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RES 2007-0060 - Agmt with Thiele Geotech Inc for material testing services 0 Q oM AHA,NI,B USA `„�,,s,� R E C tom.'. II!r-r) Public Works Department �, a `�` Omaha/Douglas Civic Center W71z 'f, Januar 9 2007 0DEC t`' "� 1819 Famam Street,Suite 601 oo®�'�,� �,:.:rye' y a"� `'' Omaha,Nebraska 68183-0601 -PA' (402)444-5220 �4TED FEBR‘� �'i ' l° { Fax(402)444-5248 City of Omaha t 0144% " ' t""'',• ° ;!, Robert G.Stubbe,P.E. ty Mike Fahey,Mayor Public Works Director Honorable President and Members of the City Council, Sewer Separation projects require independent testing for preliminary design and .also for construction verification. Attached is a Professional Services Agreement with. Thiele Geotech, Inc. to provide material testing, inspection, and project management services for sewer separation projects as required from January 1, 2007 to December 31, 2007 up to a maximum of$35,000. There is also a provision to extend the contract for one year, if both parties agree and if the City Council approves the extension. The scope of the services is included in more detail in Exhibit "F" of the Agreement. Thiele Geotech, Inc. was selected to perform this work in accord with the Architects and Engineers Review and Selection process and has filed the required Annual. Contract Compliance Report Form in the Human Rights and Relations Department. The cost for these services will be paid from the Sanitary Sewer Improvement, Organization 116912, Sewer Separation Fund 21124, year 2007 expenditure. The Public Works Department requests your consideration and approval of the attached . Resolution and Agreement. Res y submitted, Referred to City Council for Consideration: • /77t 06. ! -/2—© • . o rt G. Stubbe, P.E. -WI: bate Mayor's Office Date Public Works Director Approved as to Funding: Approved: 0^1l Date `Gail KinseyTh l son i L iga,x'. /D�e d,0 Carol A. Ebdon �1/� p Finance Director i' Human.Rights and Relations Director P:\PW1\16865maf.doc nt field and laboratory data and our conclusions and recommendations for bridge design (including bridge foundation recommendations), entrance design and pavement design in an engineering report. 7. We will provide up to 12 hours of engineer consultation with your engineers during design to assist them in applying our findings to specific design issues and to review the contract documents for conformance with our geotechnical recommendations. FEES Based on the above scope of work, we will charge a lump-sum fee of $21,120.00. The following breakdown summarizes the principle components of our lump sum fee: OMA6P110 02006 Kleinfelder KLEINFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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 he 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 of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any MATERIAL ENGINEERING&TESTING SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this Sty day of V-c-C4, Oc& , 2000, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the • "City"), and Thiele Geotech, Inc. (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION Construction material engineering and testing services on multiple sewer separation projects for calendar year 2007, with an optional extension for calendar year 2008. H. 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 "F" attached hereto. Such services shall be completed on an on-call basis as requested by the City field representative or project engineer. B. Provider designates Daniel J. Thiele whose business address and phone number are 13478 Chandler Road, Omaha, NE 68138, 556-2171 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 provide services from January 1, 2007, to December 31, 2007, when and as directed by the City. At the end of the initial term, Provider shall submit a revised rate schedule to the City for their review and approval. If both parties agree to these changes, the City shall have the option of extending this agreement for the period from January 1, 2008 to December 31, 2008. III. DUTIES OF CITY A. City designates Clark A. Squires whose business address and phone number are 5225 Dayton St. Omaha, NE 68117, 444-4938 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. IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed on an hourly or unit price basis, but in no event shall exceed $35,000 per year for both the initial contract period and the optional contract period. B. Reimbursable expenses shall be billed to the City by the Provider. NFELDER 9312 G Court, Omaha, NE 68127 (402) 331-2260 (402)331-2346 lax • nated Project representative if different from the party signing the Agreement). Retain a copy for your files and return an executed original to OA. