RES 2018-1000 - Professional Services Agmt - 2018-2019 Residential Snow Plow Inspectors _/ `„ 7 Public Works Department
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City of Omaha 4-CO Robert G.Stubbe,P.E.
a 4 Public Works Director
in co
Jean Stothert,Mayor `„
Honorable President •`p
CD
t
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement with Alfred
Benesch & Co. 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.
Alfred Benesch & Co. 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.
Alfred Benesch & Co. 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.
Re pectfully su miffed, Approved:
0.
:) ,4,.,---,L ..
ier Robert G. Stub 011 Date Franklin T. Thompso Date
Public Works Di -ctor Human Right's and Relations Director
Approved as to Funding: Referred to City Council for
Consideration:
-� —. -% /0 2 3 .l� �i- . ) - . 10/.Z Ce i
Step „n B. Curtiss Date Mayor's Office Date
Finance Director 's
223OCgrp
City Clerk Office Use Only:
RESOLUTION NO. tvo
Publication Date (if applicable):
)
Agenda I*S Date:
Department:Pt/bit')AW
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, Alfred Benesch & Co. 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,
WHEREAS, Alfred Benesch & Co. 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
Alfred Benesch & Co. 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.
2230grp APPROVED AS TO FORM
Mfr
2C—ITY ATTORNEY DATE
Adopted: NOV 0 6 Z018 14" (/1 •
Attest:
City C erk
Approved: �
Mayor
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 'y of aVembiz y and between the
City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the"City"),
and Alfred Benesch &Company (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.
H. 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 Jeffery Sockel, whose business address and phone number is 14748 W Center Rd,
Ste 200,Omaha,NE 68144,402-333-5792 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 REQUIREMENTS
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 attorney'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 attorney'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 party'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.
I. Strict Compliance. All provisions of this Agreement and each and every document that shall be
attached shall be strictly complied with as written, and no substitution or change shall be made except
upon written direction from authorized representative.
J. 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.
EXECUTED this 8th day of October , 2018
Alfred Benesch&Company
�--� Provider /�
/--�- By J 4 50214
ATTEST
SVP - Omaha Division Mgr
1 (Title)
EXECUTED this day of 1 J OVei ,,t/Vl__►�' _201
ATTEST CITY OF OMAHA,A Municipal Corporation
By
Ci lerk Mayor
APPROVED AS TO FORM:
Deputy City Attorney
Revised: 11/2017
./
benesch
Alfred Center
Company
14748 W.Centrater Road,Suite 200
Omaha,NE 68144-2029
www.benesch.com
P 402-333-5792
F 402=333.2248
September 25,2016
Mr. Kevin Daily
City of Omaha Public Works Dept
5225 Dayton Street
Omaha, NE 68117
RE:Proposal for Snow Inspection Services—Winter 2018-19
Dear Mr.Daily:
Pursuant to your request,the following is a proposal from Alfred Benesch&Co.(Benesch)to provide on-call
professional services related to snow removal operations to the City of Omaha. Benesc•h proposes the following:
• Provide on-call field observation and coordination with contracted snow removal companies for snow
areas or districts as assigned by the City of Omaha Street Maintenance Division.Activities will include
the scope of work outlined in the Scope of Work provided on 9/20/2018(attached).
• Provide up to 5 individuals for a single shift event or up to 3 individuals per shift for a multiple shift
event.
• Provide appropriate level of project management consisting mainly of event coordination,scheduling
and administration of project tasks.
The anticipation is that work will occur during up to 12-hour shifts defined as noon to midnight and vice versa.
The City will provide reasonable notification of the expected start time for each event that services will be
required.
Benesch designates Tim O'Bryan to be our Project Coordinator and primary contact for this project.A list of
staff,contact numbers,and other information will be provided to your designated personnel.
Compensation for these services will be on a fixed hourly rate of$98.00 for all personnel performing the services
identified above.This rate shall include any overtime,vehicle costs,equipment,or other related expenses
associated with performing the services identified.We understand work will be performed as requested and
payments issued under Purchase Orders provided by the City.
We appreciate this opportunity to continue to work with the City and your staff. If there are questions with this
proposal,please let me know.
Sincerely, ACC .
5124-(
Signature
Jeffery A.Sockel,PE
Sr Vice President-Omaha Division Manager <14
Printed Name
ATTACHMENT
Request for Proposals—On-call Snow Removal Inspection and Contract Administration Services
for the City of Omaha 2018/2019 Winter Season
SCOPE OF WORK
Proposals are currently being solicited for on-call snow removal inspection and contract
administration services for the 2018-2019 winter residential snow removal operations for the City
of Omaha, Nebraska.The work is similar in nature to construction inspection services. The
Offeror must be available on an as-needed basis and shall have the ability to report to the
assigned locations within 1 hour of assignment. Assignments are subject to be awarded 24 hours
per day, 7 days per week including Holidays for a period of November 1st thru April 15th.The
firm shall be able to provide these services for up to 72 hours of continuous operations per event.
