RES 2013-1404 - Agmt with Lamp, Rynearson & Associates Inc for snow plow contracts ( )
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o®. i _4 October 22, 2013 e -' 1819a haNeb Street,Suite 601
Omaha,Nebraska 68183 0601
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4?Et)FE01 , ! Fax(402)444-5248
City of Omaha "1 , " " 3 ; Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement with Lamp,
Rynearson & Associates, Inc. to provide on-call contract administration services for the 2013-
2014 Residential Snow Plow Contracts in various areas of the City.
The scope of services is included in the Agreement, and includes providing up to 10 on-call field
observers 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.
Lamp, Rynearson & Associates, Inc. has agreed to perform the services detailed in the attached
Professional Services Agreement for $80.00 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 2013 expenditure.
Lamp, Rynearson & Associates, Inc. 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:
6 ?_,0 _,3 S qA-i_it3
Rob rt G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approv d:
LPL 4ç : ,0 - 9-P13
Allen Herink Date Human ights and Relations Date
'T > Acting Finance Director Department
1122djr
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 Lamp, Rynearson & Associates,
Inc. to provide on-call contract administration services for the 2013-2014 Residential Snow Plow
Contracts in various areas of the City; and,
WHEREAS, Lamp, Rynearson & Associates, Inc. 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, Lamp, Rynearson & Associates, Inc. has agreed to perform these services
for a fee of $80.00 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 2013 expenditure.
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 Lamp,
Rynearson & Associates, Inc. to provide on-call field investigation and contract administration
services for the 2013-2014 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 2013 expenditure.
1121djr APPROVED AS TO FORM:
/ 44.2& ft -
CITY ATTORNEY DATE
./104/ 14:4.,
By
Councilmember
Adopted OCT 2 2 2013 v_ 0
ZAKI2d/A0 V kid --'45-1-3
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Approved.
Mayor
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 01.4.5d day of &- Dew' , 2013, by
and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska
(hereinafter referred to as the "City"), and Lamp, Rynearson &Associates, 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".
I. PROJECT NAME AND DESCRIPTION
City of Omaha Contractor Snow Removal Observation.
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. Provider agrees to provide the services defined
herein during snow events when directed by the City.
B. Provider designates Joe Oetken whose business address and phone number is 402-496-2498
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 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 402-444-5417
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. Detailed breakdown of costs shall be shown in
Exhibit"C".
n. r
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 fmal 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.
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. 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 f� day of Cc. e-4�2.A- ,2013 .
_LAMP,RYNEARSON&ASSOCIATES,INC.
Provider
By ,14—^
ATTEST Brett .Nkers,P.E.
JJJ _ Senior Vice President
(Title)
EXECUTED this o'i day of azz. i" ,2013 .
ATTEST CITY OF OMAHA,A Municipal Corporation
dp%2'L2a Xe,hed By
DEPUTY City Clerk Mayor
APPROVED AS TO FORM:
eputy City4Attorney
Revised: 12/2012
EXHIBIT"B"
SCOPE OF SERVICES
A. Snow Removal Inspection
1. Work in the Districts as assigned by the City of Omaha. (Please note that we worked in
District 3 during the 2012-2013 snow season.)
2. Meet with the contractors on-site.
3. Verify snowfall amounts with contractors.
4. Review the contractor's snow removal progress.
5. Report status of contractor's progress to the City of Omaha Foreman.
6. Review and coordinate with contractor on when the contractor is working on an hourly basis.
7. Review and coordinate with contractor on when the contractor is spreading de-icing material.
8. Review contractor timesheets when on an hourly basis.
9. Review the contractor's invoices and submit recommendation of payment to the City of
Omaha.
Assumptions/Exclusions
1. Work will be completed on an on-call basis.
2. LRA will provide 10 employees to work up to 10 twelve-hour shifts per day.
EXHIBIT"C"
BREAKDOWN OF COSTS
We propose to bill for our services on the basis of hourly charge rates at a rate of$80 per hour including
reimbursable expenses.
NO.
/50Y' s
Resolution by
Res. that, as recommended by the Mayor, the
Professional Services Agreement with Lamp,
Rynearson & Associates, Inc. to provide on-
call field investigation and contract
administration services for the 2013-2014
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$45,000.00 to be paid
from the Street and Highway Allocation Fund
12131, Snow and Ice Control Organization
116154, year 2013 expenditure.
112 lAdjr
Presented to City Council
OCT 2.2. 2013
Adopted 7- 0
gu$ter grown
City Clerk