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ORD 37684 - Agmt with Lamson Dugan & Murray LLP to file suit against Figg Bridge Engineers Inc ,Qt;{AHA,A,4 d ;k`l f '4- ,, ; ; : Law Department s�►� rc r I Omaha/Douglas Civic Center Wo ,� rq, r I: �.� 1819 Farnam Street,Suite 804 y �, Omaha,Nebraska 68183-0804 o �ry (402)444-5115 A�rFn eeeR �4 Telefax(402)444-5125 City of Omaha `-'t , `, - `` Paul D.Kratz Mike Fahey,Mayor City Attorney Honorable President and Members of the City Council, The attached Ordinance authorizes the execution of a Professional Services Agreement between the City of Omaha and Lamson Dugan & Murray, LLP, to file a lawsuit on behalf of the City of Omaha against FIGG Bridge Engineers, Inc., regarding design plans for the Missouri River Pedestrian Bridge and to recover fees expended with such design. spcvt sub 'tte Referred to City Council for Consideration: ZA z o7 2- -/S=o? Paul . Kratz ate Mayor's Office Date City Attorney Approved as to Funding: C,c -.-0'( 9wzk, )a. s,1 Carol Ebdon ate Finance Director P:\LAWI\17059mafdoc part of irregular Tax Lot 6 in LEGAL.EDITOR the NE V4 of the NW V4 Section 35- Township 15 North-Range 13 East of the 6 PM, Douglas County, NE, lying north of of THE DAILY RECORD, of Omaha, a legal newspaper, printed and Richelieu Avenue and part of irregular Tax published daily in the English language, having a bona fide paid Lot 6 in the NE V4 of the NW V4,Section 35 Township 15 North-Range 13 East of the 6' circulation in Douglas County in excess of 300 copies, printed in PM, Douglas.County, NE, lying south of 'Omaha in said County of Douglas,for more than fift -two weeks last Richelieu Avenue, be, and hereby is, y acated;the vacating of the property herein past; that the printed notice hereto attached was published in THE described, and the reversion thereof, pursuant to applicable law, shall be subject DAILY RECORD;of Omaha,on to the conditions and limitation that there is reserved to the City of Omaha the right to April 4,, 2 0 0 7 maintain, operate, repair and renew sewers' now existing therein•and in the future to construct, maintain, repair and renew' additional or other sewers;and also the right, to authorize the public utilities and cable] television systems to construct, maintain,, repair or renew and operate now or That said Newspaper during that time was regularly published and hereafter installed water mains and mains, pole lines, conduits, electrc al Lion in the County of Dougl and State of Nebraska. transmission lines, sound and signal : transmission lines and other similar services Q`1 'NERP(NFni �1 Ktfr?---"-- and equipment and appurtenances above, .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. ORDINANCE NO. 0 9 eN AN ORDINANCE authorizing the execution of a Professional Services Agreement between the City of Omaha and Lamson Dugan & Murray, LLP to file suit on behalf of the City against Figg Bridge Engineers, Inc., involving the payment of money from appropriations for more than one year; to authorize payments from a specific account; and to provide for an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Authority is hereby granted and approval hereby given for the execution of a Professional Services Agreement between the City of Omaha and Lamson Dugan & Murray, LLP, involving the payment of money from appropriations of more than one year, in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; that said funds shall be paid from General Fund 11111, General Expense 119014, Attorney Fees 42329. Section 2. That the Mayor of the City of Omaha is authorized to execute and the City Clerk to attest on behalf of the City of Omaha the Professional Services Agreement entered into between the City of Omaha and Lamson Dugan & Murray, LLP, attached hereto and marked as Exhibit 1, and by this reference made a part hereof as fully set forth herein. on 35- Township 15 North-Range 13 East of the 6 PM, Douglas County, NE, lying north of of THE DAILY RECORD, of Omaha, a legal newspaper, printed and Richelieu Avenue and part of irregular Tax published daily in the English language, having a bona fide paid Lot 6 in the NE V4 of the NW V4,Section 35 Township 15 North-Range 13 East of the 6' circulation in Douglas County in excess of 300 copies, printed in PM, Douglas.County, NE, lying south of 'Omaha in said County of Douglas,for more than fift -two weeks last Richelieu Avenue, be, and hereby is, y acated;the vacating of the property herein past; that the printed notice