RES 2004-0318 - Agmt with Ehrhart Griffin & Associates for relocation f sanitary interceptor sewer, OPW 50380 1.
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Omaha,Nebraska 68183-0601
4. FEBRV*+ CI t ,, (402)444-5220
A 14 ,B t�IIS Telefax(402)444-5248
•
City of Omaha Norm Jackman,P.E. 1
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement with Ehrhart
Griffin & Associates to provide engineering design for relocation of a sanitary interceptor sewer
in the vicinity of 164th and Blondo Streets at West Papillion Creek. This project is known as
OPW 50380.
Details of what will be done are included in Exhibit "D" of the Scope of Work attached to the
Agreement.
Ehrhart Griffin & Associates has agreed to perform the engineering services for a fee of
$29,271.00. This amount will be paid from the year 2004 Sanitary Sewer Improvement
Organization 116911, Fund 21124.
Ehrhart Griffin & Associates was selected to perform the required engineering services in accord
with the Architect's and Engineer's Review and Selection Committee. Ehrhart Griffin &
Associates has filed the required Annual Contract Compliance Report Form, CC-1, in the Human
Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
cWz_,c (_________ - I —O
Norm Jackman,P.E. Date Mayor's Office Date
Acting Public Works Director
Approved as to Funding: Approved:
// Oriit.in"--J .31 r fog ste :M.r► 1410' { o Date
Stanley P. Tlm� /f/f/j Date Gail Kinsey Th mpson
Finance Direct•r'1 Human Relations Director •
P:\PW2\14092maf.doc
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 18th day of February, 2004, by and between
the City of Omaha, a municipal corporation located in Douglas County,Nebraska (hereinafter referred to
as the "City"), and Ehrhart Griffin & Associates (hereinafter referred to as the "Provider"), on the terms,
conditions and provisions as set forth herein below.
I. PROJECT NAME AND DESCRIPTION
OPW 50380--164`h&Blondo St. at West Papillion Creek,
Sanitary Interceptor Sewer Relocation
II. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, as set out and more fully described in the
Proposal attached hereto, for the City, relative to the above-referenced project which is
illustrated in Exhibit "D" attached hereto. Such services shall be completed within a forty
five (45) day period after receipt of a purchase order from the City.
B. Provider designates Daniel J. Dolezal whose business address and phone number are 3915
Cuming Street, Omaha, Nebraska 68131, 561-2314 as its project manager and contact person
for this project.
C. Provider agrees to maintain records and accounts, including personnel, financial and property
records, sufficient to identify and account for all costs pertaining to the project and certain
other records as may be required by the City to assure a proper accounting for all project
funds. These records shall be made available to the City for audit purposes and shall be
retained for a period of five(5)years after the expiration of this Agreement.
D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all
compensated providers, employees, and subcontractors.
E. Provider agrees to complete, within forty five (45) calendar days of receipt of a purchase
order from the City, the necessary services. The City recognizes that completion within this
deadline is contingent upon timely response from utilities and City input.
III. DUTIES OF CITY
A. City designates Susan Marino whose business address and phone number are 6880 Q Street,
Omaha, NE 68117, Telephone: (402) 444-3393 and Fax: (402) 444-7740 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 land surveying and geotechnical investigation will be paid through a separate
P.O. The cost of design services as specified in the Scope of Service, shall be performed on
an hourly basis, but in no event shall exceed Twenty Nine Thousand Two Hundred Seventy
One and no/100($29,271.00).
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.
V III. 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
• 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.
I. Strict Compliance. All provisions of this Agreement and each and every document that shall
be attached shall be strictly complied with as written, and no substitution or change shall be
made except upon written direction from authorized representative.
J. Equal Employment Opportunity Clause. Annexed hereto as Exhibits "A", "B", "C", "D"and
"E" and made a part hereof by reference are the equal employment provisions of this
contract. All reference in Exhibit "A", "B", "C", "D" and "E" to "Contractor" shall mean
"Provider". Refusal by the Provider to comply with any portion of this program as therein
stated and described will subject the offending party to any or all of the following penalties:
(1) Withholding of all future payments under the involved contracts to the Provider in
violation until it is determined that the Provider is in compliance with the provisions of
the contract;
(2) Refusal of all future bids for any contracts with the City or any of its depai tnients 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.
