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RES 2009-0362 - Agmt with HGM Associates Inc for re-roofing sewer maintenance facility 01,A NH A, .6.4 &AA0t, A'�; RECEIVED Public Works Department `j ?") Omaha/Douglas Civic Center �v f4" :. w April 14, 2009 09 APR `,3 PJI 1" 59 1819 Farnam Street,Suite 601 �, ro Omaha,Nebraska 68183-0601 oI P.1 FEW/ CITY CLERK (402)444-5220 O M A H A, N E B R A,S K A Fax(402)444-5248 City of Omaha Robert G.Stubbe,P.E. Mike Fahey,Mayor 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 professional engineering and architectural services for design, construction documents and construction administration for re-roofing the Sewer Maintenance Facility located at 6880 "Q" Street. The exact scope of services is included in the Agreement. HGM Associates, Inc. has agreed to perform the services detailed in the attached agreement for a fee not to exceed $28,000 plus normal reimbursable expenses, which is payable from the Sewer Revenue Fund 21121, Sewer Maintenance Organization 116511, year 2009 expenditure. HGM Associates, Inc. has filed the required Annual Contract Compliance Report in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the. attached Resolution and Agreement. . Respectfully submitted, Referred to City Council for Consideration: �Z��" d v�-�S-may • �e y-2-a� R bert G. Stubbe, P.E. Date Ma is Offi e Date Public Works Director Approved as to Funding: Approved: bs 4)11aA Carol A. Ebdon Date Human Rights a d Relatio s ,,� / Date Finance Director P`1 Department (-U 1254hxf 1 plus a percentage applied to all such wages or salaries to cover all payroll-related taxes,payments,premiums, and benefits.Other expenses will include travel,printing,mailing,copying,supplies,and other similar costs incurred in performance of the work.A service charge of 8 percent will be included on other expenses,including travel, subcontractors, and outside services. A summary of the assumed level of effort and budgetary amount for the ENGINEER's services is presented in Table 2. The total amount corresponds to the WCAs presented in Table 1. DEN/QJ 345211.01.XX.DV_OMAHA.DOC 4 Term CSO Control Projects 8.6 Work with Basin Consultants to identify short-term CSO control projects that can be started prior to the 2009 final completion of the CSO LTCP. It is anticipated that these projects will consist of projects from the less complex basins,relatively low-cost projects in the complex basins with clear water quality or community benefits,projects from preliminary lists developed by OWNER'S staff,projects that have been on hold or not completed to date from DENIQJ 345211.O1.XX.DV_OMAHA.DOC 3 tervals during the PROGRAM,the Program Manager and PMT will work with the OWNER to determine DEN/OJ 345211.01.XX.DV_OMAHA.DOC 2 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 .. ' . ... ,. .. : . . , I , • • • _ . l• ' ' ' , 7 • ' , . . . ' , . „ • , : I I • . . I! . . . , _____. .......... . . . . . . -..... ._._.___.- ..______....... . . . 1 —1--- - 7 :. . : , . . . • " - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • 090316 Professional Services Agree 5- 07.doc PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this day of , 2009,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. I. PROJECT NAME AND DESCRIPTION Existing Sewer Maintenance Facility Re-roofing Project 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"D" attached hereto. Such services shall be completed within a 60- day period after receipt of a purchase order from the City. B. Provider designates Dean Fajen whose business address and phone number are 640 Fifth Avenue, P.O. Box 919, Council Bluffs, Iowa 51502-0919 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 the Design, within 60 calendar days of receipt of a purchase order from the City, the necessary services. The City recognizes that completion within this deadline is contingent upon timely response from utilities and City input. III. DUTIES OF CITY A. City designates Mr. Craig Christians,P.E. whose business address and phone number are Public Works Department/Sewer Maintenance, City of Omaha, 6880 Q Street, Omaha,Nebraska 68117- 1647, (402)444-5332 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. \\Srv8\Arch\Projects\10279 Omaha Sewer Maint Roof Replcement\Word-XL\090316 Professional Services Agree 5-07.doc I 6 Work with Basin Consultants to identify short-term CSO control projects that can be started prior to the 2009 final completion of the CSO LTCP. It is anticipated that these projects will consist of projects from the less complex basins,relatively low-cost projects in the complex basins with clear water quality or community benefits,projects from preliminary lists developed by OWNER'S staff,projects that have been on hold or not completed to date from DENIQJ 345211.O1.XX.DV_OMAHA.DOC 3 tervals during the PROGRAM,the Program Manager and PMT will work with the OWNER to determine DEN/OJ 345211.01.XX.DV_OMAHA.DOC 2 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 .. ' . ... ,. .. : . . , I , • • • _ . l• ' ' ' , 7 • ' , . . . ' , . „ • , : I I • . . I! . . . , _____. .......... . . . . . . -..... ._._.___.- ..______....... . . . 1 —1--- - 7 :. . : , . . . • " - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • Professional Services Agree 5- 07.doc 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 $28,000. 