Loading...
RES 2018-1117 - 2018-2019 Residential Snow Plow Inspectors-Street Maintenance - Olsson Associates 01114A,A'40 `, � �, Public Works Department e.74Or'y`' �1 Omaha/Douglas Civic Center 2 7. t ���-`� r 1819 Famam Street,Suite 601 op 7- ' .'`"'ti DEC 0 4 2018 Omaha,Nebraska 68183-0601 �1 °o r., h,7 (402)444-5220 4TBD FEas"ram Fax(402)444-5248 City of Omaha O Robert G.Stubbe,P.E. Jean Stothert,Mayorgi Public Works Director rn 114. Honorable President :" oa CD and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with Olsson Associates to provide professional services on the 2018-2019 Residential Snow Plow Inspectors- Street Maintenance Project. This Agreement includes on-call snow removal inspection and contract administration services, and additional services as identified in the attached agreement. Olsson Associates has agreed to perform these services for a fee not to exceed, $45,000.00, to be paid from the Street And Highway Allocation Fund 12131, Snow And Ice Control Organization 116154, year 2018 expenditure. Olsson Associates has filed the required Contract Compliance Report, Form CC-1, as determined by the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Approved., `-b -tS 11-11 R bert G. Stubbe, P.E. Date ranklin T. Thompso Date Public Works Director Human Rights and Relations Director Approved as to Funding: Referred to City Council for Consideration: . / 1-.A..11/‘—\__ "bt)--ttLik- iy Zot z.0, - FStephen,B. Curtiss 44 Date Mayor's.Office Date Finance Director P 2242Cgrp City Clerk Office Use Only: • I Publication' Date (if applicable): RESOLUTION NO. . Agenda4i I l' Date: Department: PIA I/ a S CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, professional engineering services are needed in conjunction with the 2018- 2019 Residential Snow Plow Inspectors-Street Maintenance Project; and, WHEREAS, Olsson Associates was selected by the Architects and Engineers Selection Process and has agreed to provide professional services as listed in the attached Professional Services Agreement, which by this reference is made a part hereof; and, - - -• 0 WHEREAS, Olsson..Associates has agreed to perform these services for a fee not to exceed $45,000.00 to be paid from the Street And Highway Allocation Fund 12131, Snow And Ice Control Organization 116154, year 2018 expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Professional Services Agreement with Olsson Associates to provide professional services on the 2018-2019 Residential Snow Plow Inspectors-Street Maintenance Project, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $45,000.00 from • the Street And Highway Allocation Fund 12131, Snow And Ice Control Organization 116154, year 2018 expenditure. 2242grp APPROVED AS TO FORM ay.:;/‘. / ITY ATTORNEY DATE Adopted: DEC 0 4 2018 I A_ I Attest: City Clerk C p Approved: � _ � Mayor PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this ay of oeii— ,201a,by and between the City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the"City"), and Olsson Associates(hereinafter referred to as the"Provider"),on the terms,conditions and provisions as set forth herein below. All references to"Contractor"shall mean"Provider". PROJECT NAME AND DESCRIPTION 2018-2019 Residential Snow Plow Inspectors-Street Maintenance, On-call snow removal inspection and contract administration for the City of Omaha 2018-2019 Winter Season. 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"B" attached hereto. Such services shall be completed within a 365 calendar day period after receipt of a purchase order from the City. B. Provider designates Marty Weander, whose business address and phone number is 2111 S 67th St, Ste 200,Omaha,NE 68106,402-341-1116 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 365 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. F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's Human Rights and Relations Department prior to signing the agreement. III. DUTIES OF CITY City designates Kevin Daily, whose business address and phone number are 5225 Dayton St, Omaha,NE 68117, 402-616-3763 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence or 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 it exceed$45,000.00. Detailed breakdown of costs shall be shown in Exhibit"C". 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 OF INSTRUMENTS OF SERVICE The City acknowledges the Provider's documents, including electronic files, as instruments of professional service. Nevertheless,upon completion of the services and payment in full of all monies due to the Provider, the final documents prepared under this Agreement shall become the property of the City. The City shall not reuse on another Project or make any modifications to the documents without prior written authorization of the Provider. The City agrees, to the fullest extent permitted by law,to indemnify and hold harmless the Provider, its officers, directors, employees and subconsultants (collectively,Provider) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or in any way connected with the unauthorized reuse or modification of the documents by the City,regardless of whether such reuse or modification is for use on this Project or another Project. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned Project not covered under this Agreement are required, the Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REOUIREMENTS The 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 The Provider agrees, to the fullest extent permitted by law, to indemnify,defend and hold harmless the City, its officers, directors and employees (collectively, City) against all damages, liabilities or costs, including reasonable attomey's fees and defense costs, to the extent caused by the Provider's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is legally liable;provided,that with respect solely to the said duty to defend,such duty of the Provider to defend shall arise only if, and to the extent, such duty is covered by Provider's liability insurance. