RES 2018-0473 - Agmt with JEO Consulting Group Inc for OPW 53391, Q St bridge at 136th St approach replacement project 1
�MAHA,^,E r+ �`1 _ _
of Y 6.p riF 4.,. k� +�j
�aA al ► � - L-•' Public Works Department
-ffd ' �0, p ri ,
Omaha/Douglas Civic Center
t �� 1 5 2018 _`� � 1819 Farnam Street,Suite 601
.,S i.C1 �! "' MA Omaha,Nebraska 68183-0601
Po* $yry (402)444-5220
ap�D FeaRur C I i C E~~.'R Fax(402)444-5248
Ci? tll' � f
City of Omaha ¢�, �'�r�� f�� Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members Of the City Council,
Transmitted-herewith is a Resolution .approving.a Professional Services Agreement With JEO
Consulting Group, Ind. to provide professional services on OPW 53391, being the 0 Street Bridge
at 136th Street Bridge Approach Replacement Project.
This Agreement includes design services, and additional services as identified in the attached
agreement.
JEO Consulting Group, Inc. has agreed to perform these services. for a fee not to exceed,
$38,260.00, to be paid from the Street Arid-Highway Allocation Fund 12131, Bridge Maintehance .
& Rehabilitation Organization 116164, year.2018 expenditure.
JEO Consulting Group, Inc. has filed the required Contract Compliance Report, Form CC-1, as
determined by the Human Rights and Relations Department.
The Public Works Department request's your consideration and approval of the attached
Resolution and Agreement.
Respectfully submi d, _Ap roved* ,_.--;
C 0.4-- -37t.r. . 9-7/S -ie ,
I, ,,,,,,mat 1/747--/s2 .
Robert G. Stubbe, P.E. Date Franklin Thompson Date
Public Works Director Human Rights and Relations Director
Approved as to Funding: Referred to City Council for
Consideration:
/11,--- .04 evil
, --__J,L,A,Sb67-..Filed__ i-vvits-
°(//C
Step len B. Curtiss A,4,0 Date Mayor's Office [ 'ate
Finance Director
2116Cgrp
C-25A
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 OPW 53391
being the Q Street Bridge at 136th Street Bridge Approach Replacement Project; and,
WHEREAS, JEO Consulting Group, Inc. 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, JEO Consulting Group, Inc. has agreed to perform these services for a fee not
exceed $38,260.00 to be paid from the Street And Highway Allocation Fund 12131, Bridge
Maintenance & Rehabilitation Organization 116164, 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 JEO
- Consulting Group, Inc. to provide professional services on OPW 53391 being the Q Street Bridge
at 136th Street Bridge Approach Replacement Project, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee not to exceed $38,260.00 from
the Street And Highway Allocation Fund 12131, Bridge Maintenance & Rehabilitation
Organization 116164, year 2018 expenditure.
2116grp APPROVED AS TO FORM
LT-Y-ATTORNEY DATE
By
4n, .�. .4?
MAY 1 5 Z01 ou015r
Adopted
City Clerk
Approved
Mayor
PROFESSIONAL SERVICES AGREEMENT nn
THIS AGREEMENT is hereby made and entered into this May day of GV I8 ,by and between the
City of Omaha, a municipal corporation located in Douglas County,Nebrask ereinafter referred to as the"City"),
and JEO Consulting Group, Inc. (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
OPW 53391, Q Street Bridge at 136th Street Bridge Approach Replacement, This project will include the
removal and replacement of both east and west bridge approaches to bridge number U182502820 located on
Q Street at approximately 136th Street. This will also include minor repairs to the abutments on both sides,
sidewalk repairs,patching on the deck and repairs to railing.
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 120 day period after receipt of a purchase
order from the City.
B. Provider designates Steve Arens, whose business address and phone number is 2700 Fletcher Avenue,
Lincoln,NE 68504,(402)474-8782 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 120 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 Everett Owen, whose business address and phone number are 5225 Dayton Street, Omaha,
Nebraska 68117 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$38,260.00. 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 fmal 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. 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 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 unfmished 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 fmancial 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 \E) '' day of Aff i 1 , apt$
JEO Consulting Group,Inc.
