Loading...
RES 2007-1554 - Agmt with TREKK Design Group LLC to conduct sewer system analysis in Rockbrook Village r F OMAHA• B RECEIVE f• , � y Public Works Department `,4 rtr �. 7', 3: 29 Omaha/Douglas Civic Center7 DEC li ® r tn..„ '� December 18, 2007 1819 Farnam Street,Suite 601 ro Omaha,Nebraska 68183-0601 94'TFn 1;�g4.,r� CITYCLERK (402)444-5220 Fax(402)444-5248 0��9AAHA, f E5 ?nS " City of Omaha Robert G.Stubbe,P.E. Mike Fahey,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with TREKK Design Group, LLC for professional engineering services to conduct a sewer system analysis and recommend improvements for the sewer system in Rockbrook Village located at 108th Street and West Center Road. The attached agreement authorizes TREKK Design Group, LLC to proceed with the analysis. The exact scope of services is included in Exhibit"D"of the Agreement. TREKK Design Group, LLC has agreed to perform the services detailed in the attached agreement for a fee not to exceed $48,780.00, which is payable from the Sewer Revenue Improvement Fund 21124, Neighborhood Sewer Renovation Organization 116911. TREKK Design Group, LLC has filed the required Annual Contract Compliance Report, Form, CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: , bert G. tubbe, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: to_.—A 9,61%._ i49) 2111A-'1// lo3k1 Carol A. Ebdon / Date Gail Kinsey Tho pson Date Finance Director in Human Rights and Relations Director P:\PW\16255pjm.doc M Oo so es oo oo oo o a so DI 61. or w al r0o 0o 0o r to o o .N. so to .N. o n w Es) U m R on a to o N 0 0 0 0 -i N o E. a 1 . ct ;-•i b oo or N 0. aw .» oo I 0 0 0 o O 0 or ca x rt.) Wcn a .M oo N so or aw N.-0 0 0 0 .Si 0 e E.a N AL rJ W(,� M W0. to or00 or N so 'a1' or• o• fnaz w N 00 0o M sr so oo E.a w U C� c a ~ sr oo so or sr or et 'cr N '-r N N ,0 O. a a En w J En en •o•' n • d a. L' . d 5 m > m u > w ' , m .�. c a`5 3 U y o a A o p • Q e o .9 .� y = s o P. a o 5 . .c W 5 .5 a' °o in co m to w ° o a �.., m v? o w o - v1 .6. O' 0. ec o ' ? ..' ❑ >. d o v c a5i o v G v c: A t o � 9 .8 5@ o G o gi, x A o W d 9 d 3 az 0 u in AV. :C. .5 F .5 a > �. .9 vi N U a>i w' E W o W F 5 0 co o '3 F' a C C Gs-• a N o ►-i S L .DJ o. C o� 9 C Ica ,o,� tO 'O„ .9 a 0 " c Epp .5 Ca " 0) E 0 Y y o o 0.0 Y ti u Y < E N E. A h 'EE. "' .. y h A Xj, a 00 a a. d a x a o x o w m a .u. o u. 'C W a E. F a O O A F m > F U a F F m F a U a 3 F a. a U a. F ii �.` BE Doc 12/5/02 ished a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders,shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 14th day of November,2007, by and between the City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the "City"), and TREKK Design Group, LLC (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION OPW 51417 (RNC)—Rockbrook Village, 108t''& W. Center Sewer System Analysis and Study, Phase I & II 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. B. Provider designates Cliff Cate whose business address and phone number are 4203 S. 87th St., Omaha NE 68127 at (816) 874-4659, 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 360 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 Susan Marino whose phone number is(402) 444-3393 and Jorge Rivero whose phone number is (402) 444-3995 whose business address is Omaha Public Works Dept., 1819 Farnam St., Omaha NE 68183 as its contact persons for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence and proceed with the project and various aspects of it. N o E. a 1 . ct ;-•i b oo or N 0. aw .» oo I 0 0 0 o O 0 or ca x rt.) Wcn a .M oo N so or aw N.-0 0 0 0 .Si 0 e E.a N AL rJ W(,� M W0. to or00 or N so 'a1' or• o• fnaz w N 00 0o M sr so oo E.a w U C� c a ~ sr oo so or sr or et 'cr N '-r N N ,0 O. a a En w J En en •o•' n • d a. L' . d 5 m > m u > w ' , m .�. c a`5 3 U y o a A o p • Q e o .9 .� y = s o P. a o 5 . .c W 5 .5 a' °o in co m to w ° o a �.., m v? o w o - v1 .6. O' 0. ec o ' ? ..' ❑ >. d o v c a5i o v G v c: A t o � 9 .8 5@ o G o gi, x A o W d 9 d 3 az 0 u in AV. :C. .5 F .5 a > �. .9 vi N U a>i w' E W o W F 5 0 co o '3 F' a C C Gs-• a N o ►-i S L .DJ o. C o� 9 C Ica ,o,� tO 'O„ .9 a 0 " c Epp .5 Ca " 0) E 0 Y y o o 0.0 Y ti u Y < E N E. A h 'EE. "' .. y h A Xj, a 00 a a. d a x a o x o w m a .u. o u. 'C W a E. F a O O A F m > F U a F F m F a U a 3 F a. a U a. F ii �.` BE Doc 12/5/02 ished a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders,shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set • IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed and paid on an hourly basis, but in no event shall exceed $48,780.00, including expenses. B. Reimbursable expenses shall be billed to the City by the Provider. C. INCREASE OF FEES The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent, if the original fee is one hundred fifty thousand dollars($150,000)or more, or(b)by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the city council. The provisions of this section will be quoted in all future city contracts. Nothing in this section is intended to alter the authority of the mayor under section 5.16 of the Charter to approve immediate purchases. V. OWNERSHIP OF INSTRUMENTS OF SERVICE The City acknowledges the Provider's construction documents, including electronic files, as instruments of professional service.Nevertheless, upon completion of the services and payment in full of all monies due to the Provider,the final construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the prior written authorization of the Provider. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider, its officers, directors, employees and subconsultants(collectively, Provider)against any damages, liabilities or costs, including reasonable attorneys'fees and defense costs, arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the City, regardless of whether such reuse or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required, Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. so or sr or et 'cr N '-r N N ,0 O. a a En w J En en •o•' n • d a. L' . d 5 m > m u > w ' , m .�. c a`5 3 U y o a A o p • Q e o .9 .� y = s o P. a o 5 . .c W 5 .5 a' °o in co m to w ° o a �.., m v? o w o - v1 .6. O' 0. ec o ' ? ..' ❑ >. d o v c a5i o v G v c: A t o � 9 .8 5@ o G o gi, x A o W d 9 d 3 az 0 u in AV. :C. .5 F .5 a > �. .9 vi N U a>i w' E W o W F 5 0 co o '3 F' a C C Gs-• a N o ►-i S L .DJ o. C o� 9 C Ica ,o,� tO 'O„ .9 a 0 " c Epp .5 Ca " 0) E 0 Y y o o 0.0 Y ti u Y < E N E. A h 'EE. "' .. y h A Xj, a 00 a a. d a x a o x o w m a .u. o u. 'C W a E. F a O O A F m > F U a F F m F a U a 3 F a. a U a. F ii �.` BE Doc 12/5/02 ished a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders,shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set V II I. 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 parry'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. - v1 .6. O' 0. ec o ' ? ..' ❑ >. d o v c a5i o v G v c: A t o � 9 .8 5@ o G o gi, x A o W d 9 d 3 az 0 u in AV. :C. .5 F .5 a > �. .9 vi N U a>i w' E W o W F 5 0 co o '3 F' a C C Gs-• a N o ►-i S L .DJ o. C o� 9 C Ica ,o,� tO 'O„ .9 a 0 " c Epp .5 Ca " 0) E 0 Y y o o 0.0 Y ti u Y < E N E. A h 'EE. "' .. y h A Xj, a 00 a a. d a x a o x o w m a .u. o u. 'C W a E. F a O O A F m > F U a F F m F a U a 3 F a. a U a. F ii �.` BE Doc 12/5/02 ished a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders,shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set 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 14th day of November , 2007 . TREKK Design Group, LLC Provider /" By AT ST Clifford K.Cate,III Water/Wastewater Manager (Title) EXECUTED this 071, day of €i! .,i 4 , ATTEST , Y . CITY OF OMAHA, A Municipal Corporation r By();(1^-4-11/4 (:)1.1.04,-- Ci -C erk Mayor APPROVED AS TO FORM: uty City Attorney r1/11° Revised: 4/18/07 inances, 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. - v1 .6. O' 0. ec o ' ? ..' ❑ >. d o v c a5i o v G v c: A t o � 9 .8 5@ o G o gi, x A o W d 9 d 3 az 0 u in AV. :C. .5 F .5 a > �. .9 vi N U a>i w' E W o W F 5 0 co o '3 F' a C C Gs-• a N o ►-i S L .DJ o. C o� 9 C Ica ,o,� tO 'O„ .9 a 0 " c Epp .5 Ca " 0) E 0 Y y o o 0.0 Y ti u Y < E N E. A h 'EE. "' .. y h A Xj, a 00 a a. d a x a o x o w m a .u. o u. 'C W a E. F a O O A F m > F U a F F m F a U a 3 F a. a U a. F ii �.` BE Doc 12/5/02 ished a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders,shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set Protected and/or Disadvantaged Business Checklist Items Listed Below must be submitted with Bid: 1. Exhibit A - completed Protected and/or Disadvantaged Business Disclosure Participation Form. All PBE/DBE Subcontractors submitted on Exhibit A must be certified with the City of Omaha Human Relations Department prior to the time of the bid opening. A current list is available on the City of Omaha's web site,www.ci.omaha.ne.us/Departments/Human Relations or can be requested through the Human Relations Department at 402-444- 5055. 2. Verification in writing from each PBE/DBE Subcontractor showing that the PBE/DBE Subcontractor has agreed to perform the work identified on. Exhibit A, Protected and/or Disadvantaged Business Disclosure Participation Form. Telephonic verifications will not be accepted. 3. If you have not met the PBE/DBE goal established for this project, evidence of good faith efforts must be submitted with your bid. (If you have questions regarding what constitutes good faith efforts please see the Protected and/or Disadvantaged Business Enterprise Participation contract specifications or contact the Human Relations Department.) 4. Exhibit B — completed Contractor Employment Data Form. • Should the bidder fail to comply with the above, its bid will be subject to rejection. • In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. 3/14/03 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 14th day of November , 2007 . TREKK Design Group, LLC Provider /" By AT ST Clifford K.Cate,III Water/Wastewater Manager (Title) EXECUTED this 071, day of €i! .,i 4 , ATTEST , Y . CITY OF OMAHA, A Municipal Corporation r By();(1^-4-11/4 (:)1.1.04,-- Ci -C erk Mayor APPROVED AS TO FORM: uty City Attorney r1/11° Revised: 4/18/07 inances, 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. - v1 .6. O' 0. ec o ' ? ..' ❑ >. d o v c a5i o v G v c: A t o � 9 .8 5@ o G o gi, x A o W d 9 d 3 az 0 u in AV. :C. .5 F .5 a > �. .9 vi N U a>i w' E W o W F 5 0 co o '3 F' a C C Gs-• a N o ►-i S L .DJ o. C o� 9 C Ica ,o,� tO 'O„ .9 a 0 " c Epp .5 Ca " 0) E 0 Y y o o 0.0 Y ti u Y < E N E. A h 'EE. "' .. y h A Xj, a 00 a a. d a x a o x o w m a .u. o u. 'C W a E. F a O O A F m > F U a F F m F a U a 3 F a. a U a. F ii �.