RES 2018-0527 - Agmt with AGA Consulting Inc for OPW 53412, 2018 structural condition study project AHA,
1 � • { -L t l E. Public Works Department
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City of Omaha AliC C t4 Robert G.Stubbe,P.E.
Jean Stothert,Mayor �;I'i Public Works Director
Honorable President
and Members of the City Council, •
Transmitted herewith is a Resolution approving a Professional Services Agreement with AGA
Consulting, Inc.` to provide professional services on OPW 53412, being the 2018 Structural
Condition Study Project. .
This Agreement includes engineering services for structural condition studies of the seven City of
Omaha parking facilities, and additional services as identified in the attached agreement.
AGA Consulting, Inc. has agreed to perform these services for a fee not to exceed, $49,800.00,
to be paid from the Parking Revenue Fund 21116, Interstate Parking Organization 116241, year
2018 expenditure.
AGA Consulting, Inc. has filed the required Contract Compliance Report, Form CC-1, as
determined by the Human Rights and Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
R pectfully submitted, Approve :
Robert G. Stubbe, P.E. Date Franklin T. Thomps Date
Public Works Director Human Rights and Relations Director
Approved as to Funding: Referred to City Council for
Consideration:
A -,/4 1.4,., ..5:///, --/t4L-- 6i10 [ILIA- sAy1.5-
Step ien B. Curtiss A/1)I Date Mayor's Office Date
Finance Director
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C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, professional engineering services are needed in conjunction with OPW 53412
being the 2018 Structural Condition Study Project; and,
WHEREAS, AGA Consulting, Inc. was selected by the Architects and Engineers Selection
Process and has agreed to provide professional services as listed in the attached Professional
Services Agreement, which by this reference is made a part hereof; and,
WHEREAS, AGA Consulting, Inc. has agreed to perform these services for a fee not exceed
$49,800.00 to be paid from the Parking Revenue Fund 21116, Interstate Parking Organization
116241, year 2018 expenditure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, as recommended by the Mayor, the Professional Services Agreement with AGA
Consulting, Inc. to provide professional services on OPW 53412 being the 2018 Structural
Condition Study Project, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee not to exceed $49,800.00 from
the Parking Revenue Fund 21116, Interstate Parking Organization 116241, year 2018
expenditure.
2114grp APPROVED AS TO FORM
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C-CITY ATTORNEY DATE
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By
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Cou cilmember •
Adopted . 'S
City Clerk
Approved... . .�.�!�.- `�✓
Mayor
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of �,_ by and between the
City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the"City"),
and AGA Consulting Incorporated (hereinafter referred to as the "Provider"), on the terms, conditions and
provisions as set forth herein below. All references to"Contractor"shall mean"Provider".
PROJECT NAME AND DESCRIPTION
OPW 53412, 2018 Structural Condition Study,This project includes a structural study for the City of Omaha
Parking Facilities one,three,four,five,six,seven,and eight.
II. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, as set out and more fully described in the Proposal
attached hereto, for the City,relative to the above-referenced project which is illustrated in Exhibit`B"
attached hereto. Such services shall be completed within a 60 day period after receipt of a purchase order
from the City.
B. Provider designates Bill Gmiterko,whose business address and phone number is Two Appletree Square,
Suite 226, Minneapolis,Minnesota 55425, (952)854-7474 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 subcontractors.
E. Provider agrees to complete, within 60 calendar days of receipt of a purchase order from the City,the
necessary services. The City recognizes that completion within this deadline is contingent upon timely
response from utilities and City input.
F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's Human
Rights and Relations Department prior to signing the agreement.
III. DUTIES OF CITY
City designates Kenneth Smith , whose business address and phone number are 1819 Farnam Street, Suite
308, Omaha, Nebraska 68183, (402) 444-7275 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 Service,shall be performed on an hourly basis,but in
no event shall it exceed$49,800.00. Detailed breakdown of costs shall be shown in Exhibit"B".
B. Reimbursable expenses shall be billed to the City by the Provider.
C. INCREASE OF FEES
The parties hereto acknowledge that, as of the date of the execution of the Agreement,Section 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, 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. However, neither contract nor purchase amendments will be split to avoid advance approval of
the City Council.
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 section 5.16 of the Charter to approve immediate purchases.
V. OWNERSHIP OF INSTRUMENTS OF SERVICE
The City acknowledges the Provider's 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 documents prepared under this Agreement shall become the property of the City. The City shall not
reuse on another Project or make any modifications to the documents without 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 subconsultants (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 documents by the City, regardless of whether
such reuse or modification is for use on this Project or another Project.
VI. ADDITIONAL SERVICES
In the event additional services for the aforementioned Project not covered under this Agreement are required,
the Provider agrees to provide such services at a mutually agreed upon cost.
