RES 2015-1533 - Agmt with Alley Poyner Macchietto Inc to document historic resources in North Omaha F 0/AAHA,N.4ePlanning p
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A0 A Telefax(402)444-6140
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C, James R.Thele
City of Omaha r Director
Jean Stothert,Mayor t'°S
r' '
December 8, 2015
Honorable President and Members of the City Council,
The attached Resolution approves an Agreement between the City of Omaha and Alley Poyner
Macchietto, Incorporated for the purpose of conducting a survey of historic properties in the area
extending from Cuming Street to Ames Avenue and from North 16th Street to North 30th Street
generally known as North Omaha.
The survey is funded under the FY2015 Historic Preservation Grant Agreement. The terms of
the preservation grant agreement specify that the City of Omaha will retain a qualified
professional contractor to conduct the survey.
Alley Poyner Macchietto, Incorporated is well qualified to conduct the preservation survey.
Their proposal was selected from the three proposals received upon issuing a request for
proposal to 10 preservation planning and survey firms. The $31,973.75 cost of the survey is to be
paid from Federal Historic Preservation Grant Funds.
Your favorable consideration of the Agreement between the City of Omaha and Alley Poyner
Macchietto, Incorporated would be appreciated.
Sincerely, Referred to City Council for Consideration:
tiZ ---Thee_ i ftigf_s— ,-""i , Th-k---ti
ames R. Thele Date Mayor's Office Date
Planning Director .
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9 ilq/ 5— \\\ h /i/ /r
Steph B. Curtiss Date S ' ncer K. Dan Date
Finance Director Human Rights and Rela 'ons Director
2280 dlh
AGREEMENT
This Agreement entered into this nay of , 20/y, between the City of
Omaha, a municipal corporation organized and existing under the laws of the State of Nebraska,
hereinafter referred to as "City", and Alley Poyner Macchietto, Incorporated, hereinafter referred
to as"APMA"
WITNESSETH
WHEREAS, the City is the recipient of grant support established under the National
Historic Preservation Act of 1966, as amended, and administered through the National Park
Service, U.S. Department of Interior; and,
WHEREAS,under the authority of this grant,the City has agreed to undertake projects and
program activities including identification and evaluation of historic resources in order to update
and complete the local inventory of historic places; and,
WHEREAS, the City seeks a Nebraska Historic Buildings Survey (NeHBS)
reconnaissance level survey to document and evaluate historic resources in the area generally
known as North Omaha.
WHEREAS, APMA has submitted a proposal to undertake such work in accordance with
the terms of this Agreement; and,
WHEREAS, the City and APMA desire to enter into an agreement for the purpose of
providing this survey and nomination.
NOW, THEREFORE,the parties hereto mutually covenant and agree as follows:
I. PURPOSE—PROJECT WORK PROGRAM
APMA shall carry out project work as specified in the "Project Work Program", which is
hereby incorporated into and made a part of this Agreement as Exhibit "A". All project
work and all project funds shall be expended only for the Project Work Program in
accordance with the "Project Budget", which is hereby incorporated into and made a part
of this Agreement as Exhibit"B". Any proposed changes in the Project Work Program or
the Project Budget must be submitted to the City in writing at least 30 days in advance of
the proposed effective date and approved by the City in writing before such changes can
then take place.
The area to be covered under this agreement is detailed in Exhibit"C" attached hereto and
made a part hereof by this reference. The project schedule is attached hereto as Exhibit
"D" and incorporated herein by this reference.
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II. TERM OF AGREEMENT
The term of this Agreement shall be November 1, 2015 until May 31, 2016. All project
work and all funds shall be incurred during this term. Any proposed changes or extensions
in the term of this Agreement must be submitted to the City in writing at least 30 days in
advance of the existing date of this Agreement and approved by the City in writing before
such changes or extensions can take place.
III. AMOUNT OF AGREEMENT
The City hereby obligates to APMA with this Agreement the fixed amount of$31,973.75,
as described in Exhibit`B". The City agrees to pay APMA, as follows:
A. Up to $7,993.25 or 25% of the fixed fee to be paid within 30 days of receipt of a
progress report verifying completion of pre-field research and receipt of an
acceptable Payment Request.
B. Up to $15,987 or 50% of the fixed fee to be paid within 30 days of receipt of a
progress report verifying completion of field survey, data entry, and data
assessment, and 50% completion of National Register text; and receipt of an
acceptable Payment Request.
C. Up to $7,993.50 or 25% of the fixed fee to be paid within 30 days of receipt of all
final products. The Payment Request for final reimbursement shall be submitted
no later than 30 days after the ending date for project work. Final payment may be
withheld pending approval of all final products.
