RES 2005-0418 - Agmt with HWS Consulting Group Inc for residential street resurfacing and rehabilitation projects 0
*.,� RECEIVED Public Works Department
: /,/ 7 Omaha/Douglas Gvic Center
.
' 1819 Famam Street,Suite 601
); w, r,h_ P O5J APR �' t PM : 5�' Omaha,Nebraska 68183-0601
April 12 2005 (402)444-5220
1.- t.I I I Li- i,i 1 Fax(402)444-5248
Ca of OmahaHenry Vieregger,P.E.
City
Mike Fahey,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Agreement with HWS Consulting Group, Inc.
for material testing, inspection, and project management services for residential street
resurfacing and rehabilitation projects from March 17, 2005 to December 31, 2005.
The scope of work and costs are detailed in Exhibit "F" and Attachment "A" of the Agreement.
The maximum to be paid under this contract is $403,265.33. That will be paid from the
Residential Street Rehabilitation Organization 116161, City Street Maintenance, Fund 12129,
year 2005 expenditure.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respect lly su mitted, Referred to City Council for Consideration:
04/4
lf1-45
3-31-C Jr1 ieregger, t\ Mayor's Office Date
Public Works Director
Approved as to Funding: Approved:
CAA...AA. t.-tre\....., 3 itp)c)S , ; ,
Carol A. Ebdono����; Date Gail Kinsey Thom onpjak, Date
Finance Direct Human Relations Director
P:\PW2\12172pjm.doc
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 14th day of March, 2005, by and between the
City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as
the "City"), and HWS Consulting Group Inc. (hereinafter referred to as the "Provider"), on the terms,
conditions and provisions as set forth herein below.
PROJECT NAME AND DESCRIPTION
Asphalt Materials Testing,Inpsection, and Project Management
City of Omaha 2005-2006 Resurfacting Program(Residential Portion)
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"F"attached hereto.
B. Provider designates Jeff Sockel whose business address and phone number are 10844 Old
Mill Road, Suite 1, Omaha, NE 68154-2651, (402) 333-5792 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 the services detailed below from the execution date of the contract
through December 31, 2005. If mutually agreeable to all parties, the City shall have the
option of extending the agreements from December 31, 2005 to December 31, 2006. 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 Jim Beck whose business address and phone number are City of Omaha Public
Works Department, 1819 Famam Street, 7th Floor, Omaha,NE 68183, (402)444-5145 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
basis, but in no event shall exceed $403,265.33.
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
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 therefrom, but only to the extent caused in whole or in part by
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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.
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.
H. Assignment. The Provider may not assign its rights under this Agreement without the
express prior written consent of the City.
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 14`h day of March , 2005 .
IVAJ 6atu 1,Tho,v The.
• Prov. r u
/ By
ATTEL,T 1
(Title)
EXECUTED this/J 1 day of //G� ��Ss
CITY OF OMAHA,A Municipal Corporation
1/ByJ$4
ATTEST / Mayor's Office/Title
APPROVED AS TO FORM:
City Atto"rney
EXHIBIT "A"
SUBCONTRACTOR UTILIZATION CERTIFICATE
THIS FORM MAY BE SUBMITTED WITH THE BID OR WITHIN 48 HOURS AFTER BID OPENING
Project Number:N/A
Project Name: 2005-2006 Asphalt Resurfacing Matrerials Testing, Inspection, and Project Management
Total Bid Amount: $403,265.33
List all subcontractors performing work on this contract:
Total Amount
Name Work to be Performed of Subcontract
1. N/A
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Comp y am ulting Group Inc.
Signature /� / Title Senior Vice Pres.-Trans. Services.
Date of Signing VOY/Q5
June 2002
Project No.2005-2006 Asphalt Resurfacing Matrerials Testing,Inspection,and Project Management
EXHIBIT "B"
PROTECTED AND/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM
THIS FORM MUST BE SUBMITTED WITH THE BID OR WITHIN 48 HOURS AFTER BID OPENING
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 subcontractor be deemed"not certified"as a PBE and/or
DBE by the Human Relations Department or determined to be unable to perform successfully or is not performing
satisfactorily, the Contractor shall obtain prior approval from the Human Relations Department Director for substitution of
the below listed subcontractor with a City of Omaha certified PBE and/or DBE.
