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RES 1999-0428 - Agmt with Big Muddy Workshop for siting of city training campus (not adopted) • oe+nHn,.v �oF i Administrative Services Department. a 1 '!'� �; Omaha/Douglas Civic Center f 1819 Famam Street,Suite 706 z Alt -; Omaha,Nebraska 68183-0706 (402)444-3814 FAX(402)444-5903 AO'- ry: En FEW) Patrick J.McPherson City of Omaha Director Hal Daub,Mayor Honorable President and Members of the City Council, Transmitted herewith is a resolution approving an agreement for limited professional services between the City of Omaha and the Big Muddy Workshop. The agreement provides for consulting services in the development of the viable alternative for siting of the City of Omaha Training Campus. Prior to the November electorate approval of public facility bond issues, the Administration had recommended two sites for the joint police and fire training facility which met with unfavorable results. In an effort to better identify the needs of the Police and Fire Departments, to better define the project scope and develop preliminary cost estimates for land acquisition and infrastructure, as well as the training facility to be constructed, the Administration proposes to engage the expertise of a consultant for the proposed project. In consultation with City staff, the Big Middy Workshop will refine the project program, evaluate potential training campus sites, recommend a site for development, develop conceptual drawings, and develop a master plan for the proposed training facility. The goal of this effort is to provide the necessary information upon which the City Council can decide siting issues for this project. the Big Muddy Workshop was selected to perform this work in accord with the Architects and Engineers Review and Selection process. the Big Muddy Workshop will perform the services contained in this agreement for a fee not to exceed $24,990.00 which will be paid from the 1998 Public Facility Bond Fund 336. the Big Muddy Workshop 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. The Administrative Services Department for the Administration recommends your approval of this resolution and agreement for limited professional services. Referr to Cit ouncil for Cons•deration: cW/'1791 Pat McPherson Date Mayor's Office/Title Date Administrative Services Director .pro ed as to Funding: Ap ,ved: ouis A. D'Ercol e r ate orge D vi , Jr. ate Finance Director Human ' elations Directors P:\MAY\6869.MAF a Z Agreement For The Provision Of Limited Professional Services for City of Omaha Department of Administrative Services Omaha Public Safety Training Campus Programming, Site Selection & Master Planning Omaha,Nebraska This agreement for limited professional landscape architectural services (hereinafter referred to as "Agreement")to be provided by the Big Muddy Workshop (hereinafter referred to as "A/E") for City of Omaha Department of Administrative Services (hereinafter referred to as "Owner") on the project detailed under Article 1. SCOPE OF SERVICES This Scope of Services outlines the professional services required to refine the project program, evaluate potential training campus sites, select a site for development, develop conceptual layout drawings and develop a master plan for the proposed police and fire training facility in Omaha, Nebraska. This Scope of Services is based upon a request of David G. Johnson, City Administrator with the City of Omaha. The A/E will: 1.1 Attend Briefings & Meetings. The A/E will provide briefings and attend meetings as requested by the Owner. 1.2 Programming Meetings. The A/E will attend and participate in programming efforts led by RDG-Schulte Wilscam Birge as requested by the Owner. 1.3 Obtain Site Data. The A/E will coordinate with appropriate agencies to obtain the following public domain documents necessary to develop base maps for planning purposes: USGS Quad maps Aerial photographs Floodplain maps (FIRM) National Wetlands Inventory maps Existing plats Proposed developments 1.4 Base Maps. The A/E will develop base maps for potential sites indicating topography and the general location of existing roads, drainageways,buildings,floodplains,wetlands,wooded areas and major utility easements using published, public domain documents. Deliverables: Base maps 1.5 Identify Land Use Development Patterns. The A/E will meet with a representative of the Omaha City Planning Department to identify existing and proposed land use development patterns adjacent to each site which have potential impacts on the proposed training campus. Deliverables: Surrounding land use development plans for each site 1.6 Concept Layout Drawings. The A/E will develop a concept layout drawing for each site illustrating the layout and relationship of the facilities on-site including vehicular circulation and buffer zones. The A/E will determine probable property boundary lines for site acquisition. Deliverables: Concept layout drawings 1.7 Cost Opinions. The A/E will assist the Owner's Civil Engineering consultant in their development of probable off-site and on-site site improvement costs. 1.8 Site Characteristic Summaries. The A/E will develop site characteristic summaries for each site identifying proposed site size and buffer area, number of existing landowners, probable site acquisition costs,probable off-site utility extension costs,probable on-site site improvement costs and extraordinary development costs. Deliverables: Site characteristic summary sheet for each site 1.9 Site Evaluation Matrix. The A/E will develop an evaluation matrix for use in evaluating potential sites using criteria developed by the Owner and Consultants. The A/E will incorporate information to be supplied by other design consultants. Deliverables: Site Evaluation Matrix for each site 1.10 Coordination with Other City of Omaha Design Consultants. The A/E will meet with other design consultants working for the Owner on the project, as directed by the Owner. The A/E will develop information for the other consultants as directed by the Owner. The A/E will provide other consultants copies of plans or other information as directed by the Owner. 