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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