RES 2022-0462 - Invoice from Wilson and Company for OPW 53734 - 51st and Madison Streets Creek Stabilization Project City Clerk Office Use Only:
w22-01—iiaPublication Date(if a plic le):RESOLUTION NO. lP 2 J T122
Agenda Date:
Department: I C-
V*
Submitter: ell
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, flagging and construction inspection services are needed in conjunction with
OPW 53734, being the 51st and Madison Streets Creek Stabilization Project; and,
WHEREAS, Wilson and Company, a BNSF-approved flagging and inspection service
provider, will preform said services of the rail line adjacent to the boundaries of OPW 53734; and,
WHEREAS, Wilson and Company has agreed to provide these services and now requires a
pre-paid invoice in the amount of $81,700.00, which will provide for 45 days of inspections and 15
days of Railway Worker in Charge services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, as recommended by the Mayor, the invoice with Wilson and Company, to provide
flagging and construction inspection services on the rail line adjacent to OPW 53734, being the
51st and Madison Streets Creek Stabilization Project, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee not to exceed $81,700.00, from the
Sewer Revenue Improvements Fund 21124, Neighborhood Sewer Renovation Organization
116911. Sewer Revenue Bonds will be issued to finance this project.
APPROVED AS TO FORM
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pctatICITY ATTORNEY DATE
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Adopted: MAY I 0 2022 O
Attest:
City Clerk / /J
Approved:
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MESON Wilson &Company, Inc.,
Engineers&Architects
&C`OMPANY PO Box 74954
Chicago, IL 60675-4954
•
PRE-PAYMENT INVOICE
To: City of Omaha, NE Invoice No: 2282112346-2
Attn: Garrett Lane Invoice Date: April 6, 2022
1819 Farnam St.
Suite 600
Omaha, NE 68183 BNSF Permit Tracking No.: 21-12346
Division: Heartland
Subdiv.: Omaha
Station: Omaha
Project: Utility Inspection & Roadway Worker In Charge Services MP: 22.49
L.S.: 0137
State: NE
Project 2282112346
Permit Description: For construction of sanitary sewer line encasement adjacent to BNSF ROW and related creek
channel work
Inspection #Units Unit Price Total Amount
Inspection 45 $1,350.00 per 10 hour day $60,750.00
Inspector Mobilization 2 $350.00 each $700.00
Total inspection: $61,450.00
Roadway Worker in Charge(RWIC) #Units Unit Price Total Amount
RWIC 15 $1,350.00 per 10 hour day $20,250.00
Total(RWIC): $20,250.00
Invoice Amount: $81,700.00
Confirmed pre-payment is required before services will be scheduled.Note that a minimum lead time of 15 days from confirmation of
payment is required to schedule all utility installations.
Also note that a positive balance of pre-paid inspection and/or roadway worker in charge services are required throughout the entire
duration of the project to maintain continuation of services.If all prepaid days have been used,construction will be stopped and
cancellation charges will be assessed accordingly.It is your responsibility to ensure that a sufficient number of days to complete
construction have been fully funded.
The prepayment invoice is based on the estimated duration of project as discussed.Unused funds will be refunded to Licensee by
the Scheduling Agent.
•For Electronic Payment,see attached instructions.
•For Credit Card Payment,an additional 3.23%plus$0.15 transaction fee will be assessed
LSN STANDARD TERMS AND CONDITIONS FOR INSPECTOR/COORDINATION&
&COMP NY ROADWAY WORKER IN CHARGE(RWIC)SERVICES
1. Standard of Care. The standard of care for all services performed or furnished by Wilson &
Company(Scheduling Agent) under this Agreement will be the skill and care used by members of the
profession practicing under similar circumstances at the same time and in the same locality.
Scheduling Agent makes no warranties, express or implied, under this Agreement or otherwise, in
connection with Scheduling Agent's services. The Scheduling Agent is not responsible for any work
performed by the Licensee or its representatives.
2. Mutual Indemnification. To the fullest extent permitted by law, Scheduling Agent,Licensee (or
Licensee's representative) each agree to indemnify the other party and the other party's officers,
directors, partners, employees, and representatives, from and against losses, damages, and judgments
arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable
under applicable law, but only to the extent they are found to be caused by a negligent act, error, or
omission of the indemnifying party or any of the indemnifying party's officers, directors, members,
partners, agents, employees, or subcontractors in the performance of services under this Agreement,
as adjudicated in a court of competent jurisdiction, or an arbitration order. If claims, losses, damages,
and judgments are found to be caused by the joint or concurrent negligence of Scheduling Agent and
Licensee, or Licensee's representative, they shall be borne by each party in proportion to its
negligence.
3. Force Majeure. Scheduling Agent shall not be deemed in default of this Agreement to the extent
that any delay or failure in the performance of its obligations results from any cause beyond its
reasonable control.
4. Cancellation: Prior to the start of the project, the Licensee or Licensee's representative, shall notify
Scheduling Agent of cancellation at least 48 hours in advance of project start to avoid minimum
charges outlined in the attached invoice. Subsequent to project start, the Scheduling Agent shall be
notified at least 24 hours in advance in the event of cancellation, rescheduling, or completion of
services,to avoid minimum charges outlined in the attached invoice.
❖ All cancellations must be submitted to WilsonCompany.Utility.1C ct wilsonco.com with
"Cancellation Request" and your permit number in the subject line. Your cancellation must be
verified by the Scheduling Agent and confirmed by all parties before it is valid.
a Payment. Licensee agrees to pay the Scheduling Agent in advance for the services stated in the
attached invoice. Prepayment is required to avoid construction delays or cancellation charges. A
positive balance shall be maintained, or work activities on BNSF right-of-way may be stopped at the
Scheduling Agent's sole discretion. Unused funds will be refunded by Scheduling Agent after project
is completed and reconciled.
6. Forfeiture. Inspection and RWIC services are required under the terms of the licensee's
agreement to utilize BNSF right-of-way. Failure to schedule Inspection and RWIC services
with the Scheduling Agent shall result in the forfeiture of all funds paid for these services.
7. Acceptance. Payment by Licensee, or its representative, acknowledges and constitutes agreement to
the services and these terms and conditions, without modification, by Licensee and its representative.
Rev 1 2022-03-10 RWIC/UIC Standard Terms and Conditions Page 1 of 1