44 ECUTED this 18th day of February , 2004 .
GENERAL NOTARY-State of Nebraska
CYNTHIA L.VACA EHRHART GRIFF ASSO T S
; My Comm.Exp.Ju,. -. 4� Provider
i/ ) ' 7. t 1A J r,r�- By: Daniel J.Dole 1,P .
ATS.' _ _
Associate
J (Title)
EXECUTED this /i" day of /!;�,"/' , odd 1 .
CITY OF OMAHA, A Municipal Corporation
1 I B
ATTEST, -4 s /- B), Mayors Office/Title
APPROVED AS TO-FORM:
, /7_,:‘,-)
.'r7t City Attorney
• Protected and/or Disadvantaged Business Checklist
Items Listed Below must be submitted with Bid:
1. Exhibit A - completed Protected and/or Disadvantaged Business Disclosure
Participation Form.
All PBE/DBE Subcontractors submitted on Exhibit A must be certified with the City of
Omaha Human Relations Department prior to the time of the bid opening. A current list
is available on the City of Omaha's web site,www.ci.omaha.ne.us/Departments/Human
Relations or can be requested through the Human Relations Department at 402-444-
5055.
2. n Verification in writing from each PBE/DBE Subcontractor showing that the
PBE/DBE Subcontractor has agreed to perform the work identified on Exhibit A,
Protected and/or Disadvantaged Business Disclosure Participation Form.
Telephonic verifications will not be accepted.
3. If you have not met the PBE/DBE goal established for this project, evidence of good
faith efforts must be submitted with your bid. (If you have questions regarding what
constitutes good faith efforts please see the Protected and/or Disadvantaged Business
Enterprise Participation contract specifications or contact the Human Relations
Department.)
4. Exhibit B — completed Contractor Employment Data Form.
• Should the bidder fail to comply with the above, its bid will be subject to
rejection.
• In Addition please review all the specifications and bid enclosures to be certain of a
complete and compliant bid.
3/14/03
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.
UTILIZATION OF forth in the PBE/DBE specifications for
PROTECTED AND/OR DISADVANTAGED participation by Protected and/or Disadvantaged
BUSINESS ENTERPRISES Business Enterprises in the performance of any
contract resulting from this solicitation or, as an
alternative, that the contractor has made or will
A. Protected and/or Disadvantaged Business Enterprise make good faith efforts toward meeting the
(PBE/DBE) Participation Contract Specifications PBE/DBE goals, and will demonstrate to the
Pursuant to City of Omaha Contract Compliance City of Omaha's satisfaction that the contractor
Ordinance. has made such efforts. Bidders must submit
with their bids, on the form set forth in the
1. It is the policy of the City of Omaha that PBE/DBE specifications, the names, respective
Protected and/or Disadvantaged Business scope of work, and the dollar values of each
Enterprises shall have the maximum practicable PBE/DBE subcontractor that the Bidder
opportunity to participate in the City of Omaha proposes for participation in the contract work.
projects. Consequently, the PBE/DBE In any case, Exhibits "A" and "B" must be
requirements of Contract Compliance Ordinance submitted with the bid. If the information so
apply to this solicitation. In this regard, the submitted indicates that the City of Omaha goals
Contractor to whom any award of this solicitation will not be met, the Bidder shall submit good
is made shall take all necessary and reasonable faith efforts documentation with their bid. The
steps in accordance with this solicitation to evidence must show to the City of Omaha's
ensure that Protected and/or Disadvantaged satisfaction that the bidder has in good faith
Business Enterprises have the maximum made every reasonable effort, in the City of
opportunity to participate in the Contract. The Omaha's judgment, to meet such goals. If any
Contractor shall not discriminate on the basis of bidder fails to submit, with the bid, the required
race, color, national origin, sex, religion, age or information concerning PBE/DBE participation,
disability in the award or performance of any or if, having failed to meet the City of Omaha's
contract or subcontract resulting from or relating goals or fails to demonstrate to the City of
to this solicitation. Failure to carry out the pre- Omaha's satisfaction the bidder's good faith
award requirements of these PBE/DBE efforts to do so, the City of Omaha may, in its
specifications will be sufficient ground to reject discretion,reject the bid.