Type of work and Projected
contract item or parts commencement
Name of PBE and/or thereof to be and completion *Agreed price Percentage
DBE Address performed date of work with PBE/DBEs (%)
N/A
Totals
*Dollar value of each PBE/DBE agreement should be listed in the"Agreed Price"column;total of this column is to at
least 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 B 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 11 be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for
other default ndef' t Co ac under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the
Undersigns o tract r ill b ec the laws of any future Contract Awards.
SignatureC..
Title Senior Vice President-Trransportation Services Date of Signing .33Z 4/63-
Firm or Corporate Name HWS Consulting Group Inc.
Address 10844 Old Mill Road, Suite 1, Omaha,NE 68154-2651
Telephone(402)333-5792
June 2002
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Project No. 2005-2006 Asphalt Resurfacing Matrerials Testing, Inspection, and Project Management
EXHIBIT "C"
CONTRACTOR EMPLOYMENT DATA
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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 Emplo ees 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
3/16/05 114 3 2 1 17
*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: HW Consultin G Inc.
Signature:
(Date of Signing)
Michael N. Gorman Senior Vice Pres. -Trans. Services
(Print Name) (Title)
June 2002
Protected and Disadvantaged Business Enterprise Programs
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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 will be 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 feasible 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. DBE 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.
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PBE/DBE Doc. 6/25/02
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UTILIZATION OF
PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES
A. Protected and/or Disadvantaged Business Enterprise (PBE/DBE) Participation Contract Specifications
Pursuant to City of Omaha Contract Compliance Ordinance.
1. It is the policy of the City of Omaha that Protected and/or Disadvantaged Business Enterprises
shall have the maximum practicable opportunity to participate in the City of Omaha projects.
Consequently, the PBE/DBE requirements of Contract Compliance Ordinance apply to this
solicitation. In this regard, the Contractor to whom any award of this solicitation is made shall
take all necessary and reasonable steps in accordance with this solicitation to ensure that Protected
and/or Disadvantaged Business Enterprises have the maximum opportunity to participate in the
Contract. The Contractor shall not discriminate on the basis of race, color, national origin, sex,
religion, age or disability in the award or performance of any contract or subcontract resulting
from or relating to this solicitation. Failure to carry out the pre-award requirements of these
PBE/DBE specifications will be sufficient ground to reject the Bid. Failure of the Contractor to
carry out the requirements of the PBE/DBE specifications shall constitute a material breach of the
contract and may result in termination of the contract. The Contractor shall use its best efforts to
carry out the PBE/DBE policy consistent with efficient performance on the project.
2. Bidders are hereby informed that the City of Omaha has established overall goals for the
participation of Protected and/or Disadvantaged Business Enterprise in all contracts in excess of
$200,000 that it awards. Subcontracts awarded by the Bidder successful in this solicitation to
firms owned by Protected and/or Disadvantaged Business Enterprises of which such firms are
essential to the achievement of the City of Omaha's PBE/DBE goals. Therefore, to be considered
for award, Bidders must comply with the requirements of these PBE/DBE specifications. By
submitting his/her bid, each Bidder gives assurance that the contractor will meet the City of
Omaha's percentage goals set forth in the PBE/DBE specifications for participation by Protected
and/or Disadvantaged Business Enterprises in the performance of any contract resulting from this
solicitation or, as an alternative, that the contractor has made or will make good faith efforts
toward meeting the PBE/DBE goals, and will demonstrate to the City of Omaha's satisfaction that
the contractor has made such efforts. Bidders are encouraged to submit with their bids, on the
form set in the PBE/DBE specifications, the names, respective scope of work, and the dollar
values of each PBE/DBE subcontractor that the Bidder proposes for participation in the contract
work. In any case, Exhibits "A" and "B" must be submitted with the bid or within 48 hours after
bid opening, unless the City of Omaha for causes it finds sufficient, extends such time. if the
information so submitted indicates that the City of Omaha goals will not be met, the Bidder shall
also submit, within such time,evidence sufficient to show the City of Omaha's satisfaction that the
Bidder has in good faith made every reasonable effort, in the City of Omaha's judgment, to meet
such goals. If any bidder fails to submit, within the time stipulated or any extension the City of
Omaha may allow, the required information concerning PBE/DBE participation, or if, having
failed to meet the City of Omaha's goals or fails to demonstrate to the City of Omaha's satisfaction
the bidder's good faith efforts to do so,the City of Omaha may, in its discretion, reject his/her bid.
