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RES 2009-0412 - Agmt with Lamp, Rynearson & Associates Inc for improvements to Cole Creek channel from Sorensen Pkwy to Hartman Ave a ,;-� ''ffi, R E C I V E 0 Public Works Department A��,.y rtr Omaha/Douglas Civic Center ® 1f4 `if April 28, 2009 09 APR 20 AM 9 44 1819 Farnam Street,Suite 601 Aro Omaha,Nebraska 68183 0601 '�r .;1.¢ ('4-- - (402)444-5220 7 FD PEER i '�'- :s �ti Fax(402)444-5248 CityofOmaha OMAH€ , Ni B ASK►�a Robert G.Stubbe,P.E. Mike Fahey,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Engineering Agreement with Lamp Rynearson &Associates, Inc. to provide professional construction administration services during the construction of the stabilization measures for the Cole Creek Channel from Sorensen Parkway to Hartman Avenue. The exact scope of services is included in the Agreement. Lamp Rynearson has agreed to perform the services detailed in the attached agreement for a fee of$49,400.00 which is payable from the Stormwater Management Plan Fund 12143, Stormwater Management Plan Organization 128026. Lamp Rynearson & Associates, Inc. has filed the required Annual 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 -/5-07 aC y-2Q-a'9 obert G. Stubbe, P.E. Date May is Off e Date Public Works Director Approved as to Funding: Approved: 1 Carol A. Ebdon Date Human Rights a Relatio ate Finance Director 10)b Department 1260hxf Approved: 449 e.f.,...-4.4_91.2..,-,,,,_ 4t)d)c.41 C=46.1:if,A4 -69,KLiaeelkci 'q Carol A. Ebdon Date Human Ri is an elatiorls ,� Date Finance Director P6 Department �1�-' 104709scp J Street,Omaha,NE 68127 Phone 402-339-4990 Fax 402-339-4616 0 QUOTATION IS VALID FOR 90 DAYS APPROVED BY TITLE PO# Room E Page 1 -4616 0 QUOTATION IS VALID FOR 90 DAYS • • • Rooms C&D Page 1 NOTICE: Unless the foregoing proposal is free from alterations, additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shall be 31 July 2009. All work associated with the project shall be completed on or before this date, weather and site conditions permitting. PERFORMANCE BOND: Refer to Specification Section 00200, 'Instructions To Bidders°, Part 2.10, 'Bond Submission" and Section 00400, 'Performance, Payment Maintenance Bond'requirements. k �` SIGN ALL COPIES Firm P95i ( - L Co. -t"`Cc By ,I rt i eS CO TitleF5iivAckkg/ , understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and properly finish all the work in connection with"GERALD R.FORD BIRTHSITE&GARDENS-RENOVATION,32nd&Woolworth Avenue,Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and •Public Property Department for the lump sum of: nn f BASE BID: euctt.�r- ��VC. tUSpa /l, Ill 'e (ti red 4W aG`3 ($ 75 9©0 Note: Refer to page 2 of 3 for Bid Bond,Completion Date&Performance Bond and page 3 of 3 for insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBEIDBE Listings should be directed to the Human Relations Department at 402-444-5055.4y (Please Print Legibly or Type) Firm POSrO I �t r ar 114 L r Inco grated in ,Ur kitiaitt:C1(6( Name rt i eSe-tn_ Signature Title tual-0V Phone 'IOZ)332 2 163rFax(45) 33z-Z8f3 Address [3t g0 C ZZO * 6 0. NC 6 0Z0 Street/P.O.Box City Slate , Zip s 4 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 25th day of March, 2009, 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 (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION Cole Creek Channel Improvements — Construction Administration on Cole Creek between Sorensen Parkway and Hartman Avenue 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 Exhibits "A"& `B" attached hereto. Such services shall be completed within a 270 day period after receipt of a purchase order from the City. B. Provider designates Dave Lampe, P.E. whose business address and phone number are 14710 West Dodge Road, Ste 100, Omaha, NE (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 complete, within 270 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. III. DUTIES OF CITY A. City designates Nina Cudahy whose business address and phone number are 5600 S 10th Street (402-444-3915 x229) as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to proceed with the project and various aspects of it. VALID FOR 90 DAYS • • • Rooms C&D Page 1 NOTICE: Unless the foregoing proposal is free from alterations, additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shall be 31 July 2009. All work associated with the project shall be completed on or before this date, weather and site conditions permitting. PERFORMANCE BOND: Refer to Specification Section 00200, 'Instructions To Bidders°, Part 2.10, 'Bond Submission" and Section 00400, 'Performance, Payment Maintenance Bond'requirements. k �` SIGN ALL COPIES Firm P95i ( - L Co. -t"`Cc By ,I rt i eS CO TitleF5iivAckkg/ , understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and properly finish all the work in connection with"GERALD R.FORD BIRTHSITE&GARDENS-RENOVATION,32nd&Woolworth Avenue,Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and •Public Property Department for the lump sum of: nn f BASE BID: euctt.�r- ��VC. tUSpa /l, Ill 'e (ti red 4W aG`3 ($ 75 9©0 Note: Refer to page 2 of 3 for Bid Bond,Completion Date&Performance Bond and page 3 of 3 for insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBEIDBE Listings should be directed to the Human Relations Department at 402-444-5055.4y (Please Print Legibly or Type) Firm POSrO I �t r ar 114 L r Inco grated in ,Ur kitiaitt:C1(6( Name rt i eSe-tn_ Signature Title tual-0V Phone 'IOZ)332 2 163rFax(45) 33z-Z8f3 Address [3t g0 C ZZO * 6 0. NC 6 0Z0 Street/P.O.Box City Slate , Zip VIII. INDEMNIFICATION The Provider agrees,to the fullest extent permitted by law,to indemnify 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 fmished 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, sec, 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. l labor,all materials and all else whatsoever necessary to construct and properly finish all the work in connection with"GERALD R.FORD BIRTHSITE&GARDENS-RENOVATION,32nd&Woolworth Avenue,Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and •Public Property Department for the lump sum of: nn f BASE BID: euctt.