RES 2016-0705 - Agmt with Stevens Real Estate for 114th St from Pacific St to Burke St project ��pF OMAH 'F „ "� f E
/demay Public Works Department
Omaha/Douglas Civic Center
May24, 2016 P Y ry t 1nn fit: 5,T 1819 Farnam Street,Suite 601
Omaha,Nebraska 68183-0601
o� - a (402)444-5220
4
4'D FEBAL`A j Fax(402)444-5248
City of Omaha .i;^4 C { t 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 Stevens
Real Estate to perform appraisal services for SP 93-05, 114th Street, Pacific Street to Burke Street
project.
Stevens Real Estate has agreed to perform the services detailed in Exhibit "B" of the attached
Professional Services Agreement for a fee not to exceed $46,750.00, which will be paid from the
2010 Transportation Bond Fund 13183, Transportation Bonds Organization 117117.
Stevens Real Estate has filed the required Contract Compliance Report, Form CC-1, in the
Human Rights and Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Professional Services Agreement.
Respectfully submitted, Approved:
{
,. .- 2 - S/4 ll�
Robert G. Stubbe, P.E. Date Sp ncer K. Danner, Jr. Date
Public Works Director Human Rights and Rel ions Director
Approved as to Funding: Referred to City Council for Consideration:
//7ftt,' /16 e4--• c3
S ephe B. Curtiss ate Mayor's Office Da e
Finance Director ,7
957bd
PROFESSIONAL SERVICES AGREEMENT /.264/ //O ns#,Ay
THIS AGREEMENT is hereby made and entered into this 25th day of April 2016, by and between the
City of Omaha, a municipal corporation located in Douglas County, Nebraska(hereinafter referred to as
the "City"), and Stevens Real Estate (hereinafter referred to as the "Provider"), on the terms, conditions
and provisions as set forth herein below. All references to"Contractor" shall mean "Provider".
I. PROJECT NAME AND DESCRIPTION
SP 93-05 - 114th Street, Pacific Street to Burke Street
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 ninety
(90)day period after receipt of a purchase order from the City.
B. Provider designates Thomas E. Stevens whose business address and phone number is
12229 Rose Lane, Omaha NE 68154, (402) 571-6363 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 ninety (90) 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
A. City designates Kyle Dworak whose business address and phone number are Omaha Public Works
Department, ROW Division, 1819 Farnam Street, Suite 600, Omaha NE 68183, (402) 996-8097 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 exceed $46,750.00. Detailed breakdown of costs shall be shown
in Exhibit"C".
B. Reimbursable expenses shall be billed to the City by the Provider.
C. INCREASE OF FEES
The parties hereto acknowledge that, as of the date of the execution of the Agreement,
Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to
contracts or purchases which taken alone increase the original fee as awarded (a) by ten
percent, if the original fee is one hundred fifty thousand dollars ($150,000)or more, or(b)by
seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in
advance of the acceptance of any purchase in excess of such limits. However, neither
contract nor purchase amendments will be split to avoid advance approval of the City
Council.
The originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the city council.
The provisions of this section will be quoted in all future city contracts. Nothing in this
section is intended to alter the authority of the mayor under section 5.16 of the Charter to
approve immediate purchases.
V. OWNERSHIP OF INSTRUMENTS OF SERVICE
The City acknowledges the Provider's documents, including electronic files, as instruments of
professional service.Nevertheless, upon completion of the services and payment in full of all
monies due to the Provider, the final documents prepared under this Agreement shall become the
property of the City. The City shall not reuse at another site or make any modification to the
documents without the 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 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, Provider agrees to provide such services at a mutually agreed upon cost.
VII. INSURANCE REQUIREMENTS
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 attorneys'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
attorneys' 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 manner 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, sex, 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 services 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: I.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. 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. 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.
L. 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 applicants 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 the provisions of Paragraphs (I)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 (I) 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.
EXECUTED CII'1'E D this 16 day of„._...4 t Z6i6,
L/ Pros Ider
/ ( lam/C-- By ...Gt J �` ''2"`!A!.n
.ems ;
A HEST
— — a.r 2- /
t/ (Title)
EXECUTED ED this aL day of Yeah/ , ,20/4 .
ATTEST Cl'lY OF OMAI IA, A Municipal Corporation
5 ��i�'�C0,
�te� City C er Mayor
APPROVED A`5 TO FORM:
Deputy City Attorney
Revised: 12/2012
EXHIBIT"B"
Scope of Services
Page 1 of 2
STEVENS REAL ESTATE •
•
. Thomas E: Stevens. MAI • . .