Provider
BY hr4(73/
ST
(Title)
EXECUTED this I-44‘.day of M akA
ATTEST CITY F O ,A Municipal Corporation
By
City Cler pamayor
APPROVED AS TO FORM:
/ft ?.SW
Deputy City Attorney
Revised: 11/2017
° AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
Exhibit B—Scope of Services for OPW-53391
JEO Project Number: 180232.00
This project includes the bridge repairs and maintenance to city bridge structure (U182502820) located on Q
Street,approximately%mile east of 138th Street. The bridge was originally built in 1980 under city project SP
78 4A.
JEO will provide design and detailing necessary for plans and specifications for a local bid letting,through the
City of Omaha. The bridge plans will use current AASHTO and NDOT bridge design standards with detailing
done in the current version of Microstation V8i. The plans will use the current City of Omaha standard 22x34
full size border. The project will use current NDOT Standard Specifications and current City of Omaha Standard
Specifications.
U182502820 Repairs:
- Abutment repairs&modifications associated with eliminating superstructure rotation and sliding
- New approach slabs at both ends
- New sloped concrete barrier end section with curb transitions on approach slabs
- New grade beam with new helical piles and associated changes to move expansion to the new
grade beam
- Partial&full depth deck repairs for delamination and spalls.
The bridge construction will be completed under traffic. Two lanes of traffic will remain open for the duration
of construction. JEO will provide phased traffic plans for the road at the bridge. It is assumed all work will be
within the existing right-of-way. No permits will be required for this repair/maintenance work. Coordination
with utilities will occur through One Call service ticket. Geotechnical investigation will be completed as a part
of this agreement. The work will include preforming two borings. The samples will be collected/tested and a
report will be completed summarizing the findings. This work will be completed by Thiele Geotech Inc.
The project will not include any formal design review meetings with the city of Omaha. There will be two
submittals to the city for review:30%plan review and 100% plan review. An opinion of probable cost will be
included with the 30%and 100%submittals. No survey will be performed. Plans will utilize as-built plan,field
measurements,and photos as necessary.
Deliverables for the project will include final stamped and signed plans with any special provisions in PDF
format to be used for bidding purposes by the City of Omaha. Microstation files will be converted to AutoCAD
and provided for use by the City of Omaha.
Services not included:
1.) Deck overlay design,girder or bearing repair,or any other repair/design not noted above.
These items assume that the city will:
1.) Provide all existing drawings needed for the design and drawings.
2.) Perform any public meeting and provide any information to the public.
3.) Perform bidding services.
4.) Perform construction services.
Page 1 of 2
Approximate Time Frame:
Notice to Proceed April 25,2018
30%Design Submittal May 31,2018
100%Design Submittal July 12,2018
Project Letting by City of Omaha August 2018
Fee: The fees for the Scope of Services above are shown in Exhibit C and are to be billed on an hourly basis.
Our total estimated cost is$38,260.00. Additional Services for work outside the scope,as requested by
the City of Omaha,will be billed at our standard hourly rates.
Page 2 of 2
Exhibit B
JEO CONSULTING GROUP INC • JEO ARCHITECTURE INC
1.SCOPE OF SERVICES: JEO Consulting Group, Inc (JEO) shall same locality.JEO makes no warranties,express or implied,under
perform the services described in Exhibit B. JEO shall invoice the this agreement or otherwise,in connection with JEO's services.
owner for these services at the fee stated in Exhibit C.
