RES 2000-0134 - Agmt with E&A Consulting Group for construction of Boxelder Creek outfall sewer •
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, j 4..f R-eS1-3-73/
.,o� °� �� ! nm Public Works Department
r�;-r�s��, Omaha/Douglas Civic Center
►��f�1j�' �;l ;# DEC �� (•g��. 1819 Farnam Street,Suite 601
Omaha,Nebraska 68183-0601
o t- . January 4, 2000
o ti (402)444-5220
4'T.D FEBRJr4� �..G-,t '� • '� k,L.t `-.,j� - Telefax(402)444-5248
City of Omaha LL1,:;9i :1< Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
Honorable President
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and Members of the City Council,
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Transmitted herewith is a Resolution approving an. Engineering Agreement with. E & A
Consulting group for staking, inspection, project management and field testing for the
construction of SOS 5653 being the Boxelder Creek outfall sewer which was authorized by
Ordinance No. 35067 on November 23, 1999.
E & A Consulting Group was selected to perform design and inspection services by Schering-
Plough Animal Health Corporation (SPAR). That contract is being assigned to the City under
the terms of the Agreement adopted by Resolution No. 178 on January 26, 1999. The services to
be provided are detailed Exhibit"A" of the Agreement. E & A Consulting has agreed to perform
the services required for a fee of $152,678.13. The costs incurred will be paid from the
Schering-Plough Interceptor Sewer Organization 1507, Fund 545.
E & A Consulting Group has'filed the required Annual Contract Compliance Report Form, CC-
1, in the Human Relations Department. As is City policy, the Human Relations Director will
review the consulting firm to determine its compliance with Ordinance 28885.
The Public Works Department requests your consideration and .approval of the attached
Resolution and Engineering Agreement.
Respectfully;submitted, Referred to City Council for Consideration:
Don W. Elliott, P.E. d Date Mayor's Officer Date
Public Works Director
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Approved: Approved as to Funding:
QIJI� _ tip 2 227 f 6 f►
K 1 ie Paris-Asaka Dat Louis A. D' _rcole y�, Da e
Human Relations Director Finance Director
P:\PW1\7026sap.doc • 0
ENGINEERING AGREEMENT
CITY OF OMAHA
CONSTRUCTION PHASE ENGINEERING
AND SURVEYING SERVICES
BOXELDER CREEK OUTFALL SEWER EXTENSION -WP 11+17
THIS AGREEMENT,made and entered into this aD day of. , '1g2O0O,by and between the firm of
E&A Consulting Group,Inc.,a corporation of the State of Nebraska,with offices at 12001 "Q" Street,Omaha,
Nebraska,67137 and hereinafter referred to as the "Consultant," and the City of Omaha,Nebraska,acting by and
through its Mayor,hereinafter,referred to as the"City."
WITNESSETH:
WHEREAS,the City desires to engage the Consultant to render professional engineering services as
hereinafter set forth required for the construction staking and resident engineering at The Box Elder Creek Outfall
Sewer Extension to be constructed from approximately 192nd and West Center Road to 210th and West Center
Road.
WHEREAS,the Consultant is willing to perform such engineering work in accordance with the terms
hereinafter provided and does represent that he is in compliance with the Nebraska Statutes relating to the registration
of Professional Engineers.
NOW,THEREFORE, in consideration of these facts,the parties hereto agree as follows:
I. DEFINITIONS
Wherever in this agreement the following terms are used,or pronouns used in their stead,they shall have the
meaning here given:
The "EFFECTIVE DATE"of this agreement shall mean the date mentioned in the first paragraph of this
document.
"CONSULTANT"or"CONTRACTOR"shall mean E&A Consulting Group,Inc.whose business and
mailing address are 12001 "Q" Street,Omaha Nebraska,68137.
"CITY"shall mean the City of Omaha,Nebraska,and the Mayor of the City of Omaha or his authorized
representative.
To "ABANDON"the work shall mean that a determination has been made by the City that conditions or
intentions as originally existed have changed and that the work as contemplated herein is to be renounced and
deserted for as long in the future as can be foreseen.
