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RES 2017-0797 - Agmt with John A Moran & Associates LLC for OPW 50677, 156th St from Pepperwood Dr to Corby St project Q MAHQA,n,E � 8 � Public Works Department [ty Omaha/Douglas Civic Center x ►4akC k� June 20, 2017 n� �..fLtfo� 1819 Farnam Street,Suite 601 O , ik Omaha,Nebraska 68183-0601 (402)444-5220 rED FEER` * Fax(402)444-5248 City of Omaha 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 John A. Moran & Associates, LLC to provide professional appraisal services on OPW 50677, also known as MAPA-5127(1), CN 22376, being the 156th Street - Pepperwood Drive to Corby Street Project. The scope of services is included in the Agreement, and includes appraisal services for the project area as identified in the attached agreement. John A. Moran & Associates, LLC has agreed to perform these services for a fee not to exceed, $94,185.00 The project is to be paid as a part of the 2017-2022 Capital Improvement Program Transportation Project 408 from the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117. John A. Moran &Associates. LLC has filed the required Contract Compliance Report, Form CC- in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Approved: 17 '04_,t4-71-1(.-_, 4 _I- / 7 /5 /7 Robert G. Stubbe, P.E. Date pen er K. Danner r. Date Public Works Director Human Rights and Rel tions Director Approved as to Funding: Referred to City Council for Consideration: s dn^^ / 07 �J ,( l S Steph B. Curtiss Date Mayor's Office Date Finance Director :'") 1725Chra PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this?©day of 2 0r7 , by and between the City of Omaha, a municipal corporation located in Douglas County,Nebrask ereinafter referred to as the"City"), and John A. Moran & Associates, LLC (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 MAPA-5127(l), C.N. 22376, OPW 50677, 156th Street- Pepperwood Drive to Corby Street, 156th Street- Pepperwood Drive to Corby Street(Roadway Project). 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 John Moran, whose business address and phone number is 1011 South 78th Street Omaha,Nebraska 68114,(402)397-2280 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 Autumn Evans, whose business address and phone number are 1819 Farnam Street, Omaha NE 68183, (402)444-5242 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence for 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$94,185.00. 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 construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modifications to the construction 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 construction documents by the City,regardless of whether such reuse or modification is for use at the Project site or another site. 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. 13. 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 ky.any federal agency. (This section applies if any of this Agreement is funded la 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 10192 to 10194, 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 10193 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 10 day of (\i)a v John oran s ciates LLC fa it Provi By ATTEST r 0 etOr' (Titl EXECUTED this-LL day of j,//? , ga•pj • ATTEST CITY OF OMAHA,A Municipal Corporation By City Clerk Mayor APPROVED AS TO FORM: > ✓� Depu City Attorney Revised: 1/2017 JOHN A. MORAN & ASSOCIATES, LL,C 1011 South 78tI Street Omaha, Nebraska 68114 . Telephone(402)397-2280 jamorannmoranappraisals.com January 4, 2017 Ms. Autumn Evans Right-Of-Way Agent Public Works Department City of Omaha Omaha/Douglas Civic Center 1819Farnam Street, Suite 601 Omaha, Nebraska 68183-0601 RE: City of Omaha Public Works Department FW: Project: MAPA-5127(I),C.N. 22376, OPW 50677 156`r' Street Pepperwood Drive to Corby Street Dear Ms. Evans: In accordance with your request, I am submitting a fee proposal for appraisal services in conjunction with the above-captioned project. My proposal involves preparing appraisal reports on 76 properties plus a Project Report.As we discussed the City of Omaha will be providing any bids to estimate damages associated with landscape replacement, underground sprinkler replacement,advertising signs,parking lot light poles, fencing. subdivision monuments, etc. My appraisals will contain an analysis of the market value of the land only for each property, along with an estimate to be paid the owner for a tee taking, permanent easement. and/or temporary construction easement, as the case may be. The appraisals will be prepared on appraisal forms approved by the Nebraska Department of Roads. My appraisal fee includes the research necessary to obtain comparable sales and data on the appraisals and to make land value comparisons in order to estimate damages for land acquisitions,permanent easements, and temporary construction easements. I. will be preparing a Project Report providing information on the project