` BE Doc 12/5/02 ished a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders,shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set Protected and Disadvantaged Business Enterprise Programs Who Qualifies as a Protected /Disadvantaged Business Enterprise? The term "Protected Business Enterprises" (PBE) is defined to be a business at least 51 percent of which is owned, controlled, and actively managed by protected class members (Black, Hispanic, Asian, or Pacific Islander, American Indian or Alaskan Native or Female). The term "Disadvantaged Business Enterprise" (DBE) is defined to be a small business that has been in existence for at least one year and has annual gross receipts of $150,000 or less. A DBE may include, but not limited to a business owned by a Protected class, but such business must meet two or other conditions set forth in the City of Omaha Contract Compliance Ordinance, Section 10-191, M (1) through (5). What are the benefits of becoming certified as a PBE/DBE? Certification as a PBE or DBE provides greater exposure for work opportunities on City of Omaha projects. The names of all certified PBE/DBE'S appear in the PBE/DBE directory, which is disseminated to local government agencies, contractors and to the public. City of Omaha contractors will use the PBE/DBE directory as a basic resource for soliciting Minority/Women/Small Business participation on City of Omaha Projects. The City of Omaha shall make every good-faith effort to award City contracts and City-assisted construction contracts to Disadvantaged Business Enterprises in amounts no less than 10% of the dollar volume of the applicable contracts awarded by the city. Other benefits include the authority, (but not a requirement), of the City Council to award a contract to a DBE that is not the lowest bidder. A contract or subcontract can be awarded to a DBE if determined by the City to be an acceptable cost higher than a competing lower bid except for specially assessed Projects. A DBE company may be awarded the contract over the lowest bidder as long as the cost differential does not exceed 3%. If your business is not certified with the City of Omaha and you are interested in becoming certified as a Protected and/or Disadvantaged Business Enterprise please contact the Human Relations Department at 402-444-5055. The PBE/DBE applications, Contract Compliance Report Form CC-1 and a current PBE/DBE City of Omaha certified directory are located on the City of Omaha website, www.ci.omaha.ne.us. Click on departments. Click on Human Relations. or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement, no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. - v1 .6. O' 0. ec o ' ? ..' ❑ >. d o v c a5i o v G v c: A t o � 9 .8 5@ o G o gi, x A o W d 9 d 3 az 0 u in AV. :C. .5 F .5 a > �. .9 vi N U a>i w' E W o W F 5 0 co o '3 F' a C C Gs-• a N o ►-i S L .DJ o. C o� 9 C Ica ,o,� tO 'O„ .9 a 0 " c Epp .5 Ca " 0) E 0 Y y o o 0.0 Y ti u Y < E N E. A h 'EE. "' .. y h A Xj, a 00 a a. d a x a o x o w m a .u. o u. 'C W a E. F a O O A F m > F U a F F m F a U a 3 F a. a U a. F ii �.` BE Doc 12/5/02 ished a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders,shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set UTILIZATION OF forth in the PBE/DBE specifications for PROTECTED AND/OR DISADVANTAGED participation by Protected and/or Disadvantaged BUSINESS ENTERPRISES Business Enterprises in the performance of any contract resulting from this solicitation or, as an alternative, that the contractor has made or will A. Protected and/or Disadvantaged Business Enterprise make good faith efforts toward meeting the (PBE/DBE) Participation Contract Specifications PBE/DBE goals, and will demonstrate to the Pursuant to City of Omaha Contract Compliance City of Omaha's satisfaction that the contractor Ordinance. has made such efforts. Bidders must submit with their bids, on the form set forth in the 1. It is the policy of the City of Omaha that PBE/DBE specifications, the names, respective Protected and/or Disadvantaged Business scope of work, and the dollar values of each Enterprises shall have the maximum practicable PBE/DBE subcontractor that the Bidder opportunity to participate in the City of Omaha proposes for participation in the contract work. projects. Consequently, the PBE/DBE In any case, Exhibits "A" and "B" must be requirements of Contract Compliance Ordinance submitted with the bid. If the information so apply to this solicitation. In this regard, the submitted indicates that the City of Omaha goals Contractor to whom any award of this solicitation will not be met, the Bidder shall submit good is made shall take all necessary and reasonable faith efforts documentation with their bid. The steps in accordance with this solicitation to evidence must show to the City of Omaha's ensure that Protected and/or Disadvantaged satisfaction that the bidder has in good faith Business Enterprises have the maximum made every reasonable effort, in the City of opportunity to participate in the Contract. The Omaha's judgment, to meet such goals. If any Contractor shall not discriminate on the basis of bidder fails to submit, with the bid, the required race, color, national origin, sex, religion, age or information concerning PBE/DBE participation, disability in the award or performance of any or if, having failed to meet the City of Omaha's contract or subcontract resulting from or relating goals or fails to demonstrate to the City of to this solicitation. Failure to carry out the pre- Omaha's satisfaction the bidder's good faith award requirements of these PBE/DBE efforts to do so, the City of Omaha may, in its specifications will be sufficient ground to reject discretion,reject the bid. the Bid. Failure of the Contractor to carry out the requirements of the PBE/DBE specifications 3. Protected and/or Disadvantaged Business shall constitute a material breach of the contract Enterprise Goals. Bidders are hereby informed and may result in termination of the contract. that pursuant to Sec. 10-200 and Executive The Contractor shall use its best efforts to carry Order No. F-11-02 the City of Omaha has a PBE out the PBE/DBE policy consistent with efficient Participation goal of no less than 13% and a performance on the project. DBE participation goal of no less than 10% of the dollar volume of all the contracts that it 2. Bidders are hereby informed that the City of awards. All bidders shall make every good faith Omaha has established goals for the participation effort to meet said goals. of Protected and/or Disadvantaged Business Enterprise in all contracts that it awards. 