To "SUSPEND"the work shall mean that it has been determined by the City that conditions or intentions as
originally existed have changed and that the work as contemplated herein should be ceased on a temporary basis. This
cessation or holding in this undetermined state will prevail until such time as a determination can be made to abandon
the work or to reinstate under the conditions as defined in this agreement.
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To "TERMINATE" or the"TERMINATION"of this contract shall be the cessation or quitting of this
contract based upon action or failure of action on the part of the Consultant as defined herein and as determined by the
City. •
II. GENERAL DESCRIPTION OF SCOPE AND CONTROL WORK
The Consultant shall,upon receipt of the Notice to Proceed from the City,perform all the services required
under this agreement for the project described above and as outlined in the attached Exhibit"A", Schedule of
Services,hereby made a part of this agreement.
III. TIME OF BEGINNING AND COMPLETION
The Consultant shall begin work on the project upon receipt of written"Notice to Proceed" from the City.
The work on the project shall be completed within 120 working days after receipt of the written Notice to Proceed.
The time for completion of the work shall be equitably adjusted for delays not the fault of Consultant.
Delays grossly affecting the completion of the work within the time specified for completion attributable to
or caused by the Consultant or the City shall be considered as cause for termination of this agreement by the other.
It is hereby mutually agreed that the City has continuing rights to work progress inspections and any and all
additions,deletions,changes,elaborations or modifications of the services to be performed under the terms of this
agreement which may from time to time be determined by the City as desirable or preferable,shall be controlling and
governing.
IV. ABANDONMENT,CHANGE OF PLAN,SUSPENSION AND TERMINATION
The City shall have the absolute right to abandon the project or to change the general scope of work as
defined in Section II,at any time. Such action on its part shall in no event be deemed a breach of contract.
The right is reserved by the City to suspend this agreement at any time or to terminate for just cause. Such
suspension or termination may be effected by giving the Consultant fifteen(15)days written notice. Should the
project be suspended for thirty(30)days or more,Consultant's Fee and time for completion shall be equitably
increased.
If the City abandons the work or subtracts from the work as presently outlined,the Consultant shall be
compensated on the basis of the percentage completion ratio of the net fee shown in Exhibit"B"plus actual costs as
defined in Section VI. In determining the percentage of work completed,the City shall consider the work performed
by the Consultant to the total amount of work contemplated by this agreement.
The Consultant shall maintain all books, documents,papers,accounting records and other evidence
pertaining to costs incurred and shall make such materials available at his office at all reasonable tunes during the
contract period and for three(3)years from the date of final payment under this Agreement; such records to be
available for inspection by the City and copies thereof shall be furnished by the Consultant,if required.
Additions to the scope of work as defined in Exhibit"A"will require negotiation of a supplemental
agreement or agreements.For any work beyond the scope of services outlined by Exhibit"A",the Consultant will be
required to document the additional work, estimate the cost to complete said work and obtain written approval from
the City before such work begins.
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V. OWNERSHIP OF ENGINEERING DOCUMENTS
All field books,construction records,as-built plans and other data prepared or obtained under the terms of
this Agreement shall be delivered to and shall become the property of the City without restriction or limitation as to its
further use.
VI. FEES AND PAYMENTS
In consideration of the performance of the Engineering Services described in this Agreement,the Consultant
shall be paid a lump sum fee of$152,678.13. The lump sum fee will consist of a compilation of estimated non-salary
cost,indirect non-salary cost and direct salary payroll additives,as provided in Exhibit"B",attached.
Direct salary costs are defined as direct salaries paid to principals,engineers,construction observers,
surveyors and other personnel directly assigned by the Consultant to this project.
Indirect salary costs are defined as actual wages paid to all employees,clerical and stenographic,
administrative and supervisory of the Consultant for work not directly chargeable to individual contracts.
Direct non-salary costs include,but are not limited,to those costs incurred by the Consultant for travel,
subsistence,supplies,reproductions,photography,printing,computer charges,subcontractors,special equipment and
materials required for this project and such other similar items.
Indirect non-salary costs are all non-salary costs of the Consultant's business operations which are not
directly chargeable to individual contracts.
The direct salary payroll additives are related costs which are paid by the Consultant such as Social Security
and unemployment taxes,wages paid for vacations and holiday,wages paid for sick,military,jury and other
authorized leave,group insurance,pension and so forth.