VII. INSURANCE REQUIREMENTS
The Provider shall carry professional liability insurance in the minimum amount of one half million dollars
and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of
Nebraska.
V II I. INDEMNIFICATION
The Provider agrees,to the fullest extent permitted by law, to indemnify,defend and hold harmless the City,
its officers, directors and employees (collectively, City) against all damages, liabilities or costs, including
reasonable attorney's fees and defense costs,to the extent caused by the Provider's negligent performance of
professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is
legally liable. The City agrees, to the fullest extent permitted by law,to indemnify and hold harmless the
Provider, its officers, directors, employees and subconsultants (collectively, Provider) against all damages,
liabilities or costs, including reasonable attomey's 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 matter
whatsoever for the other party's own negligence.
IX. TERMINATION OF AGREEMENT
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) 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, creed,
religion, sex, marital status, sexual orientation, gender identity, age, or disability as recognized under
42 USCS 12101 et seq. and Omaha Municipal Code section 13-89,race, color, creed, religion, sex,
marital status,sexual orientation,gender identity,national origin,age,or disability.
B. Captions. Captions used in this Agreement are for convenience and are not used in the construction of
this Agreement.
C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable City
ordinances, resolutions, state laws, federal laws, and 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 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. LB 403 Contract Provisions. - NEW EMPLOYEE WORK ELIGIBILITY STATUS - The
Contractor is required and hereby agrees to use a federal immigration verification system to determine
the work eligibility status of new employees physically performing service within the State of
Nebraska. A federal immigration verification system means the electronic verification of the work
authorization program authorized by the Illegal Immigration Reform 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.
If the Contractor is an individual or sole proprietorship,the following applies: 1.The Contractor must
complete the United States Citizenship Attestation Form, available on the Department of
Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such
attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship
and Immigration Services documentation required to verify the Contractor's lawful presence in the
United States using the Systematic Alien Verification for Entitlements (SAVE) Program. 3. The
Contractor understands and agrees that lawful presence in the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb.Rev.Stat. §4-108.
K. Certificate of Authorization. If this Agreement contemplates the performance of professional
architecture or engineering work by the Provider, the Provider shall provide to the City,and maintain
in good standing, a current Certificate of Authorization from the State of Nebraska as required by Neb.
Rev. Stat.section 81-3436.
L. Debarment or suspension by any federal agency. (This section applies if any part of this Agreement is
funded by a federal agency.) Office of Management and Budget(OMB) guidelines require that any
individual or entity that has been placed on the Excluded Parties List System ("EPLS"-available for
review through www.sam.gov) may not be a participant in a federal agency transaction that is a
covered transaction or act as a principal of a person participating in one of those covered transactions.
These guidelines apply to covered transactions under a grant from any federal agency for which a
recipient expects to receive reimbursement for expenditures incurred or an advance on future
expenditures.
The Contractor providing goods and/or services to the City of Omaha certifies, by acceptance and
execution of this Agreement, that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency. The Contractor further agrees, by accepting and
executing this Agreement, that it will include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts, and subcontracts. Where the Contractor or any lower
tier participant is unable to certify this statement,it shall attach an explanation to this Agreement.
M. Contract Compliance Ordinance No.35344,Section 10-192
• Equal Employment Opportunity Clause
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, color, creed, religion, sex, marital status, sexual orientation, gender identity, national
origin, age, or disability. The Contractor shall ensure that applicants are employed and that
employees are treated during employment without regard to their race,color,creed,religion,sex,
marital status, sexual orientation, gender identity, national origin, age, or disability. As used
herein, the word "treated" shall mean and include, without limitation, the following: recruited,
whether by 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, color, creed, religion, sex, marital status, sexual orientation, gender
identity,national origin,age,or disability.
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 applications for employment.
4) The Contractor shall furnish to the Human Rights and Relations Director 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
Human Rights and Relations Director 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 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 Human Rights and Relations Director. 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.
N. Conflict. In the event of any conflict between this Agreement and any of the exhibits attached hereto,the terms
of this Agreement shall take precedence.
rd EXECUTED this S day of Apt+ l , Z�
AGA Consulting Incorporated
Provider
VL6/ By V.SitirrN —
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(Title)
EXECUTED this —7 day of . , 7C1�•
ATTEST CITY OF OMAHA,A Municipal Corporation
By mil,ems l/� l
ity Cler Mayor
APPROVED AS TO FORM:
Deputy City Attorney
Revised:-11/2017^ —`
TWO
APPLETREE MINNEAPOLIS
SQUARE MINNESOTA PHONE FAX
SUITE 226 55425 952.654.7474 952.054.7455 AGACONSULTINGINC.COM
A G A
CONSULTING
March 28,2018
Mr. Ken Smith, CAPP
City Parking Manager
Public Works Department
1819 Farnam Street
Omaha,NE 68183
Re:City of Omaha Parking Facilities
Omaha,Nebraska
Dear Mr. Smith:
We are pleased to submit this proposal to provide engineering services for structural
condition studies of the seven City of Omaha parking facilities.The facilities to be evaluated
include Omaha Park One,Three,Four,Five, Six, Seven, and Eight.
