RES 2018-1117 - 2018-2019 Residential Snow Plow Inspectors-Street Maintenance - Olsson Associates 01114A,A'40
`, � �, Public Works Department
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2 7. t ���-`� r 1819 Famam Street,Suite 601
op 7- ' .'`"'ti DEC 0 4 2018 Omaha,Nebraska 68183-0601
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City of Omaha O Robert G.Stubbe,P.E.
Jean Stothert,Mayorgi Public Works Director
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Honorable President :"
oa
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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
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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
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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.
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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