4. The City of Omaha shall set specific goals for Subcontracts awarded, by the Bidder that is all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set 5 Bidders are informed that price alone does not g. Concerning each PBE/DBE the Bidder constitute an acceptable basis for rejecting contacted but rejected as unqualified, the • PBE/DBE bids unless the Bidder can reasons for the Bidder's conclusion; demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to h. Efforts made to assist the PBE/DBEs meet the PBE/DBE goal or to show reasonable contacted that needed assistance in efforts to that end will, in the City of Omaha's obtaining bonding, lines of credit, or discretion, constitute sufficient ground for bid insurance required by the Bidder or the City rejection. Such reasonable efforts may include, of Omaha; but are not limited to, some or all of the following: i. Designation, in writing, of a liaison officer who administers the Bidder's Protected a. Attendance at the pre-bid conference, if any; and/or Disadvantaged Business Enterprise utilization program; b. Follow-up of initial solicitations of interest by contacting PBE/DBEs to determine with j. Expansion of search for PBE/DBEs to a certainty whether the PBE/DBEs are wider geographic area than the area in interested; which the Bidder generally seeks subcontractors if use of the customary c. Efforts made to select portions of the work solicitation area does not result in meeting (including where appropriate, breaking down the goals by the Bidder; and, contracts into economically feasible units) proposed to be performed by PBE/DBEs in k. Utilization of services of available protected order to increase the likelihood of achieving community organizations, protected the PBE/DBE goals; contractor's group, local, state, and federal minority business assistance offices, and d. Efforts to negotiate with PBE/DBEs for other organizations that provide assistance in specific sub-bids, including at a minimum: the recruitment and placement of PBE/DBEs. (1) The names, addresses, type of work to be 6. The Bidder must comply with the following: subcontracted, and telephone numbers of PBE/DBEs that were contacted; a. Prior to award of this Contract all Bidders (2) A description of the information shall submit Exhibit "A", Protected and/or provided to PBE/DBEs regarding the Disadvantaged Business Disclosure plans and specifications for portions of Participation Form. Exhibit "A" must be the work to be performed; and, submitted with the bid. Bidder must also (3) A detailed statement of the reasons why submit a copy of the written bid submitted additional prospective agreements with by the PBE/DBE subcontractor to the PBE/DBEs needed to meet the stated Bidder or other verification in writing from goals, were not reached. the PBE/DBE subcontractor that said subcontractor has agreed to perform the e. Advertisement in general circulation media, subcontracting work identified in the bid trade association publications, and protected- submitted by the Bidder. focus media for a reasonable period before bids are due; b. If Bidder fails to meet the goals set forth above, Good Faith Efforts Documentation f. Notification, in writing, to a reasonable must be submitted with bid. number of specific PBE/DBEs that their interest in contract work is solicited, in c. Also, prior to award of this contract all sufficient time to allow the PBE/DBEs to Bidders must submit Exhibit "B" Contractor participate effectively; employment data form with the bid. rded, by the Bidder that is all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set d. The Bidder and any of its subcontractors that the Bidder/Contractor's procedures and practices have been designated by the Bidder as PBE with respect to the Protected and/or • and/or DBE must have been approved as Disadvantaged Business Enterprise which the such by the Human Relations Department Human Relations Department may from time to prior to bid opening on the project. time conduct. e. After bid opening and during contract B. PBE/DBE Reporting and Record Keeping performance, Bidders and the Contractor, as Requirements. the case may be, are required to make every reasonable effort to replace a PBE/DBE 1. The Contractor shall submit periodic reports subcontractor that is determined to be unable of contracting with Protected and/or to perform successfully or is not performing Disadvantaged Business Enterprises in such satisfactorily, with another PBE and/or DBE, form and manner and at such time as prior to substituting such PBE/DBE, the prescribed by the City of Omaha (Exhibit C Contractor shall seek approval from the is currently required to be submitted within Human Relations Department. The City of 10 calendar days following the end of each Omaha's Human Relations Department calendar quarter, from the start of the Director or a designee, shall approve all prior project). substitutions in writing in order to