hereto attached was published in THE described, and the reversion thereof, pursuant to applicable law, shall be subject DAILY RECORD;of Omaha,on to the conditions and limitation that there is reserved to the City of Omaha the right to April 4,, 2 0 0 7 maintain, operate, repair and renew sewers' now existing therein•and in the future to construct, maintain, repair and renew' additional or other sewers;and also the right, to authorize the public utilities and cable] television systems to construct, maintain,, repair or renew and operate now or That said Newspaper during that time was regularly published and hereafter installed water mains and mains, pole lines, conduits, electrc al Lion in the County of Dougl and State of Nebraska. transmission lines, sound and signal : transmission lines and other similar services Q`1 'NERP(NFni �1 Ktfr?---"-- and equipment and appurtenances above, .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. - ORDINANCE NO. Celt PAQE-2 Section 3. This Ordinance, being not of a legislative character, shall be in full force and take effect immediately upon passage, under and by virtue of the authority granted by Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended. INTRODUCED BY COUNCILMEMBER 1C)ssøc' &j14.4. APPROVED BY: 02 7 MAYOR OF THE CITY F OMAHA DATE PASSED MAR 2 7 2007 dk3 4/,9e-,,zoky 3 / , r eQ6; 7%/ n, a44e9/12an, 1/C�i�/ ATTEST: ,`// / �/� p � ��,�� l ll6; ilex 14v? c y)e/tSDi'I c!IGc2FJe C CL 'RIC OF Y OF OMAHA DAT� APPROVIIEDATO/O . 4 217 CITY ATT! " Y ATE P:\LAW 1\17060maf.doc �4 , z .v-ps , 0-s A a 68504 -6- PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into thisc 1 day of YnaVtC007, by and between the City of Omaha, a municipal corporation located at 1819 Farnam Street, Suite 701, Omaha, in Douglas County, Nebraska (hereinafter referred to as the "City"), and Lamson Dugan and Murray, LLP, a Nebraska limited liability partnership located at 10306 Regency Parkway Drive, Omaha (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth hereinbelow. The City and Provider agree as set forth below: T. PROJECT NAME AND DESCRIPTION Breach of Contract and Negligence Claim/Litigation against FIGG Bridge Engineers, Inc. pertaining to FIGG's failure to develop preliminary and final design plans for the Missouri River Pedestrian Bridge Project that could be constructed within the anticipated budget. II. DUTIES OF PROVIDER A. Provider agrees to perform professional legal services for the City, relative to the abovereferenced project. B. Provider designates William M. Lamson, Jr. 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 funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five years after the expiration of this agreement. III. DUTIES OF CITY City designates Paul Kratz, City Attorney, as its contact person for this project, who shall provide such written authorizations as are necessary to commence or proceed with the project and various aspects of it. IV. COMPENSATION AND PAYMENT A. The cost of services shall be paid pursuant to a contingency fee arrangement. Provider will receive 25% of all amounts recovered by settlement prior to trial or 33% of all amounts recovered by judgment if the case goes to trial. Expenses will be reimbursed by City within 30 days of receipt of an itemized billing statement from Provider. rein•and in the future to construct, maintain, repair and renew' additional or other sewers;and also the right, to authorize the public utilities and cable] television systems to construct, maintain,, repair or renew and operate now or That said Newspaper during that time was regularly published and hereafter installed water mains and mains, pole lines, conduits, electrc al Lion in the County of Dougl and State of Nebraska. transmission lines, sound and signal : transmission lines and other similar services Q`1 'NERP(NFni �1 Ktfr?---"-- and equipment and appurtenances above, .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. • V. ' OWNERSHIP All documents, reports, models, photographs, exhibits and filings, regardless of format or media, created, developed and/or provided pursuant to the terms of this agreement shall be and become the property of the City. 