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. \\Srv8\Arch\Projects\10279 Omaha Sewer Maint Roof Replcement\Word-XL\Professional Services Agree 5- 07.doc lists developed by OWNER'S staff,projects that have been on hold or not completed to date from DENIQJ 345211.O1.XX.DV_OMAHA.DOC 3 tervals during the PROGRAM,the Program Manager and PMT will work with the OWNER to determine DEN/OJ 345211.01.XX.DV_OMAHA.DOC 2 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 .. ' . ... ,. .. : . . , I , • • • _ . l• ' ' ' , 7 • ' , . . . ' , . „ • , : I I • . . I! . . . , _____. .......... . . . . . . -..... ._._.___.- ..______....... . . . 1 —1--- - 7 :. . : , . . . • " - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • VIII. INDEMNIFICATION The Provider agrees,to the fullest extent permitted by law,to indemnify 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, sec, 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. ter 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 .. ' . ... ,. .. : . . , I , • • • _ . l• ' ' ' , 7 • ' , . . . ' , . „ • , : I I • . . I! . . . , _____. .......... . . . . . . -..... ._._.___.- ..______....... . . . 1 —1--- - 7 :. . : , . . . • " - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • 090317 Professional Services Agree 5- 07.doc 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 sat 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. Equal Employment Opportunity Clause. Annexed hereto as Exhibits "A", "B", "C", "D"and "E" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A", "B", "C", "D" and "E" to "Contractor" shall mean "Provider". Refusal by the Provider to comply with any portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: (1) Withholding of all future payments under the involved contracts to the Provider in violation until it is determined that the Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. EXECUTED this )7 day of IV?a-)-c/4 , 2009 . HGM ASSOCIATES INC. Provider AA By TTEST v/tZ,c 19r es re -€74- (Title) EXECUTED this /I day of 11 /-i/ , 2009 . .r,.j ATTEST if _ _ r` , ' CITY OF OMAHA, A Municipal Corporation By -4 Ci erk _ • Mayor ti APPROVED AS-TO FORM: �►�:;i///l 44 3 �'.'. ty ity Attorney Revised: 4/18/07 \\Srv8\Arch\Projects\10279 Omaha Sewer Maint Roof Replcement\Word-XL\090317 Professional Services Agree 5-07.doc 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. ter 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 .. ' . ... ,. .. : . . , I , • • • _ . l• ' ' ' , 7 • ' , . . . ' , . „ • , : I I • . . I! . . . , _____. .......... . . . . . . -..... ._._.___.- ..______....... . . . 1 —1--- - 7 :. . : , . . . • " - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • Protected and/or Disadvantaged Business Checklist Items Listed Below must be submitted with Bid: 1. Exhibit A - completed Protected and/or Disadvantaged Business Disclosure Participation Form. All PBE/DBE Subcontractors submitted on Exhibit A must be certified with the City of Omaha Human Relations Department prior to the time of the bid opening. A current list is available on the City of Omaha's web site,www.ci.oinaha.ne.us/Departments/Human Relations or can be requested through the Human Relations Department at 402-444- 5055. 2. n Verification in writing from each PBE/DBE Subcontractor showing that the PBE/DBE Subcontractor has agreed to perform the work identified on Exhibit A, Protected and/or Disadvantaged Business Disclosure Participation Form. Telephonic verifications will not be accepted. 3. If you have not met the PBE/DBE goal established for this project, evidence of good faith efforts must be submitted with your bid. (If you have questions regarding what constitutes good faith efforts please see the Protected and/or Disadvantaged Business Enterprise Participation contract specifications or contact the Human Relations Department.) 4. Exhibit B — completed Contractor Employment Data Form. • Should the bidder fail to comply with the above, its bid will be subject to rejection. • In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. 3/14/03 (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. EXECUTED this )7 day of IV?a-)-c/4 , 2009 . HGM ASSOCIATES INC. Provider AA By TTEST v/tZ,c 19r es re -€74- (Title) EXECUTED this /I day of 11 /-i/ , 2009 . .r,.j ATTEST if _ _ r` , ' CITY OF OMAHA, A Municipal Corporation By -4 Ci erk _ • Mayor ti APPROVED AS-TO FORM: �►�:;i///l 44 3 �'.'. ty ity Attorney Revised: 4/18/07 \\Srv8\Arch\Projects\10279 Omaha Sewer Maint Roof Replcement\Word-XL\090317 Professional Services Agree 5-07.doc 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. ter 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 .. ' . ... ,. .. : . . , I , • • • _ . l• ' ' ' , 7 • ' , . . . ' , . „ • , : I I • . . I! . . . , _____. .......... . . . . . . -..... ._._.___.- ..______....... . . . 