RES 2020-0452 - PSA with HDR Engineering for OPW 53870 - 16th Street Skywalk Demolition
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 HDR Engineering,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
OPW 53870, 16th Street Skywalk Demolition, Project management of 16th Street Skywalk Demolition.
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 360 calendar day period after receipt of a
purchase order from the City.
B.Provider designates Sean Bell,whose business address and phone number is 1917 S 67th St,Omaha,
Nebraska 68106, 402-399-4834 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 360 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 Jamie Winterstein,whose business address and phone number are 1819 Farnam Street,Suite
600,Omaha,Nebraska 68183,402-444-3390 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.
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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 $37,800.00. 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 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.
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 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;provided,that with respect solely to the said duty to defend,such duty of the Provider to defend
shall arise only if,and to the extent,such duty is covered by Provider’s liability insurance.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 attorney’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.
EXHIBIT “A”
RESERVED
EXHIBIT “B”
SCOPE OF SERVICES
SCOPE OF SERVICES
PART 1.0 PROJECT DESCRIPTION:
The City of Omaha Public Works Department is proceeding with the
demolition of the skywalk located between Douglas and Farnam Streets.
The demolition was previously part of the 16th Street Streetscape Project.
PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER ON THE
PROJECT:
Items of Work
1. Finalize the plans and specifications for the demolition of the skywalk
and the sealing of the openings in the buildings.
2. Coordinate work and phasing with impacted stakeholders.
3. Assist the City during the bid process.
Key Understandings
1. Bid documents will developed using current City of Omaha Standards.
2. The skywalk is located between Douglas and Farnam Streets.
3. The electrical conduits and air conditioning tubing located on top of
the skywalk will be removed potentially by others. The design will
coordinate utility relocation of skywalk utilities.
4. The City will assist in coordinating access to the buildings and
skywalk for design.
5. The west skywalk supports will be removed to ground level.
6. The plans will include a traffic control plan.
7. The scope of work does not include topographic survey or geotechnical
investigations.
8. The scope of work does not include construction phase services.
9. A press release will be assembled and provided to the City for press
distribution.
TASK SERIES 100 – PROJECT MANAGEMENT
Objective: Provide management activities over Project duration including
planning, organizing and monitoring Project team activities;
overall project management; and coordination with OWNER for
access.
HDR Activities 110 – Team Management and Project Control
111 Resource management and allocation based on Project
schedules and activities.
112 Production coordination.
113 Internal coordination meetings.
114 Quality control (QC) review of draft and final documents.
115 Project Kick-Off Meeting.
HDR Activities 120 – Stakeholder Outreach and Coordination
121 Metro Coordination and Outreach (one meeting).
122 Brandeis Coordination and Outreach (up to three meetings).
123 Press Release.
TASK SERIES 200 – FINAL DEMOLITION PLANS
Objective: Develop plans and specifications for the demolition of the skywalk
and assistance during bidding.
HDR Activities: 210 – Prepare 90 Percent Plan Submittal
211 Review available record drawing information and
(re)validate prior evaluation, cost, and schedule.
212 Meet on site to review the entrances to the buildings and to
discuss the closures with the building owners including the
removal of the air conditioner tubing from the top of the
skywalk.
213 Utility coordination.
214 Permit assistance.
215 Construction sequence and phasing coordination.
216 Develop plans and specifications to 90 percent completion.
217 Develop opinion of probable project costs.
218 Complete submittal to OWNER.
219 Attend up to two City review and coordination meetings.
220 – Bid Phase
221 Finalize the plans and specifications.
222 Complete submittal to OWNER.
223 Attend one prebid meeting.
224 Issue up to two addenda.
225 Bidding support and Contractor Outreach.
226 Review the bids and provide a letter of recommendation.
PART 3.0 AUTHORIZATION
Work will not proceed on a task without authorization.
PART 4.0 OWNER’S RESPONSIBILITIES:
OWNER will be responsible for the following as identified in the above
Scope of Work:
Assist in coordinating access to buildings for design.
Bidding.
Assist in preparation of contract documents and bid package.
PART 5.0 PERIODS OF SERVICE:
Notice to Proceed April 28, 2020
90 Percent Submittal July 28, 2020
Final Submittal September 16, 2020
EXHIBIT “C”
BREAKDOWN OF COSTS
Omaha 16th Street Skywalk DemolitionEstimated Man-hours and Fee SummaryMarch 6, 201910 $1,629.81 $0.00 $1,6306 $1,045.77 $0.00 $1,0467 $1,250.60 $0.00 $1,2516 $1,041.58 $0.00 $1,0427 $1,363.74 $20.13 $1,3844.5 $910.21 $35.13 $9455.5 $1,084.51 $35.13 $1,1206.5 $870.84 $0.00 $8719 $1,551.90 $0.00 $1,5525.5 $1,107.55 $28.75 $1,1365 $917.56 $0.00 $9187 $1,107.21 $0.00 $1,1075 $783.20 $0.00 $78352 $7,535.96 $0.00 $7,53612 $1,856.39 $0.00 $1,85610 $1,470.34 $0.00 $1,47012 $2,146.66 $72.50 $2,21914 $2,235.70 $0.00 $2,23613 $1,844.24 $0.00 $1,8445 $902.20 $45.13 $94718 $2,672.63 $0.00 $2,6738 $1,299.41 $0.00 $1,2995 $896.28 $39.38 $936233$37,524.30$276.13$0.00$37,800.43 PROJECT FEE TOTALS:$37,800TOTALS114 QC of Draft & Final Documents113 Internal Coordination Meeting112 Production Coordination111 Resource ManagementTOTAL HOURSTask 200 Final Demo PlansTOTAL LABOR DIRECT COSTSSUB-CONSULTANTS TOTAL211 Historical Document Review & Revalidation of Prior Evaluation, Cost, & Schedule212 Onsite Meeting w/ Stakeholders222 Complete Bid Document Submittal221 Finalize Plans & Spec219 City Review & Coordination Meetings215 Construction Sequence and Phasing214 Permit Assistance213 Utility Coordination216 Develop 90% Plans & Specs218 Complete 90% Document Submittal 217 Develop EOPCC123 Press Release122 Brandeis Coordination & Outreach121 Metro Coordination & Outreach115 Project Kick-Off MeetingFEE SUMMARYTASK SERIESTask 100 Team Management & Project Control225 Bidding Support & Contractor Outreach224 Issue up to Two Addenda223 Prebid Meeting226 Review the Bids & Provide Recommendation