PROJECT UNDERSTANDING
AGA Consulting, Inc. (AGA)will provide an opinion of the condition of each facility and
identify repair options and associated costs. At the conclusion of our work we will meet with
City of Omaha personnel to discuss our findings and recommended time frame for repairs.
We will then submit a separate proposal to prepare construction repair documents for
contractor bidding for the first year or two of repair work.
SCOPE OF SERVICES
1. Evaluate and Document Existing Conditions.
A. Structural
• Visual Observations
• Delamination Survey of structural slabs and sounding of columns,beams and
walls as necessary.
Documentation will include floor plans with repair items located and identified,as well
as photographs of significant items.
2. Concrete dust samples will be taken from 1 location per supported level at Park Three,
Four,Five and Six near previous testing locations to measure water-soluble chloride-ion
content in the slabs. Samples will be taken at 1"and 2"depths below slab surface at each
location.Drill holes will be patched with sealant after samples have been obtained.Park
One does not require chloride testing since all supported level slabs are covered with a
traffic coating.Parks Seven and Eight do not require chloride testing at this stage of their
service life due to the use of a chloride inhibitor in the original construction.
3. Perform repair option analysis to evaluate repair needs and associated costs for short term
(5-7 year)and medium term(15 year)repair options.
4. Provide a recommendation for the implementation of a repair program(i.e.,Prioritize
repairs over a 5 year period).
5. Prepare a written report summarizing our findings,opinions,and recommendations.
PROFESSIONAL FEES
We propose to provide the professional services described above for the lump sum fee of
$49,800 including expenses for a 5 day trip for 2 of our personnel to do the field work and lab
costs for chloride analysis of concrete test samples.Billing will be monthly, as a percent
complete,with payment due in 30 days.Additional Services shall be at our standard hourly
rates(see attached rate schedule).
TERMS AND CONDITIONS
This proposal is valid for 30 days from date of issuance. Services will be provided in
accordance with attached Exhibit 'A',"General Conditions for Professional Services".We
anticipate that acceptance of this proposal will lead to a standard City of Omaha purchase
order agreement.
SCHEDULE
Our fieldwork will commence within 3 weeks of receipt of written authorization to allow for
scheduling with our other work. We recommend that our field work take place after all
garage floors have been washed this spring.At this time we estimate that our field work will
take place either the week of May 14th or the week of May 21st. A draft report will be
presented to you approximately 4 weeks after our fieldwork is completed. We expect much of
our fieldwork to take place at night to accommodate parking activities.
We appreciate the opportunity to submit this proposal.
Sincerely,
d-Abwu9Laite
William D. Gmiterko,P.E.
President
AUTHORIZATION
Trusting that this meets with your approval,we ask that you sign both copies and return one
copy of this agreement to acknowledge your acceptance of the terms contained herein, and to
serve as authorization for us to proceed.
AUTHORIZED BY:
Signature
Name(Please Print)
Title Date
TWO
APPLETREE MINNEAPOLIS
SQUARE MINNESOTA PHONE FAX
SUITE 226 55425 952.1354.7474 952.554.7455 AGACONSULTINGINC.COM
A G A
CONSULTING
Standard Billing Rates
Parking Consulting $250/Hour
Principal/Project Manager $170/Hour
Senior Structural Engineer $150/Hour
Senior AutoCad Technician $ 95/Hour
These rates are subject to change January 1,2019
TW❑
APPLETREE MINNEAPOLIS
SQUARE MINNESOTA PHONE FAX
SUITE 226 55425 952.854.7474 952.854.7455 AGACONSULTINGINC.COM
A G A
CONSULTING
General Conditions for Professional Services
FEE PAYMENT
Payment of each invoice is due upon receipt.Client shall notify AGA Consulting,Inc.(AGA)in
writing of any invoiced item that is alleged to be inaccurate within 15 days from the date of invoice.
Payment is past due if not received within 30 days from the date of invoice.In the event client fails to
pay any invoice within 30 days of the date of the invoice,then client agrees to pay AGA a finance
charge of 1.5%per month,or the maximum permitted by law,whichever is less.Client further agrees
to pay any costs or expenses, including reasonable attorneys' fees,incurred by AGA in collecting fees
or expenses due pursuant to this Agreement.