1 —1--- - 7 :. . : , . . . • " - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • Protected and Disadvantaged Business Enterprise Programs Who Qualifies as a Protected /Disadvantaged Business Enterprise? The term "Protected Business Enterprises" (PBE) is defined to be a business at least 51 percent of which is owned, controlled, and actively managed by protected class members (Black, Hispanic, Asian, or Pacific Islander, American Indian or Alaskan Native or Female). The term "Disadvantaged Business Enterprise" (DBE) is defined to be a small business that has been in existence for at least one year and has annual gross receipts of $150,000 or less. A DBE may include, but not limited to a business owned by a Protected class, but such business must meet two or other conditions set forth in the City of Omaha Contract Compliance Ordinance, Section 10-191, M (1) through (5). What are the benefits of becoming certified as a PBE/DBE? Certification as a PBE or DBE provides greater exposure for work opportunities on City of Omaha projects. The names of all certified PBE/DBE'S appear in the PBE/DBE directory, which is disseminated to local government agencies, contractors and to the public. City of Omaha contractors will use the PBE/DBE directory as a basic resource for soliciting Minority/Women/Small Business participation on City of Omaha Projects. The City of Omaha shall make every good-faith effort to award City contracts and City-assisted construction contracts to Disadvantaged Business Enterprises in amounts no less than 10% of the dollar volume of the applicable contracts awarded by the city. Other benefits include the authority, (but not a requirement), of the City Council to award a contract to a DBE that is not the lowest bidder. A contract or subcontract can be awarded to a DBE if determined by the City to be an acceptable cost higher than a competing lower bid except for specially assessed Projects. A DBE company may be awarded the contract over the lowest bidder as long as the cost differential does not exceed 3%. If your business is not certified with the City of Omaha and you are interested in becoming certified as a Protected and/or Disadvantaged Business Enterprise please contact the Human Relations Department at 402-444-5055. The PBE/DBE applications, Contract Compliance Report Form CC-1 and a current PBE/DBE City of Omaha certified directory are located on the City of Omaha website, www.ci.omaha.ne.us. Click on departments. Click on Human Relations. ect 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. ter 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 .. ' . ... ,. .. : . . , I , • • • _ . l• ' ' ' , 7 • ' , . . . ' , . „ • , : I I • . . I! . . . , _____. .......... . . . . . . -..... ._._.___.- ..______....... . . . 1 —1--- - 7 :. . : , . . . • " - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • UTILIZATION OF forth in the PBE/DBE specifications for PROTECTED AND/OR DISADVANTAGED participation by Protected and/or Disadvantaged BUSINESS ENTERPRISES Business Enterprises in the performance of any contract resulting from this solicitation or, as an alternative, that the contractor has made or will A. Protected and/or Disadvantaged Business Enterprise make good faith efforts toward meeting the (PBE/DBE) Participation Contract Specifications PBE/DBE goals, and will demonstrate to the Pursuant to City of Omaha Contract Compliance City of Omaha's satisfaction that the contractor Ordinance. has made such efforts. Bidders must submit with their bids, on the form set forth in the 1. It is the policy of the City of Omaha that PBE/DBE specifications, the names, respective Protected and/or Disadvantaged Business scope of work, and the dollar values of each Enterprises shall have the maximum practicable PBE/DBE subcontractor that the Bidder opportunity to participate in the City of Omaha proposes for participation in the contract work. projects. Consequently, the PBE/DBE In any case, Exhibits "A" and "B" must be requirements of Contract Compliance Ordinance submitted with the bid. If the information so apply to this solicitation. In this regard, the submitted indicates that the City of Omaha goals Contractor to whom any award of this solicitation will not be met, the Bidder shall submit good is made shall take all necessary and reasonable faith efforts documentation with their bid. The steps in accordance with this solicitation to evidence must show to the City of Omaha's ensure that Protected and/or Disadvantaged satisfaction that the bidder has in good faith Business Enterprises have the maximum made every reasonable effort, in the City of opportunity to participate in the Contract. The Omaha's judgment, to meet such goals. If any Contractor shall not discriminate on the basis of bidder fails to submit, with the bid, the required race, color, national origin, sex, religion, age or information concerning PBE/DBE participation, disability in the award or performance of any or if, having failed to meet the City of Omaha's contract or subcontract resulting from or relating goals or fails to demonstrate to the City of to this solicitation. Failure to carry out the pre- Omaha's satisfaction the bidder's good faith award requirements of these PBE/DBE efforts to do so, the City of Omaha may, in its specifications will be sufficient ground to reject discretion,reject the bid. the Bid. Failure of the Contractor to carry out the requirements of the PBE/DBE specifications 3. Protected and/or Disadvantaged Business shall constitute a material breach of the contract Enterprise Goals. Bidders are hereby informed and may result in termination of the contract. that pursuant to Sec. 10-200 and Executive The Contractor shall use its best efforts to carry Order No. F-11-02 the City of Omaha has a PBE out the PBE/DBE policy consistent with efficient Participation goal of no less than 13% and a performance on the project. DBE participation goal of no less than 10% of the dollar volume of all the contracts that it 2. Bidders are hereby informed that the City of awards. All bidders shall make every good faith Omaha has established goals for the participation effort to meet said goals. of Protected and/or Disadvantaged Business Enterprise in all contracts that it awards. 