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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 he 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 of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 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 All plans and specifications provided pursuant to the terms of this Agreement, including, but not limited to,reproducible mylars, shall be and become the property of the City. No additional compensation shall be due the Provider from the City for such plans. However, if the plans are re-utilized on projects other than those noted above, by the City, the City agrees to first contact the Provider to contract with the Provider for any required adaptations, contingent upon the negotiation of a fee for this service acceptable to both the City and the Provider. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required,Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. INDEMNIFICATION (1) To the fullest extent permitted by law, the Provider shall indemnify and hold harmless the City, its agents and employees, their successors and assigns, individually and collectively, from and against all claims, suits, damages, fines, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the provision of services under this Agreement, provide that such claim, suit, damage, fine, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, regardless of whether or not such claim, suit, damage, fine, loss or expense is caused in part by a party indemnified hereunder such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph. Page 2 of 3 The City of Omaha will provide traffic counts on this project. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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 he 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 of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any Any reuse of the plans or specifications by the City on another project, without the consent of the Provider, will be the sole responsibility of the City, for which this indemnity shall not apply. (2) In claims against any person or entity indemnified under this paragraph by an employee of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Provider under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings,maps, models,reports or photographs shall become, at the City's option,its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sec, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89,political or religious opinions, affiliations or national origin. B. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement,no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. Modification. This Agreement contains the entire Agreement of the parties. No representations were made or relied upon by either party other than those that are expressly sat forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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 he 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 of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 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 "A," "B," "C," "D" and "E" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibits "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 depaitiiients 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 5 day of eZ c►+c 3c2. -TO 6C-ciTc--co Provider 4 ,41' e pu By ATTEST �k 2C'Stoc-crrr (Title) 'EXECUTED this #72‘ day of .v. g.ift.e,0 y CITY OF OMAHA,A Municipal Corporation By >y '-'�i A EST Mayor`. -C APPROVED AS TO FORM: estant City Attorney onvenience and are not used in the construction of this Agreement. C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement,no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. Modification. This Agreement contains the entire Agreement of the parties. No representations were made or relied upon by either party other than those that are expressly sat forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. Olsson Associates will provide additional traffic analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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 he 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 of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any • 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 commencement Name of PBE parts thereof to be and completion *Agreed price with and/or DBE Address performed date of work PBE/DBEs Percentage (%) NONE TO LIST Totals I *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 ::: ::5e. hi Ad alllly,,the d ' ne /Contractor will be subject to the terms of any future Contract Awards. Title: Senior Vice-President Date of Signing: December 5, 2006 Firm or Corporate Name:Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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 he 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 of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 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 12/5/06 58 12 0 0 2 0 0 0 0 0 10 *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: Thiele Geotech, Inc. December 5, 2006 (Date of Signing) Signature: Michael F. Gerdes Senior Vice-President 0.144./VreleAh-- (Print Name) (Title) (Signature) 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 ::: ::5e. hi Ad alllly,,the d ' ne /Contractor will be subject to the terms of any future Contract Awards. Title: Senior Vice-President Date of Signing: December 5, 2006 Firm or Corporate Name:Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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 