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RES 2016-0540 - Agmt with Felsburg, Holt, and Ullevig Inc for inventory of construction project sites °�AHA NF ��° �►�" !r € \' EE �L.i Public Works Department 1� 't� Omaha/Douglas Civic Centeritd‘l.rAilr �'.1 n 1819 Farnam Street,Suite 601 .f Trhi l' `¢► ' c' April 26, 2016 ( } '' Omaha,Nebraska 68183-0601 PAC �ro (402)444-5220 +47.ED FEW-- Fax(402)444-5248 City of Omaha a r 1 t �, t. Robert G. Stubbe,P.E. Jean Stothert,Mayor L �. Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with Felsburg, Holt and Ullevig, Inc. to provide professional engineering services for a Papio- Missouri River Watershed Projects Inventory for the City of Omaha. Approval of the attached resolution allows Felsburg, Holt and Ullevig, Inc. to proceed with the work, as outlined in Exhibit B of the attached Agreement. This work includes documentation review, field verification, and GIS services, which will result in the creation of a Technical Memorandum documenting the inventory of construction projects in the City of Omaha related to stormwater runoff issues within the Watershed. Felsburg, Holt and Ullevig, Inc. has agreed to perform these services for a fee not to exceed $45,710.00, which is detailed in Exhibit C of the attached Agreement and is payable from the Storm Water Management Plan Program Fund 12143, Storm Water Management Plan Program Organization 128026. Felsburg, Holt and Ullevig, Inc. has filed the required Contract Compliance Report, Form CC-1, with the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. 4 Respectfully submitted, Approved: .. G 1i Ro'bert G. Stubbe, P.E. Date Spe cer K. Danner, Jr. Date Public Works Director Human Rights and Relati s Director Approved as to Funding: Referred to City Council for Consideration: //// //`-'76 Step n B. Curtiss Date Mayor's Office Date Finance Director 7D 3038htp PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 2 G 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 Felsburg, Holt and Ullevig, 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 • Papio-Missouri Watershed Projects Inventory for City of Omaha Prepare an inventory of projects related to stream and stormwater runoff issues withn the City of Omaha's jurisdiction. 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 90 day period after receipt of a purchase order from the City. B. Provider designates Dave Lampe, PE whose business address and phone number is 402-445- 4405 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 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 Nina Cudahy whose business address and phone number are 402-444-3915 x229 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$45,710.00. Detailed breakdown of costs shall be shown in Exhibit 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 construction 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 modification to the construction 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 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, 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. 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: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at v,vti.d is.si ate iw.irs 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 ‘,NA. .:7,arn,uo0 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(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. EXECUTED this day of l''� ,e?e/ . Feld /Sir feeel Provider2 6- ATTEST fj i ',,..,,d,i,._ a.e.._ >j (Title) rr EXECUTED this day of4-prii , c: ����v/4. ATTES CITY OF OMAHA,.A Municipal Corporation ' L' tit> 1--L-1/ City .lerk ayor APPROVED AS TO FORM: 7 Deputy City Attorney Revised: 12/2012 EXHIBIT "B" SCOPE OF SERVICES Task 1) Pre-Screening Meeting, Desktop Review and Screening, and Project Inventory Felsburg, Holt & Ullevig (FHU) will attend a pre-screening meeting with various department representatives within the City of Omaha to identify potential projects that have been impacted by stormwater runoff and stream flow. We understand that a meeting has already taken place to explain the purpose of the inventory and solicit potential projects.These projects will be discussed and included in the inventory. FHU has included a nominal amount of time to review documents provided by the Owner for stormwater projects that should be added (i.e. Douglas County Stream Asset Inventory, sewer conditions assessments, bridge and culvert assessments, etc). Projects identified during the review will be discussed with the Owner and added to the list accordingly. Other potential projects that FHU staff are aware of (including roadway, environmental, and water resources staff) will be noted and added to the inventory. FHU has also allotted time to provide a cursory desktop screening for potential sites based on several key indicators such rapid grade changes and visible erosion using LiDAR contours and aerial photography.The screening will be done on ponds, lakes,and major streams and tributaries within the Omaha jurisdiction. Recent historical imagery will be used to help approximate the rate and risk of failure of some of the features identified. We understand that the City is using a GIS-based data