the Bid. Failure of the Contractor to carry out the
requirements of the PBE/DBE specifications 3. Protected and/or Disadvantaged Business
shall constitute a material breach of the contract Enterprise Goals. Bidders are hereby informed
and may result in termination of the contract. that pursuant to Sec. 10-200 and Executive
The Contractor shall use its best efforts to carry Order No. F-11-02 the City of Omaha has a PBE
out the PBE/DBE policy consistent with efficient Participation goal of no less than 13% and a
performance on the project. DBE participation goal of no less than 10% of
the dollar volume of all the contracts that it
2. Bidders are hereby informed that the City of awards. All bidders shall make every good faith
Omaha has established goals for the participation effort to meet said goals.
of Protected and/or Disadvantaged Business
Enterprise in all contracts that it awards. 4. The City of Omaha shall set specific goals for
Subcontracts awarded, by the Bidder that is all contracts over $200,000 to assist it in
successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth
Protected and/or Disadvantaged Business above. The City of Omaha has established a
Enterprises is essential to the achievement of the PBE/DBE goal of 0% of the dollar amount of
City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said
be considered for award, Bidders must comply contract is anticipated to be over $200,000).
with the requirements of these PBE/DBE Bidders shall make every good faith effort to
specifications. By submitting his/her bid, each meet said goal.
Bidder gives assurance that the contractor will
meet the City of Omaha's percentage goals set
5. Bidders are informed that price alone does not g. Concerning each PBE/DBE the Bidder
constitute an acceptable basis for rejecting contacted but rejected as unqualified, the
PBE/DBE bids unless the Bidder can reasons for the Bidder's conclusion;
demonstrate that no reasonable price can be
obtained from a PBE/DBE. A Bidder's failure to h. Efforts made to assist the PBE/DBEs
meet the PBE/DBE goal or to show reasonable contacted that needed assistance in
efforts to that end will, in the City of Omaha's obtaining bonding, lines of credit, or
discretion, constitute sufficient ground for bid insurance required by the Bidder or the City
rejection. Such reasonable efforts may include, of Omaha;
but are not limited to, some or all of the
following: i. Designation, in writing, of a liaison officer
who administers the Bidder's Protected
a. Attendance at the pre-bid conference, if any; and/or Disadvantaged Business Enterprise
utilization program;
b. Follow-up of initial solicitations of interest
by contacting PBE/DBEs to determine with j. Expansion of search for PBE/DBEs to a
certainty whether the PBE/DBEs are wider geographic area than the area in
interested; which the Bidder generally seeks
subcontractors if use of the customary
c. Efforts made to select portions of the work solicitation area does not result in meeting
(including where appropriate, breaking down the goals by the Bidder; and,
contracts into economically feasible units)
proposed to be performed by PBE/DBEs in k. Utilization of services of available protected
order to increase the likelihood of achieving community organizations, protected
the PBE/DBE goals; contractor's group, local, state, and federal
minority business assistance offices, and
d. Efforts to negotiate with PBE/DBEs for other organizations that provide assistance in
specific sub-bids, including at a minimum: the recruitment and placement of PBE/DBEs.
(1) The names, addresses, type of work to be 6. The Bidder must comply with the following:
subcontracted, and telephone numbers of
PBE/DBEs that were contacted; a. Prior to award of this Contract all Bidders
(2) A description of the information shall submit Exhibit "A", Protected and/or
provided to PBE/DBEs regarding the Disadvantaged Business Disclosure
plans and specifications for portions of Participation Form. Exhibit "A" must be
the work to be performed; and, submitted with the bid. Bidder must also
(3) A detailed statement of the reasons why submit a copy of the written bid submitted
additional prospective agreements with by the PBE/DBE subcontractor to the
PBE/DBEs needed to meet the stated Bidder or other verification in writing from
goals, were not reached. the PBE/DBE subcontractor that said
subcontractor has agreed to perform the
e. Advertisement in general circulation media, subcontracting work identified in the bid
trade association publications, and protected- submitted by the Bidder.