4. The City of Omaha shall set specific goals for Subcontracts awarded, by the Bidder that is all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • 5. Bidders are informed that price alone does not g. Concerning each PBE/DBE the Bidder constitute an acceptable basis for rejecting contacted but rejected as unqualified, the PBE/DBE bids unless the Bidder can reasons for the Bidder's conclusion; demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to h. Efforts made to assist the PBE/DBEs meet the PBE/DBE goal or to show reasonable contacted that needed assistance in efforts to that end will, in the City of Omaha's obtaining bonding, lines of credit, or discretion, constitute sufficient ground for bid insurance required by the Bidder or the City rejection. Such reasonable efforts may include, of Omaha; but are not limited to, some or all of the following: i. Designation, in writing, of a liaison officer who administers the Bidder's Protected a. Attendance at the pre-bid conference, if any; and/or Disadvantaged Business Enterprise utilization program; b. Follow-up of initial solicitations of interest by contacting PBE/DBEs to determine with j. Expansion of search for PBE/DBEs to a certainty whether the PBE/DBEs are wider geographic area than the area in interested; which the Bidder generally seeks subcontractors if use of the customary c. Efforts made to select portions of the work solicitation area does not result in meeting (including where appropriate, breaking down the goals by the Bidder; and, contracts into economically feasible units) proposed to be performed by PBE/DBEs in k. Utilization of services of available protected order to increase the likelihood of achieving community organizations, protected the PBE/DBE goals; contractor's group, local, state, and federal minority business assistance offices, and d. Efforts to negotiate with PBE/DBEs for other organizations that provide assistance in specific sub-bids, including at a minimum: the recruitment and placement of PBE/DBEs. (1) The names, addresses, type of work to be 6. The Bidder must comply with the following: subcontracted, and telephone numbers of PBE/DBEs that were contacted; a. Prior to award of this Contract all Bidders (2) A description of the information shall submit Exhibit "A", Protected and/or provided to PBE/DBEs regarding the Disadvantaged Business Disclosure plans and specifications for portions of Participation Form. Exhibit "A" must be the work to be performed; and, submitted with the bid. Bidder must also (3) A detailed statement of the reasons why submit a copy of the written bid submitted additional prospective agreements with by the PBE/DBE subcontractor to the PBE/DBEs needed to meet the stated Bidder or other verification in writing from goals, were not reached. the PBE/DBE subcontractor that said subcontractor has agreed to perform the e. Advertisement in general circulation media, subcontracting work identified in the bid trade association publications, and protected- submitted by the Bidder. focus media for a reasonable period before bids are due; b. If Bidder fails to meet the goals set forth above, Good Faith Efforts Documentation f. Notification, in writing, to a reasonable must be submitted with bid. number of specific PBE/DBEs that their interest in contract work is solicited, in c. Also, prior to award of this contract all sufficient time to allow the PBE/DBEs to Bidders must submit Exhibit "B" Contractor participate effectively; employment data form with the bid. by the Bidder that is all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • • • d. The Bidder and any of its subcontractors that the Bidder/Contractor's procedures and practices have been designated by the Bidder as PBE with respect to the Protected and/or and/or DBE must have been approved as Disadvantaged Business Enterprise which the such by the Human Relations Department Human Relations Department may from time to prior to bid opening on the project. time conduct. e. After bid opening and during contract B. PBE/DBE Reporting and Record Keeping performance, Bidders and the Contractor, as the case may be, are required to make every Requirements. reasonable effort to replace a PBE/DBE 1. The Contractor shall submit periodic reports subcontractor that is determined to be unable of contracting with Protected and/or to perform successfully or is not performing Disadvantaged Business Enterprises in such satisfactorily, with another PBE and/or DBE, form and manner and at such time as prior to substituting such PBE/DBE, the prescribed by the City of Omaha (Exhibit C Contractor shall seek approval from the is currently required to be submitted within Human Relations Department. The City of 10 calendar days following the end of each Omaha's Human Relations Department calendar quarter, from the start of the Director or a designee, shall approve all prior project). substitutions in writing in order to ensure that the substituted firms are bona fide 2. The Contractor and subcontractors shall PBE/DBEs. permit access to their books, records, and accounts by the Human Relations Director f. In the event of the Contractor's non- or a designated representative for purpose of compliance with the Protected and/or investigation to ascertain