3. Protected and/or Disadvantaged Business Enterprise Goals. The City of Omaha has established
an overall PBE/DBE goal of 0.0% of the dollar amount of the bid (Bid Total)for this contract.
4. Bidders are informed that price alone does not constitute an acceptable basis for rejecting
PBE/DBE bids unless the Bidder can demonstrate that no reasonable price can be obtained from a
PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show reasonable efforts to that end
will, in the City of Omaha's discretion, constitute sufficient ground for bid rejection. Such
reasonable efforts may include, but are not limited to, some or all of the following:
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June 2002
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a. Attendance at the pre-bid conference, if any;
b. Follow-up of initial solicitations of interest by contacting PBE/DBEs to determine with
certainty whether the PBE/DBEs are interested;
c. Efforts made to select portions of the work (including where appropriate, breaking down
contracts into economically feasible units) proposed to be performed by PBE/DBEs in order
to increase the likelihood of achieving the PBE/DBE goals;
d. Efforts to negotiate with PBE/DBEs for specific sub-bids, including at a minimum:
(1) The names, addresses, type of work to be subcontracted, and telephone numbers of
PBE/DBEs that were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and
specifications for portions of the work to be performed; and,
(3) A detailed statement of the reasons why additional prospective agreements with
PBE/DBEs needed to meet the stated goals,were not reached.
e. Advertisement in general circulation media, trade association publications, and protected-
focus media for a reasonable period before bids are due;
f. Notification, in writing, to a reasonable number of specific PBE/DBEs that their interest in
contract work is solicited, in sufficient time to allow the PBE/DBEs to participate
effectively;
g. Concerning each PBE/DBE the Bidder contacted but rejected as unqualified,the reasons for
the Bidder's conclusion;
h. Efforts made to assist the PBE/DBEs contacted that needed assistance in obtaining bonding,
lines of credit, or insurance required by the Bidder or the City of Omaha;
i. Designation, in writing, of a liaison officer who administers the Bidder's Protected and/or
Disadvantaged Business Enterprise utilization program;
j. Expansion of search for PBE/DBEs to a wider geographic area than the area in which the
Bidder generally seeks subcontractors if use of the customary solicitation area does not
result in meeting the goals by the Bidder; and,
k. Utilization of services of available protected community organizations, protected
contractor's group, local, state, and federal minority business assistance offices, and other
organizations that provide assistance in the recruitment and placement of PBE/DBEs.
5. The Bidder may rely on written representation by subcontractors regarding their status as
Protected and/or Disadvantaged Business Enterprises in lieu of an independent investigation,
however:
a. Prior to the award of this contract, as requested by the City of Omaha, all bidders
shall submit Exhibit "B", Protected and/or Disadvantaged Business Disclosure
Participation Form. This form must be submitted with bid or within 48 hours after
bid opening. On the basis of this disclosure and any other relevant information, should the
City of Omaha determine any firm to not be a legitimate PBE/DBE, bidders shall be
permitted to substitute bona fide PBE/DBEs for the City of Omaha's consideration.
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June 2002
b. After bid opening and during contract performance, Bidders and the Contractor, as the case
may be, are required to make every reasonable effort to replace a PBE/DBE subcontractor
that is deemed "not certified" as a PBE and/or DBE by the Human Relations Department or
determined to be unable to perform successfully or is not performing satisfactorily, with
another PBE and/or DBE, prior to substituting such PBE/DBE, the Contractor shall seek
approval from the Human Relations Department. The City of Omaha's Human Relations
Department Director shall approve all prior substitutions in writing in order to ensure that
the substituted firms are bona fide PBE/DBEs.
c. In the event of the Contractor's non-compliance with the Protected and/or Disadvantaged
Business Enterprise requirements of this Contract, the City of Omaha shall impose such
contract sanctions as it or the City of Omaha may determine to be appropriate, including,
but not limited to:
(1) Withholding of payments to the Contractor until the Contractor complies; and/or
(2) Cancellation,termination or suspension of the Contract, in whole or in part; or
(3) Any other penalty set forth in the City of Omaha's Contract Compliance Ordinance.