IV. RECORDS
APMA agrees to maintain all financial and administrative documents and records
pertaining to this Agreement for a period of three years after the specified ending date of
the project or after all other pending matters are closed. The City, the State Auditor of
Public Accounts,the National Park Service,the Department of the Interior,the Comptroller
General of the United States, or any of their duly authorized representatives, shall have
access to any books,documents,papers,and records of APMA,which are directly pertinent
to this Agreement for purpose of making audit, examination, excerpts and transcription.
APMA shall be responsible for satisfactory resolution or recovery of disallowed costs
should any be identified in a future audit or examination.
Provisions of the Single Audit Act Amendments of 1995 (P.L. 104156) define audit
performance by state and local governments that receive federal aid. Office of
Management Budget Circular A128 "Audits of State and Local Governments" set forth
OMB regulations in implementing the Single Audit Act. Wherever applicable,APMA, as
a recipient of federal financial assistance covered by OMB Circular A128 or OMB Circular
A133 (as revised), shall assure the prescribed provisions are met and that audits are
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conducted under applicable period(s)conjointly with this Agreement; and shall transmit to
the City in a timely manner copies of such audit reports made pursuant to said circulars.
V. PERSONNEL
APMA agrees to provide and maintain personnel whose qualifications have been reviewed
and approved by the City and identified in the Project Work Program, Exhibit "A". The
City will maintain regular contact with APMA personnel as necessary, and to provide
necessary and reasonable amounts of training, advice or technical assistance as required
for the successful completion of project work.
VI. PROGRESS REPORTS
APMA will be required to submit acceptable periodic "Progress Reports" by the dates
specified in the Project Work Program, Exhibit "A". APMA shall contact the City
immediately if any situation should arise which will affect the timely or successful
completion of the project.
VII. OTHER PROVISIONS
Any publications arising from this project must acknowledge the assistance of grant
support from the National Park Service,U.S. Department of Interior as administered by the
City under provisions of the National Historic Preservation Act of 1966. The format of the
acknowledgement will be provided upon request. In addition, the City will provide, upon
request, National Park Service requirements and regulations pertaining to reporting and
patent rights, if any, evolving from this Agreement involving research, developmental,
experimental,or demonstration work with respect to any discovery or invention which arise
or are developed in the course of this Agreement and of National Park Service requirements
and regulations pertaining to copyrights and rights in data.
VIII. CANCELLATION
The City reserves the right to cancel this Agreement and withdraw or recapture financial
assistance provided under this Agreement in the event of nonperformance on the part of
APMA. Non-performances include,but are not limited to: (1)failure to execute and return
this Agreement within 30 days of its receipt; (2) failure to report progress of the project
when requested by the City; and (3) any action or inaction not in accordance with this
Agreement.
IX. TERMINATION
This Agreement may be terminated short of conclusion upon 30 days written notice from
the City. Should this Agreement be terminated by the City except for reason of
nonperformance,the City will reimburse APMA for up to a maximum of the federal share
for eligible costs incurred to the termination date.
3
Should this Agreement be terminated short of conclusion by APMA the City may
reimburse APMA for up to a maximum of the federal share for eligible costs incurred to
the termination date, withdraw financial assistance, or may require APMA recapture any
or all federal funds transferred to APMA by the termination date, depending upon the
circumstance of the termination.
X. INDEMNITY
APMA covenants and agrees to indemnify and hold harmless the City, its officers, agents
and employees, individually and collectively, from and against all liability for any fines,
claims, suits, demands, actions or causes of action of any kind and nature asserted by any
person, for personal injury or death, or property damage in any way ensuing as a result of
the negligent action of APMA in the performance of this Agreement.
XI. INDEPENDENT CONTRACTOR
It is understood and agreed by and between the City and APMA that any and all acts that
APMA or its personnel, employees, agents, contractors, or servants perform pursuant to
the terms of this Agreement shall be undertaken as independent contractors and not as
employees of the City. APMA shall have no authority to bind the City by or with any
contact or agreement, nor to impose any liability upon the City. All acts and contracts of
APMA shall be in its own name and not in the name of the City,unless otherwise provided
herein.
XII. INVALID PROVISIONS
In the event that any covenant, condition, or provisions herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of any such covenant,
condition or provision herein contained shall not affect the validity of the remainder of the
covenants, conditions or provisions of this Agreement which shall in all respects remain a
legally binding contract with the invalid portion being, deleted; provided that the validity
of any such covenants,conditions or provision does not materially prejudice either the City
or APMA in its respective rights and obligations contained in the valid covenants,
conditions or provisions of this Agreement.