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 malpractice insurance and public liability insurance, and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. INDEMNIFICATION (1) To the fullest extent permitted by law, the Provider shall indemnify and hold harmless the City, its agents and employees, their successors and assigns, individually and collectively, from and against all claims, suits, damages, fines, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the provision of services under this agreement, provided that such claim, suit, damage, fine, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, regardless of whether or not such claim, suit, damage, fine, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph. (2) In claims against any person or entity indemnified under this paragraph by an employee of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Provider under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 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,maps,models,reports or photographs shall become, at the City's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. X. GENERAL CONDITIONS A. Nondiscrimination. 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, 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 law. Parties to this agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all 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. Equal employment opportunity clause. Annexed hereto as Exhibit "B" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "B" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any and all finished or unfinished documents,maps,models,reports or photographs shall become, at the City's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: (1) Withholding of all future payments under the involved contracts to the Provider in violation until it is determined that the Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. EXECUTED this 2 day of,474f,A , 2007. Lamson, Dugan and Murray, LLP, Provider :)-- --411."11A.--- By k/ /`� Witness William M. Lamso r. EXECUTED thi29 day of Aid 2007. Attest: - , CITY OF OMAHA, a Municipal Corporation T By 1 ..ta..4 ,. City Clerk Mike Fahey, Mayor ,.fit 1 } • APPROVE T FO • City Attorne p:\prof sery ag lamson dugan conting fee 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. Equal employment opportunity clause. Annexed hereto as Exhibit "B" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "B" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any and all finished or unfinished documents,maps,models,reports or photographs shall become, at the City's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. • EXHIBIT "B" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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, contract compliance officer 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 Contract Compliance Officer 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, finished or unfinished documents,maps,models,reports or photographs shall become, at the City's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. 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 Contract Compliance Officer. 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. • -2- regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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, contract compliance officer 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 Contract Compliance Officer 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, finished or unfinished documents,maps,models,reports or photographs shall become, at the City's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. t r _ i p • MOTION BY COUNCILMEMBER Vit Q S I hereby move that Council Document No. 2 Sg, Current Series, be amended by 1 detaching the Exhibit "1" attached to the Ordinance and incorporated therein and substituting the attached Exhibit "1" which shall be attached to such Ordinance and incorporated as if fully set forth therein. APPROVED AS TO FORM: (i.//afr( Jr4 7 ASSIST T CITY ATTORNEY Date P:\LAW1\7967sap.doc � I I i l ll6; ilex 14v? c y)e/tSDi'I c!IGc2FJe C CL 'RIC OF Y OF OMAHA DAT� APPROVIIEDATO/O . 4 217 CITY ATT! " Y ATE P:\LAW 1\17060maf.doc �4 , z .v-ps , 0-s A a 68504 -6- • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this day of , 2007, by and between the City of Omaha, a municipal corporation located at 1819 Farnam Street, Suite 701, Omaha, in Douglas County, Nebraska (hereinafter referred to as the "City"), and Lamson Dugan and Murray, LLP, a Nebraska limited liability partnership located at 10306 Regency Parkway Drive, Omaha (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth hereinbelow. The City and Provider agree as set forth below: I. PROJECT NAME AND DESCRIPTION Breach of Contract and Negligence Claim/Litigation against FIGG Bridge Engineers, Inc. pertaining to FIGG's failure to develop preliminary and final design plans for the Missouri River Pedestrian Bridge Project that could be constructed within the anticipated budget. II. DUTIES OF PROVIDER A. Provider agrees to perform professional legal services for the City, relative to the abovereferenced project. B. Provider designates William M. Lamson, Jr. 