RES 2015-1451 - Agmt with Alfred Benesch & Company for residential snow plow contracts 4'F
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`V ^ November 17, 2015 Omaha/Douglas Civic Center
�� �1 �^� 5 NOV _ �� 1819 Faruam Street,Suite 601
�A ti• : I Omaha,Nebraska 68183-0601
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44•0 rEaat`�' CITY CLERK Fax(402)444-5248
City of Omaha ;�i _y Robert G. Stubbe, P.E.
Jean Stothert,Mayor l t r B R A S K/ 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 on-call contract administration services for the 2015-2016
Residential Snow Plow Contracts in various areas of the City.
The scope of services is included in the Agreement, and includes providing up to six on-call field
observers, working in teams of three, to conduct observations of contractor progress, inspection
of completed work, check and document issues reported by the public during snow events for
two 12 hour shifts as needed; and additional scopes made a part hereof with the inclusion of the
attached agreement.
Alfred Benesch & Company has agreed to perform the services detailed in the attached
Professional Services Agreement for $79.00 per billable hour with an estimated total fee of
$45,000.00; to be paid from the Street and Highway Allocation Fund 12131, Snow and Ice
Control Organization 116154, year 2015 expenditures.
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:
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Date
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Robert G. Stubbe, P.E. Date Mayor's Office Da
Public Works Director
Approved as to Funding: Approved:
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Curtiss D to Spe cer K. Danner, Jr. Date
9 Finance Director Human Rights and Relations Dir .toy )/
917bd
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this �7 day of , 2015, 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".
I. PROJECT NAME AND DESCRIPTION
2015-16 Residential Snow Plow Contractor Observation Services
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
day period after receipt of a purchase order from the City.
B. Provider designates Ben Jambor 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 365 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 Kevin Daily whose business address and phone number are 5225 Dayton Street,
Omaha,Nebraska 68117, (402) 546-0897 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 $45,000.00. 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 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,political or religious opinions, affiliations or national origin.
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. 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, religion, color, sex, age, sexual orientation, gender identity, disability, or
national origin. The Contractor shall ensure that applicants are employed and that employees
are treated during employment without regard to their race, religion, color, sex, sexual
orientation, gender identity, or national origin. 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, religion, color, sex, sexual orientation, gender identity, or
national origin, age,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 September , 2015 .
Alfred Benesch& Company
Provider �4 } r�, .�
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By J4f 4"'Q"
ATTEST
_Senior Vice President- Omaha Div. Mgr
(Title)
EXECUTED this MA day of �1J/eiaeef,r, LZ/3
ATTEST CITY OF OMAHA, A Municipal Corporation
B �
Ci rk Mayor
APPROVED AS TO FORM:
Deputy City Attorney
Revised: 12/2012
^ Alfred Benesch&Company
1 1 S C 14748 W.Center Road,Suite 200
engineers scientists•planners Omaha,NE 68144-2029
www.benesch.com
P 402-333-5792
a=402-333-2248
September 24, 2015
Mr. Austin Rowser
Acting Street Maintenance Engineer
City of Omaha Public Works Dept
5225 Dayton Street
Omaha, NE 68117
RE: Proposal for Snow Inspection Services—Winter 2015-16
Dear Mr. Rowser:
Pursuant to your request, the following is a proposal from Alfred Benesch &Co. (Benesch)to provide on-call
professional services related to snow removal operations to the City of Omaha. Benesch proposes to provide the
following services:
• On-call field observation and coordination with contracted snow removal companies for snow areas or
districts as assigned by the City of Omaha Street Maintenance Division.Activities will include
coordination with contractor staff, staff continuously observing and documenting contractor progress in
accordance with City standard reporting procedures, and reporting progress to designated City Street
Maintenance Staff.
• Review of contractor pay requests for accuracy and provide recommendations to the City regarding
suitability for payment
• Attend 1 training session with City staff including participation by the individuals providing services
• Provide appropriate level of project management consisting mainly of event coordination and
scheduling and administration of project tasks.
The anticipation is that work will occur during up to 12-hour shifts defined as noon to midnight and vice versa.
The City will provide notification of the expected start time for each event that services will be required.
Benesch designates Ben Jambor to be our Project Coordinator and primary contact for this project.A list of staff,
contact numbers, and other information will be provided to your designated personnel.