OWNER'S RESPONSIBILITIES
1. Client shall provide to AGA all known information regarding existing conditions and Client's
requirements for project.AGA will not be responsible for any recommendations,or design based
on inaccurate information,provided by the Client or any agent or representative of the Client.
2. Client shall designate a person to act with authority on Client's behalf in respect to all aspects of
the Project,review and respond promptly to AGA's submissions and notify AGA in writing
promptly whenever Client observes or otherwise becomes aware of any defect in the Services
provided by AGA.
3. Client shall provide right of entry to AGA personnel and any AGA sub-consultants to Project site
to perform the Services.
4. While AGA will take necessary precautions to minimize damage to the property while performing
it's Service,it is understood by the Client that during the normal course of providing Services,
some damage may occur.In addition some Services may require destructive testing.The
corrective action is the responsibility of the Client.
OWNERSHIP OF DOCUMENTS
1. All documents including drawings and specifications prepared or furnished by AGA pursuant to
this Project are instruments of,and shall remain the property of AGA(the"Documents").Client
may make and retain copies for information and reference.
2. The use of the Documents by Client or others on extension or completion of the Project or on any
other project without AGA's written consent will be at Client's sole risk and without liability or
legal exposure to AGA,and Client shall indemnify and hold harmless AGA and AGA's agent(s)
from all claims,damages,loss,and expenses arising out of or resulting therefrom.
3. AGA will retain all pertinent records pursuant to Services described in this Agreement for a period
of 3 years from the date of the Documents.The Documents will be made available to the Client
during this time for a reasonable charge.
STANDARD OF CARE
AGA Consulting,Inc.will perform the services called for in this agreement in accordance with
generally accepted standards of the profession.No other warranty,express or implied,is made.
LIMITATION OF LIABILITY
I. AGA will not be responsible for any loss or liability arising from negligence of Client,it's
employees,agents,consultants,contractors or subcontractors.
2. Client's contractor will be solely responsible for the job site conditions,including safety of all
persons and properties,means,methods,and schedules during the entire course of construction.
3. It is agreed that AGA's maximum liability to Client for negligence,gross negligence,or for
property damage of any kind,as a result of the Services performed as stated in this Agreement,
and as a result of acts,errors or omissions of AGA or any subconsultant,shall be-limited to the
amount of AGA's fee in the aggregate.
INSURANCE
AGA will carry worker's compensation,public liability,and property damage insurance policies which
AGA in its sole discretion considers adequate.Certificate of the insurance policy will be provided on
request.In the event Client requests additional coverage,Client shall be responsible for the additional
cost of AGA's obtaining such insurance and for any additional premiums.AGA will not be responsible
for liability beyond the limits and conditions of the insurance.
OPINION OF COST
If a cost estimate is provided in the Services,AGA's opinion of probable construction cost provided is
based on AGA's experience and represents AGA's best judgement.AGA cannot and does not
guarantee that proposals,bids,or actual project or construction cost will not vary from the estimate.
TERMINATION
This Agreement may be terminated by either party upon 30 days written notice in the event of a
material breach of the terms of the Agreement,provided,however,that such termination will not be
effective if the material breach is remedied within a reasonable amount of time not to exceed 30 days.
If this Agreement is terminated,AGA shall be paid for all the Services provided,and expenses
incurred,to the date of termination notice.
SUCCESSORS AND ASSIGNS
Neither Client nor AGA shall assign,sublet,or transfer any rights under this Agreement without the
written consent of the other party.AGA shall be permitted to engage such independent professional
associates,consultants,and/or contractor as AGA may deem appropriate to assist in the performance of
the Services under this Agreement.
COMPLETION SCHEDULE
AGA will perform the Services within the time period as indicated in the Agreement.However,the
completion schedule shall be adjusted due to any delay as a result of causes beyond the reasonable
control of AGA,or weather,fire,strike,riot,government action,action of third party or Client,or act
of GOD.
DISPUTE RESOLUTION
All claims,counterclaims,disputes,and other matters in question between the parties hereto arising out
of or relating to this Agreement or any breach thereof will be decided by mediation.
RESOLUTION NO. 507-/
Item Submitted By: Gary Pech
Department: Public Works
Council Meeting.Date: June 5, 2018
Res. that, as recommended by the Mayor, the Professional Services Agreement with AGA
Consulting, Inc. in the amount of $49,800.00 to provide professional services on OPW 53412,
being the 2018 Structural Condition Study Project, is hereby approved. (The Finance
Department is authorized to pay a fee not to exceed $49,800.00, from the Parking Revenue
Fund 21116, Interstate Parking Organization 116241, year 2018 expenditure.)
Presented to City Council
June 5, 2018
APPROVED-Tee Co-0
8llzabeth iS rtler
City Clerk