RES 2009-0016 - Agmt with HGM Associates Inc for office building for sewer maintenance division 0 r
s oMAHA.NF6+P O
s � /r��> R E C E 1 V i' U Public Works Department
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® �� il�— January 13, SU17i 1819 Farnam Street,Suite 601
o�p ' }` '.:-ry Omaha,Nebraska 68183-0601
gi, r*A CITY '<L t t' i t (402)444-5220
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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 design an office building and its equipment and to provide plans, specification
and bidding services for the Public Works Department, Sewer Maintenance Division at the new
Northeast Joint Use Facility. Details of the scope of services are included in Exhibit "D", which
is attached to the Agreement.
HGM Associates, Inc. has agreed to perform the engineering services for a fee of$60,000. This
amount will be paid from the Sewer Revenue Improvement Fund 21124, Capital Asset
Replacement Organization 116913.
HGM Associates, Inc. was selected to perform the required engineering services in accord with
the Architect's and Engineer's Review and Selection Committee rules. HGM has filed the
required Annual Contract Compliance Report Form, CC-1, in the Human Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectftt ubmitted, Referred to City Council for Consideration:
1 Z (-e'v C{ ' .4,-e V.571teo ert G. Stubbe, P.E. Date Ma isOf e
Public Works Director
Approved as to Funding: Approved:
L.,,,,R t). A.,--,A,., is.4.1 I .\62-. La.
---j4)- - /V/Z40 0
Carol A. Ebdon Date Human Rights nd Relations Date
Finance Director Department
Ni,,\Sb 1186hxf
ha, NE 68138
800.828.8487 • 402.397.5001 • 402.397.3313 (fax)
3
2. Vision Workshop with OPD Leadership Week of January 5,2009
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/DI3E Doc 12/5/02
•
•
prior to substituting such PBE/DBE,the Contractor shall seek Relations Director:any situation in which regularly scheduled
approval from the Human Relations Department.The City of progress payments are not made to PBE/OBE.
Omaha's Human Relations Department Director or a subcontractors,
designee, shalt approve all:prior substitutions in writing in
order•to ensure that the substituted firms are bona fide in submittinct.its bid,the Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
•
PROFESSIONAL SERVICES AGREEMENT let=.2AQ$'
THIS AGREEMENT is hereby made and entered into this /3� day o , 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
Joint Use Facility
City of Omaha
Sewer Maintenance Facility
Construction Administration Services and Upgrade Final Drawings
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 365 day
period after receipt of a purchase order from the City.
B. Provider designates Dean S. Fajen, P.E., AIA whose business address and phone number are
640 Fifth Avenue, P.O. Box 919,Council Bluffs, Iowa 51502-0919; Telephone
(712)-323-0530 as its project manager and contact person for this project.
C. Provider agrees to maintain records and accounts, including personnel, financial and property
records, sufficient to identify and account for all costs pertaining to the project and certain
other records as may be required by the City to assure a proper accounting for all project
funds. These records shall be made available to the City for audit purposes and shall be
retained for a period of five (5)years after the expiration of this Agreement.
D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all
compensated providers, employees, and subcontractors.
E. Provider agrees to complete, within 365 calendar days of receipt of a purchase order from the
City, the necessary services. The City 3cognizes that completion within this deadline is
contingent upon timely response from utilities and City input.
III. DUTIES OF CITY
A. City designates Craig Christians whose business address and phone number are Sewer
Maintenance Manager, City of Omaha Sewer Maintenance Division, 6880 Q Street,
Omaha, Nebraska 68117; Telephone (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.
ce 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/DI3E Doc 12/5/02
•
•
prior to substituting such PBE/DBE,the Contractor shall seek Relations Director:any situation in which regularly scheduled
approval from the Human Relations Department.The City of progress payments are not made to PBE/OBE.
Omaha's Human Relations Department Director or a subcontractors,
designee, shalt approve all:prior substitutions in writing in
order•to ensure that the substituted firms are bona fide in submittinct.its bid,the Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
IV. COMPENSATION AND PAYMENT
A. The cost of services as specified in the Scope of Service, shall be performed on a lump sum
basis in the amount of$60,000.00.
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.
s (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/DI3E Doc 12/5/02
•
•
prior to substituting such PBE/DBE,the Contractor shall seek Relations Director:any situation in which regularly scheduled
approval from the Human Relations Department.The City of progress payments are not made to PBE/OBE.
