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RES 2022-0364 - PSA with Lamp Rynearson for construction documentation for Gallagher Park Renovation City Clerk Office Use Only: 21) � )�J ' Publication Date (if applicable): • RESOLUTION NO. (� '�-1-' Agenda Date: i 02-1 i if- C Department: I _/� t Submitter: I . i! C 1 CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Lamp Rynearson, Inc. was awarded a Professional Services Agreement for the Gallagher Park Phase 2 Improvements with Lamp Rynearson, Inc., to provide construction documentation for the Gallagher Park Renovation, located at 2936 North 52nd Street, Omaha, Nebraska, in the amount of $69,900.00, for the Parks, Recreation, and Public Property Department; and, WHEREAS, in accordance with Omaha Municipal Code, Section 10-187, Lamp Rynearson, Inc. was selected and has agreed to provide professional services for the project as delineated in the attached Professional Services Agreement, which by this reference is made a part hereof; and, WHEREAS, Lamp Rynearson, Inc. has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights - Human Relations; and, WHEREAS, the Mayor has recommended acceptance of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Resolution in the total amount of $69,900.00 for Lamp Rynearson, Inc. to perform professional services for the Gallagher Park Phase 2 Improvements located at 2936 North 52nd Street, Omaha, Nebraska, for Parks, Recreation, and Public Property Department, is hereby approved. The Finance Department is authorized to pay the total amount of $69,900.00 from the 2018 Parks and Recreation Fund No. 13357 and Organization No. 117317, Parks and Culture Bond, Project I.D. No. 2011P501. APPROVED AS TO FO . p:2939mtc 3/3a/_7 EPUT CITY ATTORNEY DATE AFk Adopted: Attest: City Clerk Approved: ( I� Mayor PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this )2 day of ! p \ , 20 ZZ, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and LAMP RYNEARSON, INC., 14710 W. Dodge Rd., Ste. 100, Omaha, NE 68154 (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION A. Gallagher Park Phase 2 Improvements- Professional Landscape Architectural Services II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Gallagher Park Phase 2 Scope of Services,March 7,2022,attached hereto,for the City,relative to the above referenced project. Such services shall be completed within a reasonable period after receipt of a purchase order from the City. B. Provider designates Zack Fergus,PLA,ASLA,as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five (5) years after the expiration of this agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers, employees, and sub-consultants, a copy of which is provided in the attached Agreement For The Provision Of Limited Professional Services. E. Provider agrees to complete within Four (4) Months after receipt of a signed agreement and a formal notice to proceed from the City, all items discussed in the Scope of Services. The City recognizes that completion within this deadline is contingent upon timely meeting schedules and City input. Provider shall furnish the City with one (1) complete hard copy set of the final documents, including plans, specifications and meeting notes and one (1) complete Digital copy of all documents, including plans, specifications and meeting notes if applicable. Word documents and spread sheets shall be provided in the latest format of MS Word and Excel. Drawings, if applicable shall be provided in CAD format compatible with AutoCAD 2018. F. Provider shall be responsible for reviewing all project plans and specifications with appropriate departments and agencies for compliance with City ordinances, state and federal law, building, plumbing, electric and fire codes and other pertinent laws and regulations. Professional Services Agreement—Gallagher Park Phase 2 Improvements—Professional Landscape Architectural Services LAMP RYNEARSON Page 1 III. DUTIES OF CITY A. City designates Katie Swanson, PLA ASLA, Park Planner, 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 SIXTY-NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($69,900.00). The hourly basis shall be as set out in Scope of Services, March 7, 2022. The express written consent of the City shall be required in order to exceed said amount. B. Provider shall complete and return to the City a W-9 form, copy attached, as required by the City prior to any payments being made to the Provider. 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) calendar days after the date of the invoice. E. INCREASE OF FEES 1. The parties hereto acknowledge that, as of the date of the execution of the Agreement, §10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent (10%), if the original fee is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. 2. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this section will be quoted in all future city contracts. Nothing in this section is intended to alter the authority of the Mayor under§5.16 of the Charter to approve immediate purchases. V. OWNERSHIP A. The City acknowledges the Provider's construction documents, including electronic files, as instruments of professional service. Nevertheless, upon completion of the services and payment in full of all monies due to the Provider, the final construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the prior written authorization of the Provider. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider, its officers, directors, employees and sub-consultants (collectively, Provider) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the City, regardless of whether such reuse or modification is for use at the Project site or another site. Professional Services Agreement—Gallagher Park Phase 2 Improvements—Professional Landscape Architectural Services LAMP RYNEARSON Page 2 VI. 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. VII. INSURANCE REQUIREMENTS A. Provider shall carry professional liability insurance in the minimum amount of five hundred thousand dollars ($500,000) and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. INDEMNIFICATION A. The Provider agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City, its officers,directors and employees(collectively,City)against all damages,liabilities or costs,including reasonable attorneys'fees and defense costs,to the extent caused by the Provider's negligent performance of professional services under this Agreement and that of its sub-consultants or anyone for whom the Provider is legally liable; provided,that with respect solely to the said duty to defend,such duty of the Provider to defend shall arise only if,and to the extent,such duty is covered by Provider's insurance.The City agrees,to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees and sub-consultants (collectively, Provider)against all damages,liabilities or costs, including reasonable attorneys'fees and defense costs in connection with the Project, to the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. IX. TERMINATION OF AGREEMENT 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)calendar days prior to the effective date of such termination. In the event of termination, the Provider shall be entitled to just and equitable payment for services rendered to the date of termination,and all finished or unfinished documents,data surveys,studies,drawings,maps,models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin or disability/handicap in the selection of sub-consultants, including procurements of materials and leases of equipment as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code§13-89. B. Captions. Captions used in this agreement are for convenience and are not used in the construction of this agreement. Professional Services Agreement—Gallagher Park Phase 2 Improvements—Professional Landscape Architectural Services LAMP RYNEARSON Page 3 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 §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. Contract compliance Ordinance No. 35344, 510-192— Equal Employment Opportunity Clause. During the performance of this contract, the Consultant agrees as follows: 1) The Consultant shall not discriminate against any employee applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-89. The Consultant 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, age, sexual orientation, gender identity, disability,or national origin. The Consultant 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; laid off; and terminated. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant,state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age, sexual orientation, gender identity, disability,or national origin. 3) The Consultant 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 Professional Services Agreement—Gallagher Park Phase 2 Improvements—Professional Landscape Architectural Services LAMP RYNEARSON Page 4 worker's representative of the Consultant'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 Consultant 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 §§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 Consultant. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The Consultant shall take such actions with respect to any sub-consultant 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 Consultant becomes involved in or is threatened with litigation as the result of such direction by the City, the City will enter into such litigation as is necessary to protect the interests of the City and to effectuate these provisions (of this division); and in the case of contracts receiving federal assistance, the Consultant or the City may request the United States to enter into such litigation to protect the interests of the United States. 