compliance with Disadvantaged Business Enterprise these specified requirements. Such records requirements of this Contract, the City of shall be maintained by the Contractor in a Omaha shall impose such contract sanctions fashion that is readily accessible to the City as it may determine to be appropriate, of Omaha for a minimum of three years including,but not limited to: following completion of this Contract. (1) Rejection of the Bid 3. To ensure that all obligations under any (2) Withholding of payments to the contract awarded as a result of this bid Contractor until the Contractor complies; solicitation are met, the City of Omaha will and/or conduct specific reviews of the Contractor's (3) Cancellation, termination or suspension PBE/DBE involvement efforts during of the Contract, in whole or in part; or contract performance. The Contractor shall (4) Any other penalty set forth in the City of bring to the attention of the Human Omaha's Contract Compliance Relations Director any situation in which Ordinance. regularly scheduled progress payments are not made to PBE/DBE subcontractors. 7. For the information of Bidders, Contract In submitting its bid, the Bidder is certifying that it Compliance Ordinance outlines the City of has contacted City of Omaha Human Relations Omaha's rules, guidelines and criteria for (a) Department prior to bid opening regarding this making determinations as to the legitimacy of project and has afforded subcontractors participating PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of o assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • EXHIBIT "A" PROTECTED AND/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM THIS FORM MUST BE SUBMITTED WITH THE BID In the performance of this contract, the contractor proposes and agrees to make good faith efforts to contract with eligible City of Omaha certified PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain prior approval from the Human Relations Department Director or a designee,for substitution of the below listed subcontractor with a City of Omaha certified PBE and/or DBE. In submitting this form, the Bidder is certifying that it has contacted City of Omaha Human Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the program the opportunity to submit bids on this project. Type of work and Projected contract item or parts commencement Name of PBE and/or thereof to be and completion *Agreed price with DBE Address performed date of work PBE/DBEs Percentage(%) Totals *Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false, or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements, intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title Date of Signing Firm or Corporate Name Address Telephone Number man Relations Omaha's rules, guidelines and criteria for (a) Department prior to bid opening regarding this making determinations as to the legitimacy of project and has afforded subcontractors participating PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of o assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA THIS FORM MUST BE SUBMITTED WITH THE BID BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORK FORCE DATA WITH EACH BID (Protected Class is defined as Black, Hispanic, Asian and Pacific Islander,American Indian or Alaskan Native, Female.) Total Emplol ees Protected Class Males Protected Class Females American American Total Total Asian or Indian or Asian or Indian or Work Protected Pacific Alaskan Pacific Alaskan Date Force Class Black Hispanic Islander Native Black Hispanic Islander Native White on hid All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any Questions regarding the Contract Compliance Ordinance should be directed to the Human Relations Department at(402) 444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: (Date of Signing) Signature: (Print Name) (Title) (Signature) reed Price"column;total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false, or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements, intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title Date of Signing Firm or Corporate Name Address Telephone Number man Relations Omaha's rules, guidelines and criteria for (a) Department prior to bid opening regarding this making determinations as to the legitimacy of project and has afforded subcontractors participating PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of o assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • • EXHIBIT "C" QUARTERLY REPORT ON PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES (This form must be submitted within 10 calendar days of the end of each calendar quarter, from the start of the project.) Company Name: Project Number: Project Name: Total Contract Amount: Calendar Quarter Covered by this Report: 1st 3rd —2"d 4th Year 200_ I. Protected and/or Disadvantaged Contractors Instructions: List all Protected and/or Disadvantaged Subcontractors which have performed work since Notice to Proceed (NTP), are currently performing work, and are contemplated to perform work during the duration of the City of Omaha Contracts. Name and total dollars committed and paid. Name of Protected and/or Disadvantaged Dollars Paid During Dollars Paid Since Business Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date y Questions regarding the Contract Compliance Ordinance should be directed to the Human Relations Department at(402) 