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 funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five years after the expiration of this agreement. III. DUTIES OF CITY City designates Paul Kratz, City Attorney, as its contact person for this project, who shall provide such written authorizations as are necessary to commence or proceed with the project and various aspects of it. IV. COMPENSATION AND PAYMENT A. The cost of services shall be paid pursuant to a contingency fee arrangement. Provider will receive 25% of all amounts recovered by settlement prior to trial or 33% of all amounts recovered by judgment if the case goes to trial. Expenses will be reimbursed by City within 30 days of receipt of an itemized billing statement from Provider. red 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 Contract Compliance Officer 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, finished or unfinished documents,maps,models,reports or photographs shall become, at the City's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. • • V. OWNERSHIP ' All documents, reports, models, photographs, exhibits and filings, regardless of format or media, created, developed and/or provided pursuant to the terms of this agreement shall be and become the property of the City. 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 malpractice insurance and public liability insurance, and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. INDEMNIFICATION (1) To the fullest extent permitted by law, the Provider shall indemnify and hold harmless the City, its agents and employees, their successors and assigns, individually and collectively, from and against all claims, suits, damages, fines, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the provision of services under this agreement, provided that such claim, suit, damage, fine, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, regardless of whether or not such claim, suit, damage, fine, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph. (2) In claims against any person or entity indemnified under this paragraph by an employee of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Provider under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 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,maps,models, reports or photographs shall become, at the City's option, its property. ty's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. X. GENERAL CONDITIONS A. Nondiscrimination. 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, 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 law. Parties to this agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all 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. Equal employment opportunity clause. Annexed hereto as Exhibit "B" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "B" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any e of termination, and all finished or unfinished documents,maps,models, reports or photographs shall become, at the City's option, its property. ty's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. r portion of this program as therein stated and described will subject the offending party to any or • all of the following penalties: (1) Withholding of all future payments under the involved contracts to the Provider in violation until it is determined that the Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. I EXECUTED this 2 day of/%i , 2007. Lamson, Dugan and Murray, LLP, Provider By e Witness William M. Lamso r. EXECUTED this . day of , 2007. Attest: CITY OF OMAHA, a Municipal Corporation By City Clerk Mike Fahey, Mayor �-—APPROVE ' T FO — s _ City Attornee ---�---t� p:\prof sery ag lamson dugan conting fee • I 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. Equal employment opportunity clause. Annexed hereto as Exhibit "B" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "B" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any e of termination, and all finished or unfinished documents,maps,models, reports or photographs shall become, at the City's option, its property. ty's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. • i. ' p t i Q. C voa. � CCD V O 0 1- .0 .: \ ,c4" ►� CD a lik:1/41\ :, fa,o o Fr 1G�! Fli- o "1" which shall be attached to such Ordinance and incorporated as if fully set forth therein. APPROVED AS TO FORM: (i.