and area, definitions,and land sales to be used to estimate the value of the land for the various tract appraisals.The tract number,property owner,address or location of property,type of acquisition,appraisal form,and appraisal fees are attached to this letter. I will not exceed the fee of$94,1 85 unless additional appraisal work is identified and a mutually agreed fee increase is authorized by you. I agree to furnish a PDF copy of the Project Report and each of the appraisal forms within ninety (90) to one hundred and twenty (120) days after receiving written authorization to proceed. A print copy of the Project Report and each individual appraisal will be sent to the Nebraska Department of Roads.Also,a PDF copy of the Project Report and each individual appraisal will also he furnished to Thomas F.,Stevens,Review Appraiser per your instruction. Ms. Autumn Evans Page -2 Supplemental appraisals and/or addendums to appraisals such as corrections to the original appraisals, requiring a review and revamping of original facts caused by the City making a change or request by the City for updating on appraisals, shall be paid for by an additional fee. Said fees in this paragraph are to be in addition to the lump sum fee above specified and will riot exceed 15%of the total fee for this appraisal proposal. It is understood that payments for time spent on pre-condemnation work and time spent for the actual date of condemnation hearing proceedings, including payments for time spent with conferences held with City attorneys, consultation fees, court testimony, court hearing, court preparation, site inspections, appraisal review, appraisal updates, and witness tees for appearances in court, shall he paid on the basis of$20(1 per hour. In addition, we mutually agree on the following: I. Neither of us nor the City shall, in the performance of this agreement, discriminate or permit discrimination against any person because of race, sex, age, or political or religious opinions, or affiliations in violation of federal or state laws or local ordinances. 2. Pursuant to Section 8.05 of the Home Real Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in the City government. Violation of that Section with the knowledge of contracting party in addition to constituting employee malfeasance, shall be cause for the City to unilaterally terminate or void this agreement. 3. No amendments or additions to this agreement shall be made between the parties except in writing. Should you have any questions, please contact me. Ifyou wish to accept this proposal, please sign this letter and return it to me as your acceptance and confirmation of my employment. Submitted fbr,Acceptance Ily: :point A. 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" G < U d0.u' C ° a CI! �' er N M +t rl VD h 00 p, 0) C'7 r+l �.O r 00 0 .-. N M �'1' Vl �_ ...__ _._. Q 0 0 0 0 0 0 r- N N (N N N N N 00 C rn N M •1 v3 h ( � pp C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: % WHEREAS, professional services are needed for OPW 50677, also known as'MAPA- 5127(1), CN 22376, being the 156th Street— Pepperwood Drive to Corby Street Project;'and, WHEREAS, John A. Moran & Associates, LLC was selected by the Architects and Engineers Selection Process and has agreed to provide professional appraisal services as listed in the attached Professional Services Agreement, which by this reference is made a part hereof; and, WHEREAS, John A. Moran & Associates, LLC has agreed to perform these services for a fee not to exceed, $94,185.00, which will be paid as a part of the 2017-2022 Capital Improvement Program Transportation Project 408 from the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117. 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 John A. Moran & Associates, LLC to provide professional services for OPW 50677, also known as MAPA-5127(1), CN 22376, being the 156th Street — Pepperwood Drive to Corby Street Project, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $94,185.00, which will be paid as a part of the 2017-2022 Capital Improvement Program Transportation Project 408 from the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117. 1725hra APPROVED AS TO FORM: ITY ATTORNEY DATE By ..1' ici1rnernbery� Adopted u N An all d �✓J Ci Clerk 121111-61 Approve ... . +40 Mayor NO. Resolution by Res. that, as recommended by the Mayor, the Professional Services Agreement with John A. Moran & Associates, LLC to provide 1110 professional services for OPW 50677, also !t known as MAPA-5127(1), CN 22376, being the 156th Street — Pepperwood Drive to �. Corby Street Project, is hereby approved; • and that, the Finance Department is * authorized to pay a fee not to exceed $94,185.00, which will be paid as a part of the 2017-2022 Capital Improvement Program Transportation Project 408 from the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117. 1725Bhra Presented to City Council JUN a C 2017 Adopted } eltzabeth Butler City Clerk