focus media for a reasonable period before
bids are due; b. If Bidder fails to meet the goals set forth
above, Good Faith Efforts Documentation
f. Notification, in writing, to a reasonable must be submitted with bid.
number of specific PBE/DBEs that their
interest in contract work is solicited, in c. Also, prior to award of this contract all
sufficient time to allow the PBE/DBEs to Bidders must submit Exhibit "B" Contractor
participate effectively; employment data form with the bid.
d. The Bidder and any of its subcontractors that the Bidder/Contractor's procedures and practices
have been designated by the Bidder as PBE with respect to the Protected and/or
and/or DBE must have been approved as Disadvantaged Business Enterprise which the
such by the Human Relations Depai tment Human Relations Department may from time to
prior to bid opening on theproject. time conduct.
e. After bid opening and during contract B. PBE/DBE Reporting and Record Keeping
performance, Bidders and the Contractor, as Requirements.
the case may be, are required to make every
reasonable effort to replace a PBE/DBE 1. The Contractor shall submit periodic reports
subcontractor that is determined to be unable of contracting with Protected and/or
to perform successfully or is not performing Disadvantaged Business Enterprises in such
satisfactorily, with another PBE and/or DBE, form and manner and at such time as
prior to substituting such PBE/DBE, the prescribed by the City of Omaha (Exhibit C
Contractor shall seek approval from the is currently required to be submitted within
Human Relations Department. The City of 10 calendar days following the end of each
Omaha's Human Relations Department calendar quarter, from the start of the
Director or a designee, shall approve all prior project).
substitutions in writing in order to ensure that
the substituted firms are bona fide 2. The Contractor and subcontractors shall
PBE/DBEs. permit access to their books, records, and
accounts by the Human Relations Director
f. In the event of the Contractor's non- or a designated representative for purpose of
compliance with the Protected and/or investigation to ascertain compliance with
Disadvantaged Business Enterprise these specified requirements. Such records
requirements of this Contract, the City of shall be maintained by the Contractor in a
Omaha shall impose such contract sanctions fashion that is readily accessible to the City
as it may determine to be appropriate, of Omaha for a minimum of three years
including,but not limited to: following completion of this Contract.
(1) Rejection of the Bid 3. To ensure that all obligations under any
(2) Withholding of payments to the contract awarded as a result of this bid
Contractor until the Contractor complies; solicitation are met, the City of Omaha will
and/or conduct specific reviews of the Contractor's
(3) Cancellation, termination or suspension PBE/DBE involvement efforts during
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
Relations Director any situation in which
Omaha's Contract Compliance regularly scheduled progress payments are
Ordinance. not made to PBE/DBE subcontractors.
7. For the information of Bidders, Contract In submitting its bid, the Bidder is certifying that it
Compliance Ordinance outlines the City of has contacted City of Omaha Human Relations
Omaha's rules, guidelines and criteria for (a) Department prior to bid opening regarding this
making determinations as to the legitimacy of project and has afforded subcontractors participating
PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit
awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the
above shall result in the bid being rejected by the
8. The Bidder/Contractor shall cooperate with the City of Omaha.
Human Relations Department in any reviews of
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 pr•-
and/or DBE Address performed date of work with PB •BEs Percentage(%)
Totals
*Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column; total in this column must equal
the PBE/DBE goals.
CERTIFICATION
The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal
achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,
understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying
Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further
certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE
Participation Contract Specifications and that said statements and representations are true and correct to the best of
his/her knowledge and belief. The undersigned will enter into formal agreement(s) with Protected and/or
Disadvantaged business enterprise(s) (which are otherwise deemed by the City of Omaha to be technically responsible
to perform the work) listed in the PBE/DBE Specifications at the price(s) set forth in Exhibit A conditioned upon
execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of
the PBE/DBE Specification representations are made by the bidder knowing them to be false, or if there is a failure by
the successful bidder (i.e. the Contractor) to implement the stated agreements, intentions, objectives, goals, and
comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall
constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the
Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the
City of Omaha may have for other efa u er t Contract, under City of Omaha's Contract Compliance Ordinance
or otherwise. Additional the Und ig e ont ctor I be subject to the terms of any future Contract Awards.