Omaha's Human Relations Department Director or a subcontractors,
designee, shalt approve all:prior substitutions in writing in
order•to ensure that the substituted firms are bona fide in submittinct.its bid,the Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
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.
f 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/DI3E Doc 12/5/02
•
•
prior to substituting such PBE/DBE,the Contractor shall seek Relations Director:any situation in which regularly scheduled
approval from the Human Relations Department.The City of progress payments are not made to PBE/OBE.
Omaha's Human Relations Department Director or a subcontractors,
designee, shalt approve all:prior substitutions in writing in
order•to ensure that the substituted firms are bona fide in submittinct.its bid,the Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
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 ally 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 Z,t day of November , 2008 .
Provider HGMoASSOCIATES INC.
• By 0.!
ATTEST Kim . McKeown, P.E.
Pr sident
( itle)
EXECUTED this r �r�ay of V'-/9vt<< ,�wf
ATTEST CITY OF OMAHA,A Municipal Corporation
4 "F DA.�_� By
City erl< Mayor
•
APPROVED AS TO FORM:
/d—//-U8
u y ity Attorney
Revised: 4/18/07
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.
f 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/DI3E Doc 12/5/02
•
•
prior to substituting such PBE/DBE,the Contractor shall seek Relations Director:any situation in which regularly scheduled
approval from the Human Relations Department.The City of progress payments are not made to PBE/OBE.
Omaha's Human Relations Department Director or a subcontractors,
designee, shalt approve all:prior substitutions in writing in
order•to ensure that the substituted firms are bona fide in submittinct.its bid,the Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
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.omaha.ne.us/Departments/Human
Relations or can be requested through the Human Relations Department at 402-444-
5055.
2. 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. n 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
for ally 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 Z,t day of November , 2008 .
Provider HGMoASSOCIATES INC.
• By 0.!
ATTEST Kim . McKeown, P.E.
Pr sident
( itle)
EXECUTED this r �r�ay of V'-/9vt<< ,�wf
ATTEST CITY OF OMAHA,A Municipal Corporation
4 "F DA.�_� By
City erl< Mayor
•
APPROVED AS TO FORM:
/d—//-U8
u y ity Attorney
Revised: 4/18/07
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.
f 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/DI3E Doc 12/5/02
•
•
prior to substituting such PBE/DBE,the Contractor shall seek Relations Director:any situation in which regularly scheduled
approval from the Human Relations Department.The City of progress payments are not made to PBE/OBE.
Omaha's Human Relations Department Director or a subcontractors,
designee, shalt approve all:prior substitutions in writing in
order•to ensure that the substituted firms are bona fide in submittinct.its bid,the Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
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.
o 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.
f 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/DI3E Doc 12/5/02
•
•
prior to substituting such PBE/DBE,the Contractor shall seek Relations Director:any situation in which regularly scheduled
approval from the Human Relations Department.The City of progress payments are not made to PBE/OBE.
Omaha's Human Relations Department Director or a subcontractors,
designee, shalt approve all:prior substitutions in writing in
order•to ensure that the substituted firms are bona fide in submittinct.its bid,the Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
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 PBEI BE 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
Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
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.
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 PBEI BE 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
Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
- 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 Requirements.
the case may be, are required to make every
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
bring to the attention of the Human
(4) Any other penalty set forth in the City of
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
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 PBEI BE 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
Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
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 protect 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
as 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
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 PBEI BE 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
Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
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 Emploti 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
"Refer-..any gpuestirns re3auling the BID or SPECIFICAT«NS directly toll Purchasing Department(402)444-5400^r as shown
on bid. 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)
ha 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
as 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
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 PBEI BE 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
Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
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:
1 st 3rd
2nd 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
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)
ha 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
as 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
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 PBEI BE 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
Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
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
rprises 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 PBEI BE 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
Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
EXHIBIT D
hgm
PAGE 1 OF 6
ASSOCIATES INC .
November 21, 2008
Mr. Craig Christians, P.E.
Sewer Maintenance Manager
Department of Public Works and Engineering
City of Omaha, Nebraska
6880 Q Street
Omaha, Nebraska 68117
Subject: Joint Use Facility
City of Omaha
Sewer Maintenance Facility
Construction Administration Services and Upgrade Final Drawings
Dear Craig:
On behalf of HGM ASSOCIATES INC. (HGM) we are pleased to submit this letter form
agreement for engineering, architecture, and surveying services for the referenced project. This
agreement consists of this letter, the attached Scope of Services and the attached General
Provisions.