6) The Consultant shall file and shall cause his sub-consultants, if any to file compliance reports with the Consultant 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 Consultant and his sub-consultants. 7) The Consultant shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and §10-193 in every subcontract of purchase order so that such provisions will be binding upon each sub-consultants or vendor. K. New Employee Work Eligibility Status(Neb. Rev. Stat.§4-108-114)-Contract Provisions. 1) The Consultant is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reformation and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. 2) If the Consultant is an individual or sole proprietorship, the following applies: a. The Consultant must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us. b. If the Consultant indicates on such attestation form that he or she is a qualified alien, the Consultant agrees to provide the US Citizenship and Immigration Services documentation required to verify the Consultant's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. Professional Services Agreement—Gallagher Park Phase 2 Improvements—Professional Landscape Architectural Services LAMP RYNEARSON Page 5 c. The Consultant understands and agrees that lawful presence in the United States is required and the Consultant may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. L. Independent Contractor. It is understood and agreed by and between the parties that any and all acts that the Provider or its employees, agents, contractors, or servants perform pursuant to the terms of the Agreement shall be undertaken as independent contractors and not as employees of the City. Neither Provider nor any of its employees or agents shall be construed to be the employee or agent of the City for any purpose whatsoever. Provider shall not be entitled to any benefits of the City. The City shall not provide any insurance coverage to the Provider or its respective employees including, but not limited to workers' compensation insurance. Provider and the City shall be responsible for all reports, obligations, and payments pertaining to social security taxation, income tax withholding, workers' compensation, unemployment compensation, group insurance coverage, collective bargaining agreements, or any other such similar matters. Provider shall have no authority to bind the City by or with any contract or agreement, nor to impose any liability upon the City. All acts and contracts of the Provider shall be in its own name and not in the name of the City, unless otherwise provided herein. Professional Services Agreement—Gallagher Park Phase 2 Improvements—Professional Landscape Architectural Services LAMP RYNEARSON Page 6 EX TED this 142 day of MAac N 20 ZZ.. by ,fr%CJe WITN S be Sl..p! Gr pop I.-*A o t 1Z TITLE EXECUTED this 50 ..72,6 1 L20 by D puty Cit Attorney EXECUTED this ) Z '" day of n'pYI \ , 20 C L /City�of Omaha, a M ' ipal Corp. Elizabeth Butler, City Clerk Jean Stothert, Mayor City of Omaha City of Omaha Professional Services Agreement—Gallagher Park Phase 2 Improvements—Professional Landscape Architectural Services LAMP RYNEARSON Page 7 EXHIBIT"A" Revised: 6/2011 Utilization of Small and Emerging Small Businesses It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. With regard to this project,the following Certified Professional Service Provider(s)have been identified and contracted with to perform the identified project tasks: Scope of work or Projected project tasks to commenceme Name of small or be performed nt and Agreed price emerging small Address completion with SB/ESB Percentage(%) business date of work Totals CERTIFICATION The undersigned certifies that he/she is legally authorized by the Provider to make the statements and representations regarding small and/or emerging small business participation and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with the identified small and/or emerging small business(es)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)at the price(s)set forth in this Exhibit conditioned upon execution of this Agreement by the Provider with the City of Omaha. The undersigned/Provider agrees that if any of the representations made regarding utilization of small and/or emerging small business by the Provider knowing them to be false,or if there is a failure by the Provider to implement the stated agreements, intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the agreement,entitling the City of Omaha to terminate the Agreement for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Agreement,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the undersigned/Provider will be subject to the terms of any future professional service awards. Signature Title Date of Signing Firm or Corporate Name Address Telephone Number End of Exhibit A Professional Services Agreement—Gallagher Park Phase 2 Improvements—Professional Landscape Architectural Services LAMP RYNEARSON Page 8 EXHIBIT A Engineer's Services Engineer shall provide Basic and Additional Services as set forth below and in accordance with the schedule included at the end of this Exhibit A. BASIC SERVICES A. Site and Play Area Design 1. Prepare schematic design documents to identify play area equipment and layout. 