The Offeror shall have dedicated personnel assigned solely to the City of Omaha's snow removal
operations throughout the duration of the assignment. Professional qualifications shall be
demonstrated in the areas of construction contract administration, reading and interpreting
specifications and standard drawings, using judgment to determine levels of completion during
the operation, negotiating deductions, and coordination with the owner and contractors. The
work is of a technical nature and requires professional and para-professional personnel working
under the supervision of a licensed and insured engineer, architect,or land surveyor.
PRESENTATION
Offerors must submit 1 copy of their proposals, printed or electronic,on or before 3:00 p.m.on
September 28, 2017 to be considered. Printed copies, if applicable, shall be delivered to the City
of Omaha Public Works Department, Street Maintenance Division Administrative Office at 5225
Dayton Street, Omaha, Nebraska,68117. Offerors should not include any unnecessarily
elaborate promotional material. Lengthy narrative is discouraged and proposals should be brief,
clear and concise.
TECHNICAL PROPOSAL
Qualifications, Relevant Experience and References
This section of the proposal shall establish the ability of the Offeror to satisfactorily perform the
required work by reasons of: experience in performing work of a similar nature to the Scope of
Work; proven competence in the services to be provided; strength and stability of the firm;
staffing capability; current work load;track record of meeting schedules on similar projects and
supportive client references.The Offeror shall: (a)Provide a brief profile of the firm, including the
types of services offered;the year founded; form of the organization(corporation, partnership, or
sole proprietorship); number, size and location of offices; and total number of employees. (b)
Provide a general description of the firm's financial condition and identify any conditions(e.g.
bankruptcy, pending litigation, planned office closures, impending merger,etc.)that may impede
the Offeror's ability to provide these services.
(c) Describe the firm's experience in performing work of a similar nature to that solicited in this RFP,
and highlight the participation in such work by the key personnel proposed for assignment to the
City. (d)Describe specialized training, experience and professional competence in the area
directly related to this RFP. (e)Identify sub-consultants by company name, address, contact
person, telephone number and project function, if applicable.The list should include a summary
of the roles and responsibilities of each sub-consultant.
l
1
Proposed Team
This section of the proposal shall establish the method that will be used by the Offeror to provide
requested services as well as identify key personnel assigned. The Offeror shall: (a) Provide the
education,training,experience and applicable professional credentials of the proposed Project
Manager. (b)Furnish brief résumés(two pages maximum per resume)for the proposed Project
Manager and key personnel (including sub-consultants). (c) Identify key personnel proposed to
perform the specified tasks and include major areas of sub-consultant work. (d)Include a
statement that key personnel will be available to the extent proposed for the duration of the
required services acknowledging that no person designated as"key"shall be removed or
replaced without the prior written concurrence of the City of Omaha. Firms will be awarded no
more than 125 lane miles per inspector available.
A Project Manage shall be appointed for all coordination of activities including scheduling and
administration of inspection/observation duties for inspectors and shall serve as the point of
contact.The project manager can be counted as an inspector if that person will also conduct
inspection services.
Detailed Work Plan
The Offeror shall provide a narrative addressing the Scope of Work and demonstrating the
Offeror's understanding of the City of Omaha's needs and requirements. The Offeror shall: (a)
Describe the proposed approach and work plan for completing the services specified in the
Scope of Work. The description of the proposed approach shall discuss the services in sufficient
detail to demonstrate the Offeror's ability to accomplish the City's objectives. (b)Describe
approach to managing resources, including a description of the role(s)of any sub consultants, if
applicable, their specific responsibilities, and how their work will be supervised. Identify methods
that Offeror will use to ensure quality, budget, and schedule control.
Exceptions and Deviations
State any exceptions or deviations from the requirements of this RFP.Where the Offeror wishes to
propose alternative approaches to meeting the City of Omaha's requirements, these shall be
thoroughly explained.
Fee
Proposed Schedule of Hourly Rates shall be submitted in the proposal. The offeror shall provide
Hourly Rates to perform the scope of services.A single, all-inclusive rate shall be submitted to
include personnel,vehicle costs, project manager and/or principal fees for program management
and oversight, review of contractor invoices, and other administrative functions that may be
assigned after completion of the snow operations.
1
NO. ItUJ Via)
Item Submitted By: Gary Pech
Department: Public Works
Council Meeting Date: November 6, 2018
Res. that, as recommended by the Mayor, the Professional Services Agreement with Alfred
Benesch & Co. 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
November 6, 2018
APPROVED 7-0
&IIzabetli 13iitler
City Clerk