RES 1998-0783 - Agmt with HGM Associates Inc for Spring Lake Park golf clubhouse ‘ 4--/ 4r-e-e-we,04.5
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Parks, Recreation &
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Omaha/Douglas Civic Center
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s.,z�>., James P.Cleary
City of Omaha Director
Hal Daub,Mayor March 31, 1998
Honorable President
and Members of the City Council:
The attached Resolution approves the Professional Services Agreement with HGM Associates, Inc.
to provide professional services for the Master Plan/Clubhouse project in Spring Lake Park.
This project is the result of a fire on January 5, 1998, that destroyed Spring Lake Park Golf
Clubhouse. Reconstruction of this facility is necessary for the continued long term operation of the
Spring Lake Park Golf Course.
In order to insure timely completion of A&E services, thereby allowing the building to be
operational for the 1999 golfing season,HGM Associates, Inc. was selected in accordance with the
Professional Services Ordinance and Section 10-187 of the Omaha Municipal Code. The Parks,
Recreation and Public Property Department hereby recommends HGM Associates, Inc. to provide
these services, to include; necessary design, plans and specifications, bidding services and
construction management services, as outlined in the attached Agreement
The Finance Department is authorized to pay for the costs of these professional services, from Golf
Capital Fund 510, Agency 120, Organization 1255 and Activity 2207, on a lump sum basis not to
exceed $39,784.00, which includes reimbursables limited to $1,250.00.
Your favorable consideration of the attached Resolution is requested.
sp dully ssurbmitted, Approved:
2/
/Or
/)t-fj-Li14/11-
ames P. Cleary, Dire r Date George L. avls,Jr. Date q
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Parks, Recreation an Human Relations Director ,r= '� `,•
Public Property Department
Approved as to Funding: Referred to the City Council for
Conside tion:
2. �, �:� `� �, ,/ - 3 �i/
' Date Mayor's Office/Title - Date
Louis A. D'Ercole y
Finance Director
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P:\PRPP\5170.MAF i
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of_lad
19 I , 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"),1104 Douglas On The Mall, Omaha, NE
68102, on the terms, conditions and provisions as set forth hereinbelow.
I. PROJECT NAME AND DESCRIPTION
Spring Lake Park - Master Plan/Clubhouse Project
II. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, as set out and more fully
described in the Proposal for Architectural and Engineering Services attached hereto, for
the City, relative to the above-referenced project which is illustrated in Exhibit "A". Such
services shall be completed within a reasonable period after receipt of a purchase order
from the City.
B. Provider designates Dean Fajen 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 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, a copy of which is
provided in the attached Proposal for Architectural Services.
E. Provider agrees to compile, as indicated on attached Exhibit "D", all
documents necessary to submit the above-referenced project for bidding. The City
recognizes that completion within this deadline is contingent upon timely meeting
schedules and City input.
F. Provider agrees to furnish one complete set of reproducible mylar
construction drawings to the City prior to completion of the project.
G. Provider agrees to comply with Section 10-144 of the Omaha Municipal
Code which provides that the City may require that further copies of the contract product
be submitted to the City of Omaha for distribution as follows: one copy to the City Council
President, one copy to the City Clerk, and one copy to the City Council Staff. Such copies
shall be considered as a reimbursable expense of the contract.
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H. Provider shall be responsible for reviewing all project plans and
specifications with appropriate departments and agencies for compliance with City
ordinances, state and federal law, building, plumbing, electric and fire codes, and other
pertinent laws and regulations.
III. DUTIES OF CITY
A. City designates Dave Johnson as its contact person for this project, who
shall provide a notice to proceed and such other written authorizations as are necessary
to commence or proceed with the project and various aspects of it.
B. City shall furnish Provider all forms and information necessary for
Completion of bid documents including, but not limited to, sample agreement forms and
general conditions language for contracts.
IV. COMPENSATION AND PAYMENT
A. The cost of services as specified in the Scope of Service, shall be performed
on a lump sum basis, not to exceed $38,534.00. The hourly basis shall be as set out in
Exhibit "B", Schedule of Compensation. The express written consent of the City shall be
required in order to exceed said amount. The Provider will bill the City on a percent
complete basis as follows:
1. Completion of Master Plan
And Preliminary Design $6,837.00
2. Completion of Construction Documents $20,715.00
3. Completion of Bidding Documents $1,542.00
4. Completion of Construction $9.440.00
TOTAL FEE $38,534.00
B. Reimbursable expenses shall be billed to the City by the Provider at actual
cost. Detailed itemization of such expense shall be made available to the City upon
request. In no event shall such expenses exceed $1250.00 without the prior written
approval of the City.
C. Provider shall submit periodic invoices to the City contact person, detailing
services performed and the cost thereof. City shall pay such invoices within thirty (30)
days after the date of the invoice.
V. OWNERSHIP
All plans and specifications provided pursuant to the terms of this agreement,
including but not limited to construction mylars, shall be and become the property of the
City.
No additional compensation shall be due the Provider from the City for such plans and
specifications. However, if the plans and specifications are re-utilized by the City, the City
agrees to contact with the Provider for any required adaptations, contingent upon the
negotiation of a fee for this service acceptable to both the City and the Provider.
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 and shall carry worker's
compensation insurance in accordance with the statutory requirements of the State of
Nebraska.