2. Prepare design development and final construction plans, including: a. Site Plan. b. Removals Plan. c. Grading and Erosion Control Plan. d. Sewers and Utilities Plan. e. Public Improvement Plan. f. Site, Paving, and Surfacing Plan. g. Site Furnishings Plan h. Planting Plan i. Planting Notes and Details j. Miscellaneous Site Details Plan. k. Restroom Mechanical and Electrical Plan 3. Prepare specification notes to be included on the plans. 4. Prepare construction cost estimates at the end of design development and at 99%construction documents. 5. Removal plan shall include existing play equipment and shelter at the northwest corner of the park site. 6. Restroom shall be pre-fabricated unit, model 2022 or 2024 from Romtec, Inc. Mechanical and electrical plans for interior of the restroom shall be by others. 7. Coordinate with the CLIENT to specify project hardscape elements such as benches, waste receptacles, bike racks, and other amenities, and include this information on the Site Furnishings Plan. 8. Coordinate with utility companies regarding utility services for the project including water,gas, power,telephone, and cable television. 9. Coordinate with the CLIENT, mechanical/electrical engineer, and the City of Omaha Public Works Department. 10. Coordinate with the CLIENT to include sustainable and inclusive elements in the landscape architectural design of this project. 11. Attend three (3) site plan design coordination meetings during design of the project. Exhibit A—Engineer's Scope of Services Page 1 12. Prepare up to four (4) hours of drawing revisions to original stamped and sealed plans based on Owner approved changes during bidding and construction.Additional or significant drawing revisions will be considered additional services. Site and Playground Design Assumptions 1. A geotechnical investigation will be prepared by Others and made available for our use prior to final design. 2. A traffic impact study is not required. If required, the preparation of a traffic study will be considered additional services. 3. Zoning, platting, use permits, and other waivers are not required. 4. We have assumed the area of disturbance is under 1-acre and will not need a grading permit. If a grading permit is required, this will be considered additional services. 5. We have assumed site lighting is not included in this project. 6. Retaining walls are not required. If required, design of retaining walls will be considered additional services. 7. Exterior stairs and/or accessible ramps are not required. If required, design of exterior stairs and/or accessible ramps will be considered additional services. 8. We have assumed wetlands and/or jurisdictional waterways are not located within the project site. If these features are present, preparation of any required reports or other documentation will be considered additional services. 9. We will coordinate with the restroom manufacturer to determine the location and elevation of proposed utility stub locations. Lamp Rynearson will require this information a minimum of two (2) weeks prior to completion of the plans. Lamp Rynearson is not responsible for delays due to the manufacturer's failure to provide this information in a timely manner. 10. The project will not be LEED certified. If it is determined the project will be submitted for LEED accreditation,those services will be considered additional services. 11. A separate overlot grading and surcharge plan is not required. If required, the design and production of a separate overlot grading and will be considered additional services. B. Splash Pad Design 1. Prepare schematic design documents to identify splash pad equipment and layout. 2. Prepare design development and final construction plans, including: a. Demolition Plan. b. Mechanical Plan. c. Plumbing Plan. d. Splash Pad Site, Feature, and Surfacing Plan. 3. Splash pad removals,grading, sewers, and utilities shall be included on the Site and Play Area Design plans. 4. Prepare material and equipment specification manual. 5. Generate the Nebraska Health and Human Services(NHHS)and State Electrical Division permit applications. Exhibit A—Engineer's Scope of Services Page 2 6. Forms and finishes of splash pad to be indicated on the Splash Pad Site, Feature, and Surfacing Plan. Splash Pad Design Assumptions 1. The splash pad will be a potable/flow-through system with no pumps and no water treatment of tank or system (i.e. filtration and disinfection.) 