//afr( Jr4 7 ASSIST T CITY ATTORNEY Date P:\LAW1\7967sap.doc � I I i l ll6; ilex 14v? c y)e/tSDi'I c!IGc2FJe C CL 'RIC OF Y OF OMAHA DAT� APPROVIIEDATO/O . 4 217 CITY ATT! " Y ATE P:\LAW 1\17060maf.doc �4 , z .v-ps , 0-s A a 68504 -6- 0 'G 0 r w H r - , - n z z --1-1 O 1 O 1.4 c C' = O m 0 73 Z Z Z G" n m - 4 5' I fk (t) 8 CD � � � � � O . : =' �m rn <. � "' 8 �- 70 0 cp Lc) .- rn A. P', o ° t7P 0 0 Q \ 2 Z c 2 ,-* a- 0 Z �\ '° 'i� c Q °, � o _ 4g Z m n8 m0 A � 1\3 � o v o' � 03 IND 0 `� r o .� c C o , �� ! v C p R 0 0 5. b �, o nr s Z a � Pcic ,t 0 � `.: °Q . X \ .k.% k 4 . PT, t. . ,,,,, G NG ' a � G j V �---t� p:\prof sery ag lamson dugan conting fee • I 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. Equal employment opportunity clause. Annexed hereto as Exhibit "B" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "B" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any e of termination, and all finished or unfinished documents,maps,models, reports or photographs shall become, at the City's option, its property. ty's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. NOTICE TO PUBLIC' THE DAILY RECORD The following Ordinance has been set for OF OIVIAHA • City' Councilncil heearingron March 6,2007, at 2:00 p.m., in the Legislative Chambers, Omaha/Douglasreet, Civic Center, 1a1 9 Farnapersons RONALD A. HENNINGSEN, Publisher Street, at which hearing interested,may be heard. AN ORDINANCE authorizing the PROOF OF PUBLICATION execution of a Professional Services Agreement betweenn & the y,ty of Omaha and UNITED STATES OF AMERICA, 'Lamson Dugan &Murray, LLP to file suit behalf of the City against Figg The State of Nebraska, Engineers, Inc., involving the payment of SS. money from appropriations for more than District of Nebraska, one year; to authorize payments fore an County of Douglas, specific accodate her and to provideCity of Omaha, effective date hereof. BUSTER BROWN, City Clerk 3-2-07 J.BOYD being duly sworn,deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on March 2, 2007 Tha ::E.: •{`•.-r:aper during that time was regularly published and in e l oiiiin the County of D•a ,and State of Nebraska. i 4Q;rGi.N ERA 'P `,,, i /� NOTARY Subscribed in �4 presence and sworn to before MISSION 14 . 2 °ulishe $ me this day of jx Or �sRES ar 07 •f ditiApal Copies L$ j.z.,... ta it, �9 — jch he in or Douglas County,h OF NE \••"""'�. State of Nebraska y 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. Equal employment opportunity clause. Annexed hereto as Exhibit "B" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "B" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any e of termination, and all finished or unfinished documents,maps,models, reports or photographs shall become, at the City's option, its property. ty's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. • "NOTICE TO PUBLIC" THE DAILY RECORD ORDINANCE NO.37684 ��//��A�� AN ORDINANCE authorizing the OF OMAHA execution of a Professional Services Agreement between the City of Omaha and RONALD A. HENNINGSEN, Publisher Lamson Dugan &Murray, LLP to file suit on behalf of the City against Figg Bridge PROOF OF PUBLICATION Engineers, Inc., involving the payment of money from appropriations for more than one year; to authorize payments from a specific account; and to provide for an UNITED STATES OF AMERICA, effective date hereof. The State of Nebraska, SUMMARY: SS. AN ORDINANCE authorizing the District of Nebraska, execution of a Professional Services Countyof Douglas, Agreement between the City of Omaha and ou g Lamson Dugan &Murray, LLP to file suit on City of Omaha, behalf of the City against Figg Bridge Engineers, Inc., involving the payment of • money from appropriations for more than J.BOYD one year; to authorize payments from a specific account; and to provide for an being duly sworn,deposes and says that she is effective date hereof. PASSED: March 27,2007, AS AMENDED,4- LEGAL EDITOR 3 MAYOR OF THE 3/29/07 CITY OF OMAHA of THE DAILY RECORD, of Omaha, a legal newspaper, printed and BUSTER BROWN, published daily in the English language, having a bona fide paid City Clerk 4-4-07 circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on April 4 , 2007 sa,14) aper during that time was regularly published and .a tit in the County of Doug;and State of Nebraska. • 1401Aft;pN Subscribed in § resence and sworn to before INOS ifeltlishetty:laS $' 21 9 0 me this 4th day of • ddth n Rc ..