RES 2018-0365 - Agmt with Giff Property Services inc for OPW 52470 (CSO), Forest Lawn Sewer Separation }
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City of Omaha ��� . lv `; } 4,. ." 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 Giff
Property Services, Inc. to provide professional services on OPW 52470 (CSO), being the Forest
Lawn Sewer Separation - Forest Lawn Ave. from N. 36th to John J. Pershing Dr. Project.
This Agreement includes services to evaluate impacts to the subject properties affected by the
project resulting from acquistion of fee simple, permanaeht easements, and temporary easements
rights by the acquiring agency, as identified in the attached agreement.
Giff Property Services, Inc. has agreed to perform these services for a fee not to exceed,
$25,000.00, to be paid from the Sewer Revenue Irnprovenients Fund 21124, CSO Control
Implementation Organization 116918, year 2018 expenditure.
Giff Property Services, Inc. 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.
R pectfully submitted; A rov 'd
'•?7-/v ,� PU Z
Ro ert G. Stubbe, P.E. Date Franklin Tho Son 4- --1?
Date
Public Works Director Human Rights and Relations Director
Approved as to Funding: Referred to City Council for
Consideration:
"/—4 4--7., le .<,1,0„,, q2teA__. (-)../. //&--
Step en B. Curtiss ate Mayor's Office Date
Finance Director '"Db
2103Cgrp
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 52470
(CSO) being the Forest Lawn Sewer Separation - Forest Lawn Ave. from N. 36th to John J.
Pershing Dr. Project; and,
WHEREAS, Giff Property Services, 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, Giff Property Services, Inc. has agreed to perform these services for a fee not
exceed $25,000.00 to be paid from the Sewer Revenue Improvements Fund 21124, CSO Control
Implementation Organization 116918, 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 Giff •
Property Services, Inc. to provide professional services on OPW 52470 (CSO) being the Forest
• Lawn Sewer Separation-Forest Lawn Ave.from N. 36th to John J. Pershing Dr. Project, is hereby
approved.
BE IT FURTHER RESOLVED: •
THAT, the Finance Department is authorized to pay a,fee not to exceed $25,000.00 from
the Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization
116918, year 2018 expenditure.
2103grp APPROV D AS TO FORM
SIT-rATTORNEY DATE
IS44"4"
By pC er
APR 7 I 20�O i^D
Adopted , 1
City Clerk,
Approved ,, +— •`{JIXl�—
Mayor
•
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of , , by and between the
City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the"City"),
and Giff Property Services (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 52470, Forest Lawn Sewer Separation - Forest Lawn Ave. from N. 36th to John J. Pershing Dr.,
Appraisal Services.
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 120 day period after receipt of a purchase
order from the City.
B. Provider designates Marty Giff, whose business address and phone number is 2211 Thurston Circle,
Bellevue,Nebraska 68005,402-557-5999 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. DU VIES OF CITY
City designates Tom Lund, whose business address and phone number are 1819.Farnam Street, Omaha,
Nebraska 68183, 402-444-5237 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$25,000.00. Detailed breakdown of costs shall be shown in Exhibit`B".
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. 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.
i
EXECUTED this l° day of.JC ,c , 2 0l .
Giff Property Services
Prov,e)fae .
By
ATTEST
Anr -41-16
letn-
/ (Title)
EXECUTED this L day of cipKi I , zcI 8".
ATTEST CI F OMAHA,A Municipal Corporation
By
City C1 rk Mayor
APPROVED AS TO FORM:
1w7 g'
Deputy City Attorney
Revised: 11/2017
•
•
• PROPOSAL
January 5,2018
City of Omaha
Public Works Department •
c/o Mr.Tom Lund
1819 Farnam Street
Omaha,Nebraska 68183
Tom.Lund@ci.omaha.ne.gov
Re: Forest Lawn Creek Sewer Separation Project
OPW 52470(CSO) . •
Omaha,Nebraska
Dear Mr.Lund,
Per our recent conversation I would be interested in preparing the property appraisals needed to
acquire property rights for acquisition negotiations on the parcels affected by the above project.
I am aware that this is not a-Federal Aid Project. Based on my analysis of construction plans for
the affected properties it does not appear that any building structures are affected and only land
value appraisals are needed. I believe that Compensation Estimate and Short Form style
appraisal formats that complies with the NDOR requirements will be applicable.
The Compensation Estimate format may be used for uncomplicated acquisitions,where only the
part taken need be valued, and where total compensation must not exceed$10,000. The Short
Form format may be applied for uncomplicated,whole or partial acquisitions where the highest
and best use of the property is its present use and not changed by the acquisition,and where
compensation is anticipated to exceed$10,000 exclusive of fence repairs and/or replacements.
A project report will also be needed to provide support for the land values of the affected
properties. The projected cost for appraisal services is as follows:
6 Compensation Estimate ® $1,500 = $ 9,000
5 Short Form @ $1,800 = $ . 9,000
11 Tract Appraisal Reports $ 18,000
1 Project Report-3 property types @ $2,000 = • $ 3,000
$ 21,000 •.