2. The splash pad will be separated from the existing pool system. 3. The splash pad will have a wall mounted supply manifold plumbing to (13) below and above grade features. 4. We have assumed there will be no changes to the existing changing areas, concession space, or staff area. 5. Any fees associated with the review of permit applications shall be fulfilled by the CLIENT. 6. Splash pad shall be designed to NHHS permit standards. 7. We have assumed the existing power source and existing storm system has sufficient capacity for this addition. 8. Shop drawing review, requests for information and clarifications, and completion of the NHHS documents is excluded from this proposal. If requested, these services will be considered additional services. C. Post Construction Stormwater Management Plan (PCSMP) Design 1. Review the local regulatory agency's PCSMP requirements for the proposed site, complete preliminary calculations, investigate alternatives, and review the associated costs with the CLIENT. 2. Attend one (1) coordination meeting with the local regulatory agency's Public Works department to discuss PCSMP options and to reach consensus on the proposed measures. 3. Complete the PCSMP drainage study. 4. Complete the final design of the required stormwater management systems and prepare the PCSMP. 5. Coordinate with the local regulatory agency's public works department and prepare final application materials for the PCSMP, maintenance agreement, and easement. PCSMP Design Assumptions 1. We anticipate the local regulatory agency will apply"no net increase" requirements for storm runoff between pre- and post-development conditions; therefore, on-site stormwater runoff detention and/or retention will be required to control excess flows for the 2-, 10-and 100-year storm events. 2. A PCSMP will also be required to capture the first%-inch of runoff from the site. The proper best management practices (BMPs) will be determined by the engineer in coordination with the CLIENT. 3. PCSMP installation observation and certification are covered in a separate section of this proposal.This work is required to comply with the terms of the PCSMP permit. Exhibit A—Engineer's Scope of Services Page 3 D. Post Construction Stormwater Management Plan(PCSMP) Certification 1. Perform periodic observation during construction of the best management practices (BMPs) to confirm the measures detailed in the PCSMP are constructed in general conformance with the approved plans, as required under the terms of the PCSMP. 2. Upon satisfactory construction of the BMPs, submit the following to the local regulatory agency: a. PCSMP BMP certification. b. PCSMP construction record drawings. c. Engineer's field reports and/or other supporting documentation. PCSMP Certification Assumptions 1. It is anticipated approximately two(2)visits to the project site will be required during and after construction of the BMPs for PCSMP certification. 2. The construction contractor will notify Lamp Rynearson of the schedule of construction of the PCSMP BMPs. If these BMPs are installed without a minimum of 48 hours' notice, additional action may need to be taken by the construction contractor for PCSMP certification to take place. Costs incurred by Lamp Rynearson to oversee this additional action will be considered additional services. 3. Verification of BMP invert elevations, as required for submittal of construction record drawings, will be provided by the contractor. E. General Assumptions 1. The project will be completed in accordance with the scope outlined above and assumes a "one-time design." Any modifications to the design concept after work has been completed will be considered additional services. 2. Electronic files for the site plan and topographic survey compatible with ACAD 2020 will be provided to Lamp Rynearson by the CLIENT. 3. All meetings will be in the Omaha metropolitan area. 4. Fees for any applications, filings or permitting, fees required by governing agencies, or any other fees not specifically defined herein are not included in our fees and, if required, will be paid by the CLIENT. 