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RES 2015-0834 - Agmt with Lamp Rynearson & Associates for OPW 52456, Vinton St green infrastructure project '_/ pHA, M N { i ,- C i- 4 1 E ;"'0' Public Works Department tk>,\ k 9 +� Omaha/Douglas Civic Center tti` �_ ^ July 14, 2015 2N5 911 4 "' 140 1819 Farnam Street Suite 601 - ',:. :.hE �•Me. Omaha,Nebraska 68183-0601 oR 4411 (402)444-5220 eTFD�EBa�r r Fax(402)444-5248 CITY CLEr,K City of Omaha Cl H r. ;L. N r. B p S K A Robert G. Stubbe, P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with Lamp, Rynearson & Associates, Inc. to provide construction engineering services on the Vinton Street Green Infrastructure project, known as Project OPW 52456. Approval of the attached resolution allows Lamp, Rynearson & Associates, Inc. to proceed with the work, as outlined in Exhibit B of the attached Agreement. This work includes construction inspection, full-time observation and associated documentation services. Lamp, Rynearson & Associates, Inc. has agreed to perform these services for a fee not to exceed $80,000.00, which is detailed in Exhibit C of the attached Agreement and is payable from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. Lamp, Rynearson & Associates, Inc. has filed the required Contract Compliance Report, Form CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: .. 4.-, / /i s .cam Z Robert . Stubbe, P.E. DateMayor's Mayor s Office Date Public Works Director Approved as to Funding: Approved: :4,d ...„ efr ... ' /2/1_ _ p„ .-P teph B. Curtiss Huri'an Righ_ _ io Date Finance Director Department 1964htp C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, additional construction engineering services are needed for the construction of green infrastructure improvements as a part of OPW 52456 being the Vinton Street-Green Infrastructure project; and, WHEREAS, Lamp, Rynearson & Associates, Inc. was selected by the engineers and architects selection process and has agreed to perform the services listed in the attached agreement, which by this reference is made a part hereof, for a fee not to exceed $80,000.00; and, WHEREAS, the fee for these engineering services will be paid from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. 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 Lamp, Rynearson & Associates, Inc. for construction phase engineering services on OPW 52456, being the Vinton Street Green Infrastructure project, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay Lamp, Rynearson & Associates, Inc. $80,000.00 for these professional engineering services from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. I963htp APPROVED AS TO FORM: ITY ATTORNEY DATE By � �' 4147° Councilmember Adopted 1 4 2015 City Clerk /ii/ii C A rovedj.,� AA-- .. ... pp Mayor PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 16th day of June,2015,by and between the City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the "City"),and Lamp,Rynearson&Associates,Inc.(hereinafter referred to as the"Provider"),on the terms, conditions and provisions as set forth herein below. All references to"Contractor"shall mean"Provider". I. PROJECT NAME AND DESCRIPTION City of Omaha OPW 52456 Vinton Street Green Infrastructure 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 150 day period after receipt of a purchase order from the City. B. Provider designates Dave Mclvor whose business address and phone number is 14710 West Dodge Road,Suite 100,Omaha,NE 68154,(402)496-2498 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 150 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 A. City designates Tom Glow whose business address and phone number are 1819 Farnam St,Omaha, NE 68183,(402)444-5279 as its contact person for this project,who shall provide a notice to proceed and such other written authorizations as are necessary to commence for 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 exceed$80,000.00. Detailed breakdown of costs shall be shown in Exhibit «C„ 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 construction 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 construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the 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 construction documents by the City,regardless of whether such reuse or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required,Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS 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. VIII. 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 attorneys'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 attorneys'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 manner 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,sex,age,or disability as recognized under 42 USCS 12101 et seq.and Omaha Municipal Code section 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 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 services 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. 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, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation,gender identity,or national origin. 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, religion, color, sex, sexual orientation, gender identity, or national origin,age,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 applicants 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 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 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. EXECUTED this 18th day of June , 2015 . s M" p Provider.�"�^.t-�' LIA,.....--" By ATTEST n J "ioOtile _/rkeriossr— / (Title) EXECUTED this /(0 day of ems! ,„am' ATTE C OF A�ttJ..J . Myutieipal Corporation By'1� Ci lerk Mayor APPROVED AS TO FORM: Z. � 6 C Deputy City Attorney Revised: 12/2012 EXHIBIT B SCOPE OF SERVICES A. Public Improvements—Construction Administration 1. Provide construction inspection services, including full-time construction observation as required by the local regulatory agency,for the construction of public improvements. 2. Provide CSO documentation services in accordance with the established CSO protocols. Public Improvements—Construction Administration Assumptions 1. LRA is not responsible for pay application approval for project pay item quantities. 2. LRA is not responsible for providing survey layout. 3. LRA is not responsible for environmental inspections. 4. LRA will communicate directly with the Construction Manager,unless otherwise directed by the Owner or CM. 5. The Scope of Services does not include Shop Drawing Reviews or RFI Reviews. 6. The Scope of Services assumes 65 Working Days. SCHEDULE We are prepared to begin work on the project immediately upon receipt of a signed copy of this proposal. COMPENSATION We propose to bill for our services on the basis of hourly charge rates plus reimbursable expenses incurred. For the tasks listed above,our fees will not exceed$80,000.00. Any additional services requested by the Owner will be billed on the basis of hourly charge rates plus reimbursable expenses incurred. (jig) LAMP RYNEARSON 14710 Omaha,Was1 Dodge Road & ASSOCIATES IFI d02 496.273: ENGINEERS I SURVEYORS I PLANNERS w,w,tnn.inc.com OPW 52456 Vinton Street Green Solutions Pro).No.: 35th&Vinton Streets By. Da 6/1012015 Construction Engineer! Classification: Engineer Designer Associate: Mclvor Krenk Subtotal of Subtotal of Hourly Rate: $145.00 $83.00 hrs Per Item fee per item Constuction Administration Assumptions:65 Working Days Construction Observation 15 675 590 $49,900.00 CSO Portal Documentation 75 120 195 $20,835.00 Close Out Requirements 25 20 45 $5,285.00 0 $0.00 Subtotal of hours per associate 115 715 ,,830 Subtotal of fee per associate $16,875.00 $59,345.00 Labor ri$76,020 O0 Reimbursable Expenses 5.00% $3,801.00 Task Total r, $76821:00 1 [Iummary S T -- _ —. otal Of Hours Per Associate 115 715 830 __ otal Of Fee Per Associate 518,875.00 $59,345.00 Labor $16,020.00 Reimbursable Expenses 5.00% $3,801.00 ITask Total p `$79,821.012I CSO Vinton Street Fee Eatimate.xlsm Version 1.1 8/18/2015 P.(ft) - NO. 834 Resolution by Res. that, as recommended by the Mayor, the Professional Services Agreement with Lamp, Rynearson & Associates, Inc. for construction 5 a' phase engineering services on OPW 52456, being the Vinton Street Green Infrastructure project, is hereby approved; and that the Finance Department is authorized to pay :* Lamp, Rynearson & Associates, Inc. $80,000.00 for these professional engineering services from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. 1963Ahtp Presented to City Council AL 1 4 2015 Adopted -o gutter grown City Clerk