ensure that the substituted firms are bona fide 2. The Contractor and subcontractors shall PBE/DBEs. permit access to their books, records, and accounts by the Human Relations Director f. In the event of the Contractor's non- or a designated representative for purpose of compliance with the Protected and/or investigation to ascertain compliance with Disadvantaged Business Enterprise these specified requirements. Such records requirements of this Contract, the City of shall be maintained by the Contractor in a Omaha shall impose such contract sanctions fashion that is readily accessible to the City as it may determine to be appropriate, of Omaha for a minimum of three years including, but not limited to: following completion of this Contract. (1) Rejection of the Bid 3. To ensure that all obligations under any (2) Withholding of payments to the contract awarded as a result of this bid Contractor until the Contractor complies; solicitation are met, the City of Omaha will and/or conduct specific reviews of the Contractor's (3) Cancellation, termination or suspension PBE/DBE involvement efforts during contract performance. The Contractor shall of the Contract, in whole or in part; or bring to the attention of the Human (4) Any other penalty set forth in the City of Relations Director any situation in which Omaha's Contract Compliance regularly scheduled progress payments are Ordinance. not made to PBE/DBE subcontractors. 7. For the information of Bidders, Contract In submitting its bid, the Bidder is certifying that it Compliance Ordinance outlines the City of has contacted City of Omaha Human Relations Omaha's rules, guidelines and criteria for (a) Department prior to bid opening regarding this making determinations as to the legitimacy of project and has afforded subcontractors participating PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set EXHIBIT "A" PROTECTED AND/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM THIS FORM MUST BE SUBMITTED WITH THE BID In the performance of this contract, the contractor proposes and agrees to make good faith efforts to contract with eligible City of Omaha certified PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain prior approval from the Human Relations Department Director or a designee,for substitution of the below listed subcontractor with a City of Omaha certified PBE and/or DBE. In submitting this form, the Bidder is certifying that it has contacted City of Omaha Human Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the program the opportunity to submit bids on this project. Type of work and Projected contract item or parts commencement Name of PBE and/or thereof to be and completion *Agreed price with DBE Address performed date of work PBE/DBEs Percentage(%) TREKK Design 4203 S. 87th St., Field Investigations 12/1/2007- $48,780.00 100 Group, LLC Omaha NE 68127 12/1/2008 $48,780.00 100 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 futu e Contr; t Awa ds. Signature Title: Water/Wastewater Manager Date of Signing 11/14/2007 Firm or Corporate Name TREKK Design Group,LLC Address 4203 S. 87th St.,Omaha NE 68127 _ Telephone Number (816)874-4659 ensuring that contracts are in the PBE/DBE program the opportunity to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA THIS FORM MUST BE SUBMITTED WITH THE BID BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORK FORCE DATA WITH EACH BID (Protected Class is defined as Black, Hispanic, Asian and Pacific Islander, American Indian or Alaskan Native, Female.) Total Employees Protected Class Males Protected Class Females American American Total Total Asian or Indian or Asian or Indian or Work Protected Pacific Alaskan Pacific Alaskan Date Force Class Black Hispanic Islander Native Black Hispanic Islander Native White 10/25/2007 25 6 1 1 1 3 `Refer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown on bid. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any Questions regarding the Contract Compliance Ordinance should be directed to the Human Relations Department at(402) 444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: TREKK Design Group,LLC 11/14/2007 (Date of Signing) Signature: Clifford K. Cate, III Water/Wastewater Manager eV114.41—t(Print Name) (Title) (Signature) 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 futu e Contr; t Awa ds. Signature Title: Water/Wastewater Manager Date of Signing 11/14/2007 Firm or Corporate Name TREKK Design Group,LLC Address 4203 S. 87th St.,Omaha NE 68127 _ Telephone Number (816)874-4659 ensuring that contracts are in the PBE/DBE program the opportunity to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set • EXHIBIT "C" QUARTERLY REPORT ON PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES (This form must be submitted within 10 calendar days of the end of each calendar quarter, from the start of the project.) Company Name: Project Number: Project Name: Total Contract Amount: Calendar Quarter Covered by this Report: 1st 3rd 2nd 4th Year 200_ I. Protected and/or Disadvantaged Contractors Instructions: List all Protected and/or Disadvantaged Subcontractors which have performed work since Notice to Proceed (NTP), are currently performing work, and are contemplated to perform work during the duration of the City of Omaha Contracts. Name and total dollars committed and paid. Name of Protected and/or Disadvantaged Dollars Paid During Dollars Paid Since Business Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any Questions regarding the Contract Compliance Ordinance should be directed to the