For the purposes of calculating the lump sum fee under this Contract,the sum of the indirect additives shall
be 1.594 times the direct salary costs. An amount consisting of$19,056.28 of total direct salary costs was added for
profit. A lump sum amount was added to cover direct non-salary costs as indicated in Exhibit"B".
The Consultant shall submit monthly invoices which shall be based on the percentage of work completed
during the calendar month.The monthly payments shall be based upon the satisfactory prosecution of the work and
shall be substantiated by monthly progress reports.The Consultant shall submit a final voucher for the project no later
than 30 days after the close of the Consultant's fiscal year during which the project is completed.
The acceptance by the Consultant of the final payment shall constitute and operate as a release to the City for
all claims and any liability to the Consultant,his representatives and assigns for any and all things done,furnished or
relating to the services rendered by the Consultant under or in connection with this Agreement or any part thereof.
The Consultant shall maintain all books,documents,papers, accounting records and other evidence
pertaining to costs incurred and study activities and shall make such materials available at his office at all reasonable
times during the contract period and for three(3)years from the date of final payment under this Agreement;such
records to be available for inspection by the City and copies thereof shall be furnished by the Consultant,if required.
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The Consultant shall be responsible to determine when his actual costs shall exceed the anticipated costs for
any work activity.In such event,the Consultant must immediately notify the City in writing.
The Consultant shall also be responsible to determine when a change in the work scope necessitates an
increase in the lump sum amount. When the Consultant determines that an increase is in order,he will be required to
estimate the additional costs necessary to complete the additional work, document the reasons for this increase and
receive prior approval from the City in writing before expenditures beyond the lump sum amount are incurred.The
City shall not be obligated to reimburse the Consultant for costs which have not been approved in excess of the lump
sum amount.
VII. FORBIDDING USE OF OUTSIDE AGENTS
The Consultant warrants that he has not employed or retained any company or person,other than bona fide
employees working for the Consultant,to solicit or secure this Agreement and that he has not paid or agreed to pay
any company or person,other than a bona fide employee any fee,commission,percentage,brokerage fee,gift or any
other consideration contingent upon or resulting from the award or making of this Agreement.For breach or violation
of this warranty,the City shall have the right to deduct from the Agreement price or consideration,or otherwise,
recover the full amount of such fee,commission,percentage,brokerage fee,gift or contingent fee.
VIII. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Consultant agrees to save harmless the City from all Claims and Liability due to the negligent activities
of himself,his agents or his employees.In this connection,the.Consultant will carry insurance in the following kinds
and amounts.
1. Comprehensive Auto Liability $100,000 P.L. $50,000 P.D.
2. Comprehensive General Liability $300,000 P.L. $50,000 P.D.
3. Workmen's Compensation Statutory
4.Professional Liability $1,000,000
The insurance specified above shall be maintained until the Consultant's work has been completed and
accepted by the City.Proof of insurance coverage shall be furnished by the Consultant,if requested by the City.
IX. NON-RAIDING CLAUSE
The Consultant shall not engage the services of any personnel or persons presently in the employ of the City
for work covered by this Agreement without the written consent of the employer of such persons.
X. GENERAL COMPLIANCE WITH LAWS
The Consultant hereby agrees to comply with all Federal,State and Local laws and ordinances applicable to
the work.
XI. PROFESSIONAL REGISTRATION AND SUBCONTRACTS
The Consultant hereby agrees to comply with all.Federal, State and Local laws and ordinances.applicable to
the work.
The Consultant hereby agrees to affix the seal of a registered professional engineer licensed to practice in the
State of Nebraska on all reports and plans prepared hereunder except for those plans designed by the City.
The Consultant agrees to provide these professional services using staff personnel with specialized skills,
experience,and professional qualifications.Any work subcontracted other than that specifically provided by this
Agreement shall first have the written approval of the City.