HGM will provide Basic Services including updating the HGM Plans dated January, 2007,
additional Survey, assistance during Bidding or Negotiation, and Construction Administration.
These services are more specifically defined in the attached Scope of Services. 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$60,000. We have estimated
that current construction costs for the Project to be around $1,700,000. Additional Services will
be charged on an hourly basis in accordance with our standard hourly rate schedule.
Reimbursable expenses will be charged on the basis of actual cost and are estimated to be
$5,000.
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
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
rprises 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 PBEI BE 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
Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
•
EXHIBIT D
PAGE 2 OF 6
Mr. Craig Christians, P.E.
City of Omaha,Nebraska
Page 2 of 2
November 21, 2008
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. im I. McKeo , P.E.
Project Manager President
Acceptance of Proposal:
CITY OF OMAHA, NEBRASKA - CLIENT
Authorized Signature
Printed Name & Title
Date of Acceptance
\\Srv8\data\Arch\Contracts\Contracts\2008 Proposals\City of Omaha\Omaha Joint Use Facility Sewer Maintenance Building 080826 REV 081110(mmm).doc
hgm
A TRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
n.
HGM will provide these Basic Services for a lump sum amount of$60,000. We have estimated
that current construction costs for the Project to be around $1,700,000. Additional Services will
be charged on an hourly basis in accordance with our standard hourly rate schedule.
Reimbursable expenses will be charged on the basis of actual cost and are estimated to be
$5,000.
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
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
rprises 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 PBEI BE 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
Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
EXHIBIT D
PAGE 3 OF 6
SCOPE OF SERVICES
This is an exhibit attached to and made part of the letter agreement dated November 21, 2008
between: City of Omaha, Nebraska (CLIENT) and HGM ASSOCIATES INC. (HGM)
(CONSULTANT).
Project Description: Joint Use Facility
City of Omaha
Sewer Maintenance Facility •
Construction Administration Services and Upgrade Existing Drawings
The Basic Services to be provided by the CONSULTANT under this agreement are further
described as follows:
1. SURVEYING
A. Provide additional topographic survey to verify field conditions that exist after the
placement of surcharge in the area of the Sewer Maintenance Building.
2. FINAL DESIGN DOCUMENTS
A. Update the previously completed 95% Construction Documents including Civil,
Architectural, Structural, Mechanical, and Electrical Drawings.
B. Include City of Omaha Standard Front End Documents.
C. Provide technical material and systems specifications.
D. Provide review meetings to coordinate the design.
E. Upgrade the landscaping plan per City of Omaha requirements and coordinate
with Jim Krantz.
F. Assist in obtaining the grading permit.
G. Prepare an erosion control plan.
3. BIDDING or NEGOTIATION
A. Print and distribute final documents to Contractors, Subcontractors, Material
Suppliers, and Plan Holding Agencies to obtain competitive bids by the Client.
B. Make permit application.
C. Answer questions from Bidders during bidding period.
D. Issue addendum as necessary.
E. Attend pre-bid conference with interested bidders.
F. Attend bid letting.
G. Review bids and recommend Contractor for the Project.
H. Distribute bid results to interested parties.
hgm
A TRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
30, FAX(712)323-0779
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
rprises 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 PBEI BE 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
Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
EXHIBIT D
PAGE 4 OF 6
SCOPE OF SERVICES
Continued
4. CONSTRUCTION ADMINISTRATION
A. Conduct a pre-construction meeting with the Contractor, Subcontractors, etc.
B. Review Shop Drawings and Product Submittals.
C. Issue Change Orders, if necessary or authorized.
D. Review and approve Contractors pay requests.
E. Provide bi-weekly site meetings or site visits as appropriate to the work being
performed. (Assuming 12 month construction)
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.
BREAKDOWN OF FEES
Surveying to Verify Existing Conditions $3,000
Update Existing Civil, Architectural, Structural, Mechanical,
Electrical, and Landscaping Plans as per Review Meetings 10,000
Construction Administration (Assuming 12 month construction) 47,000
Total Fees $60,000
hgm
A TRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
documents to Contractors, Subcontractors, Material
Suppliers, and Plan Holding Agencies to obtain competitive bids by the Client.
