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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 7 _ § c4 ^ e J p K e p L.4 1,4/ CD � C , � 0 / E � k § p ƒ / @ 7 ( S k § 7 7 g n 2 ƒ e t ® E 2 f rgat A ƒ $ e 8 _ 11) k § k p. 0 0 -- . \ r ., _ . 1.1 6 . 0 cp §_, E. q 0. \ ? 2 P.t=i ,- k K 04 n § § ® �. § S § ƒ / G § d / 7 0A / C 0 R " • \ . - — ` � r.niii!!NGMADE g 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 n § § ® �. § S § ƒ / G § d / 7 0A / C 0 R " • \ . - — ` � r.niii!!NGMADE g 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 A (O O O ( C AD a • CD r°•• r-r C •r-t A+ e- Q N p rr N .r• to (s7 tz • CDA, A, O 5• `.3 0- a' A CD "Ci11, rr rr O rr r r O '-r q �' ct tS cn IV CD Y I�0 pa r� \St F 0bli 7.7.Cul n t.') 4\ 1 I. CD C� CD cr 'U "1 •• n y 0cm, o Z. P o , - CD ° ; Q- 09 UQ• CD 1r,1 CD rN-r `C C Po N CD X ' NO a T r-r CD 8.doc n § § ® �. § S § ƒ / G § d / 7 0A / C 0 R " • \ . - — ` � r.niii!!NGMADE g DATE MAILED (0/5/0 in Model (DTM)