JEO shall be responsible for the technical accuracy of its services
2.ADDITIONAL SERVICES: JEO can perform work and documents resulting therefrom,and the owner shall not be
beyond the scope of services, as additional services, for a responsible for discovering deficiencies therein.JEO shall correct
negotiated fee or at fee schedule rates. such deficiencies without additional compensation except to the
extent such action is directly attributable to deficiencies in owner
3.OWNER RESPONSIBILITIES: The owner shall provide all criteria furnished information.
and full information as to the owner's requirements for the project;
designate and identify in writing a person to act with authority on 7.REUSE OF DOCUMENTS: Reuse of any materials
the owner's behalf in respect to all aspects of the project;examine (including in part plans,specifications,drawings,reports,designs,
and respond promptly to JEO's submissions; and give prompt computations,computer programs,data,estimates,surveys,other
written notice to JEO whenever the owner observes or otherwise work items,etc.)by the owner on a future extension of this project,
becomes aware of any defect in work. or any other project without JEO's written authorization shall be at
the owner's risk and the owner agrees to indemnify and hold
Unless otherwise agreed,the owner shall furnish JEO with right-of- harmless JEO from all claims, damages,and expenses including
access to the site in order to conduct the scope of services. Unless attorney's fees arising out of such unauthorized use.
otherwise agreed, the owner shall also secure all necessary
permits,approvals, licenses,consents,and property descriptions S.ELECTRONIC FILES: Copies of Documents that may be
necessary to the performance of the services hereunder.While JEO relied upon by the owner are limited to the printed copies(also
shall take reasonable precautions to minimize damage to the known as hard copies)that are signed or sealed by JEO.Files in
property,it is understood by the owner that in the normal course electronic media format of text,data,graphics,or of other types
of work some damage may occur,the restoration of which is not a that are furnished by JEO to the owner are only for convenience of
part of this agreement. the owner. Any conclusion or information obtained or derived
from such electronic files shall be at the user's sole risk.
4.TIMES FOR RENDERING SERVICES: JEO's services a.Because data stored in electronic media format can
and compensation under this agreement have been agreed to in deteriorate or be modified inadvertently or otherwise without
anticipation of the orderly and continuous progress of the project authorization of the data's creator,the party receiving electronic
through completion. Unless specific periods of time or specific files agrees that it shall perform acceptance tests or procedures
dates for providing services are specified in the scope of services, within 30 days,after which the receiving party shall be deemed
JEO's obligation to render services hereunder shall be for a period to have accepted the data thus transferred.Any errors detected
which may reasonably be required for the completion of said within the 30 day acceptance period shall be corrected by the
services. party delivering the electronic files.JEO shall not be responsible
to maintain documents stored in electronic media format after
If specific periods of time for rendering services are set forth or acceptance by the owner.
specific dates by which services are to be completed are provided, b.When transferring documents in electronic media format,JEO
and if such periods of time or date are changed through no fault of makes no representations as to long term compatibility,
JEO,the rates and amounts of compensation provided for herein usability,or readability of documents resulting from the use of
shall be subject to equitable adjustment. If the owner has software application packages,operating systems,or computer
requested changes in the scope,extent,or character of the project, hardware differing from those used by JEO at the beginning of
the time of performance of JEO's services shall be adjusted the project.
equitably. c.The owner may make and retain copies of documents for
information and reference in connection with use on the project
5.INVOICES: JEO shall submit invoices to the owner monthly by the owner.
for services provided to date and a final bill upon completion of d.If there is a discrepancy between the electronic files and the
services. Invoices are due and payable within 30 days of receipt. hard copies,the hard copies govern.
Invoices are considered past due after 30 days. Owner agrees to e.Any verification or adaptation of the documents by JEO for
pay a finance charge on past due invoices at the rate of 1.0%per extensions of the project or for any other project shall entitle JEO
month,or the maximum rate of interest permitted by law. to further compensation at rates to be agreed upon by the owner
and JEO.
If the owner fails to make any payment due to JEO for services and
expenses within 30 days after receipt of JEO's statement,JEO may, 9.SUBCONSULTANTS: JEO may employ consultants as JEO
after giving 7 days'written notice to the owner,suspend services deems necessary to assist in the performance of the services.JEO
to the owner under this agreement until JEO has been paid in full shall not be required to employ any consultant unacceptable to
all amounts due for services,expenses,and charges. JEO.