12229 Rose Lane,Omaha,Nebraska 68154 • :Office t4Q2)571-6362
• Cell(402)5784414
•
Email: tstevens@stevensappraisal.com
•
• January 25,2016 •
•
Mr.Tim Phelan
Right-of-Way Agent .•
,
Public Works Department •
City,of Omaha •
• Ornate/Douglas Civic Center •
1819 Pinion Street,Suite 601
Omaha,NE 68183-0661 •
•
RE: City.of'Qmaha Public Works Department
Project STP05011(8);C.N.22236•
•Improvements oh 11 a Street,Pacific Street to Burke Street •
Omaha,Nebraska . "
Dear Mr,Pholan: •
In accordance with your request;I ain submittinark feeproposalfor appraisal services conjunction with •
trio abavecaptioo ed pigljeci l tjave made a prelimigaty i"nspecUon of the properties for which the`City of
Omni* appraisal-services on January 14,2016. My proposal involves preparing compenaalion
estimates oil 56,properties consistinggfrestdential properties,en apartment property,and onecondominium
property,plus a Project Report., . .•
"My appraisals will ein•on analysi
s is of the market value of the bird only for the Compensation Estimate, •
along with an estimate to be paid the owner of the property for a fee acquisition,.permanent easement,and•
temporatyeasement,it any.The Compensation Estimate Forms will be prepsrred on appraisal forms approved
by the Nebraska.Departntent Qf Roads.
My appraisal fee includes the research necessary to Obtain oomparablesales sad data fin the appraisals and .
. to make land value comparisons In order to estimate damages fof land acquisitions,permanent easements,
and temporary construction easements.I wilt be,preparing a Project Report providing Infbrmatlon 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 accquisitlon,appraisal form,and
appraisal tees are attached to this letter. •
.
I will not exceed the fee of$46,750 unless additional appraisal work is identified and a mutual•agreement
increase is authorized by you.I agree to furnish one copy of each of the appraisal fortes and Project Report,
and electronic disc of all the appraisal forms and Project Report,within ninety(90)days after receiving
written authorization'to proceed. •
EXHIBIT"B"
Scope of Services
Page 2 of 2
Mr.Tim Phelan
Page-2-
•
Supplemental appraisals and/or addendums to appraisals such as corrections to the original appraisals,
requiring a review and revamping oforiginal 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 not exceed 30%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 fees for appearances in court,shall be paid on the basis of$200.00
per hour.
In addition,we mutually agree on the following:
1. 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 partios.except in writing.
Should you have any questions,please contact me.
•
Enclosed is a copy of this letter.I f you wish to accept this proposal,please sign it and return it to me as your
acceptance and confirmation of my employment. •
Submitted for Acceptance
Thomas E.Stevens, .97 I
• Nebraska General Certified Appraiser CG920124
•
Accepted by: Date Accepted: i/c2-//
Tim Phelan,RIg t-of-Way snag
Public Works Department,City of Omaha •
EXHIBIT"C"
BREAKDOWN OF COSTS
Page 1 of 2
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EXHIBIT"C"
BREAKDOWN OF COSTS
Page 2 of 2
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, professional services are needed to perform appraisal services for SP 93-05,
being 114th Street, Pacific Street to Burke Street project, is hereby approved; and, ,
WHEREAS, Stevens Real Estate was selected by the Architects and Engineers Selection
Process and has agreed to provide services including project management and administrative
services, and additional scopes of services for the project as listed in the attached Professional
Services Agreement, which by this reference is made a part hereof; and,
WHEREAS, Stevens Real Estate has agreed to perform the services for a fee not to
exceed $46,750.00, which is to be paid from the 2010 Transportation Bond Fund 13183,
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
Stevens Real Estate to perform appraisal services for SP 93-05, being 114th Street, Pacific Street
to Burke Street project, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee for these services not to exceed
$46,750.00, which is to be paid from the 2010 Transportation Bond Fund 13183, Transportation
Bonds Organization 117117.
956bd APPROVED AS TO FORM:
TY ATTORNEY DATE
By 44$4, 47''
Councilmember
Adopted NAY..2..4.#116 7-0
VL c1"aZra-/�v
,� City Clerk
Mayor
NO.
Resolution by
Res. that, as recommended by the Mayor, the
Professional Services Agreement with -404
Stevens Real Estate to perfoim appraisal
services for SP 93-05, 114d Street, being
Pacific Street to Burke Street project, is
hereby approved; and that, the Finance
Department is authorized to pay a fee for
these services not to exceed $46,750.00,
which is to be paid from the 2010
Transportation Bond Fund 13183,
Transportation Bonds Organization 1 17117.
956Abd
Presented to City Council
MAY 2 4 2016
Adopted
Abler grown
City Clerk