XIII. DEBARMENT & SUSPENSION CERTIFICATION/LOBBYING CERTIFICATION
According to Executive Order 12549, all recipients of$25,000.00 or more of Federal funds
must certify that its principles are not presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from participation in transactions
by any federal department or agency. An executed certificate is attached as Exhibit "E"
and incorporated herein by this reference.
XIV. GENERAL CONDITIONS
A. APPLICABLE LAW
4
The City and APMA agree to effect this Agreement in accordance with all
applicable regulations, laws, policies, guidelines and requirements governing
federal grant support administered through the National Park Service, U.S.
Department of Interior; all conditions of this Agreement and requirements which
are incorporated by reference and made part of this Agreement; and all existing and
applicable City ordinances, resolutions, state laws, federal laws, and between the
City and APMA Nebraska law will govern the terms and the performance under
this contract.
B. 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
contract. Any violation of this section with the knowledge of the person or
corporation contracting with the City shall render the contract voidable by the
Mayor or Council.
C. INTEREST OF APMA
APMA covenants that it 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; it further covenants the in the performance
of this Agreement, no person having such an interest shall be employed.
D. 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.
E. 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 hereon unless done in writing and signed by an authorized
officer of the respective parties. Any amendment to contracts or purchases which,
taken alone, increases the original bid price as awarded (a) by ten percent, if the
original bid price is $150,000.00 or more, or (b) by $75,000.00 or more, shall be
approved by the city council in advance of the acceptance of any purchase in excess
of such limits or the authorization of any additional work 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
5
authority of the mayor under section 5.16 of the Charter to approve immediate
purchases.
F. ASSIGNMENT
APMA may not assign its rights under this Agreement without the express prior
written consent of the City.
G. CAPTIONS
Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
H. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS
All covenants, stipulations and agreements in this Agreement shall extend to and
bind the legal representatives, successors and assigns of the respective parties
hereto.
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 representatives.
J. NONDISCRIMINATION
APMA shall not, in the performance of this contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of
race, color, sex, age, political or religious opinions, affiliations or national origin.
K. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed hereto as Exhibit "F" and made a part hereof by reference are the equal
employment provisions of this contract. All reference in Exhibit "F" to
"Contractor" shall mean "APMA" Refusal by APMA to comply with any portion
of this program as therein stated and described will subject the offending party to
any and all of the following penalties:
Withholding of all future payments under the involved contracts to APMA in
violations until it is determined that APMA is in compliance with the provisions of
this contracts; and,
Refusal of all future bids for any contracts with the City or any of its departments
or divisions until such time as the APMA demonstrates that he has established and
shall carry out the policies of the program as herein outlined.
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L. AUTHORIZED REPRESENTATIVE
In further consideration of the mutual covenants herein contained,the parties hereto
expressly agree that for purpose of notice,including legal service of process,during
the term of this Agreement and for the period of any applicable statute of limitations
thereafter, the following named individuals shall be the authorized representative
of the parties:
1. City of Omaha
Jed Moulton
Omaha Planning Department
1819 Farnam Street
Omaha,NE 68183
2. APMA
Albert Macchietto
1516 Cuming Street
Omaha,Nebraska 68102
K. WORK ELIGIBILITY. APMA 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 APMA is an individual or sole proprietorship, the following applies:
a) APMA must complete the United States Citizenship Attestation Form,available on
the Department of Administrative Services website at www.das.state.nc.us .
b) If APMA indicates on such attestation form that he or she is a qualified alien,
APMA agrees to provide the U.S. Citizenship and Immigration Services
documentation required to verify the APMA's lawful presence in the United States
using the Systematic Alien Verification for Entitlements (SAVE)Program.
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c) APMA understands and agrees that lawful presence in the United States is required
and APMA may be disqualified or the contract terminated if such lawful presence
cannot be verified as required by Neb. Rev. Stat. §4-108.
EXECUTED this Twenty Third day of October, 2015.
ATTEST: APMA
1U141ARA12-e—eA 11;tZ()P
Albert Macchietto, Vice President
EXECUTED this MA day oa A,, , 20 L�
ATTEST: CITY OF OMAHA
Mayor, City of Omaha
APPROVED AS TO FORM:
' l
City Attorney DGt
c: File
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EXHIBIT A
Project Work Program
Adequacy of Stated Metnodology and Recording Techniques
ip Sli
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Looking back on a centu in wattern Daum Qgu Valley Centennial
Bennington built by liard-iiorbing families Ia a-1364
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We are continuously improving our methodology and Field work will commence when adequate knowledge of
recording techniques as we adjust to changes in NPS the significant events and structures in the study area has
guidelines,adopt the NeHRSI Manual 2010,implement new been obtained.For the field work,we plan to use pairs of
technology,and build on past experiences and discussions investigators spread out in the survey area to evaluate the
with the NeSHPO staff. We anticipate providing monthly structures in each section for the seven levels of integrity.