1.11 Revise Concept Layout Drawings. The A/E will revise concept layout drawings based on comments and direction received from Owner at review meetings. Deliverables: Revised concept layout drawings 1.12 Revise Site Characteristic Summaries. The A/E will revise site characteristic summaries for each revised site based on comments and direction received from Owner at review meetings. Deliverables: Revised site characteristic summary sheets 1.13 Master Plan and Cost Opinion. Upon selection of the final site, the A/E will develop a master plan illustrating the major improvements and facilities to be included in the project. The A/E will develop a portion of the opinion of probable construction costs for their areas of responsibility and will coordinate costs with other consultants. Deliverables: Final Color Master Plan Opinion of Probable Construction Costs Additional Services Any services required in addition to those listed in the Scope of Services and including subsequent design phases for this project will be performed upon written authorization from the Owner at the - 2 - A/E's prevailing standard hourly billing rates plus reimbursable expenses as shown on Attachment «A„ Excluded Services Services not set forth above as Basic Services or Additional Services and listed in Article 1 of this Agreement are excluded from the A/E's Scope of Services and the A/E assumes no responsibility to perform such services. ARTICLE 2 FEE ARRANGEMENT 2.1 Fee Type and Sum. The A/E agrees to provide the above basic services on a time and expenses basis not to exceed Twenty-four thousand, nine hundred and ninety dollars and no cents ($24,990.00). 2.2 Professional Fees. All time expended by the A/E will be billed at standard hourly billing rates, not to exceed Twenty-four thousand,seven hundred and forty dollars and no cents($24,740.00).The A/E's standard hourly billing rates are found in Attachment "A". 2.3 Expenses. Anticipated reimbursable expenses will include drafting materials, long distance telephone, in-house production and mileage expenses.Reimbursable expenses shall not exceed three hundred dollars and no cents ($250.00). ARTICLE 3 SPECIAL TERMS AND CONDITIONS 3.1 Access to Site. Unless otherwise stated, the A/E will have access to the site for activities necessary for the performance of the services at all reasonable hours. 3.2 Indemnification. Owner agrees to indemnify and hold harmless the A/E from and against any and all claims, damages, losses, and expenses arising out or resulting from the performance of services under this Agreement,provided that any such claim,damage, loss, or expense is not due to the negligent acts, errors, or omissions of the A/E. 3.3 Limitation of Liability. In recognition of the relative risks and benefits of the project to both the Owner and the A/E,the risks have been allocated such that the Owner agrees,to the fullest extent permitted by law,to limit the liability of the A/E and his or her subconsultants to the Owner and to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes,including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of the A/E and his or her subconsultants to all those named shall not exceed the A/E's total fee for services rendered - 3 - on this project. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 3.4 Delays. The A/E is not responsible for delays caused by factors beyond the A/E's reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner,failure of the Owner to furnish timely information or approve or disapprove of the A/E's services or work product promptly, or delays caused by faulty performance by the Owner or by contractors of any level. When such delays beyond the A/E's reasonable control occur, the Owner agrees the A/E is not responsible for damages, nor shall the A/E be deemed to be in default of this Agreement. 3.5 Opinions of Probable Cost. In providing opinions of probable construction cost, the Owner understands that the A/E has no control over costs or the price of labor, equipment, or materials, or over the Contractors'method or pricing,and that the opinions of probable construction cost provided herein are to be made on the basis of the A/E's qualifications and experience. The A/E makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. 3.6 ADA Compliance. The Americans with Disabilities Act(ADA)provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Owner acknowledges that the requirements of the ADA will be subject to various and possibly contradictory interpretations. The A/E, therefore, will use his or her reasonable professional efforts to interpret applicable ADA requirements and other Federal, state and local laws, rules, codes, ordinances and regulations as they apply to the project. The A/E,however,cannot and does not warrant or guarantee that the Owner's project will comply with the interpretations of ADA requirements and/or requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the project. 