B. Make permit application.
C. Answer questions from Bidders during bidding period.
D. Issue addendum as necessary.
E. Attend pre-bid conference with interested bidders.
F. Attend bid letting.
G. Review bids and recommend Contractor for the Project.
H. Distribute bid results to interested parties.
hgm
A TRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
30, FAX(712)323-0779
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
rprises 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 PBEI BE 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
Bidder istertifyina that it has contacted City of
•PBE/DBEs Omaha Human Relations Department prior to bid openino regarding
this protect and has afforded subcontractors participating :in the
f. In the event of the.Contractor's non-compliance with the PBE/DBE program the opportunity to-submit bids onthis proiecl,Failure
Protected and/or Disadvantaaed Business Enterprise to comply with the above shall resuli in the bid being reiected by the
requirements of this Contract,the City of Omaha shall impose City of Omaha.
such .contract sanctions as It may determine to be
appropriate.including:but not limited to: •
•
•
•
all submit reasonable period before bids are due;
good faith efforts documentation with their bid.The evidence must
shove to the City of Omaha's satisfaction that the bidder has in good f, Notification, in writing, to a reasonable number al specific
faith made every reasonable effort, in the City of Omaha's PBE/DBEs that their interest in contract work is solicited,in
judgment,to meet such goals.If any bidder fails to submit;with the sufficient time to allow the PBE/DBEs to participate
bid,the required information concerning PBE/DBE participation,or effectively;
if, having failed to meet the City of Omaha's goals or faits to
• demonstrate to the City of Omaha's satisfaction the bidder's good g. Concerning each PBE/DBE the Bidder contacted but
faith efforts to do so,the City of Omaha may,in its discretion,reject rejected as unqualified, the reasons for the Bidder's
the bid. conclusion;
•
' GENERAL PROVISIONS EXHIBIT D PAGE 5 OF 6
This is an exhibit attached to and made part of the letter agreement dated November 21, 2008 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: lf, 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 the CONSULTANT'S total fee for services rendered under this contract,or$50,000.00 whichever is greater.
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
EXHIBIT D
hgin PAGE 6 OF 6
ASSOCIATES INC .
RATE RANGE SCHEDULE
EFFECTIVE 12/16/07 12/15/08
Principal Engineer $150.00 - 186.00 /hour
Sr. Project Engineer/Project Manager 115.00 - 145.00 /hour
Sr. Project Architect/Project Manager 90.00 - 136.00 /hour
Structural Engineer 66.00 - 136.00 /hour
Project Engineer 84.00 - 102.00 /hour
Project Architect 62.00 - 107.00 /hour
Senior Design Engineer 74.00 - 97.00 /hour
Design Engineer 62.00 - 80.00 /hour
Land Surveyor 68.00 - 136.00 /hour
Technician 40.00 - 85.00 /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
s 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: lf, 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 the CONSULTANT'S total fee for services rendered under this contract,or$50,000.00 whichever is greater.
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
a
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the 2008-2013 Capital Improvement Program includes Project No. 405
which is the Northeast Joint Usage Facility, Sewer Maintenance Facility heated northwest of
16th and Jaynes Streets; and,
WHEREAS, HGM Associates Inc. has been selected to design the building and its
equipment for the Public Works Department, Sewer Maintenance Division office building, in accordance with the rules for selection of professional services; and,
'WHEREAS, exhibit "D" of the attached agreement for engineering services describes in
detail the services to be provided and that the agreement by this reference becomes part hereof;
and,
WHEREAS, HGM Associates Inc. has agreed to perform the work described for the sum
of$60,000.00, which will be paid from the Sewer Revenue Improvement Fund 21124, Capital
Asset Replacement Organization 116913.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the Professional Services Agreement with HGM
Associates, Inc. for design of an office building and its equipment for the Public Works
Department, Sewer Maintenance Division at the Northeast Joint Usage Facility located northwest
of 16th and Jaynes Streets, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the amount of$60,000.00 which will
be paid from the Sewer Revenue Improvement Fund 21124, Capital Asset Replacement
Organization 116913.
1185hxf APPROVED AS TO FORM:
/00,000
„ � CITY ATTORNEY DATE
By
,Councilmember
Adopted JAN 1 3 2009--- 4_a
'4404 4,‘2.
City Clerk�41*,
Approved
?" 40).1'17"
Mayor
performed prior to the date of termination shall be determined by multiplying payroll cost times 2.30
Plan Revisions: lf, 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 the CONSULTANT'S total fee for services rendered under this contract,or$50,000.00 whichever is greater.
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
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