reports to the Omaha CLG illustrating the progress being We have found this teaming arrangment for the field work
made on the survey. These reports will include lists of allows us to gather the information much more quickly.
completed activities,resolved issues,unresolved issues,as Information on those properties considered contributing,or
well as a plan and schedule for the upcoming month. those which are borderline and require further discussion,
will be collected.Information gathered will include age,
The project will begin with a public meeting,followed by level of integrity,at least two digital photographs,UTMs,
the production of a draft of the research design and historic data required for the completion of the database,and
overview outline. Through previous work,we are very reconnaissance map. Field maps will be used to track where
familiar with Patterns on the Landscape. It was so well done we have been and create a plan for where we will go next.
that rather than repeart that history,our historic narrative
will begin where that book left off. Adding information At the end of the field work,digital images will be labeled
gathered from the Omaha Planning Office,UNL's Love and and organized by site number,data entry for each site will
Architecture Libraries,the Douglas County Historical Society be completed and the sites will be mapped in our GIS system
Library and Archives,the Omaha Public Library,and local for analysis. The results of the analysis will be combined with
residents, we will build a local context that can be used as our previous research into the physical narrative and a list of
a baseline upon which to evaluate structures in the survey resources potentially eligible for inclusion on the National or
area. A review of existing survey files,site cards,related Local Register individually and/or as a district will be created.
National Register nominations,and survey maps from Two drafts for the work will be reviewed with the Omaha CLG
previous surveys will also be performed. Notes,photocopies, and the NeSHPO before it is finalized.
and scans of historic photographs will be completed at this
time for potential inclusion in the final report. A draft of the The results of this work will be formalized in a final survey report
pre-field research and overview will be reviewed with the and published both in hard copy and in pdf file format. All
City at this time. research and digital photographs will be copied onto a flash
drive for use by the Omaha CLG.
EXHIBIT B
Project Budget
Alley Poyner Macchietto Architecture proposes a project budget of$31,973.75. A detailed description of how we arrived
at this budget can be found below,and earlier in this proposal on page 26.
This budget includes the estimated time to perform the work,estimated costs for materials and non-reimbursable costs,
including mileage. This budget assumes we will provide 120 full color hard copies of the final report,in addition to providing
the information in a digital format on a flash drive.
Staff Time
Principal $175.00 /hour 3 $525.00
Principal Investigator $120.00 /hour 50 $6,000.00
Additional Staff $80.00 /hour 255 $20,400.00
Administration $65.00 /hour 20 $1,300.00
Subtotal $28,225.00
Non-Reimbursible Expenses
Research Photocopies $100.00 Lump Sum 1 $100.00
Mileage $0.575 /mile 50 $28.75
16 GB Flash Drives $20.00 /each 1 $20.00
Reproductions
Final Report $30.00 /book 120 $3,600.00
Subtotal $3,748.75
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City seeks a Nebraska Historic Buildings Survey (NeHBS)
reconnaissance level survey to document and evaluate historic resources in the area generally
known as North Omaha; and,
WHEREAS, Alley Poyner Macchietto, Incorporated has submitted a proposal to
undertake such work in accordance with the terms of the attached Agreement; and,
WHEREAS, the City and Alley Poyner Macchietto, Incorporated desire to enter
into the Agreement for the purpose of providing this survey and nomination.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the Agreement for professional services
with Alley Poyner Macchietto, Incorporated for a Nebraska Historic Buildings Survey (NeHBS)
reconnaissance level survey to document and evaluate historic resources in the area generally
known as North Omaha, is hereby approved; and
THAT, the Finance Department is authorized to pay $31,973.75 for these
professional services from the Historic Preservation Fund 12171, Organization 130728.
APPROVED AS TO FORM:
77 _ ( .vo-sr- 20r'5
CITY ATTORNEY DATE
2280 dlh
By �� M✓..J...
ouncilmember
Adopted C — 8 2015 1"C'
*ticCit Clerk 1.2i/4c
Approv ..
Mayor
NO. ... ?..............
Resolution by
Res. that, as recommended by the Mayor, the
Agreement for professional services with
Alley Poyner Macchietto, Incorporated for a
Nebraska Historic Buildings Survey (NeHBS)
reconnaissance level survey to document and
evaluate historic resources in the area
generally known as North Omaha, is hereby
approved; and that, the Finance Department is
authorized to pay $31,973.75 for these
professional services from the Historic
Preservation Fund 12171, Organization
130728.
2280 dlh
MIMMIIIMOMMINNEW
Presented to City Council
DEC - 8 2015
Adopted c
guiier grown
City Clerk