6. For the information of Bidders, Contract Compliance Ordinance outlines the City of Omaha's
rules, guidelines and criteria for (a) making determinations as to the legitimacy of PBE/DBEs, (b)
ensuring that contracts are awarded to Bidders that meet PBE/DBE goals.
7. The Bidder/Contractor shall cooperate with the Human Relations Department or a designee in any
reviews of the Bidder/Contractor's procedures and practices with respect to the Protected and/or
Disadvantaged Business Enterprise which the Human Relations Department may from time to
time conduct.
B. PBE/DBE Reporting and Record Keeping Requirements.
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1. The Contractor shall submit periodic reports of contracting with Protected and/or Disadvantaged
Business Enterprises in such form and manner and at such time as prescribed by the City of
Omaha Exhibit "D" is currently required to be submitted within 10 calendar days following the
end of each calendar quarter, from the start of the project).
2. The Contractor and subcontractors shall permit access to their books, records, and accounts by the
Human.Relations Director or a designated representative for purpose of investigation to ascertain
compliance with these specified requirements. Such records shall be maintained by the
Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are
met, the City of Omaha will conduct specific reviews of the Contractor's PBE/DBE involvement
efforts during contract performance. The Contractor shall bring to the attention of the Human
Relations Director any situation in which regularly scheduled progress payments are not made to
PBE/DBE subcontractors.
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June 2002
C. The term "Protected Business Enterprise" or "PBE" wherever used in this Contract, 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), or in the case of publicly owned business, in which at least 51
percent of the stock is owned and controlled by protected class members; provided that said
protected class ownership or interests are real and continuing and are not created primarily for
the purpose of complying solely for the purpose of obtaining a contract or subcontract.
Municipal Code,City of Omaha,Nebraska, Sec. 10-191. et seq.
D. The term "Disadvantaged Business Enterprise" shall mean a business entity that:
1. During its most recent fiscal year has received less than the average gross income for local
businesses, as that amount is determined by the Finance Director as that amount has been
determined herein; and,
2. Has been deprived of the opportunity to develop and maintain a competitive position in
the industry because:
(a) The business lacks the adequate external support necessary to operate a competitive
business enterprise as evidenced by diminished ability to secure long-term working
capital,financing,equipment, raw material,etc.; or
(b) If the business is a supplier, it has not captured a proportionate share of the market
for its goods and services; or
(c) The business has been subjected to racial or ethnic or other prejudice or cultural
bias because of its identity as a member of a group without regard to its individual
qualities and the social disadvantage stems from circumstances beyond its control;
and
3. The business meets the following criteria:
(a) Has been in existence for at least one year; and
(b) Is not an affiliate or subsidiary of a business dominant in its field of operation; and
(c) Is not: a manufacturer's representative; a franchise; a business where the owner is
an owner or part owner of another similar business; or, a non-stocking retailer or
wholesaler; and
(d) Its annual gross receipts of its most recent fiscal year, as evidenced by its income tax
returns, have not exceeded $150,000.00, at the time it applies for certification. After
initial certification,section (4) below shall govern; and
(e) The net worth of individual owners may not exceed the sum of $150,000.00 after
excluding one individual's equity in the business seeking certification and the
individual's equity in his or her primary residence. As used in this subsection the
word "owner" includes the owner's spouse and parents and/or children living in the
household; and
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(f) Individual owners may not hold more than 20 percent ownership in any other
single business. As used in this subsection the word "owner" includes the
owner's spouse and parents and/or children living in the household.
4. When the business completes five years of participation in the program or its gross receipts
reaches the sum of$500,000.00 for a fiscal year or any one or more of the owners' net worth
reaches the sum of$250,000.00 (as calculated in the same manner as subsections (5) and (6)),
whichever shall occur first, said business shall be decertified and no longer participate in the
program.