Signature
Title Principal
Date of Signing 2 ./$l0�
Firm or Corporate Name Ehrhart Griffin & Associates
Address 3915 Cuming Street, Omaha, NE b
retephone Number (402) 551-0631
•
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. His.anic Asian and Pacific Islander American Indian or Alaskan Native. Female.Total Em.lo ees Protected Class Males
Protected Class Females
American American
Total Total Asian or Indian or
Work Protected Asian or Indian or
Pacific Alaskan Pacific Alaskan
Date Force Class Black His'panic Islander Native Black Hispanic Islander Native White
.2/18/04 34
5 1
1
3
c
M hit-L All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance howR
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: EHRHART GRIFFIN & ASSOCIATES 2/18/04
ate ig v
Signature: ROBERT G. GRIFFIN, P.E.
(Print Name) (Title) igna u
EXHIBIT "C"
QUARTERLY REPORT ON PROTECTED AND/OR DISADVANTAGED
BUSINESS ENTERPRISES
(This •rm 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:
_ st 3rd
2nd
4cn .y
Year 200
I. Protected and/or Disadvantaged Contractors
Instructions: List all Protected and/or Disadvantaged Subcontractors which hay- •erformed work since Notice to
Proceed (NTP), are currently performing work, and are contemplated to perform work d ' g the duration of the City of
Omaha Contracts. Name and total dollars committed and paid.
Name of Protected
and/or Disadvantaged Dollars Paid During Dolla Paid Since
Business Enterprise Work Assignment Dollars Committed Quarter (NTP) • Date
. Contract Compliance Ordinance No.35344,Section 10-192
' Equal Employment Opportunity Clause
During the performance of this contract, the contractor agrees as follows:
1) The contractor shall not discriminate against any employee applicant for employment because of race,
religion, color, sex, national origin, or disability as defined by the Americans With Disabilities Act of
1990 and Omaha Municipal Code 13-89. The contractor shall take affirmative action to ensure that
applicants are employed and that employees are treated during employment without regard to their race,
religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the
Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not
limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include,
P
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
noncompliance; however, in the event the contractor becomes involved in or isthre tened wthclitigation
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 (I) 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
EXHIBIT "D"
FULL SCOPE OF WORK FOR
OPW 50380---164TH & BLONDO ST. AT WEST PAPILLION CREEK,
SANITARY INTERCEPTOR SEWER RELOCATION
IN THE CITY OF OMAHA
This Scope of Work describes the necessary engineering design services required to relocate
the existing 24-inch diameter sanitary interceptor sewer and manholes that run along the east
bank of the West Papillion Creek at 164t1 &Blondo St.
I. GENERAL
The project involves the survey, layout, design, and preparation of Final Bid Documents for the
relocation of the sanitary sewer in the project area.
The primary concern of this project is to relocate an existing 24-inch diameter interceptor
sanitary sewer and manhole that runs along the east bank of the West Papillion Creek, which
has become undermined and exposed due to stream bank erosion. The existing sanitary sewage
flow shall be re-routed to a new sanitary sewer set back from the stream bank and through the
park&walking trail area.
The design shall provide for Spring 2004 construction to avoid the possibility of interceptor
failure due to further stream bank erosion from heavy summer rain events. In addition, once
the sanitary sewer relocation is constructed, the existing exposed sewer and manhole shall be
removed from the bank area to eliminate potential blocking of the creek channel from falling
structures &pipe.
The engineering design will generally consist of the development of preliminary alternatives
for sewer relocation & a comparison of estimated construction costs. Once an alternative is
selected, final design shall consist of site survey, preparation of final plans and specifications,
coordination with utilities &other agencies,preliminary & final cost estimates, and engineering
services during bid & construction. A contract amendment may be prepared if construction
inspection and administration services are needed.
