RES 1999-1618 - Agmt with RDG Schutte Wilscam Birge for Tranquility Park tennis facility •
pD1A11A••V
Nh b Administrative Se ices Department
1 E.t�n&.c l V P`D Omaha/Douglas Civic Center
T 1819 Famam Street,Suite 706
41444* • 99 JUN !o i�; Omaha,Nebraska 68183-0706
or r ( )
AoR�r FEW)
E i �. 3 FAX(402)444-5903
FD FEBR 0/ /y _A,
L Patrick J.McPherson
+tli deft
City of Omaha ° 1;1%c J Director
Hal Daub,Mayor .
•
Honorable President
and Members of the City Council,. •
Transmitted herewith is a Resolution approving the Architectural/Engineering Services Agreement
between the City of Omaha and RDG Schutte Wilscam Birge,Inc. for professional services relative
to the design and preparation of construction contract documents for the Tranquility Park Tennis
Facility project. The work proposed at this facility,which has been recommended by the Parks and
Recreation Department, is scheduled in the Capital Improvement Program for start in 1999. In
anticipation of this proposed construction initiation, it is necessary that plans and specifications for
the work be developed. •
The City of Omaha does not have sufficient staff to undertake a project of this magnitude and RDG
Schutte Wilscam Birge was selected for this work in accord with the provisions of the ordinance
pertaining to the selection for such professional services; the Parks and Recreation Department has
concurred in this selection.
RDG Schutte Wilscam Birge .has agreed to undertake the work, as detailed in the attached
Agreement, for a fee not to exceed$50,875.00 with reimbursables not to exceed$500.00,for a total
contract price of$51,375.00. This cost is payable from Park Bond 1996 Fund 357, Organization
1295, Agency 120.
RDG Schutte Wilscam Birge has filed the required Annual Contract Compliance Report form
(CC-1) in the Human Relations Department; as is City policy, the Human Relations Director will
review the firm to determine its compliance with Ordinance 28885.
•
Honorable President
and Members of the City Council
Page 2
The Administrative Services Department and the Parks and Recreation Department recommends
approval of the Resolution and Architectural/Engineering Services Agreement with RDG Schulte
Wilscam Birge.
Sincerel
C/v/ii
Patric I McPherson Date
Administrative Services Director
Reco ded: Approved:
4,
qQ � 6//97
Larry N. Foster,Acting Director ate Rita Vlademar Date
Parks, Recreation&Public Property . Acting Human Relations Director
Approved as to Funding: Referred to City Council for Consideration:
6 7i 6/P
Louis D'Ercole Date Mayor's Office/Title Date
• Finance Director'
P:\ASD\9278.SKZ
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this .DO day of ,
1941 by and between the City of Omaha, a municipal corporation located in ouglas County,
Nebraska(hereinafter referred to as the "City"), and RDG Schutte Wilscam Birge, Inc. (hereinafter
referred to as the "Provider"), 8805 Indian Hills Drive, Suite 100, Omaha, NE 68114 on the terms,
conditions and provisions as set forth hereinbelow.
I. PROJECT NAME AND DESCRIPTION
Tranquility Park Tennis Facility
H. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, as set out and more fully described in
the Proposal for Architectural and Engineering Services attached hereto, for the City, relative to the
above-referenced project which is illustrated in Exhibit "A". Such services shall be completed
within a reasonable period after receipt of a purchase order from the City.
B. Provider designates Joe Lang 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
Proposal for Architectural/Engineering Services-Schedule of Compensation (Exhibit "A").
E. Provider agrees to compile, within 90 calendar days of receipt of a purchase order from
the City, all documents necessary to submit the above-referenced project for bidding. The City
recognizes that completion within this deadline is contingent upon timely meeting schedules-and
City input. Provider shall furnish the City with three (3) complete sets of Design Development
Documents and three (3) complete sets of the final documents, including plans and specifications.
Provider shall respond to all inquiries regarding such documents from prospective bidders.
F. Provider agrees to furnish one complete set of reproducible mylar construction drawings
to the City prior to completion of the project. Provider shall furnish the City with a complete set of
drawings and specifications on computer disc(s) format as requested by the City.
G. Provider agrees to comply with Section 10-144 of the Omaha Municipal Code which
provides that the City may require that further copies of the contract product be submitted to the City
of Omaha for distribution as follows: one copy to the City Council President, one copy to the City
Clerk, and one copy to the City Council Staff. Such copies shall be considered as a reimbursable
expense of the contract.
H. 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.
III. DUTIES OF THE CITY
A. City designates Dave Johnson 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.
B. City shall furnish Provider all forms and information necessary for Completion of bid
documents including,but not limited to, sample agreement forms and general conditions language
for contracts.
C. The City will be responsible for the printing of all construction and bid documents as well
as distribution of plans and addenda to potential bidders.
