RES 2019-0288 - AGA Consulting Inc - Park One and Park Four Awnings - OPW 53404 City Clerk Office Use Only:
04—0? g Publication Date (if applicable):
RESOLUTION NO. tTJ�
Agenda 3A4 Date:
Department:J/uhii �,� o
CITY OF OMAHA rI+�CCCJJJ Wv ��, FFF
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, a Professional Services Agreement with AGA Consulting, Inc. to provide
professional engineering services for OPW 53404, being the Park One and Park Four Awnings
Project was adopted by City Council Resolution 650 on July 10, 2018; and,
WHEREAS, the attached Amendment No. 1 to the Agreement, which by this reference is
made a part hereof, details the assignment of services necessary to complete the project to
Kimley-Horn and Associates, Inc.; and,
WHEREAS, Kimley-Horn and Associates, Inc. has agreed to perform these services at no
additional cost to the City of Omaha.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, as recommended by the Mayor, the City of Omaha is consenting to the assignment
of the Professional Services Agreement with AGA Consulting, Inc.for OPW 53404, being the Park
One and Park Four Awnings Project as herein described and authorized by Section X.,
Subsection H. of said Professional Services Agreement to Kimley-Horn and Associates, Inc..
BE IT FURTHER RESOLVED:
THAT, no additional cost has been incurred by the City of Omaha as a result of this
Amendment to the agreement.
1829hra APPROVED AS TO FORM
7a-- 2:25 iPt
# EIiY ATTORNEY DATE
Adopted: MAR 1 9 2019 .-1 --Q
Attest: �9
City Cler
Approved: AAA_
Mayor
AMENDMENT#1 TO THE
PROFESSIONAL SERVICES AGREEMENT
CITY OF OMAHA
OPW 53404
THIS AMENDMENT,made and entered into this (9 17th day of MTh
2019 by and between the firm of Kimley-Horn and Associates,Inc., a corporation of the
State of North Carolina, with offices at 421 Fayetteville Street, Suite 600, Raleigh,North
Carolina 27601 and hereinafter referred to as the"Consultant",and the City of Omaha,
Nebraska,hereinafter referred to as the"City".
WHEREAS,the City desires to engage the Consultant to amend the Professional
Service Agreement for the Park One and Park Four Awnings Project which was entered
into on July 10,2018,hereinafter called existing Agreement.
NOW THEREFORE,it is hereby agreed that the existing Agreement be amended as
follows:
1. The existing agreement shall be amended to assign this Professional Services
Agreement to Kimley-Hom and Associates,Inc. as outlined in the attached
"Exhibit B",for reasons as fully described thereto.
This AMENDMENT shall be deemed a part of, and be subject to all terms and conditions
of the existing Agreement. Except as modified above,the existing Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have caused presents to be executed
by their proper officials thereunto duly authorized�s to the dates below indicated.
titl r r
EXECUTED by the Consultant this oll day of rUcw y. ,2019.
ATTEST: 0
i.S1BY
EXECUTED by the City this 2City of �Gtil G yt ,2019.
ATTEST: L ,
BY` "b1
i C erk Mayor of the City of Omaha
APP/Z O FORM:
City Attorney
Exhibit A
-Reserved-
TWO
APPLETREE MINNEAPOLIS
SQUARE MINNESOTA PHONE FAX
SUITE 226 cc42S 952.854.7474 952.954.7455 AGACONSULTINGINCCOM
AGA January 8,2019
CONSULTING
City of Omaha
Public Works Department
Omaha/Douglas Civic Center
1819 Farnam Street,Suite 308
Omaha, NE 68183
Attn: Ken Smith, CAPP
Re: OPW 53404, Park One and Park Four Awnings;Agreement dated July 12, 2018
(the "Agreement")
Dear Ken,
As you are aware, Pat Carlson and Bill Gmiterko of AGA Consulting("AGA")joined Kimley-Horn and
Associates, Inc. ("Kimley-Horn")on January 2, 2019. In connection with this change,AGA desires to
assign all its interests in the Agreement to Kimley-Horn (the "Assignment").
The purpose of this letter is to request your written consent to such Assignment as outlined in the
following:
1. AGA hereby assigns to Kimley-Horn all of its remaining rights and duties under the
Agreement,subject to the limitations stated herein._
2. Kimley-Horn hereby assumes the Agreement and will perform all remaining services
specifically provided for in the Agreement not yet performed by AGA.
3. The City of Omaha ("City") consent to this Assignment. The City has fully paid,or agrees to
pay, AGA for all services performed prior to the effective date of this Assignment. The City
agrees to pay Kimley-Horn for all services performed on or after the effective date of this
Assignment pursuant to the terms and conditions of the Agreement.
4. AGA shall not be liable for any acts of Kimley-Horn, and Kimley-Horn shall not be liable for
any acts of AGA or any deficiencies in services provided by AGA prior to the effective date of
this Assignment.
If this is acceptable, please indicate consent to the Assignment by executing this letter below and
returning to me by e-mail at bill.gmiterko@kimley-horn.com. Please contact me at(612)426-2217 if
you have any questions or need additional information.
Your prompt attention to this matter is very much appreciated.
Sincerely,
William D. Gmiterko, P.E.
Exhibit B
Notice Acknowledged and Assignment Consented to:
The City of Omaha
BY:
Sit) 7)4 CET—
Name
7) 1a •/ 0
Title
Signature
3 /2. (g 2019
Date/
NO. o DJ"/ — &
Item Submitted By: Hannah Adeponu
Department: Public Works
Council Meeting Date: March 19, 2019
Res. that, as recommended by the Mayor, the City of Omaha is consenting to the assignment of
the Professional Services Agreement with AGA Consulting, Inc. for OPW 53404, being the Park
One and Park Four Awnings Project as herein described and authorized by Section X.,
Subsection H. of said Professional Services Agreement to Kimley-Horn and Associates, Inc.;
and that, no additional cost has been incurred by the City of Omaha as a result of this
Amendment to the agreement.
g
Presented to City Council
March 19, 2019
APPROVED 7-0
ellznheth Butler
City Clerk