collector for use in the field for other types of projects. FHU will work with the City's GIS department to develop a GIS-based template that can be used in the field and office to help inventory these projects now and in the future. For the sites identified, FHU will prepare a GIS shapefile of the sites and prepare attributes with the following information for each site: • Site Description • Site Location • Issue(s) (i.e. headcutting, bank failure, gully erosion, exposed sewers) • Source of Listing (who identified the problem) • Date of Listing(when was it identified) • Responsible Department(who might lead efforts to address the problem) • Risk Level (property,flooding, infrastructure, environmental) • Urgency of Repair(i.e. low/medium/high risk of failure) • Existing Data Available • Potential Solutions • Additional Info Needed • Complexity • Cost Level (i.e. $10,000-$50,000(low); $50,000-$200,000 (medium); $200,000+(high)) • Potential Funding Sources • Record of Repairs Final attributes and descriptors will be discussed with the Owner and refined as needed. This information may be sorted and categorized by the attributes and will be useful to help prioritize projects. It can also be manipulated as desired by the Owner and will be made available to the firm preparing the watershed study. Task 2) Field Verification FHU will visit each of the inventoried sites; investigate and verify the extent of site issues in their current state; note the rate of disrepair,and take photographs of site issues for incorporation into project documentation. We've budgeted for the investigation of up to 50 sites. Should it be necessary to investigate additional sites, FHU will discuss options with the Owner. Similarly, if there are fewer sites that need to be investigated, FHU will discuss with the Owner whether a more thorough assessment of one or more sites is warranted or to simply invoice the hours accrued. Task 3) Technical Memorandum and Meeting A technical memorandum will be prepared that documents the methodology used for the inventory and summarizes the results. Exhibits will be provided with the technical memorandum.This document will be provided to the City and made available for use by the firm preparing the Papillion Creek Watershed Plan. Lastly, a meeting will be held with the City and stakeholders invited by the City. FHU will present the results and answer any questions. EXHIBIT "C" BREAKDOWN OF COSTS Felsburg, Holt& Ullevig proposes to conduct the tasks on a time and expense basis. Our fees for Tasks 1-3, listed in the Scope of Services (Exhibit"B"), are as follows: Labor and Fee Estimate FHU Hours Total Fees (Rounded FHU Up to Labor Reimburseables " Nearest Fees (5%of Labor) $100) Project Manager Env Env GIS &Sr Scientist Scientist Engineer Engineer Specialist Engr V III IV II Ill Admin Total Task $170 $150 $115 $135 $90 $115 $70 Task 1:Desktop Review and Site Screening,and Project Inventory 47 2 2 2 66 24 0 143 $17,220 $870 $18,090 Task 2:Field Verification 78 0 0 0 75 0 0 153 $20,010 $1,010 $21,020 Task 3:Technical Memorandum and Meeting 20 0 0 0 32 0 0 52 $6,280 $320 $6,600 Total Hours 145 2 2 2 173 24 0 348 Total Project Fees $45,710 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 for the creation of an inventory of construction project sites in the City of Omaha related to stream and stormwater runoff issues within the Papio-Missouri River Watershed; and, WHEREAS, Felsburg, Holt and Ullevig, Inc. was selected by the engineers and architects selection process and has agreed to perform the services listed in the attached agreement, which by this reference is made a part hereof, for a fee not to exceed $45,710.00; and, WHEREAS, the fee for these engineering services will be paid from the Storm Water Management Plan Program Fund 12143, Storm Water Management Plan Program Organization 128026. 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 Felsburg, Holt and Ullevig, Inc. for the creation of an inventory of construction project sites in the City of Omaha related to stream and stormwater runoff issues within the Papio-Missouri River Watershed, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay Felsburg, Holt and Ullevig, Inc. $45,710.00 for these professional engineering services from the Storm Water Management Plan Program Fund 12143, Storm Water Management Plan Program Organization 128026. 3037htp APPROVED AS TO FORM: r ,, r ,& ITY ATTORNEY DATE By 2#094111 • 01;447- As," c O Councilmember Adopted ...Z.. ..20.1. .. City Clerk y/a '/ / Approve . . .... ±&-J Mayor NO. Resolution by Res. that, as recommended by the Mayor, the Professional Services Agreement with Felsburg, Holt and Ullevig, Inc. for the creation of an inventory of construction project sites in the City of Omaha related to stream and stormwater runoff issues within the Papio-Missouri River Watershed, is hereby approved; and that the Finance Department is authorized to pay Felsburg, Holt and Ullevig, Inc. $45,710.00 for these professional engineering services from the Storm Water Management Plan Program Fund 12143, Storm Water Management Plan Program Organization 128026. 3037Ahtp Presented to City Council APR 262016 Adopted i- inter grown City Clerk