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RES 2014-0810 - Agmt with HGM Associates Inc for northeast joint use facility equipment building project ogAHA,NF " m Public Works Department ► July 1, 2014 Omaha/Douglas Civic Center 1819 Farnam Street,Suite 601 Ao �� �' `� Omaha,Nebraska 68183-0601 (402)444-5220 41- 'rFa FE130 Fax(402)444-5248 City of Omaha Jean Stothert,Mayor Robert G. Stubbe,P.E. " Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with HGM Associates, Inc. to provide preliminary design, final design and construction administration services for the Northeast Joint Use Facility Equipment Building Project, located at 18th Street and Jaynes Street. The scope of services including preliminary design, final design, bidding, construction administration, and additional scopes as listed in the attached Professional Services Agreement, which is made a part hereof HGM Associates, Inc. has agreed to perform the services detailed in Exhibit "B" of the attached Professional Services Agreement for a fee not to exceed $27,000.00, which will be paid from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158. HGM 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 Professional Services Agreement. Respectfully submitted, Referred to City Council for Consideration: 6, Robert G. Stubbe, P.E. Date Mayor's Office Public Works Director Date Approved as to Funding: Approved: rs5, tephCurtiss D e . Human Rights and Relations Finance Director ate Department 1272djr PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this As/- day , 2014, by and between the City of Omaha, a municipal corporation located in Douglas County, N br ka (hereinafter referred to as the "City"), and HGM Associates Inc. (hereinafter referred to as the "Pro tder"), on the terms, conditions.. , and provisions as set forth herein below. All references to"Contractor" shall mean "Provider". PROJECT NAME AND DESCRIPTION Northwest Joint Use Facility Equipment Storage Building Il. 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 120 day period after receipt of a purchase order from the City. B. Provider designates Dean S. Fajen, AIA, PE whose business address and phone number is HGM Associates Inc., 640 Fifth Avenue, Council Bluffs, Iowa 51501 (712) 323-0530 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 120 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 Scott McIntyre, Street Maintenance Engineer whose business address and phone number are 5225 Dayton Street, Omaha, Nebraska 68117 (402) 444-4930 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 $27,000.00. 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. 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 (I) 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 day of Provider ATTEST a G_ V' C.,„ By 1iiryy. AT Frei rzle-7-4. (Title) EXECUTED this 314 day of ii,, ,c,,.2(W ATTEST CITY OF OMAHA, A. LMuniicipal Corporation By /C-etlt . —bU City erk Mayor APPROVED AS TO FORM: // :71- el -IL- O Deputy City Attorney Revised: 12/2012 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT hgm ASSOCIATES I N C . May 14, 2014 Mr. Scott McIntyre City of Omaha Public Works Dept. 5225 Dayton Street Omaha, NE 68117 Subject: Omaha Public Works Department Northwest Joint Use Facility Equipment Building HGM Proposal No. 000714-157 Dear Scott: On behalf of HGM ASSOCIATES INC. (HGM) we are pleased to submit this letter form agreement for engineering and architectural services for the referenced project. This agreement consists of this letter, Scope of Services Exhibit A, and the attached General Provisions labeled as Exhibit B. HGM will provide Basic Services including Preliminary Design, Final Design Documents, assistance during Bidding, and Construction Administration. These services are more specifically defined in the attached Scope of Services, Exhibit A. We will also provide Additional Services upon your request and receipt of your written authorization. HGM will provide these Basic Services for a lump sum amount of$27,000. Additional Services will be charged on an hourly basis in accordance with our standard hourly rate schedule. Reimbursable printing expenses and the use of outside soil testing laboratories will be charged on the basis of actual cost. We are assuming a soil investigation will be provided to HGM. We will bill you monthly for our services and reimbursable expenses proportionate to the work completed on the project. All fees are due and payable to HGM within 30 days of the invoice date. A service charge of one and one-half percent per month will be added to any amounts outstanding after 30 days. 640 FIFTH AVENUE,COUNCIL BLUFFS,IOWA 51501-6427,(712)323-0530,FAX(712)323-0779 5022 SOUTH 114th STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT Mr. Scott McIntyre City of Omaha Public Works Dept. May 14, 2014 Page 2 of 2 Please note that any information to be provided by you as defined under Client's Responsibilities in the attached Scope of Services will need to be furnished to HGM prior to our beginning work. Please indicate your acceptance of this agreement by signing where indicated below, and returning one original signed copy to this office. We sincerely appreciate the opportunity to work with you. Yours very truly, HGM ASSOCIATES INC. - CONSULTANT Dean Fajen, P.E., A.I.A. Ronald N. Tekippe, P.E. Project Manager President Acceptance of Proposal: CITY OF OMAHA, NEBRASKA - CLIENT Authorized Signature Printed Name & Title Date of Acceptance S 1.ARCH\Conn acts\2014 Proposals\000714-157 OPW NW JUF Equipment Bldg LFA 140513(mrnm)_doc 640 FIFTH AVENUE,COUNCIL