agencies
(primarily the U.S. Army Corps of Engineers).
a. Stream bank restoration at the point of bank erosion. This will include:
i. Armoring the toe of the bank.
ii. Design of a stable bank slope, including strategies for additional armoring
if needed, optimal repose of bank slope, and integrating the restored bank
with upstream and downstream banks to enhance stabilization. Because
of the steepness of the bank, soil placement and stabilization methods
will be important elements of the design.
iii. Revegetation plan for the stream bank to optimize soil stability and
erosion control.
iv. Grade controls both upstream and downstream of the point of
stabilization to control stream flow, with emphasis on controlling the rate
of vertical drop in the stream and directing flow to the center of the stream
channel, away from the banks.
b. Maintenance and monitoring plan. Maintenance and monitoring of the stabilized
bank is recommended for a period of two years to assure successful
establishment of vegetation, monitor for potential weak points in the stream
channel that could create future issues.
8. Develop permit applications if necessary. We will examine the necessity of appropriate
U.S. Army Corps of Engineers, Nebraska Department of Environmental Quality, and
local permit requirements (grading plans, land disturbance) and prepare applications that
may be required. We anticipate that the U.S. Army Corps of Engineers permit may not
be necessary if we do not impact the existing stream channel (moving or re-directing the
stream channel from its current path).
9. Opinion of Probable Cost (OPC). We will develop an opinion of probable cost for the
implementation of this stream bank stabilization design. The OPC will include
construction costs as well as maintenance and monitoring costs to assure success of the
stabilization project.
will utilize the boring and
laboratory information to interpret soil properties values that can be used
in a Geo/Slope W software program. A minimum safety factor of 1.5 will
gation 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
C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
•
Cost Estimate
Task Estimated Cost
1. Kick Off Meeting
Assumes two Olsson Associates project team members $ 1,440
attending the meeting at your offices.
2. Review April 26, 2007 Study of area prepared by Schemmer $ 1,000
and Associates
3. Topographic Survey
Assume Olsson Associates will complete this survey. We $ 2,000
understand that this task may be completed by the City.
4. Geotechnical Assessment
Assumes three sampling locations: one upstream, one $ 7,750
downstream, and one within the eroded stream section.
5. Hydrology and Hydraulics Analysis
Assumes H&H model analysis of two stabilized stream $ 3,725
configurations
6. Stream Bank Stabilization Design $14,400
Includes two in process meetings with the City.
7. Permit Applications.
Assumes local and State construction permits, and that a
Corps of Engineers Nationwide 404 permit application will be $ 3,360
sufficient(Corps of Engineers permit will require an Individual
Permit specific for the project if alterations to the stream
channel are required).
8. Opinion of Probable Cost $ 2,880
Total Estimated Design Cost $36,555
Our project team will consist of the following Olsson Associates professionals:
Selma Kessler, P.E. Selma will serve as project manager and provide technical leadership for
the hydrology and hydraulics and stream restoration design. She has more than 20 years of
engineering experience in water resources engineering in eastern Nebraska, bringing a wealth
of=knowledge about Omaha's unique stream conditions. Selma is located in Olsson's Omaha
office.
Ted Hartsig, CPSS. Ted is a senior soil scientist with more than 24 years experience in natural
resources management and restoration, including restoration of riparian and wetland resources.
He;provides geomorphology and bank stabilization expertise to this project, particularly related
to the deep:loess environment in Omaha and it's stream network. He will work closely with
Selma in providing senior-level science and engineering expertise to develop an effective
stream stabilization design. Ted is based in Olsson's Kansas City office, and routinely provides
service to the City of Omaha from our local office.
Our project team also includes Aaron Klein and Lianne Lau. Aaron is a technician in Omaha
with crossover experience with construction observation, testing, survey and AutoCad. He was
responsible for the plans, and construction observation and management of the Glenn
Cunningham Lake project. Aaron will be responsible for putting the plan sets together and
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
C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
providing:input on constructability. Lianne will provide engineering support to both Selma and
during the design process.
If you have any questions regarding this proposal the design of stream stabilization of the
eroded stream bank on South 166th Street, please do not hesitate to call me at 938-2419,.or
Ted:Hartsig at 913-748-2615. We appreciate the opportunity to present this proposal, and look
forward to assisting you in developing a successful, cost-effective design solution for this
project.
Sincerely,
Olsson Associates
•
Selma C. Kessler, PE, CFM
Senior Engineer
F:\Projects\008-0474\Documents\Estimates\Omaha Trib Stabilization proposal_sck 4-10-08.doc
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DATE MAILED (0/5/0
in Model (DTM)
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City desires to do stream stabilization and storm water best
management practices design for the right bank tributary to the West Papillion Creek located east
of the "T"intersection of 166th Street and Howard Street; and,
WHEREAS, Olsson Associates, Inc. has been selected in accord with the
Architect's and Engineer's Review and Selection Committee to perform these engineering
services, the specifics of which are detailed in the scope of services for the Agreement, which by
this reference is made a part hereof; and,
WHEREAS, Olsson Associates, Inc. will perform the services listed in the
Agreement for a fee not to exceed $35,555.00, which will be paid from the Street and Highway
Allocation Fund 12131, Design Engineering Organization 116132, year 2008 expenditure.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the Agreement with Olsson Associates,
Inc. to provide professional services for stream stabilization and storm water best management
practices design for the right bank tributary to the West Papillion Creek located east of the "T"
intersection of 166th Street and Howard Street is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay $35,555.00 for these services
from the Street and Highway Allocation Fund 12131, Design Engineering Organization 116132,
year 2008 expenditure.
losshxf APPROVED AS TO FORM:
f,dr#CITY
TTONEY1' 7 DATE
10,40.0c/i3,44.
By
Councilmember
Adopted MAY - 6 an -2 --0
i‘17—
City Clerk/4U:4-Air^ t
Approved .4/
. Mayor
resources management and restoration, including restoration of riparian and wetland resources.
He;provides geomorphology and bank stabilization expertise to this project, particularly related
to the deep:loess environment in Omaha and it's stream network. He will work closely with
Selma in providing senior-level science and engineering expertise to develop an effective
stream stabilization design. Ted is based in Olsson's Kansas City office, and routinely provides
service to the City of Omaha from our local office.
Our project team also includes Aaron Klein and Lianne Lau. Aaron is a technician in Omaha
with crossover experience with construction observation, testing, survey and AutoCad. He was
responsible for the plans, and construction observation and management of the Glenn
Cunningham Lake project. Aaron will be responsible for putting the plan sets together and
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
C is cu.gently required to be submitted within I0
calendar days following the end of each calendar quarter, from the start of the project).
2. The Contractors and subcontractort shall permit access to their books, records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these s
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha.pecifiefora minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the.Contractor's PBE,/DBE involvement efforts during contract performance. The Contractor
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress paym`nts
are not made to PEE/DEE subcontractors.
In submittin its bid the Bidder is certifying that it has contacted City of Omaha Human Ri hts and Relations De artment riot to bid onenin•
re ardin this ro'ect and has afforded subcontractors partici tin in the FEE/DBE ro am the o ortunity to submit bids on this nro'ect. Failure to
comply with the above shall result in the bid bein re'ectedby the Ci of Omaha.
(3) A detailed statement of the reasons why additional prospective agreements with PEE/DBEs needed to meet the stated goals.were not
reached.
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
he behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment, settlement or
otherwise.(a) for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether
accruing before or atter the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements. proceeds, awards and damages, direct and consequential. in connection therewith. are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name. any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation. award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
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