he 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 of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 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 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: Thiele Geotech, Inc. December 5, 2006 (Date of Signing) Signature: Michael F. Gerdes Senior Vice-President 0.144./VreleAh-- (Print Name) (Title) (Signature) 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 ::: ::5e. hi Ad alllly,,the d ' ne /Contractor will be subject to the terms of any future Contract Awards. Title: Senior Vice-President Date of Signing: December 5, 2006 Firm or Corporate Name:Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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 he 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 of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 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. 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 ::: ::5e. hi Ad alllly,,the d ' ne /Contractor will be subject to the terms of any future Contract Awards. Title: Senior Vice-President Date of Signing: December 5, 2006 Firm or Corporate Name:Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 analysis for this project if requested by the City as a supplement to this agreement. impacts to the existing UPRR signal system for the entire project. Initial meeting would be conducted after the UPRR Public Projects meeting. 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 he 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 of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any UTILIZATION OF Bidder gives assurance that the contractor will PROTECTED AND/OR DISADVANTAGED meet the City of Omaha's percentage goals set BUSINESS ENTERPRISES forth in the PBE/DBE specifications for participation by Protected and/or Disadvantaged 1 Business Enterprises in the performance of any A. Protected and/or Disadvantaged Business Enterprise contract resulting from this solicitation or, as an (PBE/DBE) Participation Contract Specifications alternative, that the contractor has made or will Pursuant to City of Omaha Contract Compliance make good faith efforts toward meeting the Ordinance. PBE/DBE goals, and will demonstrate to the City of Omaha's satisfaction that the contractor 1. It is the policy of the City of Omaha that has made such efforts. Bidders must submit 1 Protected and/or Disadvantaged Business with their bids, on the form set forth in the Enterprises shall have the maximum practicable PBE/DBE specifications, the names, respective opportunity to participate in the City of Omaha scope of work, and the dollar values of each projects. Consequently, the PBE/DBE PBE/DBE subcontractor that the Bidder requirements of Contract Compliance Ordinance proposes for participation in the contract work. apply to this solicitation. In this regard, the In any case, Exhibits "A" and "B" must be Contractor to whom any award of this solicitation submitted with the bid. If the information so is made shall take all necessary and reasonable submitted indicates that the City of Omaha goals steps in accordance with this solicitation to will not be met, the Bidder shall submit good ensure that Protected and/or Disadvantaged faith efforts documentation with their bid. The Business Enterprises have the maximum evidence must show to the City of Omaha's opportunity to participate in the Contract. The satisfaction that the bidder has in good faith Contractor shall not discriminate on the basis of made every reasonable effort, in the City of race, color, national origin, sex, religion, age or Omaha's judgment, to meet such goals. If any disability in the award or performance of any bidder fails to submit, with the bid, the required contract or subcontract resulting from or relating information concerning PBE/DBE participation, to this solicitation. Failure to carry out the pre- or if, having failed to meet the City of Omaha's award requirements of these PBE/DBE goals or fails to demonstrate to the City of specifications will be sufficient ground to reject Omaha's satisfaction the bidder's good faith the Bid. Failure of the Contractor to carry out the efforts to do so, the City of Omaha may, in its requirements of the PBE/DBE specifications discretion,reject the bid. shall constitute a material breach of the contract and may result in termination of the contract. 