5. Concurrent with the submission of the budget for the upcoming years, or by the end of the
current year, each department shall identify proposed projects, supplies or services that can
be contracted for the upcoming years for no more than $50,000.00. With respect to said
proposed contracts, to the extent permitted by law, requests for bids or proposals for said
contracts shall be accepted solely from DBE's for a period of 30 days. If after 30 days the
City has not accepted a bid or proposal from DBE, then the contract will be rebid without
the DBE restriction.
A disadvantaged business may include, but not be limited to a business owned by a protected class,
but such businesses must meet two or other conditions set forth in (1) through (5) above. (Code
1980, §10-191; Ord. No. 35344, §1, 9-26-00; Ord. No. 35538, §1,3-27-02; Ord. No. 35668, §1, 7-31-
01)
Prior to award of this Contract, as requested by the City of Omaha, all bidders/contractors shall
submit Exhibit "A", Subcontractor Utilization Certificate, listing all subcontractors to be utilized
or performing work on this contract, including name,work to be performed, and the total amount
of dollars of each subcontract. Exhibit "A" must be submitted within 48 hours after bid opening.
Further, prior to the award of this contract, as requested by the City of Omaha, all
bidders/contractors shall submit Exhibit "B",Protected and/or Disadvantaged Business Disclosure
Participation Form. Exhibit "B" must be submitted with bid or within 48 hours after bid opening.
Also, prior to award of this contract, as requested by the City of Omaha, all bidders/contractors
shall submit Exhibit "C" Contractor employment data form. Exhibit "C" must be submitted with
the bid or within 48 hours after bid opening.
6of6
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EXHIBIT "Dtt
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.)
Project Number: N.A
Project Name: 2005-2006 Asphalt Resurfacing Matrerials Testing, Inspection, and Project Management
Total Contract Amount: $403,265.33
Calendar Quarter
Covered by this Report:
1st 3rd
2nd 4th
Year 2002
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
EXHIBIT "E" •
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.
Exhibit "F"
CONSULTANT SCOPE OF SERVICES
ASPHALT MATERIALS TESTING, INSPECTION,AND PROJECT MANAGEMENT
CITY OF OMAHA 2005-2006 RESURFACING PROGRAM (RESIDENTIAL PORTION)
March 14, 2005
OVERVIEW
HWS proposes to provide the professional services related to the project management,
observation, and testing for the residential portion of the 2005-2006 City of Omaha Resurfacing
Program. It is HWS' understanding that the 2005 residential portion of the Program will include
seven (7) construction contracts. HWS agrees to provide the services detailed below from the
execution date of the contract through December 31, 2005. If mutually agreeable to all parties,
the City shall have the option of extending the agreement from December 31, 2005 to December
31, 2006. Each contract will consist of a grouping of streets or several individual streets located
in various areas throughout the City of Omaha. The City plans to let and award three (3)
contracts in late March with a mid-April start, three (3) contracts in June with an early-July start,
and one (1) contract in August with an early-September start.
The work contained in each of the first six (6) contracts will have an estimated construction cost
of approximately $500,000. The work performed by the Contractor will consist of milling the
surface of the existing pavement; removal and replacement of existing curb and gutter, ADA
ramps, driveway approaches, and sidewalks; repair or reconstruction of storm sewer inlets;
construction of an asphalt overlay and wedge course (as deemed necessary); and adjustment of
manholes and appurtenances to match final roadway elevations.
HWS anticipates the staffing requirements for this contract will consist of one (1) principal-in-
charge, one (1) project manager, between one (1) and five (5) construction observers, between
one (1) and three (3) materials testing technicians, and necessary administrative support
personnel. Attachments "A" and "B" indicate an estimated number of hours and testing services,
and the associated fees, necessary to perform the 2005 proposed work. Variation of the number
of hours or testing services due to number of contractors, contractor operations, field changes, or
unforeseen situations may occur. HWS will notify the City if the total fee may exceed the
estimated amount.
The professional services provided by HWS shall be described under five (5) major categories:
1. Project Management
2. Construction Observation
3. Public Interaction
4. Materials Testing and Plant Monitoring
5. Engineering Consultation
The following shall describe the scope of work related to each of these categories.
