The URL can be used to link to this page

RES 2007-0604 - Agmt with RW Engineering Inc for riverfront trail north 0 / Oi'3.1 % .- t_, Parks, Recreation & ' �.� `1 � � ; M;� �: �' Public Property Department f f�1( gl ^ 13 Omaha/Douglas Civic Center ceei x,® ;,f1 �� ro 0"I y'�{ r‘l 1819 Farnam Street,Suite 701 �,� ro [�`` ,. Omaha,Nebraska 68183 0701 OQ'��D FEBRV�4� C{I`1 --.—^ ''� „ (402)444 5900 ` �I IA, ''I'"'rk s El A FAX(402)444-4921 City of Omaha May 15, 2007 Steven Scarpello Mike Fahey,Mayor Director Honorable President and Members of the City Council, Attached for your consideration is a Resolution that approves a Professional Services Agreement between the City of Omaha and R. W. Engineering, Inc. to provide project staking and layout of the third phase of the Riverfront Trail-North starting at Kiwanis Park and progressing north and east ending at Ida Street for the City of Omaha Parks, Recreation and Public Property Department. The Finance Department is authorized to pay for the cost of these professional services, on an hourly basis, not to exceed $21,010.00, from Back to the River.Project Fund No. 13435, Organization No. 131842, Back to the River Project and Project No. 0062, River Front Trail North Omaha Connector. This project will be 80% refunded by a TEA-21 Grant through the Nebraska Department of Roads. R. W. Engineering, Inc. has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance Your favorable consideration of this Resolution is respectfully requested. Respectfully submitted, Approved: ---- 1, `1-i1 C/o7 4 i )+; ; , Zit avI,� 5 17 Steve Scarpell�+, Director Date Gail Kinsey T . •.son, Dir ctor Date Parks, Recreation and Human Relations Department at) Public Property Department Approved as to Funding: Referred to City Council for Consideration: 6H0,--, 07-r 9y-6- 7 Carol Ebdon, Director Date Mayor's Office Date Finance Department.,vc P:\PRPP 1\8158sap.doc 'A\ '• • . N . . • (1 be made except upon written direction from authorized representative. J. Equal employment opportunity clause. Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any portion of this Professional Service Agreement—ENVIRONMENTAL PROFESSIONALS, INC. CONSTRUCTION ENGINEERING- RIVERFRONT TRAIL PHASE 3 Page 4 of 5 1°1 E.L.DISEASE-EA EMPLOYEES 10 0, 0 0 0 If no ,doecrlb9 under SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT S 500, 000 OTHER I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CIT2 0 01 SNOU LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City o f Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN Planning Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Cheryl Williams 1819 Farn am Room 1111 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR Omaha NE 68183 REPRESUNTATTVFS. AUTHORIZED RE.FR'ES T John 1. 3un ACORD 25(2001/08) (ACORD CORPORATION 1988 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 5TH day of April , 2007, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City" or "Client"), and RW ENGINEERING, INC. (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION A. CONSTRUCTION STAKING & LAYOUT- RIVERFRONT TRAIL PHASE 3 II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the attached hereto, for the City, relative to the above-referenced project. Such services shall be CONSTRUCTION STAKING & LAYOUT- RIVERFRONT TRAIL PHASE 3 completed within a reasonable period after receipt of a purchase order from the City. B. Provider designates RUSS FALCONER 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 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, a copy of which is provided in the attached Agreement For The Provision Of Limited Professional Services. E. Provider agrees to complete, within 120 calendar days after receipt of a signed agreement and a formal notice to proceed from the City, all items discussed in the Scope of Services for Construction Administration which include engineering and surveying services. The City recognizes that completion within this deadline is contingent upon timely meeting schedules and City input. Professional Service Agreement—RW ENGINEERING, INC. CONSTRUCTION STAKING &LAYOUT- RIVERFRONT TRAIL PHASE 3 Page 1 of 5 RPP 1\8158sap.doc 'A\ '• • . N . . • (1 be made except upon written direction from authorized representative. J. Equal employment opportunity clause. Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any portion of this Professional Service Agreement—ENVIRONMENTAL PROFESSIONALS, INC. CONSTRUCTION ENGINEERING- RIVERFRONT TRAIL PHASE 3 Page 4 of 5 1°1 E.L.DISEASE-EA EMPLOYEES 10 0, 0 0 0 If no ,doecrlb9 under SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT S 500, 000 OTHER I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CIT2 0 01 SNOU LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City o f Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN Planning Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Cheryl Williams 1819 Farn am Room 1111 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR Omaha NE 68183 REPRESUNTATTVFS. AUTHORIZED RE.FR'ES T John 1. 3un ACORD 25(2001/08) (ACORD CORPORATION 1988 III. DUTIES OF CITY A. City designates PAUL MARTIN as its contact person for this project, who shall provide a notice to proceed and such other 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 as specified in the Scope of Services, shall be performed on an hourly basis, but in no event shall exceed TWENTY ONE THOUSAND AND TEN DOLLARS ($21,010.001. The hourly basis shall be as set out in the proposal. The express written consent of the City shall be required in order to exceed said amount. B. Reimbursable expenses for CONSTRUCTION STAKING/ LAYOUT- RIVERFRONT TRAIL PHASE 3 shall be billed to the City by the Provider at actual cost. Detailed itemization of such expense shall be made available to the City upon request. In no event shall such expenses exceed ZERO DOLLARS ($0.00)without the prior written approval of the City. C. Provider shall submit periodic invoices to the City contact person, detailing services performed and the cost thereof. City shall pay such invoices within thirty (30) days after the date of the invoice. V. ADDITIONAL SERVICES A. 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. VI. INSURANCE REQUIREMENTS A. Provider shall carry professional liability insurance and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VII. INDEMNIFICATION A. The Provider agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors, and employees (collectively, Client), against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Consultant's negligent performance of professional services under this agreement and that of its subconsultants or anyone for whom the consultant is liable. Professional Service Agreement—RW ENGINEERING, INC. CONSTRUCTION STAKING&LAYOUT- RIVERFRONT TRAIL PHASE 3 Page 2 of 5 Page 1 of 5 RPP 1\8158sap.doc 'A\ '• • . N . . • (1 be made except upon written direction from authorized representative. J. Equal employment opportunity clause. Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any portion of this Professional Service Agreement—ENVIRONMENTAL PROFESSIONALS, INC. CONSTRUCTION ENGINEERING- RIVERFRONT TRAIL PHASE 3 Page 4 of 5 1°1 E.L.DISEASE-EA EMPLOYEES 10 0, 0 0 0 If no ,doecrlb9 under SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT S 500, 000 OTHER I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CIT2 0 01 SNOU LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City o f Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN Planning Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Cheryl Williams 1819 Farn am Room 1111 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR Omaha NE 68183 REPRESUNTATTVFS. AUTHORIZED RE.FR'ES T John 1. 3un ACORD 25(2001/08) (ACORD CORPORATION 1988 • B. The Client 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, to the extent caused by the Client's negligent acts in connection with the project. C. Neither the Client or the Provider shall be obligated in indemnify the other party in any manner watsoever for the other party's own negligence. IX. TERMINATION OF AGREEMENT A. This agreement may be terminated by the City upon written notice to the Provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the Provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. Professional Service Agreement—RW ENGINEERING, INC. CONSTRUCTION STAKING &LAYOUT- RIVERFRONT TRAIL PHASE 3 Page 3 of 5 