Human Relations Department at(402) 444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: TREKK Design Group,LLC 11/14/2007 (Date of Signing) Signature: Clifford K. Cate, III Water/Wastewater Manager eV114.41—t(Print Name) (Title) (Signature) 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 futu e Contr; t Awa ds. Signature Title: Water/Wastewater Manager Date of Signing 11/14/2007 Firm or Corporate Name TREKK Design Group,LLC Address 4203 S. 87th St.,Omaha NE 68127 _ Telephone Number (816)874-4659 ensuring that contracts are in the PBE/DBE program the opportunity to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set .Contract Compliance Ordinance No.35344,Section 10-192 Equal Employment Opportunity Clause During the performance of this contract,the contractor agrees as follows: 1) The contractor shall not discriminate against any employee applicant for employment because of race, religion, color, sex, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-89. The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein,the word "treated" shall mean and include,without limitation, the following: Recruited, whether advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,religion,color, sex or national origin. 3) The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor shall furnish to the contract compliance officer all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, and including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer shall be those which are related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the contract compliance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices policies,programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set Exhibit D—Rockbrook Village, Sewer System Analysis and Study,Phase I& II (TREKK DESIGN GROUP,LLC.) Engineer Scope of Services TREKK will furnish the necessary labor, supervision, equipment and material to conduct a sewer system analysis of the Rockbrook Village area, 108`h&W.Center,as outlined in this document and as identified in Figure lin this exhibit. Phase I Work Scope The Phase I Study will include the following: Item I Project Administration and Meetings TREKK will meet with the CITY staff during an initial"kick-off'meeting. The initiation meeting will discuss the CITY's project goals and objectives,establish project limits,review manhole inspection format and manhole inspection report forms.All interested parties would be requested to attend this meeting. During The field work of the Project,TREKK will participate in monthly progress meetings. Prior to the monthly meetings,a"Project Update"memo will be distributed to interested and involved parties. The memo would include: • Progress to Report This Period(including updated invoicing,budget and payments) • Contract Issues • Progress Anticipated Next Period • Issues Resolved • Issues Unresolved TREKK will also be available to participate at public hearings and Council meetings to discuss the project and answer questions. Item 2 Flow Monitoring and Analysis TREKK will install four(4)electronic depth/velocity flow monitors and one(1)electronic rain gauge in locations identified in Figure ] for a period of 45-days. TREKK will evaluate flow and rainfall data for base flow,infiltration(groundwater induced)and inflow(rainfall induced). Relationships between rainfall intensity and peak system flows for each meter will be determined and will become the primary method of ranking sub-basins and targeting Phase II investigations. Item 3 Manhole Inspections(Approximately 36 manholes and creek crossings) Manhole inspections will be conducted using a two-person crew, to conduct the internal or external inspection. All manholes greater than 15 feet deep will be internally inspected by TREKK's technicians. Manholes less than 15 feet deep will be inspected from the top-side of the manhole using digital cameras, mirrors and high powered spotlights. Each structural component of the manhole will be inspected and assigned a condition rating of good,fair or poor. An initial rehabilitation recommendation will be provided by the technicians during the inspection. Photographic records will be used to supplement and substantiate manhole inspection observations and recommendations. All manhole inspections will be recorded on standardized field forms agreed upon during the project"kick-off'meeting and input into an ACCESS database compatible with ArcView GIS software. A list and general vicinity of manholes that could not be inspected due to not be able to locate or buried will be tabulated on a daily basis and given to the CITY's utility's department to be located and unburied. TREKK will then follow-up with an inspection of the manhole. The spatial coordinates and rim elevation of the each manhole using GPS equipment will be attempted. The continuously operating reference system established by Lamp Rynearson&Associates,Inc.