Compensation for these services will be on a fixed hourly rate of$79.00 for all personnel performing the services
identified above.This rate shall include any overtime, vehicle costs, equipment, or other related expenses
associated with performing the services identified. We understand work will be performed as requested within
established budget limits and payments issued under Purchase Orders provided by the City.
We appreciate this opportunity to continue to work with the City and your staff. If there are questions with this
proposal, please let me know.
Sincerely,
jelloa So
JefferWSockel, PE
Omaha Division Manager
It e n e s c Alfred Benesch&Company
14748 W.Center Road,Suite 200
engineers scientists- planners Omaha,NE 68144-2029
www.benesch.com
402-333-5792
402-333-2248
September 24, 2015
Mr. Austin Rowser
Acting Street Maintenance Engineer
City of Omaha Public Works Dept
5225 Dayton Street
Omaha, NE 68117
RE: Proposal for Snow Inspection Services—Winter 2015-16
Dear Mr. Rowser:
Pursuant to your request, the following is a proposal from Alfred Benesch & Co. (Benesch) to provide on-call
professional services related to snow removal operations to the City of Omaha. Benesch proposes to provide the
following services:
• On-call field observation and coordination with contracted snow removal companies for snow areas or
districts as assigned by the City of Omaha Street Maintenance Division. Activities will include
coordination with contractor staff, staff continuously observing and documenting contractor progress in
accordance with City standard reporting procedures, and reporting progress to designated City Street
Maintenance Staff.
• Review of contractor pay requests for accuracy and provide recommendations to the City regarding
suitability for payment
• Attend 1 training session with City staff including participation by the individuals providing services
• Provide appropriate level of project management consisting mainly of event coordination and
scheduling and administration of project tasks.
The anticipation is that work will occur during up to 12-hour shifts defined as noon to midnight and vice versa.
The City will provide notification of the expected start time for each event that services will be required.
Benesch designates Ben Jambor to be our Project Coordinator and primary contact for this project. A list of staff,
contact numbers, and other information will be provided to your designated personnel.
Compensation for these services will be on a fixed hourly rate of$79.00 for all personnel performing the services
identified above. This rate shall include any overtime, vehicle costs, equipment, or other related expenses
associated with performing the services identified. We understand work will be performed as requested within
established budget limits and payments issued under Purchase Orders provided by the City.
We appreciate this opportunity to continue to work with the City and your staff. If there are questions with this
proposal, please let me know.
Sincerely, Approved:
45—crixi-(
Date: ( `3
Jeffe A. Sockel, PE Austin E. Rowser
Omaha Division Manager Street Maintenance Engineer
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
•
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, a Professional Services Agreement with Alfred Benesch & Company to
provide on-call contract administration services for the 2015-2016 Residential Snow Plow
Contracts in various areas of the City; and,
WHEREAS, Alfred Benesch & Company was selected by the Architects and Engineers
Selection Process and has agreed to provide on-call field observation and investigation services
during snow events, and additional services as listed in the attached Professional Services
Agreement, which by this reference is made a part hereof; and,
WHEREAS, Alfred Benesch & Company has agreed to perform these services for a fee
of$79.00 per billable hour with an estimated total billable cost of$45,000.00, which will be paid
from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization
116154, year 2015 expenditures.
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 to provide on-call field investigation and contract administration services
for the 2015-2016 Residential Snow Plow Contracts in various areas of the City, is hereby
approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay an estimated fee of$45,000.00 to be
paid from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization
116154, year 2015 expenditures.
918bd APPROVED AS TO FORM:
,.CITY ATTORNEY DATE
Byigoni ,�/•
Councilmember
Adopted OV 1 7 201 7 '
. ... . ... .. .
-- City Clerk // /y
/7-5--
Approved..„1„1.6 _
Mayor
,a/
NO. ......,N3
Resolution by
Res. that, as recommended by the Mayor,
the Professional Services Agreement with
Alfred Benesch & Company to provide on-
call field investigation and contract
administration services for the 2015-2016
Residential Snow Plow Contracts in various
areas of the City, is hereby approved; and
that, the Finance Department is authorized
to pay an estimated fee of$45,000.00 to be
paid from the Street and Highway
Allocation Fund 12131, Snow and Ice
Control Organization 116154, year 2015
expenditures.
917Abd
Presented to City Council
NOV 1 7 2015
Adopted o
gaoler grown
City Clerk