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. VI. INSURANCE REQUIREMENTS A. Provider shall carry professional liability insurance and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VII. INDEMNIFICATION A. The Provider agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors, and employees (collectively, Client), against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Consultant's negligent performance of professional services under this agreement and that of its subconsultants or anyone for whom the consultant is liable. Professional Service Agreement—RW ENGINEERING, INC. CONSTRUCTION STAKING&LAYOUT- RIVERFRONT TRAIL PHASE 3 Page 2 of 5 Page 1 of 5 RPP 1\8158sap.doc 'A\ '• • . N . . • (1 be made except upon written direction from authorized representative. J. Equal employment opportunity clause. Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any portion of this Professional Service Agreement—ENVIRONMENTAL PROFESSIONALS, INC. CONSTRUCTION ENGINEERING- RIVERFRONT TRAIL PHASE 3 Page 4 of 5 1°1 E.L.DISEASE-EA EMPLOYEES 10 0, 0 0 0 If no ,doecrlb9 under SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT S 500, 000 OTHER I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CIT2 0 01 SNOU LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City o f Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN Planning Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Cheryl Williams 1819 Farn am Room 1111 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR Omaha NE 68183 REPRESUNTATTVFS. AUTHORIZED RE.FR'ES T John 1. 3un ACORD 25(2001/08) (ACORD CORPORATION 1988 r-. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, 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"A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any portion of this Professional Service Agreement—RW ENGINEERING, INC. CONSTRUCTION STAKING& LAYOUT- RIVERFRONT TRAIL PHASE 3 Page 4 of 5 E.L.DISEASE-EA EMPLOYEES 10 0, 0 0 0 If no ,doecrlb9 under SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT S 500, 000 OTHER I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CIT2 0 01 SNOU LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City o f Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN Planning Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Cheryl Williams 1819 Farn am Room 1111 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR Omaha NE 68183 REPRESUNTATTVFS. AUTHORIZED RE.FR'ES T John 1. 3un ACORD 25(2001/08) (ACORD CORPORATION 1988 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 �5-t day of ,� A) , 20 . W- �v�PeviJr, Sthr (/) , � , Provider Firm � .J / J A/141 I itness Authorized Signature W, cone.{ �1��1C�eV1 Print or Type Name Print or Type Name Title Witness:• - City of Omaha: /7/7 )11-i/424 c00/ ty lerk Mayor of the City of Om a Approved as to Form: al/4A_ Professional Service Agreement—RW ENGINEERING, INC. CONSTRUCTION STAKING&LAYOUT- RIVERFRONT TRAIL PHASE 3 Page 5 of 5 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"A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any portion of this Professional Service Agreement—RW ENGINEERING, INC. CONSTRUCTION STAKING& LAYOUT- RIVERFRONT TRAIL PHASE 3 Page 4 of 5 E.L.DISEASE-EA EMPLOYEES 10 0, 0 0 0 If no ,doecrlb9 under SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT S 500, 000 OTHER I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CIT2 0 01 SNOU LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City o f Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN Planning Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Cheryl Williams 1819 Farn am Room 1111 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR Omaha NE 68183 REPRESUNTATTVFS. AUTHORIZED RE.FR'ES T John 1. 