XII. ORGANIZATION CHART
The Consultant shall furnish an organization chart of all key personnel who will be involved in this project as
outlined in this Agreement.Any deviations or revisions in personnel as shown in the project organization chart shall
be subject to the prior approval of the City.All personnel revisions or replacements shall be made with people of
equal ability and experience, in the opinion of the City,and failure of the Consultant to provide capable replacements
to the satisfaction of the City shall be basis for termination of the Contract and the method of Contract settlement shall
be as outlined in Section IV.The project organization chart is as shown in Exhibit"C"hereto,and made a part of this
Agreement. _
XIII. ARBITRATION
Any disputes between the City and the Consultant not disposed of by this Agreement between the parties may
be settled by arbitration as provided by Section 25-2103 through 25-2120,Nebraska Reissue,Revised Statutes of
1943.
XIV. FAIR EMPLOYMENT PRACTICES ACT
The Consultant agrees to abide by the provisions of the Nebraska Fair Employment Act of 1965,R.R.S.
1943,48-1101 through 48-1125.
XV. SUCCESSORS AND ASSIGNS
This Agreement shall be binding on successors and assigns of either party.
XVI. SUBLETTING,ASSIGNMENT OR TRANSFER
Subletting,assignment or transfer of all or part of the interest of the consultant is hereby prohibited unless
prior written consent of the other parties is obtained therefor
XVII. NONDISCRIMINATION
The Consultant shall not, in the performance of this Agreement,discriminate or permit discrimination against
any person because of race,sex,age,disability or political or religious opinions or affiliations in violation of federal
or state or local ordinances.
XVIII. CONTRACT
Exhibit"D"attached hereto is incorporated herein as the proposed project schedule.
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XIX. CERTIFICATION OF CONSULTANT
The attached certification, identified as Exhibit"E shall he completed by the Chief Administrative Officer
of the Consultant and is hereby made a part of this Agreement.
XX. UNEMPLOYMENT COMPENSATION FUND PAYMENTS
Before final payment is made by the City to the Consultant of the final three percent(3z)due hereunder,the
Consultant shall furnish the City a written clearance from the Commissioner of Labor of the State of Nebraska
certifying that all payments due of contributions or interest which may have arisen under this contract have been paid .
by the Consultant, or its subcontractor to the Unemployment Compensation Fund of the State of Nebraska.
XXI. CITY SUPERVISION
It is hereby mutually agreed that the City shall have responsible supervision of all the services included
herein,but no employee of the Consultant or any of its subcontractors or of persons working under the Consultant's
direction is or shall be deemed to be an employee of the City. The Consultant shall at all times have or cause to have
in force Workers Compensation insurance covering all its employees and those of any subcontractor and those of
anyone under its direction and control.
XXII. PAYMENT FOR SERVICES,MATERIAL AND EQUIPMENT
The Consultant agrees to pay all persons,firms or corporations,having contracts directly with the Consultant
or with subcontractors of Consultant,all just claims due them for the payment of services,material and equipment
furnished,and for the payment of material and equipment rental which is actually used or rented in the performance of
this contract.
XXIII. ASSESSMENT FOR TAXATION
Consultant shall comply with,and shall cause to be complied with Section 77-1323,Reissue Revised Statutes
of Nebraska, 1943,as amended and shall furnish a certified statement to be attached to the contract that all equipment
to be used on the project,except that acquired since the assessment date,has been assessed for taxation for the current
year,giving the County where assessed.During the performance under this contract,additional such statements shall
be furnished by the Consultant as may be required by such law or as may be required by the City or its authorized
agent.
XXIV. AMENDMENTS OR ADDITIONS
No amendments or additions shall be made to this Agreement except in writing.Future agreements between
the parties must likewise be in writing.
XXV. FINANCIAL INTEREST
Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha,no elected official or any officer or
employee of the City shall have a financial interest,direct or indirect,in any City contract.A violation of that section
with the knowledge of the Consultant, in addition to constituting employee malfeasance,shall be cause for the City to
unilaterally terminate or void this Agreement.
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XXVI. INCREASE OF FEE
The parties hereto acknowledge that, as of the date of the execution of this 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.
IN WITNESS WHEREOF,the parties hereto have caused presents to be executed by-their proper officials
thereunto duly authorized as to the dates below indicated.
EXECUTED by the Consultant this/0 sid day of Me. , 19 4'1 .
ATT ST:
BY
Officer 'resident
EXECUTED by the City this day of / _ , ,caeta9.
ATTEST: ` f
41 .)