�r- ��VC. tUSpa /l, Ill 'e (ti red 4W aG`3 ($ 75 9©0 Note: Refer to page 2 of 3 for Bid Bond,Completion Date&Performance Bond and page 3 of 3 for insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBEIDBE Listings should be directed to the Human Relations Department at 402-444-5055.4y (Please Print Legibly or Type) Firm POSrO I �t r ar 114 L r Inco grated in ,Ur kitiaitt:C1(6( Name rt i eSe-tn_ Signature Title tual-0V Phone 'IOZ)332 2 163rFax(45) 33z-Z8f3 Address [3t g0 C ZZO * 6 0. NC 6 0Z0 Street/P.O.Box City Slate , Zip EXHIBIT "A" •SCOPE OF SERVICES Construction Administration 1. General Administration of Construction Contract. Consult with Owner and act as Owner's representative as provided in the General Conditions. The extent and limitations of the duties,responsibilities, and authority of Engineer as assigned in the General Conditions shall not be modified,except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer,which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the General Conditions except as otherwise provided in writing. 2. Resident Project Representative (RPR). Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor's work. Responsibilities of the RPR are listed as part of Exhibit`B". 3. Selecting Independent Testing Laboratory. Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B,paragraph B2.01.0. 4. Pre-Construction Conference. Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 5. Schedules. Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer. 6. Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to proceed. 7. Visits to Site and Observation of Construction. In connection with observations of Contractor's Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress and quality of Contractor's executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents,but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations,Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents,and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such with"GERALD R.FORD BIRTHSITE&GARDENS-RENOVATION,32nd&Woolworth Avenue,Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and •Public Property Department for the lump sum of: nn f BASE BID: euctt.�r- ��VC. tUSpa /l, Ill 'e (ti red 4W aG`3 ($ 75 9©0 Note: Refer to page 2 of 3 for Bid Bond,Completion Date&Performance Bond and page 3 of 3 for insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBEIDBE Listings should be directed to the Human Relations Department at 402-444-5055.4y (Please Print Legibly or Type) Firm POSrO I �t r ar 114 L r Inco grated in ,Ur kitiaitt:C1(6( Name rt i eSe-tn_ Signature Title tual-0V Phone 'IOZ)332 2 163rFax(45) 33z-Z8f3 Address [3t g0 C ZZO * 6 0. NC 6 0Z0 Street/P.O.Box City Slate , Zip 15. Applications for Payment. Based.on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated,the quality of such Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe Contractor's Work. In the case of unit price work,Engineer's recommendations of payment will include fmal determinations of quantities and classifications of Contractor's Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment,Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment including fmal payment will impose on Engineer responsibility to supervise, direct, or control Contractor's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Contractor's Completion Documents. Receive, review, and transmit to Owner maintenance and operating instructions, schedules,guarantees,bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under paragraph A1.05.A.11, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain fmal payment. The extent of such review by Engineer will be limited as provided in paragraph A 1.05.A.11. 17. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor,conduct an inspection to determine if the Work is substantially complete. If after considering any objections of Owner,Engineer considers the Work substantially complete,Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Final Notice of Acceptability of the Work. Conduct a fmal inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E(the"Notice of Acceptability of Work")that the Work is acceptable(subject to the provisions of paragraph A1.05.A.15.b)to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBEIDBE Listings should be directed to the Human Relations Department at 402-444-5055.4y (Please Print Legibly or Type) Firm POSrO I �t r ar 114 L r Inco grated in ,Ur kitiaitt:C1(6( Name rt i eSe-tn_ Signature Title tual-0V Phone 'IOZ)332 2 163rFax(45) 33z-Z8f3 Address [3t g0 C ZZO * 6 0. NC 6 0Z0 Street/P.O.Box City Slate , Zip • EXHIBIT "B" RESIDENT PROJECT REPRESENTATIVE A. Engineer shall furnish a Resident Project Representative("RPR"), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. The RPR,assistants,and other field staff under this Exhibit B may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work,or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific terms set forth in Exhibit A of the Agreement are applicable. C. The duties and responsibilities of the RPR are as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: • a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent,assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. . Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor,conduct an inspection to determine if the Work is substantially complete. If after considering any objections of Owner,Engineer considers the Work substantially complete,Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Final Notice of Acceptability of the Work. Conduct a fmal inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E(the"Notice of Acceptability of Work")that the Work is acceptable(subject to the provisions of paragraph A1.05.A.15.b)to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBEIDBE Listings should be directed to the Human Relations Department at 402-444-5055.4y (Please Print Legibly or Type) Firm POSrO I �t r ar 114 L r Inco grated in ,Ur kitiaitt:C1(6( Name rt i eSe-tn_ Signature Title tual-0V Phone 'IOZ)332 2 163rFax(45) 33z-Z8f3 Address [3t g0 C ZZO * 6 0. NC 6 0Z0 Street/P.O.Box City Slate , Zip 10. Records: a. Maintain at the Site orderly files for correspondence,reports of job conferences,reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents,progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor,and other Project-related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures;and send copies to Engineer. c. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors,subcontractors,and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. • 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection,test,and system start-up reports. d. Immediately notify Engineer of the occurrence of any Site accidents,emergencies,acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. . 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer,noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. ions and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. . Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor,conduct an inspection to determine if the Work is substantially complete. If after considering any objections of Owner,Engineer considers the Work substantially complete,Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Final Notice of Acceptability of the Work. Conduct a fmal inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E(the"Notice of Acceptability of Work")that the Work is acceptable(subject to the provisions of paragraph A1.05.A.15.b)to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBEIDBE Listings should be directed to the Human Relations Department at 402-444-5055.4y (Please Print Legibly or Type) Firm POSrO I �t r ar 114 L r Inco grated in ,Ur kitiaitt:C1(6( Name rt i eSe-tn_ Signature Title tual-0V Phone 'IOZ)332 2 163rFax(45) 33z-Z8f3 Address [3t g0 C ZZO * 6 0. NC 6 0Z0 Street/P.O.Box City Slate , Zip c-25A • c r1-v OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City needs to engage an engineering consultant fiim to provide construction administration services for the construction of improvements. to the Cole ;Creek .- channel from Sorensen Parkway to Hartman Avenue; and, _ WHEREAS, Lamp, Rynearson & Associates, Inc. has agreed to perform these engineering services, the specifics of which are detailed in Exhibits "A" and "B" to the Agreement,which by this reference is made a part hereof; and, WHEREAS, Lamp, Rynearson & Associates, Inc., Inc. will perform the services listed in the Agreement for a fee not to exceed $49,400.00, which will be paid from the Stormwater Management Plan Fund 12143, Stormwater Management Plan Organization 128026. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Agreement with Lamp, Rynearson & Associates, Inc. to provide professional services for construction administration for the construction of improvements to the Cole Creek channel from Sorensen Parkway to Hartman Avenue is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Depai liiient is authorized to pay$49,400.00 for these services from the Stormwater Management Plan Fund 12143, Stormwater Management Plan Organization 128026. 1259hxf APPROVED AS TO FORM: • yyo � SL CITY ATTORNEY AtE „AL By Councilmember Adopted APR..2.:.8.2009 _ City Clerk Approved Mayor nspection,test,and system start-up reports. d. Immediately notify Engineer of the occurrence of any Site accidents,emergencies,acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. . 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer,noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. ions and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. . Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor,conduct an inspection to determine if the Work is substantially complete. If after considering any objections of Owner,Engineer considers the Work substantially complete,Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Final Notice of Acceptability of the Work. Conduct a fmal inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E(the"Notice of Acceptability of Work")that the Work is acceptable(subject to the provisions of paragraph A1.05.A.15.b)to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBEIDBE Listings should be directed to the Human Relations Department at 402-444-5055.4y (Please Print Legibly or Type) Firm POSrO I �t r ar 114 L r Inco grated in ,Ur kitiaitt:C1(6( Name rt i eSe-tn_ Signature Title tual-0V Phone 'IOZ)332 2 163rFax(45) 33z-Z8f3 Address [3t g0 C ZZO * 6 0. NC 6 0Z0 Street/P.O.Box City Slate , Zip „ 0 �• 0 CD 0 CD p - � n CD CD O N > Au O� rn ,� pD 6 C 0 0 ,t v, = 33 U V griCD (Pa ". O .-4) 4 Z co p CD CD O 0 N `� 0• P o a b d c) Q, P O P C \\ al C co n , _N O Q.. P O. rt .� O O O9 R. N W • 4` a CD CD O.. 2 ° / p . K k t k tzt an _ n' _ ° srt P I - CD ƒ — 2 , � .ƒ o a § ƒ • \ • X .