• �� Not and or4jEo7 s County, S ate of Nebraska 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. Equal employment opportunity clause. Annexed hereto as Exhibit "B" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "B" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any e of termination, and all finished or unfinished documents,maps,models, reports or photographs shall become, at the City's option, its property. ty's option,its property. .:'�0- Subscribed in resence and sworn to before on and below the surface of the ground for' • the purpose of serving the general public or ' ' �pRY /y�� abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of shall also include such lateral connection or` yy vA1`t s branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7 permitted by the City or such other utility, - and •to enter upon the premises toy 0\• .•Q accomplish the above purposes at any and �' fipES' all times.That no buildings, improvements, lAT •"''n\�� Not and o o las County, or other structures shall be placed in, on, QF \''�r ate of Nebraska rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - - 'All vegetation upon the premises, including but not limited to,trees,bushes, and crops, and all structures upon the premises, ,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __ fences,drives and walks, may be damaged ,or removed as necessary in the exercise of • the rights herein reserved without compensation to any person. Section 2.That this Ordinance shall be in full force and take effect fifteen (15) days from,,and after the date of its passage. PASSED: March 27,2007,7-0 APPROVED BY: MIKE FAHEY 3/29/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk • '4-4-Q7 „ --r.. •,t1,1),:o .,,, 49 N , Cc\ • \1Q:1:1 tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/ < -1\ L. 2"' .r.- ,t, .. ,\. c• i / vise 4,,,;-- ait. ,Q f".. .......„ cc' z• ... ' IS PUZ6 N •rc -g E ISell:sNL6 2 Es .3 0 c...1 7 2 -..--r-LQ-§ ••,...,er , 1S-I99 ,_ .•-•,-E '-,-- !.. „ ' i•-• 'I- .c,---11;r PAV PuZ6 N IS PJ£6 N ,- - PA ' ..311 ' •I ,--i i" ';.1 V. • FIGG BRIDGE ENGINEERS, INC. Exhibit 1 • FIGG estimates were reasonably prepared and professionally prudent compared to historical data and comparable projects available at the time FIGG Construction Cost Estimate compared to Nebraska Department of Roads(NDOR) historical unit price tabulations Construction item FIGG Construction NDOR historical unit Cost Estimate price Epoxy coated reinforcing steel $0.60 /lb. $0.56 /lb. Retaining wall face panels $21.00 /sq. ft. $17.77 /sq. ft. Drilled shafts $275 /linear ft. $222 /linear ft. Drilled shafts rock socket $450 /linear ft. $290 /linear ft. Superstructure concrete: approaches $425 /cu. yd. $305 /cu. yd. FIGG Construction Cost Estimate compared to unit prices of similar projects Construction item FIGG Sidney Lamar Maumee River Wabasha Street Construction Bridge,GA Bridge,OH Bridge, MN Cost Estimate Superstructure concrete: $1,000/cu.yd. — $1,091/cu.yd. $800 /cu.yd. main span Cable-stayed main span $425 /sq.ft. $266 /sq.ft. $371 /sq.ft. _ units 14x89 steel piling $35 /linearft. _ _ $33 /linearft. • • • 03/06/07-09:33 BRASHEAR LLP 00054248:1 FIGG BRIDGE ENGINEERS, INC. Exhibit 2 • Producer Price Index for Hot Rolled Steel Bars & Structures, 2002-2005 1215/03 313/04 Final Construction Cost Bids opened Estimate submitted 170 - 160 - 150 - 0 140 - 0 i 130 • �20 41_....—noTa process_� (stable prioesf 03 r. 110 Bidders Fxdge against additional 100 price volatility 90 80 , 2002 2003 2004 2005 03/06/07-09:33 BRASHEAR LLP 00054248:1 FIGG BRIDGE ENGINEERS, INC. Exhibit 3 Producer Price Index for Ready-Mix Concrete, 2002-2005 12/5/03 3/3/04 Final Construction Cost Bids opened Estimate submitted 190 185 - 180 c 175 =' TQ 4_ Design process �♦ CO (stable pries) 160 - Bidders hedge against 55 - _JPadditional price volatility 150 r r i r r rt i r , t t i rii i i tigs 04c `as.* IA V* Cfr tio.4C V* 061/4' liOSt 06‘ 2002 2003 2004 2005 03/06/07-09:33 BRASHEAR LLP 00054248:1 2 ƒ A R ƒ ? 7 § \ E \ § 7 ) k / § R m — # . _ _ k E 3 P f 2 \ '' q . . n e o m g @ Z \ . §. � 6 _ § 0qC-i) \ N.- 2 d 6 \ 0F ? 7 % o ® 4`~ \ q 7 ° n ¢ 2 - m � 0 k / ok. ƒ ` \ 7 0 § / s. I % 2002 2003 2004 2005 03/06/07-09:33 BRASHEAR LLP 00054248:1