RES 2016-0295 - Agmt with Alfred Benesch & Company for OPW 50157, 156th St improvements )'
O�OMH AA i�vz, _
:A �fi/' �� _ :, y f iPublic Works Department
� Omaha/Douglas Civic Center
®i,r tI w March 8, 2016 1819 Farnam Street,Suite 601
, )ti 2016 FED'' , -1 1 1 Omaha,Nebraska 68183-0601
o4�T LA¢ (402)444-5220
Ba eEa� Fax(402)444-5248
City of Omaha 11 . Robert G. Stubbe, P.E.
Jean Stothert,Mayor r ti ?�{ ( ?„ Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement with Alfred
Benesch & Company, to provide professional engineering services for OPW 50157, being the
156th Street Improvements from Pacific Street to West Dodge Road.
Approval of the attached resolution allows Alfred Benesch & Company to proceed with the
work, as outlined in Exhibit B of the attached Agreement. This work includes performing a
topographic survey for OPW 50157.
Alfred Benesch & Company has agreed to perform these services for a fee not to exceed
$53,343.25, which is detailed in Attachment A of the agreement and is payable from the Street
and Highway Allocation Fund 12131, Engineering Organization 116132.
Alfred Benesch & Company 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 Agreement.
Respectfully submitted, Referred to City Council for Consideration:
0„.741--„,
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Robert G. Stubbe, P.E. Date M /
Mayor's Office Date
Public Works Director
Approved as to Funding: Approved:
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Stephen Curtiss Date pen er K. Danner Jr. Date
Finance Director Human Rights and Relati s Director
1224hra
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 25th day of January, 2016, by and between the
City of Omaha, a municipal corporation located in Douglas County, Nebraska(hereinafter referred to as
the "City"), and Alfred Benesch & Company (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 50157- 156th Street Improvements: Pacific Street to West Dodge Road
The proffesional services to be performed for the above-mentioned project consist of performing a
topographic survey within the defined project limits according to the City of Omaha"Public Works
Department,Design Division, Survey Scope."
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 45 day
period after receipt of a purchase order from the City.
B. Provider designates Tim O'Bryan whose business address and phone number is 14748 West
Center Road, Suite 200,Omaha,NE 68144 (402)333-5792 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 45 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.
Ill. DUTIES OF CITY
A. City designates Krista Wassenaar whose business address and phone number are 1819 Farnam Street,
Suite 600, Omaha,Nebraska, 402-444-3821 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$53,343.25. 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 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 duty to defend outlined herein shall not
extend to claims of negligent performance of professional services covered under the Provider's
professional liability insurance, if Provider's insurance carrier provides such defense of the City.
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 with the Provider's receipt of said notice being 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 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(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 25th day of January , 2016 .
Alfred Benesch & Company
Provider
'.•-- = �- - By J 4J4 s(
ATTEST
Sr Vice President - Omaha Div Mgr
(Title)
EXECUTED this /6J day of 171,1d ,
ATTEST CITy-6F OMAH A Municipal Corporation
�3 "k-U24
City rk Mayor
APPROVED AS TO FORM:
Deputy City Attorney
Revised: 6/2011
Exhibit "B"
CONSULTANT SCOPE OF SERVICES
TOPOGRAPHIC SURVEY
CITY OF OMAHA
OPW 50157
156TH ST. FROM PACIFIC ST.TO DODGE ST.
January 25, 2016
OVERVIEW
Alfred Benesch & Company (Benesch) proposes to provide the City of Omaha (City) the
professional services related to performing a topographic survey for 156th St from Pacific Street
to Dodge Street. The Consultant agrees to provide the services detailed below from the
execution date of the contract through the identified completion date, or beyond, if mutually
agreeable by both parties.
Benesch anticipates the staffing requirements for this contract will consist of one (1) project
manager, one (1) survey party chief, up to two (2) surveyors, one (1) drafting technician and
necessary coordination or administrative support personnel. Exhibit "C" indicates an estimated
number of hours, personnel, and the associated fees Benesch anticipates for the proposed
work under this agreement. Variation of these estimates may occur due to factors beyond
Benesch's control such as, other requested services, or other situations. Should the requested
services exceed this fee estimate, Benesch will notify the City if the total fee may exceed the
estimated amount.
Compensation for professional services related to project management; topographic surveying;
drafting and other support services shall be on an hourly rate basis determined by the
classification of the personnel provided or specified.
Topographic survey procedures, horizontal control, vertical control, cross sections, recording
data, field books and submittals will follow the City of Omaha, "Public Works Department
Design Division Survey Scope." Any deviations from the above must be approved by the City of
Omaha prior to performing the topographic survey.