3.7 Hazardous Materials. It is acknowledged by both parties that the A/E's scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event the A/E or any other party encounters asbestos or hazardous or toxic materials at the jobsite, or should it become known in any way that such materials may be present at the jobsite or any adjacent areas that may affect the performance of the A/E's services, the A/E may, at his or her option and without liability for consequential or any other damages,suspend performance of services on the project until the Owner retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials,and warrant that the jobsite is in full compliance with applicable laws and regulations. - 4 - ARTICLE 4 GENERAL TERMS AND CONDITIONS 4.1 Governing Law. The laws of the State of Nebraska will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the courts of that State. 4.2 Standard of Care. Services provided by the A/E under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 4.3 Severability and Survival. Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void,and all remaining provisions shall continue in full force and effect. Articles 3.2,3.3 and 3.5 shall survive the termination of this Agreement and shall remain enforceable between the parties. 4.4 Amendment. This Agreement shall not be amended except by written instrument signed by the parties hereto. This Agreement constitutes the entire and integrated agreement by and between the parties and supersedes any and all prior negotiations,whether written or oral. 4.5 Contract Representative. The A/E designates John Royster, ASLA to serve as project manager and contact for the A/E for the project. The Owner designates David G.Johnson,to serve as project manager and contact for the Owner for the project. 4.6 General Conditions. 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, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code 13-89, political or religious opinions, affiliations or national origin. Captions. Captions used in this agreement are for convenience and are not used in the construction of this agreement. 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. 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. 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 - 5 - u � 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. 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. 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. Assignment. The Provider may not assign its rights under this agreement without the express prior written consent of the City. 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. 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 programs as therein stated and described will subject the offending party to any or all of the following penalties: 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; 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 OA day of trAirt tti' , 19 I I . THE BIG MUDDY WORKSHOP 1N�• By <14141 Kci (Title) - 6 - - • • EXECUTED this day of , 19 . CITY OF OMAHA,a Municipal Corporation By Mayor APPROVED AS TO FORM: Assistant City Attorney P:\ASD\8814.DOC 1 • Attachment "A" - Standard Billing Rates and Reimbursable Expenses HOURLY BILLING RATES: The billing rates for professional services performed by Workshop staff are: Principal/Landscape Architect $ 85.00 per hour Project Manager/Landscape Architect $ 65.00 per hour Intern Landscape Architect $ 50.00 per hour Cleric/Administrative $ 35.00 per hour REIMBURSABLE EXPENSES: Transportation: Mileage $0.35 per mile Per Diem: 1.0 times actual cost Long Distance Telephone: 1.0 times actual cost Reproductions: Blueline prints $0.15 per square foot Reports-copy&bind 1.0 times actual cost Lithographic reproductions 1.0 times actual cost Photographic Supplies & Services 1.0 times actual cost Other expenses required: 1.0 times actual cost Coordination Services Policy: When requested,BMW will provide the services required to coordinate reproduction of final reports, renderings, photographic reproductions or other tangible items needed by our clients. Clients will be billed the time required to provide this coordination at standard billing rates. P:\ASD\8813.DOC C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the voters of the City of Omaha have approved a public facility bond issue included in which is the proposed construction of a joint police and fire training facility; and, WHEREAS,in an effort to better define the project's scope to ensure the development of a project within the funding limitations and to assist the Administration in evaluating the number of sites under consideration toward a recommendation to be made to the City Council; and, WHEREAS,the City of Omaha does not have sufficient staff to adequately address the wide range of issues involved in such a project; and, WHEREAS,the Big Muddy Workshop was selected to perform this work in accord with the Architects and Engineers Review and Selection process; and, WHEREAS,the Big Muddy Workshop has agreed to perform the services identified in the attached agreement for limited professional services for a fee not to exceed$24,990.00. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the agreement for limited professional services between the City of Omaha and the Big Muddy Workshop to provide for consulting services in the development of the viable alternatives for siting of the City of Omaha Training Campus for police and fire training purposes is approved. BE IT FURTHER RESOLVED: THAT,the cost of the consultant services to be provided under this agreement shall be paid from the 1998 Public Facility Bond Fund 336. APPROVED AS TO FORM: P:\MAY\6870.MAF ASSIST ITY ATTORNEY DATE By . . Cou it embe /JA ,67t 7g /%7 41 FEB 2 3 1999 ' —�o2 , i� `` fie Aid ���l �s City Clerk Approved 0 Mayor f a• ��. b CD'7i y 01 id qd •1 > . , ,_ q 4-n ..0 --) o © n ,..„ sp E .,- 0" ,,cr ni PI co ek 10 r.+' f iW a, P. Cr •-•• td 'F;' g-• Z. o o 0 \ i n v I fa, 0\ R. — 0 0 � \ - ° � � � , ) ‘ ..- 00 O O' v' C N O C n O a� • dz.4.. : -c-k_ 5 .