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees and subconsultants (collectively, Provider) against all damages, liabilities or costs, including reasonable attomey's fees and defense costs in connection with the Project,to the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any matter whatsoever for the other parry's own negligence. 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, creed, religion, sex,marital status, sexual orientation,gender identity, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89, race, color, creed,religion, sex, marital status,sexual orientation,gender identity,national origin,age,or disability. 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 set 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. LB 403 Contract Provisions. - NEW EMPLOYEE WORK ELIGIBILITY STATUS - The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing service within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a,known as the E-Verify Program,or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies: 1.The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb.Rev.Stat.§4-108. K. Certificate of Authorization. If this Agreement contemplates the performance of professional architecture or engineering work by the Provider, the Provider shall provide to the City,and maintain in good standing, a current Certificate of Authorization from the State of Nebraska as required by Neb. Rev.Stat.section 81-3436. L. Debarment or suspension by any federal agency. (This section applies if any part of this Agreement is funded by a federal agency.) Office of Management and Budget(OMB)guidelines require that any individual or entity that has been placed on the Excluded Parties List System("EPLS"-available for review through www.sam.gov) may not be a participant in a federal agency transaction that is a covered transaction or act as a principal of a person participating in one of those covered transactions. These guidelines apply to covered transactions under a grant from any federal agency for which a recipient expects to receive reimbursement for expenditures incurred or an advance on future expenditures. The Contractor providing goods and/or services to the City of Omaha certifies, by acceptance and execution of this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. The Contractor further agrees, by accepting and executing this Agreement, that it will include this clause without modification in all lower tier transactions,solicitations,proposals,contracts, and subcontracts. Where the Contractor or any lower tier participant is unable to certify this statement,it shall attach an explanation to this Agreement. M. 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 or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, national origin, age, or disability. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race,color,creed,religion,sex, marital status, sexual orientation, gender identity, national origin, age, or disability. As used herein, the word "treated" shall mean and include, without limitation,the following: recruited, whether by 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, color, creed, religion, sex, marital status, sexual orientation, gender identity,national origin,age,or disability. 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 applications for employment. 4) The Contractor shall furnish to the Human Rights and Relations Director 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 Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the Human Rights and Relations Director 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 for 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 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 necessary to protect the interests of the City and to effectuate the 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 Human Rights and Relations Director. 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 or purchase order so that such provisions will be binding upon each subcontractor or vendor. N. Conflict. In the event of any conflict between this Agreement and any of the exhibits attached hereto,the terms of this Agreement shall take precedence. 7)411 ! 6cA--• f EXECUTED this ` day of Olsson Associates Provider By A //(Title) EXECUTED this day of DGy ZO{ U . ATTEST CI F OMAHA A Municipal Corporation By City Clerk Mayor APPROVED AS TO FORM: Deputy City Attorney Revised: 11/2017 ASSOCIATES September 26, 2018 City of Omaha Public Works Department Attn: Mr. Kevin Daily 5225 Dayton Street Omaha, NE 68117 Re: Request for Proposal for On-call Snow Removal Inspection and Contract Administration Services for the City of Omaha 2018/2019 Winter Season Dear Mr. Daily, As you are aware, snow or ice events can not only prevent delay, but pose a safety concern for drivers and pedestrians. It is vital to have that snow or ice removed as quickly and efficiently as possible. Olsson Associates (Olsson) works to maximize efficiency in the field. With a vast on- site inspection crew, we have the capacity and capability to oversee field operations so that roads are clear and safe to travel. As project manager, you can be confident that if a problem arises, it will be addressed immediately, even in the toughest conditions. Our highly trained team utilizes the latest technology by making use of GPS tracking on our fleets to locate our vehicles in real-time, keeping our crews accountable, which saves time and money. Our use of Smartsheet provides accurate progress tracking with real-time updates to