6.STANDARD OF CARE: The standard of care for all services 10.INDEMNIFICATION: To the fullest extent permitted by law,
performed or furnished by JEO under the agreement shall be the JEO and the owner shall indemnify and hold each other harmless
care and skill ordinarily used by members of JEO's profession and their respective officers,directors, partners,employees, and
practicing under similar circumstances at the same time and in the consultants from and against any and all claims,losses,damages,
and expenses(including but not limited to all fees and charges of
Page 1 of 2-Revision 2
Exhibit B
JEO CONSULTING GROUP INC ■ JEO ARCHITECTURE INC
engineers, architects, attorneys, and other professionals,and all 14.SUCCESSORS,ASSIGNS,AND BENEFICIARIES: The owner
court or arbitration or other dispute resolution costs)to the extent and JEO each is hereby bound and the partners, successors,
such claims, losses, damages, or expenses are caused by the executors,administrators and legal representatives of the owner
indemnifying parties'negligent acts,errors,or omissions. In the and JEO are hereby bound to the other party to this agreement and
event claims,losses,damages,or expenses are caused by the joint to the partners, successors, executors, administrators and legal
or concurrent negligence of JEO and the owner, they shall be representatives(and said assigns)of such other party,with respect
borne by each party in proportion to its negligence. to all covenants,agreements and obligations of this agreement.
a.Neither the owner nor JEO may assign,sublet,or transfer any
11.INSURANCE: JEO shall procure and maintain the rights under or interest (including, but without limitation,
following insurance during the performance of services under this monies that are due or may become due) in this agreement
agreement: without the written consent of the other,except to the extent
a.Workers'Compensation:Statutory that any assignment, subletting, or transfer is mandated or
b.Employer's Liability restricted by law.Unless specifically stated to the contrary in any
I.Each Accident:$500,000 written consent to an assignment,no assignment shall release or
ii.Disease,Policy Limit:$500,000 discharge the assignor from any duty or responsibility under this
iii. Disease,Each Employee:$500,000 agreement.
c.General Liability b.Unless expressly provided otherwise in this agreement:
I.Each Occurrence(Bodily Injury and Property Damage): Nothing in this agreement shall be construed to create,impose,
$1,000,000 or give rise to any duty owed by the owner or JEO to any
ii.General Aggregate:$2,000,000 contractor,contractor's subcontractor,supplier,other individual
d.Auto Liability or entity,or to any surety for or employee of any of them.
i.Combined Single:$1,000,000 c.All duties and responsibilities undertaken pursuant to this
e.Excess or Umbrella Liability agreement shall be for the sole and exclusive benefit of the
I.Each Occurrence:$1,000,000 owner and JEO and not for the benefit of any other party.
ii.General Aggregate:$1,000,000
f.Professional Liability: 15.PRECEDENCE: These standards,terms,and conditions shall
i.Each Occurrence:$1,000,000 take precedence over any inconsistent or contradictory language
II.General Aggregate:$2,000,000 contained in any proposal,contract,purchase order, requisition,
g.All policies of property insurance shall contain provisions to notice to proceed,or like document regarding JEO's services.
the effect that JEO and JEO's consultants'interests are covered
and that in the event of payment of any loss or damage the 16.SEVERABILITY: Any provision or part of the agreement held
insurers shall have no rights of recovery against any of the to be void or unenforceable shall be deemed stricken, and all
insureds or additional insureds thereunder. remaining provisions shall continue to be valid and binding upon
h.The owner shall require the contractor to purchase and the owner and JEO, who agree that the agreement shall be
maintain general liability and other insurance as specified in the reformed to replace such stricken provision or part thereof with a
Contract Documents and to cause JEO and JEO's consultants to valid and enforceable provision that comes as close as possible to
be listed as additional insured with respect to such liability and expressing the intention of the stricken provision.
other insurance purchased and maintained by the contractor for
the project. 17.NON-DISCRIMINATION CLAUSE: Pursuant to Neb.