,
BY
Mayor of the City of Omaha
APPROVED AS TO FORM:
i A orney
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DESCRIPTION OF PROJECT --
AND
SCHEDULE OF CONSTRUCTION PHASE SERVICES
BOXELDER CREEK OUTFALL SEWER EXTENSION
Approximately 192"d and W. Center Road to 2106 and W. Center Road
A. DESCRIPTION OF PROJECT
This Agreement provides for engineering services as required for the construction phase engineering and
surveying for the construction of the Boxelder Creek Outfall Sewer Extension.The work required for this project
includes construction staking,construction observation,maintaining construction records,materials testing,
preparation of as-built plans any other incidental items necessary for the proposed construction of the Boxelder
Cceek Outfall Sewer Extension.
B. SCHEDULE OF SERVICES
1. The Consultant shall perform the necessary construction staking including establishing
horizontal and vertical control,staking the project centerline,staking the permanent and
temporary easements,setting grade stakes for pipe installation, staking manholes,siphons
and miscellaneous structures and taking of measurements as needed to accurately establish
pay quantities.
2. The Consultant shall perform project management,conduct preconstruction conference,
provide observation during construction,document project records,prepare contractor
progress estimates,change orders and final estimate,and prepare as-built plans.
3. The Consultant shall perform the necessary soils and materials testing.
(Construction-of this project will be in accordance.with;the 1989 Edition of the City of Omaha,
Nebraska StandardSpecificationsforPublic.Works Construction and all supplements thereto.)*-
C. CITY WILL PROVIDE AT NO COST TO THE CONSULTANT:
1. The City shall furnish two sets of design plans and nay required standard report forms.
2. City of Omaha Standard Specifications for Public Works Construction, 1989 Edition.
3. All bench marks available in the adjacent area.
4. Field books and assist in their initial preparation.
D. CONSULTANT SHALL FURNISH OR PERFORM:
1. Safety apparel and equipment including hard hats where required,safety-toed shoes,eye
and ear protection,portable surveying signs,orange colored traffic cones and required
equipment for entering a confined space.
2. Molds,collection and making of concrete cylinders,plus all other equipment and supplies
required for the routine acceptance and other special tests which relate to acceptability of
material.
3. Prepare and submit periodic reports as required.
4. Prepare contractor change orders.
5. Construction stakes,nails and flagging material for survey crew.
6. Have sampling and testing equipment calibrated and checked prior to commencing work.
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EXHIBIT A _
7. - Services to be performed under the direct supervision of a registered engineer licensed to
practice in the State of Nebraska.
8. The consultant shall prepare and keep: Detailed notes, computations and measurements,
and records of quantities of pay items used in the work. Upon completion of the work,the
Consultant shall prepare as-built plans and summary of final quantities of all contract
items covered by the contract.
9. Sampling and testing frequency and methods shall be as directed by the City.
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EXHIBIT A
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CONSTRUCTION PHASE
CONSULTANT: E&A CONSULTING GROUP
E&A#98076
BOXELDER CREEK OUTFALL SEWER EXTENSION CONST. CONST.
ADM. ADM.