Due to the very unstable condition of the existing sewer, manhole, and stream bank, it is
intended that this project be designed and bid for construction as soon as possible, with a
bid by May 2004 at the latest.
February 2004 1 of 8
•
•
Scope-164t&Blondo St.
II. PRELIMINARY DESIGN
• Conduct a full site topographic survey (approximately the same area is needed for
any alternative selected).
• Review existing sewer maintenance history and As-Built Plans for better
understanding of the sewer system.
• Obtain detailed utility information within project area.
• Provide a brief evaluation of the existing sanitary sewer system, current flow & full
pipe capacity.
• Discuss site options and limitations with the City Project Manager, NRD, COE,
Neighborhood Associations, and any other agency required.
• Conduct field investigation as needed to get a better picture of the area and narrow
down true alternative options.
• Look for design options that will minimize removal of trees and will minimally
impact the usability of the walking trail. Tree relocation may be a viable option.
Determine if there are any limitations to tree movement such as special tree
dedications or plantings (i.e. donor sensitive areas).
• Conceptually identify structural and/or piping modifications that may be required to
existing manholes.
• Provide as much geotechnical investigation & evaluation as needed to determine
viable alternatives.
• Evaluate bank stabilization requirements for area where plugging and removal of
existing exposed manhole & sewer along the creek bank will be done to prevent
structures from falling into the creek and causing blockage. Look for options that
involve the least amount of bank stabilization, as that is not the main focus of this
contract.
• Identify alternatives and rough costs for relocating &rerouting the sanitary sewer
under gravity flow conditions AND required bank stabilization for areas where the
sewer is removed. Briefly evaluate for constructability, minimized tree &trail
impacts, easements &permit needs (if any),potential major utility conflicts, check
capacity of existing downstream sewers, and ability to get the project designed &
under construction in the shortest time frame.
• Present all options and recommendations to the City of Omaha in memorandum
form for City selection of the best design alternative to proceed with design.
February 2004 2 of 8
Scope-164t&Blondo St.
III. SURVEY
• Perform a site survey in sufficient detail to prepare construction documents.
• Survey shall be performed in accordance with established digital survey standards
and Public Works Department, Design Division, Surveying Scope, as modified by
the Sewer Maintenance Division.
• Survey field book and all survey computer data shall be given to the City upon
completion of final design.
IV. FINAL DESIGN CRITERIA
The following guidelines have been established for design of these improvements
(Note: please see attached"Design Phase Procedures and Guidelines for
Consultants" for supplemental information to these guidelines):
o Conduct any additional survey as needed for selected alternative.
o Prepare design base maps from preliminary survey and other collected information.
o Obtain geotechnical borings and soil evaluation along proposed sewer route for
consideration in design.
o Conduct geotechnical investigation, borings, &testing by a qualified firm to analyze
the geological aspects along the proposed alternative routing, and also analyze the
creek slope stability as necessary. Include information related to groundwater level,
soil conditions, and construction recommendations.
o Data collection to base the design upon will be included but not limited to the
following:
• Soil investigation results
• "As-Built" sewer and other construction plans
• Topographic/Orthophoto maps
• Sewer Inspection Reports
• Standard detail plates (most recent version)
• Standard Public Works specifications (most recent version)
• Utility location maps as available (Including: sanitary sewer mains and
services, street lights, traffic signals, gas main and services, water main and
services, underground and overhead electric, telephone facilities, cable TV
and fiber optic cables).
February 2004 3 of 8
Scope-164'h&Blondo St.
❑ The design will be based on the following data analysis:
• Preliminary design (Including: data, assumptions, analysis, alignments,
costs and final alternative selection).
• Evaluation of physical setting effects on preliminary design (Including:
utilities, soil conditions, existing street sections and easement needs).
• Joint analysis with the City Project Manager of the condition of the existing
sewers to remain in place within the area, to determine if any repair or
replacement of these sewers is required.
• Review Natural Resource District (NRD), Army Corps of Engineers (COE),
and Nebraska Department of Environmental Quality(NDEQ) applicable
requirements that may affect project.