(LRA), located at 147th Street and Dodge Street,will be used as the permanent reference station for this project. Traffic safety precautions as well as both technicians being uniformed for high visibility will be practiced for greater protection for themselves and the public. (i:J'rolxisnlc'Omaha 12ackArrookl71212KK Rockhrook Village Scope I11907.doe Page D-1 ected 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 above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set Item 4 Meet with Rockbrook Village Owner/Lateral Inspection TREKK and the CITY will meet with the Owner of Rockbrook Village,conduct a building inspection and evaluate the existing facilities. The inspection will consist of an interview with the property owner to obtain a history of basement backups and an internal and external inspection of the building sewer connections. TREKK will obtain a GPS elevation of the affected and lowest building and compare to the sanitary sewer main. In addition,TREKK will conduct an inspection of the service lateral that historically has surcharged. Item 5 Building Inspections/Basement Elevations TREK": will conduct an external building inspection of the residence along Brookside Ave. The inspection will consist of an interview with the property owner to obtain a history of basement backups and an external inspection of roof downspouts and cleanouts. In addition, TREKK will obtain a GPS elevation of each basement to compare to the elevation of the sanitary sewer main. Item 6 Final Report Upon the completion of the flow monitoring and field investigations,TREKK will prepare and submit a Technical Memorandum(TM)to the CITY. The TM will include a summary of field activities,findings,a profile plot of sewer vs basement elevations,and recommendations. TREKK will meet with the CITY to discuss the findings,priorities and future studies. A final TM will be submitted after review comments have been added. The final TM will be submitted in both three(3)hard copies and one(1)electronic format. TREKK will be available to conduct a formal presentation to the City upon submittal of the final TM. Item 7 Payment CITY shall pay TREKK to complete the scope of services described in Exhibit E on a task and hourly basis for work actually completed,not to exceed the amount of this contract. Phase II Work Scope The Phase II Study will be further defined based on the Phase I results.Phase II activities may include manhole inspections, smoke testing,building inspections,surveying,and additional field activities as necessary. c:r„,,.,ai.,lana alEacknrook,IREKh RRockn,„x,h:Village.kap_n1907dae Page D-2 om the top-side of the manhole using digital cameras, mirrors and high powered spotlights. Each structural component of the manhole will be inspected and assigned a condition rating of good,fair or poor. An initial rehabilitation recommendation will be provided by the technicians during the inspection. Photographic records will be used to supplement and substantiate manhole inspection observations and recommendations. All manhole inspections will be recorded on standardized field forms agreed upon during the project"kick-off'meeting and input into an ACCESS database compatible with ArcView GIS software. A list and general vicinity of manholes that could not be inspected due to not be able to locate or buried will be tabulated on a daily basis and given to the CITY's utility's department to be located and unburied. TREKK will then follow-up with an inspection of the manhole. The spatial coordinates and rim elevation of the each manhole using GPS equipment will be attempted. The continuously operating reference system established by Lamp Rynearson&Associates,Inc.(LRA), located at 147th Street and Dodge Street,will be used as the permanent reference station for this project. Traffic safety precautions as well as both technicians being uniformed for high visibility will be practiced for greater protection for themselves and the public. (i:J'rolxisnlc'Omaha 12ackArrookl71212KK Rockhrook Village Scope I11907.doe Page D-1 ected 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 above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set , 1 li .,,...-, _, 4./4' '4 it roma *I k. " Ow P Nima . .aormir-1 fag II ' ity, g\ N , , _ I1i14i$! c c a a w / cm, ( . r(‘' w'-------Iii iii Ill Is i U N E N 6 - t*Vh:) -7,1k1M1N IDU ibbirmagaM1 ami- iii c c i i , \., 1)-4) - 1) ''1,--• (11114114Wal - - 1 00 ttj ' \ raid * r ITO:'1 /I ,1111,, g014,0.,,ok-all © _ i ' 1 - , ,sue ��,sktst\ss3 ._ v�xJ ri...r A.V."41. .4.-".,;-"t .'aii av ml vett No i ci \`*\'' -it--tatiti -ir awsii. ' x 'A hi oil um '-- "71111111-11 -411 IMIIIIjill:"*" .===i tirthe 1 Itt 1raligi ' i°1111i''' • ' 111111i , _ 4* . , , . 7 ponaliii 1 -lot � � � Ir �11111 -- � �;L.- Eli . ( a .,//� .- -4-,,o• am ._ .. ..,__ ..,r ,-- inlwr 41" --'7-Thermillaiihi Irlisdrellailialloiltaliilliivittualkil :,-,-,, ._ Nyit ,:,,, I iimi,www4,_ 11111111111111 7 it 11/. .. IW11-ill I- -.4tker ,,,X .i.,,, --,-.---==.----,--,---;,,,t ma,mil 111111111111' ••1 L-,'eV ,I um *aver NI,sin'ii yL._ _..__ _2116 moromi,L . WIN a Rol '' -' '-- ---a--------- - goin imitarorimps- i 1 011,t 4,111RENEllallicon.soili ENT-cwo 4- 1 if rii • ., , „,, 6g E R ,. . .�.,) L.,6- ii__-„, __ iS Ul l 6 •l S a Ge te,W to �',889-f . a, „ ., . est n - _- fi I`- i < dwe�{M 08�- J a M Jewao Ise '11; :. ::= 014r1\' 9 5 IfilMT".seivil gyp', .1 10%14 ' '4*-- 111ffe t,i Vi. -.-s-iitiniunni..1.ssit l►/*j , PsAI,1.: ,----1Pm•—•,:ii•i': I\NO"lim 01111011111A Atilln 8 014-411111 ' 4"4"1111f" / ''''''/6 011 ----:(-11014114441. 11110 12 iota 1 .mq5- rerall'A, Wi-Ailldliiia ■ l a 11_ . .. z -� l ommendation will be provided by the technicians during the inspection. Photographic records will be used to supplement and substantiate manhole inspection observations and recommendations. All manhole inspections will be recorded on standardized field forms agreed upon during the project"kick-off'meeting and input into an ACCESS database compatible with ArcView GIS software. A list and general vicinity of manholes that could not be inspected due to not be able to locate or buried will be tabulated on a daily basis and given to the CITY's utility's department to be located and unburied. TREKK will then follow-up with an inspection of the manhole. The spatial coordinates and rim elevation of the each manhole using GPS equipment will be attempted. The continuously operating reference system established by Lamp Rynearson&Associates,Inc.