444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: (Date of Signing) Signature: (Print Name) (Title) (Signature) reed Price"column;total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false, or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements, intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title Date of Signing Firm or Corporate Name Address Telephone Number man Relations Omaha's rules, guidelines and criteria for (a) Department prior to bid opening regarding this making determinations as to the legitimacy of project and has afforded subcontractors participating PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of o assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • • Professional Services Agree 5- 07.doc • 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 applicant for employment because of race, religion, color, sex, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-89. The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to,reasonable accommodation. As used herein,the word "treated" shall mean and include,without limitation, the following: Recruited, whether 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 or national origin. 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 contract compliance officer 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 section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer 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 of 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 is necessary to protect the interests of the city and to effectuate these 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 \\Srv8\Arch\Projects\10279 Omaha Sewer Maint Roof Replcement\Word-XL\Professional Services Agree 5- 07.doc Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • Professional Services Agree 5- 07.doc EXHIBIT"D" SCOPE OF SERVICES \\Srv8\Arch\Projects\10279 Omaha Sewer Maint Roof Replcement\Word-XL\Professional Services Agree 5- 07.doc o' v� ,_a . n ay.Po. a 4C .° qb . 0o , 00. 0 Cr _ v, 0 0 ►s o �N-' co nag N (-) (...n 0 .-• 0 r-t- p CM? i-t " "'Zi av u w•‘cao o 0 • d Compensation 5 DENIOJ 345211.01.XX.DV_OMAHA.DOC D O H O�j N N `� N 4. CT 11 li. f r V \t 9 1:13:12 PM, Bid Tabulation, Generated by:admin for project OPW 51662 5`7/ey47 Approved. _ 0/014",•"-- Mayor • • hgin EXHIBIT D ASSOCIATES INC . SCOPE OF SERVICES February 26, 2009 Mr. Michael Oestmann Mr. Craig Christians, P.E. Public Works Department/Sewer Maintenance City of Omaha,Nebraska 6880 Q Street Omaha,Nebraska 68117-1647 Subject: City of Omaha Existing Sewer Maintenance Facility Re-roofing Project HGM Proposal No. 00079-046 Dear Mike and Craig: On behalf of HGM ASSOCIATES INC. (HGM) we are pleased to submit this letter form agreement for architectural and engineering services for the referenced project. This agreement consists of this letter, the attached Scope of Services labeled as Exhibit A and the attached General Provisions labeled as Exhibit B. HGM will provide Basic Services including Field Investigation, Final Design Documents, assistance during Bidding or Negotiation, 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$28,000. Additional Services will be charged on an hourly basis in accordance with our standard hourly rate schedule. Reimbursable will be charged on the basis of actual cost. 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. 5022 S. 114TH STREET,SUITE 200,OMAHA,NEBRASKA 68137(402)346-7559, FAX(402)346-0224 640 FIFTH AVENUE, P.O. BOX 919,COUNCIL BLUFFS,IOWA 51502(712)323-0530,FAX(712)323-0779 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 contract compliance officer 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 section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer 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 of 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 is necessary to protect the interests of the city and to effectuate these 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 \\Srv8\Arch\Projects\10279 Omaha Sewer Maint Roof Replcement\Word-XL\Professional Services Agree 5- 07.doc Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • Mr. Michael Oestmann Mr. Craig Christians,P.E. Public Works Department/Sewer Maintenance City of Omaha,Nebraska February 26, 2009 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, Y.E. Project Manager Vice President Acceptance of Proposal: CITY OF OMAHA,NEBRASKA - CLIENT Authorized Signature Printed Name & Title Date of Acceptance \\Srv8 data\Arch\Contracts\Contracts\2009 Proposals\City of Omaha\00079-046 Sewr Main Bldg Reroof LFA 090224(mmm).doc hgm A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS eceipt of your written authorization. HGM will provide these Basic Services for a lump sum amount of$28,000. Additional Services will be charged on an hourly basis in accordance with our standard hourly rate schedule. Reimbursable will be charged on the basis of actual cost. 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. 