BLUFFS,IOWA 51501-6427,(712)323-0530,FAX(712)323-0779 5022 SOUTH 114"'STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT SCOPE OF SERVICES EXHIBIT A This is an exhibit attached to and made part of the letter agreement dated May 14, 2014 between: CITY OF OMAHA,NEBRASKA (CLIENT) and HGM ASSOCIATES INC. (CONSULTANT). Project Description: Omaha Public Works Department Northwest Joint Use Facility Equipment Building The Basic Services to be provided by the CONSULTANT under this agreement are further described as follows: 1. SURVEYING A. Perform topographic survey. B. Perform legal boundary survey. C. Locate obvious existing property lines, legal description, adjoining streets, driveways, sidewalks, structures, buildings, trees, landscaping, utilities, easements, fences, walls, surface grades, flood plain information and zoning. 2. PRELIMINARY DESIGN A. Evaluate applicable zoning and other requirements, including Urban Design Review Board Requirements. B. Prepare a Preliminary Site Plan C. Prepare a Preliminary Floor Plan (based upon Equipment Building used at 52nd and Dayton). D. Prepare Preliminary Building Exterior Elevations. E. Prepare a Preliminary Project Statement of Probable Cost. 3. FINAL DESIGN DOCUMENTS A. Prepare Final Design Documents, stamped by licensed Architects and Engineers so that permits can be obtained and bids received from Contractors. B. Include Architectural plans, elevations, sections, details and schedules. C. Include Civil Engineering for site, parking, grading, utilities, drives and drainage. D. Landscape Architecture for plantings, trees, shrubs, seeding, and irrigation not included. E. Include Structural Engineering for foundation for pre-engineered metal building. F. Include Mechanical Engineering for heating, ventilating, and fire sprinklers if required. G. Include Electrical Engineering for lighting and power for building. H. Use City of Omaha front end documents for Contractors bidding and contracts. I. Provide technical material and system specifications. J. Review plans with local utility companies, building code, planning, public works, zoning, fire marshal as required. K. Conduct review meetings as appropriate during the preparation of design documents. 640 FIFTH AVENUE,COUNCIL BLUFFS,IOWA 51501-6427,(712)323-0530,FAX(712)323-0779 5022 SOUTH 114th STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT SCOPE OF SERVICES EXHIBIT A Continued 4. BIDDING or NEGOTIATION A. Print and distribute final documents to Contractors, Subcontractors, Material Suppliers,Plan Holding Agencies and Code Officials to obtain competitive bids. B. Make permit application. C. Answer questions from Bidders during bidding period. D. Issue addendum as necessary. E. Attend pre-bid conference with interested bidders. F. Attend bid letting. G. Review bids and recommend Contractor for the Project. H. Distribute bid results to interested parties. I. Prepare Contracts with the selected Contractor, subject to Client's legal review. 5. CONSTRUCTION ADMINISTRATION A. Conduct a pre-construction meeting with the Contractor, Subcontractors, etc. B. Review Shop Drawings and Product Submittals. C. Issue Change Orders, if necessary or authorized. D. Review and approve Contractors pay requests. E. Perform site meetings or site visits at intervals appropriate to the work being performed. F. Perform final project punch list and project close out. G. Collect record drawings from the Contractor. CLIENT'S RESPONSIBILITIES: In order for the CONSULTANT to perform these services, the CLIENT agrees to furnish the following information: A. Access to site and throughout facility. B. Use of existing available drawings and record information. C. Contact person to coordinate the design. D. Program information. 640 FIFTH AVENUE,COUNCIL BLUFFS,IOWA 51501-6427,(712)323-0530,FAX(712)323-0779 5022 SOUTH Ile STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224 • EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT GENERAL PROVISIONS EXHIBIT B Page I of 2 This is an exhibit attached to and made part of the letter agreement dated May 14, 2014 between: CITY OF OMAHA, NEBRASKA (CLIENT) and HGM ASSOCIATES INC. (CONSULTANT). The General Provisions agreed to by CONSULTANT and CLIENT are as follows: Ownership of Instruments of Service: All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by the CONSULTANT as instruments of service shall remain the property of the CONSULTANT. The CONSULTANT shall retain these records for a period of ten (10)years, during which period they will be made available to the CLIENT at all reasonable times. CONSULTANT will provide CLIENT with a paper copy of the plans, the specifications,and laboratory test reports for information and reference in connection with the project;however, such documents are not intended or represented to be suitable for reuse by CLIENT or others. Any such reuse will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT or CONSULTANT'S subconsultants. CADD/Electronic Files: In accepting, and utilizing any drawings, reports and data on any form of electronic media generated by the CONSULTANT, the CLIENT agrees that all such electronic files are instruments of service. The CLIENT agrees to waive all claims against the CONSULTANT resulting in any way from any unauthorized changes to,or reuse of,the electronic files for any projects by anyone other than the CONSULTANT. In the event of a conflict between printed hard copy documents signed and sealed by the CONSULTANT and electronic files,the hard copy documents shall govern. Termination or Suspension: If the CLIENT fails to make