(LRA), located at 147th Street and Dodge Street,will be used as the permanent reference station for this project. Traffic safety precautions as well as both technicians being uniformed for high visibility will be practiced for greater protection for themselves and the public. (i:J'rolxisnlc'Omaha 12ackArrookl71212KK Rockhrook Village Scope I11907.doe Page D-1 ected 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 above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set o 0 0 0 0'o 0 0 0 0 0 0 44,14 aT 7. o M M M t` r 7 00 01 7 O ,O 00 N M M M 00 00 0 O e` t N r N .--i .r .r N` 44 N co W O O 6f3 EA EA H3 fn f/3 En En EA NEn " f. 2 n U CO CC ` V 3 E W o w Eo 0 2 0 0 o © © 0 © 0 0 o © 0 c o 0 o ©o © © en v © e7 2 _CC M N v-, M 0 CO N 4 .F. 77 - i+ a er C J U O NU y N U U U U U U U 4: O c U U U U U U U RS t d .. .. .. ,. = a+ C. C c c E c c.. E c o W ' EEEEEEE '_ a a a a a O. a -0 o. n -0 y y W W [x] W W W W A ci ai ai V u a; ai - is Ti U co CO co co R CO co; CO •D © 0 0 0 0 0 0 0 0 0 0 o y C) Os ,O O M en M N N OC en aT y M en N N N N 00 00 M V1 [� ca 0 O r ry r..i r ... .y N •-•+ Vi O O - O N C Eff u C C u) a.D C C - cJ R i b0'O C 71 7 7 7 7 7 ^ 7 0 0 C N N N N N M 0 'O R N U 6. UO O O C. O O O O O O O G >' U °? o d t N . U co N 0 00 c t L p O O _ N 00 00 O O p .E a 0 0 o G� 9 '.' S — ' v La ° = Y ,� O O O N N N 00 00 O � O O a) w 3 Lri Y co o m F a '5 co T O 7 0 2 O O O O O O coN c ..oN En m - c L r Y Q g i .0N O _ N 0 0 0 0 0 , 0 E O L Y T -0x U (n 0 y v/O O O .n O Vl .4-, O W O T.) 1 V1 O o r N Vt N h 0 re 3oo N O O O O O `7 O 9 'E uo M e1 M Vl W W M V'1 M N > 00 � 7 7 M � ,..0O, 00 SO EO 7 0) g U y9 69 6H Er) EA En 6 EH 6A 9 b9 CO R g m u a > L F C C O u u a 2 s c a. ti co i a, a .J o 'L C..) t u .0 s C . au ., 'EC C Oo C . i t m O L C u > E Ca0. 0 C u oc 3 c7 w fi 444444 dO.r uO + n .9 m lzE cCCca R E 0� —v1 w 7 _ , h o .d `y p u a °' c 0 oz - ,] d d o a c s o sa 5 Ey = ` o [a- zw -, = E .2. c i " E bG d C d OF 4 1' xR a) `,o cm A U mot 0 o. 0a a a R Yu i. CC Ciu a F __ r ra. O cd n' . u . : CC 5cE u � uC C d d a ti CO ] Wtj _. — b0 'o O. L 8 u 8 1, 1 r i 0d u CCua • - " F [2 E- ., a " u a � s ce � � dCa = 000wwod o = Noa2 � 5 °y F. a: a. = 5 5 C) 5 5 gat . o a. a O a. a cn O w a.. u. . ® •O Y - 444 en vi 4.0 00 ar o Y as u CI �" d u u Ai Cc r a. Ce F ckArrookl71212KK Rockhrook Village Scope I11907.doe Page D-1 ected 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 above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set 1 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, professional engineering services are needed to conduct a sewer system analysis and recommend improvements for sewer system in Rockbrook Village located at 108th Street and West Center Road; and, _- WHEREAS, TREKK Design Group, LLC has agreed to perform the services listed in the attached agreement, which by this reference is made a part hereof, for a fee not exceed $48,780.00, which will be paid from the Sewer Revenue Improvement Fund 21124, Neighborhood Sewer Renovation Organization 116911; and, WHEREAS, the Public Works Department does not have sufficient staff to undertake this project at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Engineering Services Agreement with TREKK Design Group, LLC for professional engineering services to conduct a sewer system analysis and recommend improvements for sewer system in Rockbrook Village located at 108th Street and West Center Road, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay $48,780.00 for these professional engineering services from the Sewer Revenue Improvement Fund 21124, Neighborhood Sewer Renovation Organization 116911. P:\PW\16256pjm.doc APPROVED AS TO FORM: //-d - 7 CITY ATTORNEY DATE By /904‘1.°141:13144.- Councilmember Adopted "- ..1...8 .., 2007 !,l) iR. L City Cler�0/ Approved. 0 . 4 7.e-- Mayor N En m - c L r Y Q g i .0N O _ N 0 0 0 0 0 , 0 E O L Y T -0x U (n 0 y v/O O O .n O Vl .4-, O W O T.) 1 V1 O o r N Vt N h 0 re 3oo N O O O O O `7 O 9 'E uo M e1 M Vl W W M V'1 M N > 00 � 7 7 M � ,..0O, 00 SO EO 7 0) g U y9 69 6H Er) EA En 6 EH 6A 9 b9 CO R g m u a > L F C C O u u a 2 s c a. ti co i a, a .J o 'L C..) t u .0 s C . au ., 'EC C Oo C . i t m O L C u > E Ca0. 0 C u oc 3 c7 w fi 444444 dO.r uO + n .9 m lzE cCCca R E 0� —v1 w 7 _ , h o .d `y p u a °' c 0 oz - ,] d d o a c s o sa 5 Ey = ` o [a- zw -, = E .2. c i " E bG d C d OF 4 1' xR a) `,o cm A U mot 0 o. 0a a a R Yu i. CC Ciu a F __ r ra. O cd n' . u . : CC 5cE u � uC C d d a ti CO ] Wtj _. — b0 'o O. L 8 u 8 1, 1 r i 0d u CCua • - " F [2 E- ., a " u a � s ce � � dCa = 000wwod o = Noa2 � 5 °y F. a: a. = 5 5 C) 5 5 gat . o a. a O a. a cn O w a.. u. . ® •O Y - 444 en vi 4.0 00 ar o Y as u CI �" d u u Ai Cc r a. Ce F ckArrookl71212KK Rockhrook Village Scope I11907.doe Page D-1 ected 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 above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ` zQ ~ O ' „, 0 0 CD O UU r-r .O A� O 04. pzi O • cDet, ottP 6 •• CI cn O O 2. . '� O CD +—. O•• N. CID 0 cD On O0 hi Cro Z • N .C'. ~ O CDG>. CD O s . P "CS n 0 Q. Q A)CD ' CsO p, z CD 6- CD CD p.. � . C rCD el. GO Z 00.1 g 9 pocnV O^ ' O C C C ►� CD 5 {�9 -- CnD O R ) N CD n_ f IHiliiUi1 r 1, ti • • a x ,_ r V, ` - . City Clerk • Approvedt.. -• Mayor k ' .doe Mayor