Asphalt Materials Testing,Inspection,and Project Management Page 1 of 4
City of Omaha 2005-2006 Resurfacing Program(Residential Portion)
•
. ,
Professional services related to project management, construction observation, public interaction,
and engineering consultation shall be compensated on an hourly rate basis determined by the
direct labor costs plus indirect labor costs and allowable profit. Professional services related to
materials testing and plant'monitoring shall be compensated as indicated below. HWS will
document compensation for construction observation per each construction contract. HWS will
document compensation for all other services and plant monitoring on a total program basis.
Services may be added or deleted upon request. Changes to the total contract amount will be
determined upon notification of the change.
Staffing requirements, estimated number of hours and testing services, and the associated fees,
necessary to perform the 2006 proposed work will be determined when program information for
2006 is available and shall be added to this contract as a supplemental agreement or handled
under separate contract as desired by the City.
PROJECT MANAGEMENT
HWS shall provide project management services to the City of Omaha in the following areas:
• Coordinate activities between the City of Omaha and each Contractor awarded a
construction contract under the 2005 Resurfacing Program;
• Review and submit Partial Pay Estimates to the City Project Manager for processing and
payment;
• Scheduling personnel and testing activities to comply with the requirements of the City of
Omaha Public Works Department;
• Attend on-site meetings as deemed necessary; and
• Assist the City with project scheduling and other administrative items upon request.
CONSTRUCTION OBSERVATION
HWS shall provide full time construction observation services to the City of Omaha for the
activities identified below. Full time construction observation shall consist of an employee of
HWS present when a contractor is progressing towards the completion of all phases of the
identified activities. An employee classified as a Project Manager or Construction Observer will
handle full time construction observation.
•
• Removal, repair, replacement, and/or construction of curb and gutter, sidewalk, handicap
ramps, and/or driveway approaches;
• Milling of the existing roadway surface;
• Repair or removal and replacement of any underlying portion of the pavement;
• Construction of an asphalt wedge or surface courses; and
• Adjustment of manholes and other appurtenances (full-time observation as deemed
necessary).
Asphalt Materials Testing,Inspection,and Project Management Page 2 of 4
City of Omaha 2005-2006 Resurfacing Program(Residential Portion)
I
HWS shall provide part time construction observation services to the City of Omaha for the
activities identified below. Part time construction observation shall consist of periodic visits,
minimum one per day when the Contractor is performing work, by an employee of HWS when a
contractor is progressing towards the completion of the identified activities. An employee
classified as a Project Manager or Construction Observer will handle part time construction
observation.
• Traffic control;
• Punch list items;
• Clean-up of areas; and
• Other non-major activities.
PUBLIC INTERACTION
HWS shall maintain a network for interaction with the general public to answer questions and
document concerns or special requests. HWS will provide the following mechanisms for
interaction with the public:
• A local telephone number to the Omaha metropolitan area with an answering service for
calls after business hours;
• Website with general project and contact information;
• E-mail address monitored during business hours; and
• On-site representation during major construction activities;
HWS will document interaction with the public and forward complaints, concerns, or special
requests (beyond the contractor's scope of work) received to the City Project Manager in a timely
fashion.
As requested by the City, HWS will deliver or verify the delivery of notice letters to the
businesses and residences within or immediately adjacent to project locations. As deemed
necessary, HWS will identify potential changes to public notification mechanisms.
MATERIALS TESTING AND PLANT MONITORING
HWS shall provide materials testing and plant monitorings services consistent with the current
version of the City of Omaha Materials and Testing Manual for Public Works Construction.