ASSUMPTIONS
Benesch will prepare and submit the following items to the City of Omaha:
• All field books and pertinent documents used to perform the topographic survey
• Surveyor's check print drawing
• Survey point file
OPW 50157 Topographic Survey Page 1 of 3
Exhibit "B"
Benesch anticipates the City of Omaha will provide or arrange for the following items to be
used in the development of the topographic survey deliverables:
• Notification letters to all homeowners.
• Most current descriptor key set to upload to GPS unit.
• City of Omaha will provide vertical control (Bench Marks).
• Horizontal control information (ties to section corners).
• Vertical control will be set by City of Omaha Survey Crews in locations provided by the
Surveyor.
• All new horizontal control will be set by City of Omaha Survey Crews in locations
specified by the Surveyor.
ANTICIPATED PROJECT SCHEDULE
Once Benesch receives the Notice to Proceed, the following identifies the anticipated schedule
for performing the topographic survey, developing the survey check plan, and submitting all
deliverables:
• Topographic survey, survey check plan, and submitting all deliverables—6 weeks
PROJECT MANAGEMENT TASK
This task includes communication with the City, management of the Benesch project schedule
and budget, oversight of the survey team, invoicing for work completed and documentation of
project decisions and directions. The Project Manager will serve as point of contact, maintain
project schedule and budget.
SURVEYING TASK
Benesch will perform a topographic ground survey within the defined project limits according
to City of Omaha "Public Works Department, Design Division, Survey Scope." The survey shall
capture readily identifiable or locatable features relevant to developing the project design. All
fixed physical items and cross sections shall be recorded within the survey corridor. Including
all readily locatable at or above ground utility appurtenances, lines, pedestals, cabinets or other
utility related features, sewers and storm drainage features with vertical measurements of
manholes and inlets, structures and landscape features. Trees shall be singularly noted,
measured two (2) feet above ground, presented in diameter inches, and identified as to type or
species.
The topographic survey will be performed using generally accepted technology and practices in
AutoCAD Civil 3D 2010 or later version. Copies of field book records and electronic records will
be submitted to the City at the completion of the topographic survey. Natural topographic
features and man-made features, will be recorded by coordinates to the nearest one-tenth
(0.1) of a foot. Horizontal control will be referenced to the Nebraska State Plane (feet)
coordinates NAD 83, MODIFIED TO GROUND. Benesch will utilize the Nebraska State Plane
OPW 50157 Topographic Survey Page 2 of 3
Exhibit "B"
"Grid to Ground" Scale Factor of 1.0003828. Vertical control will be completed by differential
level circuit referenced to NAVD 88.
The limits of the survey corridor for 156th Street is 75'from Center Line, both sides and includes
walls of houses and buildings adjacent to roadway with yard topography to include any paving,
sidewalks, fencing, etc. Additional topographic information needed at Kiewit Middle School (to
parking lot and track) and all intersections shall be surveyed approximately 100' from the
intersection.
Any additional survey services not identified in this task shall be performed by supplemental
agreement.
OPW 50157 Topographic Survey Page 3 of 3
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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 engineering services are needed in association with OPW
50157, being 156th Street Improvements: Pacific Street to West Dodge Road, to perform a
topographic survey within the defined project limits; and,
WHEREAS, Alfred Benesch & Company 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 $53,343.25; and,
WHEREAS, the fee for these professional engineering services will be paid from the
Street and Highway Allocation Fund 12131, Engineering Organization 116132.
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 Alfred
Benesch & Company, for professional engineering services associated with OPW 50157, being
156th Street Improvements: Pacific Street to West Dodge Road, is hereby approved; and,
THAT, the Finance Department is authorized to pay Alfred Benesch & Company
$53,343.25 for these professional engineering services from the Street and Highway Allocation
Fund 12131, Engineering Organization 116132, year 2016 expenditures.
1223hra APPROVED AS TO FORM:
/ /1/727—/' '/__',Z‘'
CITY ATTORNEY DATE
BAq' jc#4,..
Y
Councilmember
Adopted M R 8 ZOtfi 7'
City C erk 3//Q /4/l4
Approve hY �
Mayor
NO 12<l
Resolution by
Res. that, as recommended by the Mayor, the
Professional Services Agreement with Alfred
Benesch & Company, for professional
engineering services associated with OPW
50157, being 156th Street Improvements:
Pacific Street to West Dodge Road, is hereby a.
approved; and that, the Finance Department is
authorized to pay Alfred Benesch &
Company $53,343.25 for these professional
engineering services from the Street and
Highway Allocation Fund 12131, Engineering
Organization 116132, year 2016 expenditures.
1223Bhra
Presented to City Council
MAR - 8..20.16
Adopted a
ewier grown,
City Clerk