DESCR.OF WORK ITEM PM SE CLER. ET3 TECH I RLS 3M-CREW TECH II TOTAL
PROJECT MANAGEMENT
Meetings 20 - 72 72 - - 72 236
Supervision 200 200
Coordinate Testing 44 44
Process Pay Requests 36 72 108
CONSTRUCTION OBSERVATION
Clearing&Grubbing 68 4 72
Utility Coordination 100 100
Public Relations 50 100
Removals 20 20 40
Sanitary Sewer - 320 96 416
Siphons 80 24 104
Boring&Jacking 80 16 96
Repaving _ 16 24 8 48
Erosion Control 8 4 12
Punch List/Closeout 4 40 40
As-Built Plans 4 40
CONSTRUCTION STAKING
Stake Right of Way 4 30 4 100
Stake Centerline 4 10 4 30 48
Stake Removals 8 1 16 25
Stake Sanitary Sewer 12 24 2 100 138
Stake Siphons 10 10 4 24 48
Stake Repaving 2 2 4 20 28
Final Measurments 16 4 4 32 56
20 574 72 88 640 23 322 596 2335
EXHIBIT B,PAGE 1
FEE SUMMARY
CONSULTANT: E&A CONSULTING GROUP
E&A#98076
BOXELDER CREEK OUTFALL SEWER EXTENSION
CONSTRUCTION PHASE
GRADE LEVEL HOURS RATE AMOUNT
Project Mgr. 20 34.86 697.20
Sr. Engineer 574 26.50 15,211.00
Clerical 72 16.56 1,192.32
Engr. Tech. III 88 17.70 1,557.60
Const.Admin. Tech. I 640 12.50 8,000.00
Reg. L.S. 23 29.29 673.67
3-Man Crew 322 37.86 12,190.92
Const.Admin. Tech. II 596 15.86 9,452.56
SUBTOTAL DIRECT LABOR 2335 $ 48,975.27
General&Admin. O.H. 1.594 78,066.58
Fixed Fee for Profit 0.15 19,056.28
SUBTOTAL O.H. + PROFIT $ 97,122.86
REIMBURSABLE COSTS
Testing 6,050.00
Mileage 530.00
SUBTOTAL REIMBURSABLE COSTS $ 6,580.00
- TOTAL PROJECT FEES $ 152,678.13
EXHIBIT B, PAGE 2
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ORGANIZATION CHART
Jeffrey Elliott, PE
Project Manager
Randy Pierce, PE
R. Vance Clark, RLS
Senior Engineer Survey Manager
Construction Observation
Al Christensen
Dave Horstmeyer Senior Technician
Senior Construction Observer
Survey Crews
Steve Sorenson
Construction Observer
Exhibit C
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PROJECT SCHEDULE
EXHIBIT D
Start Finish Days
Notice to proceed 15-Jan-00
Stake Right of Way 15-Jan-00 2-Feb-00. 17
Sewer Staking& Observation 2-Feb-00 1-July-00 151
Punch List/Closeout 2-July-00 16-July-00 14
Prepare As-Builts 16-July-00 23-July-00 7
CONTRACT COMPLIANCE
Exhibit "E"
During the performance of this Contract,the Consultant agrees as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment
because of race, religion,color, sex or national origin. The Consultant shall take affirmative action to
insure that applicants are employed and that employees are treated during employment, without regard to
their race, religion, color, sex or national origin. 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 Consultant agrees to and shall post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the consulting officers
setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall in all solicitations or advertisements for employees placed by or on behalf
of the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, religion, color, sex or national origin.
3. The Consultant 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 of
worker's representative of the Consultant's commitments under the Equal Employment Opportunity
Clause of the City of Omaha and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The Consultant 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 the Contract Compliance Ordinance, 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 and only after reasonable notice is given the
Consultant.The purpose for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
5. The Consultant 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, provided,however,that in the event the Consultant 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 the provisions of the
Ordinance and in the case of contracts receiving Federal assistance,the Consultant or the City may
request the United States to enter into such litigation to protect the interests of the United States.
6. The Consultant shall file and shall cause his subcontractors, if any to file compliance reports
with the Consultant 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 at such times
as directed shall contain information as to the employment practices,policies,programs and statistics of
the Consultant and his subcontractors.
7.The Consultant shall include the provisions of Paragraphs 1 through 7 of this Section, Equal
Employment Opportunity Clause and the Contract Compliance Ordinance, in every contract or purchase
order so that such provisions will be binding upon each subcontractor or vendor.
Page 1 of 1
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c-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr January 4, 19 2000
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
7.
WHEREAS, on November 23, 1999 the City Council authorized by Ordinance
No. 35067 the construction of SOS 5653 being the Boxelder Creek outfall sewer by B & L
Construction; and,
WHEREAS, the construction requires staking, inspection, project management
and field testing; and,
WHEREAS, E & A Consulting Group has agreed to perform the engineering
services detailed in the attached Engineering Agreement, which by this reference is made a part
hereof, for a fee of$152,678.13; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Engineering Agreement between the City of Omaha and E & A
Consulting Group for the staking, inspection, construction management and field testing for the
construction of SOS 5653 being the Boxelder Creek outfall sewer, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the sum of$152,678.13 from
the Schering-Plough.Interceptor Sewer Organization 1507, Fund 545.
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