• The project will be designed according to existing City of Omaha design
standards.
o Use above information to develop final alignment
o Coordinate with Utilities, City of Omaha, and Papio-Mo.River NRD/COE (if
required) for review of final alignment.
❑ Analyze at a minimum the following construction requirements:
• Tunneling.
■ Trench sheeting.
■ Dewatering.
• Foundation stabilization.
• Pipe bedding and backfill conditions, requirements.
• Erosion control.
• Traffic control, detours, street closures.
• Construction sequencing, scheduling.
o Minimize utility relocation and design utility crossings with the following •
considerations:
• Field verify critical elevations, locations.
• House service replacements.
• Utility company review.
❑ Minimize permanent easement acquisition.
❑ Minimize inconveniences to area homes and the public walking. trail.
February 2004 4 of 8
Scope—I64t&Blondo St.
❑ Minimize disruption& removal of trees and bushes. Consider temporary or
permanent tree relocation, or tree replacement.
a Develop plans & specifications for construction of proposed sewer system and final
alignment.
a Provide for plugging and removal of existing exposed manhole & sewer along the
creek bank area to prevent structures from falling into the creek and causing
blockage. Re-establishment of the creek bank may also be necessary.
❑ Provide for City Parks Dept., NRD, COE, and NDEQ requirements, if any. Obtain
required permits (if any).
❑ Provide for review by NDEQ at 90%plan completion. And incorporate their
comments.
❑ Perform quality assurance review including errors and omissions potential.
a City and NRD/COE final plan & specification review.
❑ Revise plans and specifications.
o City and NRD/COE approval of plans and specifications.
a NDEQ final review and approval of plans & specifications.
a Provide construction services related to bid evaluation, shop drawing review, and
evaluation of change proposals as needed during construction.
V. PREPARATION OF DRAWINGS AND SPECIFICATIONS
• Drawings shall be prepared in accordance with the City's AutoCAD drafting
standards and criteria established by the Public Works Department, Design
Division, Plan Preparation Manual.
• City of Omaha Standard Specifications and Plates shall be used unless special
conditions require modification. Modifications are to be approved by the City.
• Special Provisions and Supplemental Specifications shall be provided for special
items and work not covered in the Standard Specifications.
• Stationing shall be provided on plan, on profile and at match lines. Stationing shall
be along the centerline of the new sewer from downstream to upstream. Existing
grade profiles shall be shown using this same stationing path and clearly titled.
• Plans for sewers shall be drawn at a scale of 1 inch = 5 feet vertical and
1 inch=20 feet horizontal. The existing sewer shall be shown in the profile
background where possible.
• Other drawings and details shall be drawn at an appropriate scale.
February 2004 of 8
•
Scope-164t°&Blondo St.
• Existing elevation shots shall be shown as part of the background. If shots are too
congested to read clearly, the consultant shall "clean-up" the background by moving
elevations to another layer in the CADD file so that they may be turned off and by
rotating adjacent elevation shots.
• Consultant will be expected to layout the plans in a manner similar to the examples
provided by the City of Omaha, including similar background layers, new sewer
profiles and labeling, and table formats.
• Drawings shall be submitted in a timely manner to all utility companies and other
necessary agencies for their review.
• As applicable, the manner in which contractor is to work around existing utilities
shall be noted on drawings.
• City personnel shall be involved in all coordination of the design with the utilities.
• If significant traffic conflict will occur during construction, suitable detour routes
shall be noted on plans.
• Individual house & business sanitary sewer service lines/connections shall be shown
on the plans where possible as determined from as-built plans, existing television
reports, quarter section maps and City Permits & Inspection records.
• All utility locations and elevations identified by utility companies shall be shown on
the drawings. All gas, water, and sewer services shall be shown.
• All work constructed on a unit bid basis shall be identified on the drawings.
• Quantities shall be included in plan set.
• Locate improvements by coordinates for construction staking by City personnel and
electronic field book.