5022 S. 114TH STREET,SUITE 200,OMAHA,NEBRASKA 68137(402)346-7559, FAX(402)346-0224 640 FIFTH AVENUE, P.O. BOX 919,COUNCIL BLUFFS,IOWA 51502(712)323-0530,FAX(712)323-0779 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 contract compliance officer 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 section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer 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 of 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 is necessary to protect the interests of the city and to effectuate these 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 \\Srv8\Arch\Projects\10279 Omaha Sewer Maint Roof Replcement\Word-XL\Professional Services Agree 5- 07.doc Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • SCOPE OF SERVICES EXHIBIT A This is an exhibit attached to and made part of the letter agreement dated February 26, 2009 between: City of Omaha, Nebraska (CLIENT) and HGM ASSOCIATES INC. (HGM) (CONSULTANT). Project Description: City of Omaha Existing Sewer Maintenance Facility Re-roofing Project The Basic Services to be provided by the CONSULTANT under this agreement are further described as follows: 1. FIELD INVESTIGATION A. Based on Existing Drawings and from a site visit, prepare an existing roof plan for the Roof Replacement Project. B. Perform site investigation by Architects and Structural Engineer. C. Review existing available drawings. 2. FINAL DESIGN DOCUMENTS . A. Prepare Final Design Documents, stamped by licensed Architects so that permits can be obtained and bids received from Contractors. B. Include Architectural roof plans, sections, and details to re-roof the existing Facility. C. Use the City of Omaha standard front end documents and edit as necessary for Contractors bidding and contracts. D. Provide technical material and system specifications. E. Conduct review meetings as appropriate during the preparation of construction documents. 3. BIDDING or NEGOTIATION A. Printing and distribution of final documents to Contractors, Subcontractors, Material Suppliers, and Plan Holding Agencies will be provided by the City of Omaha. B. Assist the City of Omaha with the permit application. C. Answer questions from Bidders during bidding period. D. Issue addendum as necessary. E. Attend pre-bid conference with interested bidders. HGM will provide an agenda for the Prebid Meeting. F. Attend bid letting. G. Review bids and recommend Contractor for the Project. H. Assist the City of Omaha with preparation of the Contract. hgm A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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 section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer 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 of 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 is necessary to protect the interests of the city and to effectuate these 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 \\Srv8\Arch\Projects\10279 Omaha Sewer Maint Roof Replcement\Word-XL\Professional Services Agree 5- 07.doc Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • SCOPE OF SERVICES EXHIBIT A • Continued 4. CONSTRUCTION ADMINISTRATION A. Conduct a pre-construction meeting with the Contractor, Subcontractors, etc. HGM will provide an agenda for the Preconstruction Meeting. B. Review Shop Drawings and Product Submittals. C. Issue Change Orders, if necessary or authorized. D. Review and approve Contractors pay requests. E. Perform 3 site meetings and/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. hgm A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS idding and contracts. D. Provide technical material and system specifications. E. Conduct review meetings as appropriate during the preparation of construction documents. 3. BIDDING or NEGOTIATION A. Printing and distribution of final documents to Contractors, Subcontractors, Material Suppliers, and Plan Holding Agencies will be provided by the City of Omaha. B. Assist the City of Omaha with the permit application. C. Answer questions from Bidders during bidding period. D. Issue addendum as necessary. E. Attend pre-bid conference with interested bidders. HGM will provide an agenda for the Prebid Meeting. F. Attend bid letting. G. Review bids and recommend Contractor for the Project. H. Assist the City of Omaha with preparation of the Contract. hgm A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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 section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer 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 of 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 is necessary to protect the interests of the city and to effectuate these 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 contract compliance officer. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. PBE/DBE Doc 12/5/02 \\Srv8\Arch\Projects\10279 Omaha Sewer Maint Roof Replcement\Word-XL\Professional Services Agree 5- 07.doc Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set - ----... -.. , ,„,„,,,0„..,,,,.,.,..,„,is..,,,,,4.,,,,,,,,,,,...,....Imn\.r.....”,11.10111-ZNOV.0 r..717..X.,,:7: • GENERAL PROVISIONS EXHIBIT B This is an exhibit attached to and made part of the letter agreement dated February 26, 2009 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 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 of Agreement: This agreement or any portion thereof,may be terminated by either party upon 7 days written notice to the other party. In event such Notice of Termination shall be given, the payment for General Consulting Engineering Services for work performed prior to the date of termination shall be determined by multiplying payroll cost times 2.30 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. 