3. Protected and/or Disadvantaged Business The Contractor shall use its best efforts to carry Enterprise Goals. Bidders are hereby informed out the PBE/DBE policy consistent with efficient that pursuant to Sec. 10-200 and Executive performance on the project. Order No. F-11-02 the City of Omaha has a PBE Participation goal of no less than 13% and a 2. Bidders are hereby informed that the City of DBE participation goal of no less than 10% of Omaha has established goals for the participation the dollar volume of all the contracts that it of Protected and/or Disadvantaged Business awards. All bidders shall make every good faith Enterprise in all contracts that it awards. effort to meet said goals. Subcontracts awarded, by the Bidder that is successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). ha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any Bidders shall make every good faith effort to sufficient time to allow the PBE/DBEs to meet said goal. participate effectively; 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 submit a copy of the written bid submitted (3) A detailed statement of the reasons why by the PBE/DBE subcontractor to the additional prospective agreements with Bidder or other verification in writing from PBE/DBEs needed to meet the stated the PBE/DBE subcontractor that said goals,were not reached. subcontractor has agreed to perform the subcontracting_ work identified in the bid e. Advertisement in general circulation media, submitted by the Bidder. trade association publications, and protected- focus media for a reasonable period before b. If Bidder fails to meet the goals set forth bids are due; above, Good Faith Efforts Documentation must be submitted with bid. f. Notification, in writing, to a reasonable c. Also, prior to award of this contract all number of specific PBE/DBEs that their Bidders must submit Exhibit "B" Contractor interest in contract work is solicited, in employment data form with the bid. this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). ha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any with respect to the Protected and/or d. The Bidder and any of its subcontractors that Disadvantaged Business Enterprise which the have been designated by the Bidder as PBE Human Relations Department may from time to and/or DBE must have been approved as time conduct. such by the Human Relations Department prior to bid opening on the project. B. PBE/DBE Reporting and Record Keeping e. After bid opening and during contract Requirements. performance, Bidders and the Contractor, as . the case may be, are required to make every 1. The Contractor shall submit periodic reports reasonable effort to replace a PBE/DBE of contracting with Protected and/or subcontractor that is determined to be unable Disadvantaged Business Enterprises in such to perform successfully or is not performing form and manner and at such time as satisfactorily, with another PBE and/or DBE, prescribed by the City of Omaha (Exhibit C prior to substituting such PBE/DBE, the is currently required to be submitted within Contractor shall seek approval from the 10 calendar days following the end of each Human Relations Depar tment. The City of calendar quarter, from the start of the Omaha's Human Relations Depal talent project). Director or a designee, shall approve all prior 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 Contractor until the Contractor complies; contract awarded as a result of this bid solicitation are met, the City of Omaha will and/or conduct specific reviews of the Contractor's (3) Cancellation, termination or suspension PBE/DBE involvement efforts during of the Contract,in whole or in part; or contract performance. The Contractor shall (4) Any other penalty set forth in the City of bring to the attention of the Human Omaha's Contract Compliance Relations Director any situation in which Ordinance. regularly scheduled progress payments are not made to PBE/DBE subcontractors. 7. For the information of Bidders, Contract Compliance Ordinance outlines the City of In submitting its bid, the Bidder is certifying that it Omaha's rules, guidelines and criteria for (a) has contacted City of Omaha Human Relations making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit 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 the Bidder/Contractor's procedures and practices h the bid. this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). ha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any Contract Compliance Ordinance No.35344, Sectior' 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 taged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). ha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any THIELE GEOTECH, INC 13478 Chandler Road Omaha,Nebraska 68138-3716 TG 402/556-2171 Fax 402/556-7831 www.thielegeotech.com Exhibit F Material Engineering and Testing Services Sewer Separation Projects Omaha, Nebraska December 5, 2006 SCOPE OF SERVICES Material engineering and testing services will be provided on multiple sewer separation projects within the City of Omaha for a 1 year term. Professional services on these projects may consist of the following services: 1. Compaction tests on structural fill and backfill 2. Compaction tests on pavement subgrades 3. Test concrete materials and make cylinders 4. Appurtenant laboratory tests on soil,concrete, and aggregates 5. Engineering consultation,reports, and project management Test procedures and requirements will be as set forth in the project plans and the City of Omaha Standard Specifications for Public Works Construction. The frequency and locations of tests will be in accordance with the contract documents or as directed by the Engineer or field representative. Testing will be conducted on an "on-call" basis. Where possible, testing should be scheduled 4 hours in advance. However,we