5. Unless Lamp Rynearson specifically requests shop drawings or other material information be submitted for review, Lamp Rynearson will not accept, review, or transmit any shop drawing or other submittals. SCHEDULE We are prepared to begin work on the project immediately upon receipt of a signed copy of this proposal. Site design requires a minimum of 10 weeks. Site design shall commence when the CLIENT transmits the approved final layout to Lamp Rynearson in AutoCAD format or when the signed agreement is returned to Lamp Rynearson,whichever occurs later. Exhibit A—Engineer's Scope of Services Page 4 This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated March 7, 2022. ENGINEER'S STANDARD HOURLY RATES A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraph 4.01 and are subject to annual review and adjustment. B. Schedule of Hourly Rates: Lamp Rynearson, Inc. Hourly Rate Schedule March 28,2021 -March 26,2022 Category Category Description Billing Rates PRINCIPALS HOURLY RATE 100 Principal I $ 219.00 101 Principal II $ 243.00 102 Principal Ill $ 268.00 103 Principal IV $ 292.00 104 Principal V $ 316.00 SENIOR ADVISOR HOURLY RATE 270 Senior Advisor $ 243.00 GROUP LEADERS HOURLY RATE 225 Group Leader I $ 158.00 226 Group Leader II $ 175.00 227 Group Leader III $ 193.00 228 Group Leader Senior I $ 210.00 229 Group Leader Senior II $ 227.00 230 Group Leader Senior III $ 244.00 240 Group Leader Senior IV $ 261.00 PRACTICE LEAD HOURLY RATE 276 Practice Lead I $ 150.00 277 Practice Lead II $ 181.00 278 Practice Lead III $ 216.00 279 Practice Lead IV $ 250.00 PROJECT MANAGERS HOURLY RATE 123 Project Manager I $ 130.00 EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Appendix 1,Page 1 124 Project Manager II $ 138.00 125 Project Manager III $ 148.00 271 Project Manager IV $ 159.00 272 Project Manager V $ 171.00 273 Project Manager VI $ 183.00 274 Project Manager VII $ 194.00 275 Project Manager VIII $ 208.00 126 Project Manager Senior I $ 148.00 127 Project Manager Senior II $ 164.00 128 Project Manager Senior III $ 175.00 129 Project Manager Senior IV $ 183.00 130 Project Manager Senior V $ 194.00 241 Project Manager Senior VI $ 208.00 261 Project Manager Senior VII $ 233.00 TECHNICAL EXPERTS HOURLY RATE 282 Technical Expert I $ 158.00 283 Technical Expert II $ 193.00 284 Technical Expert III $ 227.00 285 Technical Expert IV $ 258.00 PROJECT ENGINEERS HOURLY RATE 115 Project Engineer I $ 94.00 116 Project Engineer II $ 105.00 117 Project Engineer III $ 115.00 118 Project Engineer IV $ 125.00 234 Project Engineer V $ 135.00 119 Project Engineer Senior I $ 127.00 120 Project Engineer Senior II $ 139.00 121 Project Engineer Senior III $ 162.00 122 Project Engineer Senior IV $ 173.00 242 Project Engineer Senior V $ 194.00 243 Project Engineer Senior VI $ 212.00 260 Project Engineer Senior VII $ 225.00 PROJECT ARCHITECT HOURLY RATE 288 Project Architect I $ 119.00 ENGINEERING INTERNS HOURLY RATE 105 Engineering Intern I $ 61.00 106 Engineering Intern II $ 72.00 LAND PLANNERS HOURLY RATE 262 Landscape Architect Intern $ 51.00 207 Landscape Architect I $ 80.00 208 Landscape Architect II $ 90.00 209 Landscape Architect III $ 99.00 210 Landscape Architect IV $ 109.00 211 Landscape Architect Senior I $ 122.00 EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Appendix 1,Page 2 212 Landscape Architect Senior II $ 135.00 213 Landscape Architect Senior III $ 153.00 214 Landscape Architect Senior IV $ 171.00 215 Landscape Architect Senior V $ 189.00 265 Landscape Architect Senior VI $ 207.00 HYDROGEOLOGIST HOURLY RATE 244 Hydrogeologist IV $ 112.00 GIS HOURLY RATE 198 G.I.S. Intern I $ 51.00 199 G.I.S. Intern II $ 60.00 200 G.I.S. Technician $ 69.00 201 G.I.S. Specialist I $ 79.00 202 G.I.S. Specialist II $ 88.00 245 G.I.S. Specialist III $ 98.00 203 G.I.S. Specialist Senior I $ 96.00 204 G.I.S. Specialist Senior II $ 105.00 205 G.I.S. Specialist Senior III $ 113.00 206 G.I.S. Manager $ 155.00 3D SERVICES HOURLY RATE 216 3D Application Specialist I $ 102.00 217 3D Application Specialist II $ 112.00 218 3D Application Specialist III $ 124.00 219 3D Application Specialist Senior I $ 129.00 PROJECT DESIGNERS AND ADMINISTRATORS HOURLY RATE 107 Project Designer I $ 76.00 108 Project Designer II $ 89.00 109 Project Designer III $ 97.00 110 Project Designer IV $ 108.00 231 Project Designer Senior I $ 118.00 232 Project Designer Senior II $ 132.00 233 Project Designer Senior III $ 147.00 111 Project Administrator I $ 72.00 112 Project Administrator II $ 82.00 113 Project Administrator III $ 95.00 114 Project Administrator IV $ 102.00 ENGINEERING/CAD TECHNICIANS HOURLY RATE 131 Engineering Technician I $ 70.00 132 Engineering Technician II $ 79.00 133 Engineering Technician III $ 92.00 134 Engineering Technician IV $ 97.00 135 Engineering Technician Senior I $ 90.00 136 Engineering Technician Senior II $ 97.00 137 Engineering Technician Senior III $ 107.00 138 Engineering Technician Senior IV $ 111.00 EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Appendix 1,Page 3 139 CAD Manager $ 145.00 CONSTRUCTION ENGINEERS HOURLY RATE 189 Construction Engineer I $ 86.00 190 Construction Engineer II $ 96.00 191 Construction Engineer III $ 105.00 192 Construction Engineer IV $ 114.00 194 Construction Engineer Senior I $ 121.00 195 Construction Engineer Senior II $ 133.00 196 Construction Engineer Senior III $ 149.00 197 Construction Engineer Senior IV $ 167.00 221 Construction Engineer Senior V $ 186.00 246 Construction Engineer Senior VI $ 206.00 286 Construction