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 to limit the CONSULTANT'S liability to all parties on the project due to the CONSULTANT'S negligent professional acts,errors or omissions,such that the total aggregate liability of the CONSULTANT shall not exceed$50,000.00. 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. Contractor's Work: That the CONSULTANT shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction,or the safety precautions and programs incident thereto,and the CONSULTANT shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 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 fees 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. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS hgm ASSOCIATES INC . RATE RANGE SCHEDULE EFFECTIVE 12/16/08 - 12/15/09 Principal Engineer $150.00 - 192.00 /hour Sr. Project Engineer/Project Manager 100.00 - 150.00 /hour Sr. Project Architect/Project Manager 97.00 - 150.00 /hour Structural Engineer 68.00 - 145.00 /hour Project Engineer 84.00 - 102.00 /hour Project Architect 65.00 - 107.00 /hour Senior Design Engineer 75.00 - 100.00 /hour Design Engineer 62.00 - 85.00 /hour Land Surveyor 73.00 - 142.00 /hour Technician 45.00 - 90.00 /hour 1-Man Survey Crew with GPS Unit * 128.00 - 142.00 /hour 2-Man Survey Crew * 103.00 - 205.00 /hour 2-Man Survey Crew with GPS Unit * 158.00 - 260.00 /hour 3-Man Survey Crew * 145.00 - 252.00 /hour 3-Man Survey Crew with GPS Unit * 200.00 - 307.00 /hour Administrative Assistant 35.00 - 63.00 /hour 5022 S. 114TH STREET,SUITE 200,OMAHA,NEBRASKA 68137(402)346-7559,FAX(402)346-0224 640 FIFTH AVENUE,P.O. BOX 919,COUNCIL BLUFFS,IOWA 51502(712)323-0530,FAX(712)323-0779 NT 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 of Agreement: This agreement or any portion thereof,may be terminated by either party upon 7 days written notice to the other party. In event such Notice of Termination shall be given, the payment for General Consulting Engineering Services for work performed prior to the date of termination shall be determined by multiplying payroll cost times 2.30 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. 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 to limit the CONSULTANT'S liability to all parties on the project due to the CONSULTANT'S negligent professional acts,errors or omissions,such that the total aggregate liability of the CONSULTANT shall not exceed$50,000.00. 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. Contractor's Work: That the CONSULTANT shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction,or the safety precautions and programs incident thereto,and the CONSULTANT shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 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 fees 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. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: - WHEREAS, engineering and architectural services are required for design, construction documents and construction administration for re-roofing the Sewer Maintenance Facility located at 6880 "Q" Street; and, WHEREAS, HGM Associates, Inc. has agreed to perform the services listed in the attached agreement, which by this reference is made a part hereof, for a fee not to exceed $28,000 plus normal reimbursable expenses, which will be paid from the Sewer Revenue Fund 21121, Sewer Maintenance Organization 116511, year 2009 expenditure; and, WHEREAS, the Public Works Department does not have sufficient staff to undertake this engineering project at this time. 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 engineering and architectural services for the design, construction documents and construction administration for re-roofing the Sewer Maintenance Facility located at 6880 "Q" Street, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay $28,000 plus normal reimbursable expenses for these professional services from the Sewer Revenue Fund 21121, Sewer Maintenance Organization 116511, year 2009 expenditure. 1253hxf APPROVED AS TO FORM: CITY ATTORNEY DATE By....ADOS C7i4a144 Councilmember Adopted •APR 1 4 2009 -4 ' City Clerk ©� - - r Approved �� Mayor the other party. In event such Notice of Termination shall be given, the payment for General Consulting Engineering Services for work performed prior to the date of termination shall be determined by multiplying payroll cost times 2.30 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. 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 to limit the CONSULTANT'S liability to all parties on the project due to the CONSULTANT'S negligent professional acts,errors or omissions,such that the total aggregate liability of the CONSULTANT shall not exceed$50,000.00. 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. Contractor's Work: That the CONSULTANT shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction,or the safety precautions and programs incident thereto,and the CONSULTANT shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 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 fees 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. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS UD N O F AD C4 t • c ru. u ; 0 8hu) `O C p P OnC 0 - Ooo (� Q amo ` ~ OC . CDr-, ,-+ 2 = o Q • ~ `� • V p N ,- . -, AD � t: CD CDIto 1IIiuI ;;I! a r'3 -+ n CD n •- 0 ig o � Cnp. 0 x ° cD co o cn .cnCNCD 0 0CD t - A. • v DENIOJ 345211.01.XX.DV_OMAHA.DOC D O H O�j N N `� N 4. CT 11 li. f r V \t 9 1:13:12 PM, Bid Tabulation, Generated by:admin for project OPW 51662 5`7/ey47 Approved. _ 0/014",•"-- Mayor