These services will include the following:
• Sampling and laboratory testing of the plant-produced hot-mix asphalt to determining the
volumetric properties and gradation at a maximum rate of two (2) samples per day,
maximum of one hundred (100) samples;
• Provide quality assurance monitoring of compaction of asphalt pavement during .
construction using a nuclear densitometer periodically during construction;
Asphalt Materials Testing,Inspection,and Project Management Page 3 of 4
City of Omaha 2005-2006 Resurfacing Program(Residential Portion)
• Sampling and testing of portland cement concrete used in construction of curb and gutter,
sidewalk, driveways, and pavement repair for air content, slump, temperature, and
compressive strength(4 cylinders maximum), estimate nine (9) sets total;
• Sampling and testing of subgrade for pavement, sidewalk, driveway, or curb and gutter as
deemed necessary by HWS' or the City's Project Manager;
• Sampling and determining density, thickness, and percent compaction using core samples
taken from the completed asphalt pavement at a maximum rate of one (1) core per paved
block, maximum one hundred (100) cores; and
• Periodic monitoring of asphalt production facilities supplying asphalt materials to the
projects by the Project Manager, Laboratory Manager or an Engineering Technician to
observe plant operations and material storage and processing.
Materials testing and plant monitoring services shall be compensated on the following basis:
• Laboratory and field testing of asphalt, concrete, and subgrade materials and
development of maturity curves using the 2005 unit rates for construction materials
testing submitted to the City on March 10, 2005; and
• Plant monitoring on an hourly rate basis determined by the direct labor costs plus indirect
labor costs and allowable profit.
•
Asphalt Materials Testing, Inspection, and Project Management Page 4 of 4
City of Omaha 2005-2006 Resurfacing Program(Residential Portion)
. e
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. ti
Attachment A
04/13/2004
2005 Resurfacing Program
Residential Rehabilitation
• City of Omaha
FEE SUMMARY SCHEDULE
Direct Salary Costs
Average
' 2005 Rate Estimated Estimated
Personnel Classification $/Hour Hours Cost
Principal-In-Charge $ 48.00 72 $ 3,456.00
Project Manager $ 31.00 1223 $ 37,913.00
Senior Construction Observer $ 22.00 1280 $ 28,160.00
Construction Observer $ 20.00 1460 $ 29,200.00
Laboratory Manager $ 30.00 87 $ 2,610.00
Lab Tech II $ 12.00 202 $ 2,424.00
Lab Tech I $ 11.00 0 $ -
Website Tech $ 16.00 80 $ 1,280.00
Clerical $ 15.00 352 $ 5,280.00
4756 $ 110,323.00
Adjustment for Salary Increases During Project @ 2.00% $ 2,206.46
Subtotal Direct Salary Costs $ 112,529.46
Overhead @ 176.80% $ 198,952.09
Subtotal Direct Salary Costs Plus Overhead $ 311,481.55
Subtotal Direct Salary Costs Plus Overhead $ 311,481.55
Profit @ 12.00% $ 37,377.79
Subtotal Direct Salary Costs+Overhead+ Profit $ 348,859.33
Direct Nonsalary Costs
•
•
Printing/Production Suppies/Expenses $ 2,475.00
Cellular Phone @$15/week/Employee $ 1,755.00
Vehicle $ 14,071.00
Asphalt Unit Rate Testing $ 33,500.00
Concrete Unit Rate Testing $ 855.00
Misc Unit Rate Testing $ 1,750.00
Subtotal Direct Nonsalary Costs $ 54,406.00
Total $ 403,265.33
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Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, material testing, inspection, and project management is required for
residential street resurfacing and rehabilitation projects in the City of Omaha; and,
WHEREAS, HWS Consulting Group, Inc. has agreed to perform these services
from March 17, 2005 to December 31, 2005 as listed in the attached Agreement, which by this
reference is included herein, for the scope of work and costs as defined. in Exhibit "F" and
Attachment"A" up to a maximum of$403,265.33; and,
WHEREAS, this amount will be paid from the Residential Street Rehabilitation
Organization 116161, City Street Maintenance, Fund 12129, year 2005 expenditure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Agreement with HWS Consulting Group, Inc. to provide material
testing, inspection, and project management services for residential street resurfacing and
rehabilitation projects within the City of Omaha from March 17, 2005 to December 31, 2005 be
accepted.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay $403,265.33 from the
Residential Street Rehabilitation Organization 116161, City Street Maintenance, Fund 12129,
year 2005 expenditure.
P:\PW2\12173pjm.doc APPROVED AS TO FORM:
CITY ATTORNEY DATE
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By iii
Councilmember
•
Adopted —.I...2 2005- 7-47
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City Clerk
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