RES 2013-1515 - Agmt with HGM Associates Inc for brine equipment building project otAl" 'NFL r ' 1-- 1 i._ € ° / j._..
Public Works Department
Wir-iftx‘ivk
- Omaha/Douglas Civic Center
November 19, 2013 {^ p
2 ^ !.,� 4� �; ,' � �: 3, 1819 Farnam Street,Suite 601
n® "' -� �° Omaha,Nebraska 68183 0601
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ti (402)444-5220
R'rFD FEBR� C i ' I. Fax(402)444-5248
City of Omaha t.,`{' + 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 HUM
Associates, Inc. to provide design and construction administration services on the Brine
Equipment Building project, located at the 52nd Street and Dayton Street /aintenance Facility.
The scope of services includes surveying, preliminary and final dcsi n p dins. bidding and
construction administration and additional scopes as listed in the attached Processional Services
Agreement, which is made a part hereof
HGM Associates, Inc. has agreed to perform the services detailed in Exhibit `'1I" of the attached
Professional Services Agreement for a fee not to exceed $27,500.00, wi-Ell Aril; be paid from the
Street and Highway Allocation Fund 12131, Pavement Maintenance '
HGM Associates, Inc. has filed the required Contract Compliance Rt p int, Fo::n 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 Couhic`.1 for Consideration:
{ '' &.4t1/4S-1/tratJ_
Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved:
(0-J0-<) _ /94
Allen Herink Date Hiunan Rights and Rc1atiolis D to
9 Interim Finance Director Department
1166djr
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
design and construction administration services on the Brine Equipment Building project, located
at 52nd Street and Dayton Street Maintenance Facility; and,
WHEREAS, HGM Associates, Inc. was selected by the Architects and Engineers
Selection Process and has agreed to provide services including surveying, preliminary and final
design plans, bidding and construction administration and additional scopes of services for the
project 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 the services for a fee not to
exceed $27,500.00, which will be paid from the Street and Highway Allocation Fund 12131,
Pavement Maintenance 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. for design and construction administration services on the Brine Equipment
Building project, located at 52nd Street and Dayton Street Maintenance Facility, is hereby
approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee not to exceed $27,500.00,
which is to be paid from the Street and Highway Allocation Fund 12131, Pavement Maintenance
116158.
1165djr APPROVED AS TO FORM:
6TY ATTORNEY DATE
By /14, 44
Councilmember
Adopted 1 9 2O13 _6
C ty erk 10!/3
Approve
Mayor
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this Pr4 day of/�.0V , 2013, by and between the
City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as
the "City"), and HGM 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".
PROJECT NAME AND DESCRIPTION
52nd and Dayton-Brine Building
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 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 $27,500.00. 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 1 day of C,. (A) Y" .
( A 0CtCaPS ,
Provider
WA\ (k,t By dJ
ATTEST
(Title)
EXECUTED this c:,1/ day of d/Ql/>olG.L_, 2013 .
ATTEST CITY O MAHA,A unicipal or ration
City Clerk Mayor
APPROVED AS TO FORM:
Deputy ity Attorney
Revised: 12/2012
EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT
hgm
ASSOCIATES I N C .
October 4,2013
Mr. Scott McIntyre
City of Omaha Public Works Dept.
5225 Dayton Street
Omaha,Nebraska 68117
Subject: Omaha Public Works Department
Brine Equipment Building
50th and Dayton
HGM Proposal No.000713-273
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, the attached Scope of Services labeled as Exhibit A, the attached General Provisions labeled as
Exhibit B, and our Standard Hourly Rate Schedule labeled as Exhibit C.
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$27,500.00. Additional Services
will be charged on an hourly basis in accordance with our standard hourly rate schedule, attached.
Reimbursable printing expenses and the use of outside soil testing laboratories will be charged on the
basis of actual cost in addition to the cost for Basic Services defined above.
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.
October 4, 2013
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
Dik0-77-1,
Dean Fajen,P.E., A.I.A.
Project Manager
Acceptance of Proposal:
CITY OF OMAHA,NEBRASKA- CLIENT
Authorized Signature
Printed Name&Title
Date of Acceptance
\\SRV20\Shared\ARCH\Contracts\2013 Proposals\000713-273 OPW Dayton Brinc LFA 130924(mmm).doc
640 FIFTH AVENUE,COUNCIL BLUFFS,IOWA 51501-6427,(712)323-0530,FAX(712)323-0779
5022 SOUTH 114t 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 October 4, 2013 between:
CITY OF OMAHA,NEBRASKA(CLIENT) and HGM ASSOCIATES INC. (CONSULTANT).
Project Description: Brine Equipment Building
50th and Dayton
The Basic Services to be provided by the CONSULTANT under this agreement are further described
as follows:
1. SURVEYING
A. Perform topographic survey of Brine Building area.
B. Legal boundary survey is not included.
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/MASTER PLAN
A. Conduct a coordination meeting to determine project requirements.
B. Evaluate applicable code requirements.
C. Prepare a Preliminary Site Plan for a 20 x 40 Brine Equipment Building.
D. Prepare a Preliminary Floor Plan for a 20 x 40 Brine Equipment Building.
E. Prepare Preliminary Building Exterior Elevations. Building to have similar facing as
adjacent Equipment Building
F. Prepare a Preliminary Project Statement of Probable Cost.
G. Meeting to Review Preliminary Design with Client and incorporate changes.
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. Include Structural Engineering for foundation and roof framing.
E. Include Mechanical Engineering for heating, ventilating, plumbing, and fire sprinklers to
coordinate with Client's supplied brine equipment.
F. Include Electrical Engineering for lighting, power, and communication for site and building
to coordinate with Client's supplied brine equipment.
G. Design of Brine Equipment and Layout is not included.
H. Provide 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,
and 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.
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 114th 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 1 of 2
This is an exhibit attached to and made part of the letter agreement dated October 4, 2013 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 CONSULTANTS 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 be 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 be
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 114th 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
be 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(1)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 114t1i STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224
EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT
EXHIBIT C
hgm
ASSOCIATES I N C .
RATE RANGE SCHEDULE
EFFECTIVE 12/16/12 - 12/15/13
Principal Engineer $171.00 - 200.00 /hour
Sr. Project Engineer/Project Manager 108.00 - 171.00 /hour
Sr. Project Architect/Project Manager 110.00 - 171.00 /hour
Structural Engineer 91.00 - 157.00 /hour
Project Engineer 93.00 - 114.00 /hour
Project Architect 78.00 - 114.00 /hour
Senior Design Engineer 83.00 - 112.00 /hour
Design Engineer 75.00 - 108.00 /hour
Land Surveyor 79.00 - 155.00 /hour
Technician 50.00 - 99.00 /hour
1-Man Survey Crew * 79.00 - 100.00 /hour
2-Man Survey Crew * 119.00 - 230.00 /hour
3-Man Survey Crew * 192.00 - 282.00 /hour
Administrative Assistant 62.00 - 68.00 /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 114th STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224
, w .
NO. , .. ��
Resolution by
Res. that, as recommended by the Mayor, the
Professional Services Agreement with HGM
Associates, Inc. for design and construction
administration services on the Brine
Equipment Building project, located at 52nd
Street and Dayton Street Maintenance
Facility, is hereby approved; and that, the
Finance Department is authorized to pay a fee
not to exceed $27,500.00, which is to be paid
from the Street and Highway Allocation Fund
12131, Pavement Maintenance 116158.
1165Adjr
Presented to City Council
NOV 1 9 2013
Adopted (=o
guiter grown
City Clerk