VI. EASEMENTS
o Show all permanent and construction easements on the drawings.
o City personnel will perform title searches and do all work necessary to obtain
easements.
o Easement information shall be provided to the City as soon as possible.
o City personnel shall prepare the easement descriptions, exhibits, and easement plan
(if needed).
February 2004 6 of 8
Scope-164th&Blondo St.
VII. MISCELLANEOUS
• Coordinate use of City of Omaha parkland (if any) with the Omaha Parks &
Recreation Department. The City Project Manager shall be involved in all
coordination efforts.
• Coordinate any impacts on the creek and banks with NRD & COE. The City
Project Manager shall be involved in all coordination efforts.
• Obtain any permits as may be needed.
• Provide detailed cost estimates at 65% and 100% plans.
• Recommend any necessary construction phasing to maintain sewage flow at all
times or to maintain access to businesses, streets, etc.
• Provide construction services related to bid evaluation, shop drawing review, and
evaluation of change proposals as needed during construction.
VIII. COORDINATION AND PROJECT MANAGER
• A single project manager, approved by the City, shall be assigned to this project.
• No change in project manager shall be permitted unless approved by the City.
• All coordination shall be through the City's project liaison.
• Assist with coordination of proposed improvements with utility companies. Prepare
all necessary submittals required by utility companies.
• See "Design Phase Procedures and Guidelines for Consultants" for submittal
requirements. In addition to a hard copy of the final documents, an electronic copy
shall be provided on disk (i.e. plans, specs, cost estimates, computations, files, etc.)
• Upon completion and acceptance of final plans and specifications, originals suitable
for reproduction shall be delivered to the City. Complete CAD files shall be
submitted to the City in AutoCAD 2002 (or later) LDD format.
IX. CITY WILL PROVIDE THE FOLLOWING AS NEEDED
• Example plan sheets (one sanitary sewer sheet & one storm sewer sheet).
• Information on existing service connections.
• As built drawings of separate sanitary or storm sewers in the area.
February 2004 7 of 8
L
Scope-164th&Blondo St.
• Available drawings showing utility locations (if they have obtained any).
• Quarter section maps.
• Eighth section maps.
• Topographic maps of area within one-meter contour intervals.
• Copies of studies on sewers in the area (if any).
• Benchmarks.
• Other information that pertains to the project that is readily available from City files.
RFP-Scope 164th&Blondo 2-04.doc
February 2004 8 of 8
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EXHIBIT "F"
Geotechnical Exploration Estimate Worksheet
Sewer Relocation
2/17/04
164th & Blondo Street
Mobilization
Zone 1
80.00
Exploratory Drilling (flight augers) (/ft.)
( 2 borings total) 35 9.00 315.00
@ 40
@ 35
@ 30
@ 25
1 @ 20
1 @ 15
@ 10
@ 5
Laboratory (estimate based on drilling cost) 70% 225.00
Engineering Cost (estimated) 675.00
1,295.00
Not to Exceed 1,300.00
T HIE LE GEO T E C H , INC
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, a sanitary interceptor sewer at approximately 164th and Blondo
Streets at the West Papillion Creek is in need of relocation; and,
WHEREAS, an engineering design must be prepared for the project known as
OPW 50380; and,
WHEREAS, Ehrhart Griffin & Associates was selected to perform the required .
engineering services in accord with the Architect's and Engineer's Review and Selection
Committee; and,
WHEREAS, Ehrhart Griffin & Associates has agreed to perform the work
described in the attached Professional Services Agreement, which by this reference becomes a
part hereof, for the amount of$29,271.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Professional Services Agreement with Ehrhart Griffin & Associates to
provide an engineering design for relocation of a sanitary interceptor sewer, OPW 50380, which
is in the vicinity of 164th and Blondo Streets at the West Papillion Creek, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the amount of $29,271.00
from the Neighborhood Sewer Renovation, Sanitary Sewer Improvement Fund 21124,
Organization 116911.
APPROVED AS TO FORM:
P:\PW2\14091maf.doc
CITY ATTORNEY DATE
-
By 401
Councilmember
Adopted -.MAR 1 6 4 q--D
j City Clerk
Approved.. ..
/T a
Mayor
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