i.The owner shall reimburse JEO for any additional limits or Rev.Stat.§73-102,the parties declare,promise,and warrant that
coverages that the owner requires for the project. they have and will continue to comply fully with Title VI of the Civil
Rights Act of 1964,as amended(42 U.S.C.A§1985,et seq.)and the
12.TERMINATION: This agreement may be terminated by either Nebraska Fair Employment Practice Act,Neb.Rev.Stat.§48-1101,
party upon 7 days prior written notice. In the event of termination, et seq., in that there shall be no discrimination against any
JEO shall be compensated by owner for all services performed up employee who is employed in the performance of this agreement,
to and including the termination date. The effective date of or against any applicant for such employment, because of age,
termination may be set up to thirty(30)days later than otherwise color,national origin,race,religion,creed,disability or sex.
provided to allow JEO to demobilize personnel and equipment
from the site,to complete tasks whose value would otherwise be 18.E-VERIFY: JEO shall register with and use the E-Verify
lost, to prepare notes as to the status of completed and Program, or an equivalent federal program designated by the
uncompleted tasks,and to assemble project materials in orderly United States Department of Homeland Security or other federal
files. agency authorized to verify the work eligibility status of a newly
hired employee pursuant to the Immigration Reform and Control
13.GOVERNING LAW: This agreement is to be governed by Act of 1986, to determine the work eligibility status of new
the law of the state in which the project is located. employees physically performing services within the state where
the work shall be performed.Engineer shall require the same of
each consultant.
Page 2 of 2-Revision 2
Exhibit C m d d
Hourly Fee Breakdown c m a t �y m ,� m c c c y
City of Omaha-OPW-53391 ti t eo an d y W W 2 = LL
JEO Project Number:180232.00 d d Lg Oi d 0 c m LL " t m r d d
2/26/2012 « . m 'g d d To E 1 d d -. o 0
ind vi a W Pm` F mor a. a.
$ 175.00 $ 175.00 $ 150.00 $ 125.00 $ 175.00 $ 80.00
Project Management 16 0 0 0 0 0 16 $ 2,800.00
Project Management 16 16
0
Field Work 0 0 6 0 0 0 6 $ 900.00
Site Visit/Field Measurements 6 6
Bridge Design/Sheets 2 6 56 63 8 103 238 $ 27,315.00
Structure:U182502820
Cover Sheet/Index 2 2 2 6
General Notes/Quantities 4 6 4 14
General Plan and Elevation 4 6 8 18
Phasing Details 2 4 6 12
Removal Details 6 6 8 20
Geological Profile and Pile Layout 4 6 8 18
Abutment Repair&Modification Details 4 4 8 16
Turndown Modification Details 4 4 8 16
Abutment Backfill&Drainage Details 4 6 12 22
Grade Beam Details 4 4 8 16
Approach Slab Details 4 6 12 22
Approach Barrier Details 2 2 8 12
Partial&Full Depth Deck Repairs 1 1 2
Bill of Bars 4 4 8 16
Quality Control 2 4 2 8
Utility Coordination 2 2
Opinion of Probable Cost 2 6 2 10
Traffic Control Plan 8 8
Bidding Administration 1 0 2 0 0 0 3 $ 475.00
Bidding Questions 1 2 3
Construction Administration 1 0 4 0 0 0 5 $ 775.00
Construction Questions 1 4 5
Geotechnical Investigation $ 5,995.00
Thiele Geotech Inc.(Two borings with report)
TOTAL 19 6 58 63 8 103 257 $ 38,260.00
NOTE:Hourly rates include costs of reimbursable expenses including meals,travel,etc.
NO. f l3
Item Submitted By: Gary Pech
Department: Public Works
Council Meeting Date: May 15, 2018
•
Res. that, as recommended by the Mayor, the Professional Services Agreement with JEO
Consulting Group, Inc., in the amount of $38,260.00, to provide professional services on OPW
53391, being the Q Street Bridge at 136th Street Bridge Approach Replacement Project, is
hereby approved. (The Finance Department is authorized to pay a fee not to exceed
$38,260.00, from the Street and Highway Allocation Fund 12131, Bridge Maintenance &
Rehabilitation Organization 116164, year 2018 expenditure.)
Presented to City Council
May 15, 2018
APPROVED 7-0
Slizabeth &tler
City Clerk