3un ACORD 25(2001/08) (ACORD CORPORATION 1988 Engineering Surveying,Inc dha Sides Associates Exhibit A Consultants hours fees Professional Fee Summary Sheet Project Name: Riverfront Trail-North Phase 3 Project Number: DPS-28(70)C.N.21973 Agreement Type: Actual Cost Labor • Actual Name &Title Hours Rate/Hr. Cost Total Russell W. Falconer. PE, Principal-in-Charge 36 $30.00 $1,080.00 Karl Moseman,RLS, Survey Crew Chiet 160 $18.00 $2.880.00 Zeb Eckermann, Survey Instrument Person 160 $13.50 $2,160.00 Steven Huber, Survey Rod Person 160 $9.50 $1,520.00 Subtotal $7,640.00 Direct Labor Subtotal $7,640.001 Overhead @ 150% $11.460.00 • Sub-Total Labor&Overhead -S19,100.00 Profit: 10%of Subtotal $1,910.00 Total Labor, Overhead & Profit S21.010.00, Other Direct Costs Sub-Consultants Subtotal $0.00 S0.001 Reimburseable Expenses (see attached list) (mileage) • Subtotal $0.00j $0.001 •TOTAL ESTIMATED PROFESSIONAL FEES $21,010.00 (041 • 2/28/2007 EXHIBIT "B" Sheet 7 of 8 nflict 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"A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any portion of this Professional Service Agreement—RW ENGINEERING, INC. CONSTRUCTION STAKING& LAYOUT- RIVERFRONT TRAIL PHASE 3 Page 4 of 5 E.L.DISEASE-EA EMPLOYEES 10 0, 0 0 0 If no ,doecrlb9 under SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT S 500, 000 OTHER I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CIT2 0 01 SNOU LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City o f Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN Planning Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Cheryl Williams 1819 Farn am Room 1111 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR Omaha NE 68183 REPRESUNTATTVFS. AUTHORIZED RE.FR'ES T John 1. 3un ACORD 25(2001/08) (ACORD CORPORATION 1988 c-25a CITY OF OMAHA LEGISLATIVE CHAMBER • Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, R. W. Engineering, Inc. has submitted a proposal to provide the necessary staking and layout services for Phase 3 of the River Front Trail-North, to be constructed beginning at Kiwanis Park and progressing in a north and east direction, ending at Ida Street for the City of Omaha Parks, Recreation and Public Property Department; and, WHEREAS, R. W. Engineering, Inc. has agreed to perform the services listed in the attached Professional Services Agreement on an hourly basis not to exceed $21,010.00; and, WHEREAS, this project will be 80% refunded by a TEA-21 Grant through the Nebraska Department of Roads; and, WHEREAS, the Mayor has recommended approval of this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Mayor is authorized to sign and the City Clerk to attest the Professional Services Agreement with R.W. Engineering, Inc., on an hourly basis not to exceed $21,010.00, to provide Staking and layout services for Phase 3 of the River Front Trail-North, to be constructed starting at Kiwanis Park, 1524 East Locust Street, Omaha, Nebraska and progressing in a north and east direction, ending at Ida Street. The Finance Department is authorized to pay the cost of this project from Back to the River Project Fund No. 13435, Organization No. 131842, Back to the River Project and Project No. 0062, River Front Trail North Omaha Connector. This project will be 80% refunded by a TEA-21 Grant through the Nebraska Department of Roads. AP,- D A TO FORM: 5 (r4) 9 AS IS ANT CITY ATTORNEY DATE P:\PRPP 1\8162sap.doc l°444.11 By 943144- Councilmember Ado tea MAY 1 5 2007 �_Q p City Clerk 14 Approved/ am_ Mayor 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"A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any portion of this Professional Service Agreement—RW ENGINEERING, INC. CONSTRUCTION STAKING& LAYOUT- RIVERFRONT TRAIL PHASE 3 Page 4 of 5 E.L.DISEASE-EA EMPLOYEES 10 0, 0 0 0 If no ,doecrlb9 under SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT S 500, 000 OTHER I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CIT2 0 01 SNOU LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City o f Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN Planning Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Cheryl Williams 1819 Farn am Room 1111 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR Omaha NE 68183 REPRESUNTATTVFS. AUTHORIZED RE.FR'ES T John 1. 3un ACORD 25(2001/08) (ACORD CORPORATION 1988 b CD 0 6Z O Y O CD "'"' O CCDD O. d C .- . CD A., N 6' O A� , F :d v r0 "�'i Q Q (� p CD CD - o CD L"3 O �"! A) UQ 0 up r4 CD '0 y CD "T' fy • U. .� N CD O O W O .r ^ N I 1:6, co ci) cn Z+ a,•�O • J CD O • CD O� _ O eIZI z t-C ° N UQ .y f!Q rii N n '•'_ p O B e O' - p z O Uq• M p ' v CD Oc) wP-d0 Z O CD CD r a CD O ° N •-•-r. 0 CD .. v� 1 ems-' a.•. = • • • I 4 It 1 , ,* r n) .rTG r ...,,,.,�!' ` , ,i I