IV. COMPENSATION AND PAYMENT
A. The cost of services as specified in the Scope of Service shall be performed for a lump
sum of$50,875.00. The additional services will be provided on an hourly basis as set out in Exhibit
"A", Proposal for Architectural Engineering Services-Schedule of Compensation. The express
written consent of the City shall be required in order to exceed said amount.
B. Reimbursable expenses 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 $500.00 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. OWNERSHIP
All plans and specifications provided pursuant to the terms of this Agreement, including but
not limited to construction mylars, shall be and become the property of the City.
No additional compensation shall be due the Provider from the City for such plans and
specifications. However, if the plans and specifications are re-utilized by the City, the City agrees
to contract with the Provider for any required adaptations, contingent upon the negotiation of a fee
- 2 -
r 7
for this service acceptable to both the City and the Provider. The City will indemnify the architect,
RDG Schutte Wilscam Birge, for any unauthorized reuse of the plans and specifications.
VI. ADDITIONAL SERVICES
In the event additional services for the aforementioned project not covered under this
P J
Agreement are required, Provider agrees to provide such services at a mutually agreed upon cost.
VII. INSURANCE REQUIREMENTS
Provider shall carry professional liability insurance and shall carry worker's 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, 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. 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 those 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 or RDG Schutte Wilscam Birge upon written
notice to the other of such termination and specifying the effective date at least seven (7) days prior
to the effective date of such termination. In the event of termination, the Provider shall be entitled
to just and equitable payment for services rendered to the date of termination, and all finished or
unfinished documents. Data surveys, studies, drawings,maps, models,reports or photographs shall
become, at the City's option, its property.
X. GENERAL CONDITIONS
A. Non-discrimination. Provider shall not, in the performance of this Agreement,
discriminate or permit discrimination in violation of federal or state laws or local ordinances because
•
--,� - 3 -
of race, color, sex, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha
Municipal Code 13-89, political or religious opinions, affiliations or national origin.
B. Captions. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
C. Applicable 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 or 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 "C" and made a part
hereof by reference are the equal employment provisions of this contract. All reference in Exhibit
"C" to "Contractor" shall mean "Provider". Refusal by the Provider to comply with any 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;
- 4 -
1
f
(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 2a day of M47f , 1999.
RDG Schutte Wilscam :' g- Inc.
B
Y
1.0 4$:$4414
(Title)
EXECUTED this3y of , 1999.
CITY OF 0 A, a i unicipal Corporation
. � : ti
By
M. or
APPROVED AS TO FORM:
E111 LJ1.
(7.4 c;A/4/(
Ass stantkity Attorney 4<`,
City Clerk
P:\ASD\4479.PJM
• - 5 -
L
{ '1
EXHIBIT 'B"
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.
(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.
P:WSD\4479.PJM
N
c=25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the City of Omaha proposed to renovate and expand the Tranquility Park
Tennis Facility, as identified in the currently adopted Capital Improvements Program; and,
WHEREAS,the City of Omaha does not have sufficient staff to undertake a project
of this magnitude and RDG Schutte Wilscam Birge, Inc. was selected to provide the professional
services necessary for this Tranquility Park Tennis Facility project, in accord with provisions of the
ordinance pertaining to the selection for such professional services; and,
WHEREAS,Parks and Recreation Department has concurred in the selection of RDG
Schutte Wilscam Birge, Inc. for this project; and,
WHEREAS,RDG Schutte Wilscam Birge,Inc. has agreed to undertake the work, as
detailed in the attached Agreement, which by this reference is made a part hereof, for a stipulated
fee of$50,875.00, with reimbursements not to exceed$500.00.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT,the Architectural/Engineering Agreement with RDG Schutte Wilscam Birge,
Inc. for professional services necessary for the design and preparation of construction contract
documents for the Tranquility Park Tennis Facility project is approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the cost of professional
architectural and engineering services provided by RDG Schutte Wilscam Birge,Inc.,in accord with
the terms of this Agreement,from Park Bond 1996 Fund 357, Organization 1295, Agency 120.
PAASD\9279.SxZ APPROVED AS TO FORM:
C ("1--cy
CITY ATTORNEY DATE
B Cita Wnk.d.ck
Y
Councilmember
Adopted N 2 2 1999 G—o •
afor
/ t1 Clerk
Approv: �
Mayor `�j0
ro
Lk) a-, �i01a, ra. > pc, 7d.
S, LA..-• '� O . A, O c2i� 0 U4 CD 0
3:t f 1mflllb
: J v' OC• O ,-, a-
- 'd N Cp OQ �' � 'a CD ►�I-t CD
' it = 01 A) CD CD ry 0 O CD to Q
! CD • �• �' O cop •
• COfV 0, N piLlilib
�O O<
O CD CD
na� C S G• ' 0- CI
'• - OQ ,C O •�C N `C
Ci)
'ii �� N O bd
G. ry, CAD a CAD CCD cn ,-r CD 0"4
I
/03eP---)yte7t_?Noe4_,
‹.e.C...liev :
4 \4' t. r le`*�`
1
L