15%Modification Contingency Fee $ 4,000 .
Not to Exceed Fee $ 25,000
•
1
DPW 52470 V
Other Possible Charges:
This proposal is based on the City of Omaha personnel providing written contractor estimates to
Appraiser for all Cost to Cure items,which are all private improvements that are to be damaged
or removed during the Project, and not repaired or replaced by the Contractor. This includes
fencing,lawn sprinklers,landscaping,yard sheds,patios,etc. If the Appraiser is required to
acquire written contractors bids for any cost-to-cure items,an additional Contractor Bid Fee of
$200 per hour,plus direct bid acquisition costs,will apply. ;
If any documents applicable to the design,legal descriptions, ownership,appraisal report form,
etc. of the Project are changed or altered after being provided to the Appraiser at the initiation of
this appraisal assignment,an additional Document Modification Fee will apply at an hourly rate
of$200 per hour for time incurred'modifying appraisal documents.
If condemnation is required to acquire the needed property rights,an additional Expert Witness
Fee at$250 per hour will apply for court preparation and testimony.
The Appraiser will provide.one(1)electronic(pdf format)copy to the client.
Delivery of the appraisal reports is estimated to be within 45 days of acceptance of this proposal
and delivery of all Project documents. Payment for appraisal services will be made within 30
days of delivery of any completed report,or late fees may apply.
Sincerely,
ri
01/05/2018
Acceptance: . • V �:
Marty Giff
• MGiff @Giffps.com Date:
•
Attachments:
1. . Scope of the Appraisal Assignment
•
2
DPW 52470
•
Scope of Appraisal Assignment
January5,2018
City of Omaha
Public Works Department
• Forest Lawn Creek Sewer Separation Project
OPW 52470(CSO)
Omaha,Nebraska
The appraisal assignment(s)associated with this project will be to evaluate the impacts to the
subject properties affected by the project resulting from acquisitions of fee simple,permanent
easements,and temporary easement rights by the acquiring agency.
The appraisals are to comply with NDOR Right-of-Way Acquisition Guidelines,February,2009.
Compensation Estimate and Short Form appraisal formats will be prepared to be used for
negotiations for each property impacted by the project.
The appraiser will personally inspect all the properties affected by the project.
Through the appraiser's review of the subject properties being affected by the project and the
- ' salient facts associated with themarket-comparables in the area,it is anticipated that,a range of - -
property types,land uses, and land values will be developed. A distinct unit value should be
established for each property type,with the property types determined by highest and best use.
In an effort to ensure Good Faith negotiations,the goal of the appraisal process is to demonstrate
fair and reasonable compensation calculations relative to the respective property rights needed to
complete the above identified public improvement project. The Appraiser should give the
property owners the benefit of all doubts when concluding unit values from the ranges of the
comparables considered to value the properties affected.
•
If good faith negotiations are unsuccessful and eminent domain is necessary,then Before&After
Appraisals with updated effective dates and comparables will be prepared on each property
(separate assignment engagement). Any updated appraisal will consider the individual,unique
and specific characteristics of the property being condemned,which may result in different unit
value conclusions than offered for negotiated settlements.
Appraiser to be provided with the following by the acquiring agency:
• Complete set of ROW plans,Removal plans, and Construction Plans in electronic format
• A recent title search for each impacted property(If title searches are not provided, ownership
will be as indicated by the County Assessor)
• Leases are not to be provided to the appraiser,and tenant interests are not to be separated in
compensation summary
• Tract Drawings clearly identifying fee simple acquisitions,permanent easements,and
temporary easement areas in metes and bounds and plat formats • .
3
OPW 52470
• Permanent Easement document describing the purpose and property uses(rights)being
acquired by the acquiring agency, and describing the property uses remaining for property
owner
• Purpose and maximum term of temporary easements
Cost to Cure Items
Lawn Sprinklers-
• any damages to lawn sprinklers to be repaired by project contractor •
Landscaping-
• property owner to be compensated to replace any removed landscaping based on a bid to
replace by a local nursery(1)
Riectrical-
• property owner to be compensated to replace any removed electrical services(1)
Fencing- i
all existing fencing to be removed by project contractor
- • property owner to be compensated cost new to replace any removed fencing based on a.bid to,
replace(1)
• temporary fencing to be installed and removed by project contractor
(1) Omaha Public Works personnel to provide written contractor bids to replace
•
•
•
•
4
NO. 5L05
Item Submitted By: Gary Pech
Department: Public Works
Council Meeting Date: April 17, 2018
Res. that, as recommended by the Mayor, the Professional Services Agreement with Giff
Property Services, Inc. to provide professional services on OPW 52470 (CSO), being the Forest
Lawn Sewer Separation - Forest Lawn Ave. from N. 36th to John J. Pershing Dr. Project, is
hereby approved. (The Finance Department is authorized to pay a fee not to exceed
$25,000.00, from the Sewer Revenue Improvements Fund 21124, CSO Control Implementation
Organization 116918, year 2018 expenditure.)
Presented to City Council
April 17, 2018
APPROVED 7-0
&Izabetl% /'utter
City Clerk