the city and accurately tracks discrepancies to aid with potential disputes. Olsson has had the fortunate opportunity to provide on-call snow removal services to the City of Omaha since the 2015 Winter season. Our working knowledge of the city and its practices will be enormously beneficial in regard to implementing best practices and keeping these projects on schedule and within budget. Olsson would appreciate the opportunity to provide our professional engineering services to the City of Omaha. We are confident you will find Olsson to be skilled and dedicated to achieving your goals and objectives. I will also contact you within a couple of weeks to set up a personal meeting. Should you have any questions or require additional information in the meantime, please contact me by phone at(402)672-8676 or MWeanderaolssonassociates.com Respectfully, p Y, /j oil __ \Aantler Ryan Amy a en4 - Martyetersen, P.E. Project Manager Project Manager Office Leader 2111 South 67th Street,Suite 200 TEL 402.341.1116 Omaha,NE 68106 FAX 402.341.5895 www.olssonassociates.com SUMMARY It is our understanding that the City of Omaha - Public Works ("Client") requests Olsson Associates, Inc. ("Olsson")to perform the services described herein pursuant'to the terms of this Letter Agreement for Professional Services, Olsson's General Provisions and any exhibits attached hereto (all documents constitute and are referred to herein as the "Agreement")for the Project. Olsson has acquainted itself with the information provided by Client relative to the Project and based upon such information offers to provide the services described below for the Project. Client warrants that it is either the legal owner of the property included in this Project or that Client is acting as the duly authorized agent of the legal owner of such property. Client acknowledges that it has reviewed the General Provisions and any exhibits attached hereto, which are expressly made a part of and incorporated into the Agreement by this reference. In the event of any conflict or inconsistency between this Letter Agreement, and the General Provisions regarding the services to be performed by Olsson, the terms of the General Provisions shall take precedence. Olsson shall provide the following services ("Scope of Services")to Client for the Project: When Olsson is contacted by the City of Omaha to respond to a snow event we will provide a maximum of 16 responders including vehicles. This staffing would allow for 8 primary responders and 8 secondary responders as needed for multiple pass storms or severe storms. We understand the scope of service is to monitor the snow removal contractors to verify hours, document completed snow routes, and remaining assigned streets to be cleared and keep City of Omaha abreast of their status. Olsson's fees are based on serving the SW areas of the City which correlates with the field office location. Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for such additional services (Optional Additional Services) at the standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses if any. Olsson shall not commence work on Optional Additional Services without Client's prior written approval. Olsson agrees to provide all of its services in a timely, competent and professional manner, in accordance with applicable standards of care,quality and scope. SCHEDULE FOR OLSSON'S SERVICES Unless otherwise agreed,•Olsson expects to perform its services under the Agreement as follows: Anticipated Start Date: Winter 2018/2019 Season Anticipated Completion Date: Conclusion of winter 2018/2019 Season COMPENSATION Client shall pay to Olsson for the performance of the Scope of Services a fixed hourly fee of Eighty-Four Dollars and Fifty Cents/hour ($84.50/hr) for each person (not to exceed $45,000) called into service for contractor observation. This is a loaded fixed fee which includes personnel and vehicles. Olsson's reimbursable expenses for this Project are included in the fixed fee. Olsson shall submit invoices on a monthly basis and payment is due within 30 calendar days of invoice date. Page 2 of 3 TERMS AND CONDITIONS OF SERVICE We have discussed with you the risks, rewards and benefits of the Project, the Scope of Services, and our fees for such services and the Agreement represents the entire understanding between Client and Olsson with respect to the Project. The Agreement may only be modified in writing signed by both parties. Client's designated Project Representative shall be Marty Weander, Construction Services Team Lead. If this Agreement satisfactorily sets forth your understanding of our agreement, please sign in the space provided below. Retain one original for your files and return an executed original to Olsson. By signing below, you acknowledge-thatyouu.haverfull.authority.tobind_ClienUo the terms of the Agreement. If you accept the terms set forth herein, please sign: CITY OF OMAHA PUBLIC WORKS By 1` , .M. ignature Print Name 4\U*(4 6• Peunrife. Title4SraeeWttWxf,lka.iee tljleti9- Dated (p r - Ziolg G:ISarpy\AdminILETPROP\Construction AdministrationtSnow 2018-2019118-09-20_FOPS City of Omaha Snow Inspection 2018- 2019.doc • Page 3 of 3 NO. 11 ) 7 Item Submitted By: Gary Pech Department: Public Works Council Meeting Date: December 4, 2018 Res. that, as recommended by the Mayor, the Professional Services Agreement with Olsson Associates in the amount of $45,000.00 to provide professional services on the 2018-2019 Residential Snow Plow Inspectors-Street Maintenance Project is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $45,000.00, from the Street And Highway Allocation Fund 12131, Snow And Ice Control Organization 116154, year 2018 expenditure.) Presented to City Council December 4, 2018 APPROVED 7-0 elizabeth Huller City Clerk