payments to the CONSULTANT in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the CONSULTANT'S option, cause for suspension of performance of services under this Agreement.If the CONSULTANT elects to suspend services,the CONSULTANT shall give seven days' written notice to the CLIENT before suspending services.In the event of a suspension of services,the CONSULTANT shall have no liability to the CLIENT for delay or damage caused the CLIENT because of such suspension of services. Before resuming services,the CONSULTANT shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the CONSULTANT'S services. The CONSULTANT'S fees for the remaining services and the time schedules shall be equitably adjusted. If the CLIENT suspends the Project,the CONSULTANT shall he compensated for services performed prior to notice of such suspension. When the Project is resumed,the CONSULTANT shall be compensated for expenses incurred in the interruption and resumption of the CONSULTANT'S services.The CONSULTANT'S fees for the remaining services and the time schedules shall be equitably adjusted. Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. In the event of termination not the fault of the CONSULTANT,the CONSULTANT shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and all Termination Expenses indicated in the next paragraph. Termination Expenses are in addition to compensation for the CONSULTANT'S services and include expenses directly attributable to termination for which the CONSULTANT is not otherwise compensated. The CLIENT'S rights to use the CONSULTANT'S Instruments of Service in the event of a termination of this Agreement are set forth in the Ownership of Instruments of Service clause above. If the CLIENT requests copies of the CONSULTANT'S Instruments of Service, the cost of the preparation of those copies shall be considered as a Termination Expense. Plan Revisions: If, after any plans or specifications are completed on any portion thereof and are approved by the CLIENT and other necessary agencies,the CONSULTANT is required to change plans and specifications because of changes made, authorized, or ordered by the CLIENT, then the CONSULTANT shall receive additional compensation for such changes. Fees for these changes will he computed on an hourly basis. Information Furnished by CLIENT: CLIENT shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data and other information furnished by CLIENT to CONSULTANT pursuant to this Agreement. CONSULTANT may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. Information Furnished by Utility Companies: The utility locations shown on the CONSULTANT'S instruments of service are from locates or drawings provided to the CONSULTANT by the utility companies.The CONSULTANT makes no guarantee that the utilities shown on the CONSULTANT'S instruments of service comprise all such utilities in the area, either in service or abandoned, The CONSULTANT further does not warrant that the utilities shown on the instruments of service are in the exact location indicated. Successors and Assigns: Both parties agree that, upon execution of this agreement, same shall be binding upon their/its successors, assigns,and legal representatives until terminated by the expiration of agreement or termination by written notice,as provided above. Limitation of Liability: The CLIENT agrees that to the fullest extent permitted by law, the total liability, in the aggregate, of CONSULTANT, CONSULTANT'S officers, directors, partners, employees, agents, and subconsultants, to CLIENT, and anyone claiming by,through,or under CLIENT for any claims, losses,costs,or damages whatsoever arising out of,resulting from or in any way related to this Project or Agreement from any cause or causes, including but not limited to torts, negligence, professional errors or omissions,strict liability,breach of contract,or breach of warranty,shall not exceed the total compensation received by CONSULTANT or$100,000 whichever is greater. 640 FIFTH AVENUE,COUNCIL BLUFFS,IOWA 51501-6427,(712)323-0530,FAX(712)323-0779 5022 SOUTH 114'i STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT GENERAL PROVISIONS EXHIBIT B Page 2 of 2 Waiver of Consequential Damages:Notwithstanding anything in this Agreement to the Contrary,it is agreed that CONSULTANT shall not be liable in any event for any special or consequential damages suffered by the CLIENT arising out of the services hereunder.Special or consequential damages as used herein shall include, but not limited to, loss of capital, loss of product, loss of use of any system, or other property,or any other indirect, special or consequential damage,whether arising in contract,tort(including negligence), warranty or strict liability. Opinion of Probable Construction Cost: Opinions of probable construction costs and detailed cost estimates prepared by the CONSULTANT represent his/her best judgment as a design professional familiar with the construction industry. It is recognized, however, that the CONSULTANT has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices or over competitive bidding or market conditions. Accordingly,the CONSULTANT makes no warranty,express or implied, that the bids or the negotiated cost of the work will not vary from the CONSULTANT's opinion of probable construction cost. Construction Phase Services: (If included under the scope of this Agreement)The CONSULTANT shall provide administration of the Contract between the CLIENT and the Contractor as set forth below and in General Conditions of the Contract for Construction. The