will strive to accommodate shorter notice when construction sequences dictate. ESTIMATED COST Testing services will be billed at the rates listed on the attached Unit Rate Schedule. Any tests not listed will be billed at our normal fee schedule rates in effect at the time of the test. The total cost for testing services under this agreement will not exceed $35,000. Separate monthly invoices will be provided for each project, and will be submitted to the City project manager for review and processing. ATTACHMENTS Unit Rate Schedule • Geotechnical, Material, and Environmental Engineering s 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 taged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). ha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any Material Engineering and Testing Services December 5,2006 Exhibit F,Page 2 of 2 UNIT RATE SCHEDULE • Code Description Rate PROFESSIONAL/TECHNICAL P-2 Staff Engineer(/hr.) 67.00 P-3 Project Engineer(/hr.) 82.00 P-5 Senior Engineer(/hr.) 125.00 P-42 Technician (/hr.) 42.00 P-43 Level II Technician (/hr.) 48.00 P-44 Level Ill Technician (/hr.) 55.00 P-45 Senior Engineering Technician (/hr.) 74.00 TRIP CHARGE T-1 Trip Charge-Zone 1 (/trip) 45.00 FIELD F-1 Compaction Test(ea.) 28.00 F-2 Field Moisture Content(ea.) 18.00 F-3 Concrete Test Set(slump/air/temp/cast up to 3 cyl) (/set) 65.00 F-4 Cast Additional Cylinder(ea.) 8.00 F-8 Additional Slump Test(ea.) 14.00 F-9 Additional Air Content Test(ea.) 20.00 F-20 Pavement Core (includes patch) (ea.) 56.00 F-22 Asphalt Specimen Coring (ea.) 56.00 LABORATORY - SOIL S-5 Atterberg Limits (/set) 65.00 S-10 Standard Proctor(ea.) 135.00 S-11 Modified Proctor(ea.) 150.00 LABORATORY - CONCRETE C-1 Compressive Strength of Cylinder(ea.) 14.00 C-7 Hold (strip &cure) (ea.) 10.00 C-24 Measured Length of Core (ea.) 8.00 A-20 Core Compaction and Measured Length (ea.) 25.00 A-34 HMA Gyratory(%AC, Gradation, MLD, MTD)/(set) 350.00 MOBILIZATION M-1 Mobilization (Zone 1) 95.00 DRILLING D-1 Drilling for Compaction Test(/ft.) 6.50 D-11 Drill Crew-Standby Time (/hr.) 110.00 REIMBURSABLE EXPENSES E-1 Reimbursable Expenses Cost+ 15% Note: Trip charges and unit rates for field testing services apply to on-call testing. These unit rates are not additive to the hourly technician charges that apply to full-time observation/testing services. Hourly charges for technicians apply to site waiting time due to delays beyond our control,or when full-time testing/observation is provided. Laboratory testing will be charged at the indicated unit rates. T HIEL E GEO T E C H , INC hich 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 taged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). ha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, sewer separation projects require independent testing services; and, WHEREAS, attached is a Professional Agreement with Thiele Geotech, Inc. for material testing for sewer separation projects, which by this reference becomes a part herein, at an estimated total of$35,000 for the year 2007; and, WHEREAS, that amount will be paid from the Sanitary Sewer Improvement, Organization 116912, Sewer Separation Fund 21124, year 2007 expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Agreement with Thiele Geotech, Inc. to provide material testing services from January 1, 2007 to December 31, 2007, be adopted. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay up to $35,000 from the Sanitary Sewer Improvement, Organization 116912, Sewer Separation Fund 21124, year 2007 expenditure. APPROVED AS TO FORM: ,4 F--- --&'‘ CITY ATTORNEY DATE P:\PW 1\16864maf.doc Ao„,0,0c/z„),44. By Councilmember Adopted' JAN - 9 2001 6- a >/- •0"zi.1 "iftii-- 1 City Clerk Approved ""'` G(/ Mayor er(ea.) 14.00 C-7 Hold (strip &cure) (ea.) 10.00 C-24 Measured Length of Core (ea.) 8.00 A-20 Core Compaction and Measured Length (ea.) 25.00 A-34 HMA Gyratory(%AC, Gradation, MLD, MTD)/(set) 350.00 MOBILIZATION M-1 Mobilization (Zone 1) 95.00 DRILLING D-1 Drilling for Compaction Test(/ft.) 6.50 D-11 Drill Crew-Standby Time (/hr.) 110.00 REIMBURSABLE EXPENSES E-1 Reimbursable Expenses Cost+ 15% Note: Trip charges and unit rates for field testing services apply to on-call testing. These unit rates are not additive to the hourly technician charges that apply to full-time observation/testing services. Hourly charges for technicians apply to site waiting time due to delays beyond our control,or when full-time testing/observation is provided. Laboratory testing will be charged at the indicated unit rates. T HIEL E GEO T E C H , INC hich 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 taged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). ha's percentage goals set of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any ro N � � P P �� o '73 a CD �� >4 N N a.,`-C CCDD VQ Uj a. AD 8 8Q- N N v� O� CD m - CD ' OO CD ,..,,,-I S 0 o P O "0 CD d O y 11 CD Cn CD n O• N O O a • CD CO OPLi CD W n a., \ 0n ,�. V'' r (Jt CD v, �'') CS'CD p CD w O SW q N P , N ,P.. CD O •X CAD c CD Cr. r= • • • i• r -. 1 Center Road t. City of Omaha By: Printed Name: Title: Date: Calc-000.xls NT\Exhibit I-ASIP Calc-000.xls