Engineering Lead I $ 180.00 287 Construction Engineering Lead II $ 194.00 STORMWATER TECHNICIANS HOURLY RATE 252 Stormwater Technician I $ 70.00 253 Stormwater Technician II $ 79.00 254 Stormwater Technician III $ 87.00 255 Stormwater Technician IV $ 96.00 256 Stormwater Technician Senior I $ 88.00 257 Stormwater Technician Senior II $ 96.00 258 Stormwater Technician Senior III $ 103.00 259 Stormwater Technician Senior IV $ 111.00 CONSTRUCTION OBSERVERS HOURLY RATE 181 Observer I $ 55.00 182 Observer II $ 65.00 183 Observer III $ 76.00 184 Observer IV $ 87.00 185 Observer V $ 97.00 CONSTRUCTION COORDINATORS HOURLY RATE 186 Construction Coordinator I $ 95.00 187 Construction Coordinator II $ 104.00 188 Construction Coordinator III $ 114.00 LAND SURVEYORS HOURLY RATE 167 *Land Surveyor l $ 110.00 168 Land Surveyor II $ 124.00 169 Land Surveyor III $ 141.00 170 Land Surveyor Senior I $ 159.00 171 Land Surveyor Senior II $ 179.00 172 Survey Project Manager I $ 92.00 173 Survey Project Manager II $ 114.00 174 Survey Project Manager III $ 126.00 175 Survey Project Manager Senior I $ 147.00 176 Survey Project Manager Senior II $ 160.00 EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Appendix 1,Page 4 222 Survey Project Manager Senior III $ 172.00 SURVEY OFFICE/CAD TECHNICIANS HOURLY RATE 177 Survey Technician I $ 73.00 178 Survey Technician II $ 83.00 179 Survey Technician Senior I $ 87.00 180 Survey Technician Senior II $ 94.00 248 Survey Technician Senior III $ 102.00 PARTY CHIEFS HOURLY RATE 164 *Party Chief l $ 85.00 165 *Party Chief 1/ $ 96.00 166 *Party Chief 1// $ 106.00 SURVEY FIELD CREW HOURLY RATE 160 *Field Technician Apprentice l $ 47.00 247 *Field Technician Apprentice II $ 57.00 161 *Field Technician I $ 68.00 162 *Field Technician II $ 75.00 163 *Field Technician 111 $ 85.00 PILOT HOURLY RATE 249 Pilot $ 105.00 OFFICE HOURLY RATE 280 Accountant $ 86.00 154 Accounting Assistant I $ 57.00 155 Accounting Assistant II $ 67.00 156 Accounting Assistant III $ 77.00 236 Administrative Intern $ 40.00 140 Administrative Assistant I $ 51.00 141 Administrative Assistant II $ 61.00 142 Administrative Assistant Senior I $ 70.00 235 Administrative Assistant Senior II $ 80.00 143 Administrative Coordinator $ 81.00 281 Billing Specialist $ 77.00 220 Client Development Manager I $ 106.00 223 Client Development Manager II $ 126.00 224 Client Development Manager III $ 145.00 263 Client Development Manager IV $ 164.00 264 Client Development Manager V $ 187.00 159 Client Development Director $ 175.00 266 Client Manager I $ 114.00 267 Client Manager II $ 128.00 268 Client Manager III $ 142.00 157 Controller $ 184.00 153 Graphic Designer I $ 79.00 250 Graphic Designer II $ 89.00 237 HR Assistant I $ 59.00 EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Appendix 1,Page 5 238 HR Coordinator Senior I $ 86.00 158 HR Manager $ 152.00 147 IT Applications Manager $ 150.00 148 IT Manager $ 168.00 144 IT Intern I $ 49.00 145 IT Technician I $ 59.00 146 IT Technician II $ 72.00 149 Marketing Assistant I $ 50.00 150 Marketing Assistant II $ 63.00 151 Marketing Coordinator I $ 75.00 152 Marketing Coordinator II $ 88.00 239 Office Services Manager $ 105.00 251 Organizational Development Specialist $ 96.00 269 Organizational Development Lead $ 112.00 *These category rates include fields supplies and equipment. These charges include full compensation for payroll costs,general overhead, administration and anticipated profit on labor. Charges for items other than labor which are applicable to the project are listed on Schedule#2. Personnel usually perform duties related to their classification; however, in the interest of efficiency,personnel with diversified experience may perform several types of work; in all cases,charges will be made according to payroll classification and not according to the type of work performed. EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Appendix 1,Page 6 , ,.. i. BEDFORD AVENUE ---------_-:----------- ,- , ' -----,,, ,I*--,,,,,7*':-*** kfFP 'I1i, ;°‘'o 'V'..." '-' , . 55 REMOVE EXISTING 1 ; PLAYGROUND % 1 ; . * 4 -..- -- 1 1 --4 ,.... ---- , , , 2 -----'COMPLETE SIDEWALK LOOP . , , POOL IMPROVEMENTS -AQUATI FLAGPOLE = .' CS UPGRADES --) ------- IIII'''''‘. PLANTING BELC :''-1* i , •' / \ '161' 1 a ' , i I BENSON ) ; 1 HIGH MAGNETSCHOOL 0 , I NEW SPLASH PAD ' ' , - —---,---2' ... --- NEW RESTROOM Ix 1 HALF-COURT v,' 11 BASKETBALL - . , : 7----\ ._-1 SMALL PICNIC .,./ I I ) SHELTER --/ i fi , , :f44, '. /I ' 4-,i I, NEW PIAYGROUND -:- ,, r, , 1 -.71.-"I** ' IMPROVED, - 1,,-,-, PEDESTRIAN ACCESS te- . / 1 ' ; RENOVATE MEMORI4 . l ,Of I PICNIC AREA 1 FOUNTAIN PLAZA t - IMPROVEMENTS I ; 1 1 ; 4--- _-, - _ _____, ___ - - - -- - , NW RADIAL HIGHWAY ., , --4 f. I 1 1 , 1i , ;,. , '; . , , EXHIBIT B,., GALLAGHER PARK REDEVELOPMENT - CONCEPT PLAN NORM JANUARY 20,2022 SCALE:1"=50'-0"