CONSULTANT's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the CONSULTANT issues the Statement of Final Completion. The CONSULTANT shall advise and consult with the CLIENT during the Construction Phase Services.The CONSULTANT shall have authority to act on behalf of the CLIENT only to the extent provided in this Agreement or the General Conditions of the Contract for Construction. The CONSULTANT shall not have control over, charge of, or responsibility for the construction means, methods, techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the CONSULTANT he responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall be responsible for the CONSULTANT's negligent acts or omissions,but shall not have control over or charge of, and shall not be responsible for,acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. The CONSULTANT shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in substantial compliance with the Contract Documents. However, the CONSULTANT shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the CONSULTANT shall keep the CLIENT reasonably informed about the progress and quality of the portion of the Work completed,and report to the CLIENT(I)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in the Work. Jobsite Safety: That the General Contractor shall be solely responsible for jobsite safety,and that this intent shall be carried out in the CLIENT'S contract with the General Contractor,and that such contract shall indemnify the CONSULTANT. The CONSULTANT, and his agents,shall be named as an additional insured on the General Contractor's policies of general liability insurance. Construction Staking: That the Fees the CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT,therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the CONSULTANT'S compensation received for the particular service, or$5,000.00, whichever is greater. Hazardous Materials: The CLIENT agrees that the CONSULTANT's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite, the CONSULTANT may, without liability for any damages, suspend performance under this agreement,until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection,presence,handling,removal,abatement, or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances,or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT, Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. rev 130722 640 FIFTH AVENUE,COUNCIL BLUFFS,IOWA 51501-6427,(712)323-0530,FAX(712)323-0779 5022 SOUTH 114th STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224 EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT hgm ASSOCIATES I N C . RATE RANGE SCHEDULE EFFECTIVE 12/16/13 - 12/15/14 Principal Engineer $171.00 - 219.00 /hour Sr. Project Engineer/Project Manager 108.00 - 187.00 /hour Sr. Project Architect/Project Manager 113.00 - 187.00 /hour Structural Engineer 104.00 - 178.00 /hour Project Engineer 96.00 - 119.00 /hour Project Architect 94.00 - 116.00 /hour Senior Design Engineer 83.00 - 125.00 /hour Design Engineer 75.00 - 119.00 /hour Land Surveyor 81.00 - 175.00 /hour Technician 51.00 - 111.00 /hour 1-Man Survey Crew * 80.00 - 108.00 /hour 2-Man Survey Crew * 120.00 - 240.00 /hour 3-Man Survey Crew * 192.00 - 300.00 /hour Administrative Assistant 62.00 - 77.00 /hour All other items at cost including outside testing or any other outside services provided by the Engineer. * Survey crews are comprised of surveyors or engineering technicians at hourly rates specified and depending on project complexity, however, 2-man and 3-man crew rates are guaranteed to not exceed crew ranges specified. 640 FIFTH AVENUE,COUNCIL BLUFFS,IOWA 51501-6427,(712)323-0530,FAX(712)323-0779 5022 SOUTH 114"'STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, a Professional Services Agreement with HGM Associates, Inc. to provide preliminary design, final design and construction administration services for the Northeast Joint Use Facility Equipment Building Project, located at 18th Street and Jaynes Street;and, WHEREAS, HGM Associates, Inc. was selected by the Architects and Engineers Selection Process and has agreed to provide services including preliminary design, final design, bidding, construction administration and additional scopes of services as listed in the attached Professional Services Agreement, which by this reference is made a part hereof; and, WHEREAS, HGM Associates, Inc. has agreed to perform these services for a fee not to exceed $27,000.00, which will be paid from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158. 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 HGM Associates, Inc. to provide preliminary design, final design and construction administration services for the Northeast Joint Use Facility Equipment Building Project, located at 18th Street and Jaynes Street, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $27,000.00, which will be paid from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158. 127 ldjr APPROVED AS TO FORM: • 41i 11„ CITY ATTORNEY ATE By Councilmember Adopted 2 - 1 20.1.4 —� ity lerk 7/3"/ Approvedi � � Mayor y�- NO. "/6' Resolution by Res. that, as recommended by the Mayor, the Professional Services Agreement with HGM Associates, Inc. to provide preliminary design, final design and construction administration services for the Northeast Joint Use Facility Equipment Building Project, located at 18th Street and Jaynes Street, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed ,327,000.00, which will be paid from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158. 1271Adjr Presented to City Council JUL - 1 2014 Adopted 6- Rutter grown City Clerk