VII I. INDEMNIFICATION
(1) To the fullest extent permitted by law, the Provider shall indemnify and hold
harmless the City, its agents and employees, their successors and assigns, individually
and collectively, from and against all claims, suits, damages, fines, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from the provision of
services under this agreement, provided that such claim, suit, damage, fine, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property including loss of use resulting therefrom, but only to the
extent cause in whole or in part by negligent acts or omissions of the Provider, anyone
directly or indirectly employed by it, or anyone for whose acts it may be liable, regardless
of whether or not such claims, suit, damage, fine, loss or expense is caused in part by a
party indemnified hereunder. Such obligation shall not be construed to negate, abridge,
or reduce other rights or obligations of indemnity which would otherwise exist as to a party
or person described in this paragraph.
(2) In claims against any person or entity indemnified under this paragraph by
an employee of the Provider, anyone directly or indirectly employed by it, or anyone for
those acts it may be liable, the indemnification obligation under this paragraph shall not be
limited by a limitation on amount or type of damages, compensation or benefits payable by
or for the Provider under workers' or workmen's compensation acts, disability benefit acts
or other employee benefit acts.
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IX. TERMINATION OF AGREEMENT
This agreement may be terminated by the City upon written notice to the Provider
of such termination and specifying the effective date at least seven (7) days prior to the
effective date of such termination. In the event of termination, the Provider shall be
entitled to just and equitable payment for services rendered to the date of termination, and
all finished or unfinished documents. Data surveys, studies, drawings, maps, models,
reports or photographs shall become, at the City's option, its property.
X. GENERAL CONDITIONS
A. Non-discrimination. Provider shall not, in the performance of this
agreement, discriminate or permit discrimination in violation of federal or state laws or
local ordinances because of race, color, sex, age, or disability as recognized under 42
USCS 12101 et seq. and Omaha Municipal Code 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 law. Parties to this agreement shall conform with all existing and
applicable city ordinances, resolutions, state laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the performance
under this agreement.
D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no
elected official or any officer or employee of the City shall have a financial interest, direct
or indirect, in any City agreement. Any violation of this section with the knowledge of the
person or corporation contracting with the City shall render the agreement voidable by the
Mayor or Council.
E. Interest of the Provider. The Provider covenants that he presently has no
interest and shall not acquire any interest, direct or indirect, which would conflict with the
performance of services required to be performed under this agreement; he further
covenants that in the performance of this agreement, no person having any such interest
shall be employed.
F. Merger. This agreement shall not be merged into any other oral or written
agreement, lease or deed of any type. This is the complete and full agreement of the
parties.
G. Modification. This agreement contains the entire agreement of the parties.
No representations were made or relied upon by either party other than those that are
expressly set forth herein. No agent, employee or other representative or 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.
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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 Exhibit "C" and
made a part hereof by reference are the equal employment provisions of this contract. All
reference in Exhibit "C" to "Contractor" shall mean "Provider." Refusal by the Provider to
comply with any portion of this programs as therein stated and described will subject the
offending party to any or all of the following penalties:
(1) Withholding of all future payments under the involved contracts to the
Provider in violation until it is determined that the Provider is in compliance with the
provisions of the contract;
(2) Refusal of all future bids for any contracts with the City or any of its
departments or divisions until such time as the Provider demonstrates that he has
established and shall carry out the policies of the program as herein outlined.
EXECUTED this /'`- day of /;��1..i11 , 19_a.
HGM Associates Inc.
By (Z BY Lv
Dean Fajen, P.E., .I.A. im I. McKeown, . .
Project Manager President
(Title) (Title)
EXECUTED this d day of ÷`, , 19B
ATTEST: CITY OF OMAHA, a Municipal
Corporate
By
City Clerk ayor
APPROVED AS TO-FORM:
007 3-16'it
/ / Assistant City Attorney
1
EXHIBIT "A"
SPRING LAKE PARK — MASTER PLAN/CLUBHOUSE
SCOPE OF SERVICES
DESCRIPTION OF PROJECT
A recent fire destroyed the main level of the wood framed Clubhouse. The basement is
constructed of concrete pan joist floor framing on masonry load bearing walls and appears
to be in sound structural condition, not indicating any damage from the fire.
The City proposes to remove the charred main level wood framing and rebuild a new
wood framed Clubhouse on the existing basement structure. Due to the sloping site, the
basement is walk-out on two sides and the City proposes to renovate the basement into a
Maintenance Area for the golf course and carts. The Upper Level of the Clubhouse will
include a food prep area, dining room, locker rooms and pro shop.
The Architect will develop a Master Plan that addresses incorporating an Aquatic Center
with a zero-slope pool, possibly in the area of the existing tennis court. The Architect will
also address additional parking, site development, a concession area to be shared by
Aquatic Center and Clubhouse patrons.
REQUIREMENTS OF ARCHITECT
The Architect will conduct a maximum of two (2) information meetings with Golf Course
users, the City of Omaha retained pool consultants and other groups suggested by the
City, to develop a Program for the Facility.
The Architect will prepare one (1) Master Plan Concepts for review by the City to address
a new Clubhouse built on the existing basement, Aquatic Center, Site Circulation and
Parking, based on the sketch provided by the City. The Architect will review and refine the
selected Master Plan with input from the City. Preliminary Statements of Probable Cost
will be prepared.
After approval of the Master Plan and Budget, the Architect will prepare Construction
Documents for the Clubhouse and Parking including civil engineering, architectural,
mechanical engineering and electrical engineering plans; bidding documents and
technical specifications. The City will distribute plans to bidders. The Architect will issue
addendums and assist the City in evaluating the bids.
The Architect will provide Construction Administration Services including periodic site
visits, review of shop drawings, answer questions during construction, issue change
orders, approve pay requests, provide punch list and prepare as-built drawings.
City of Omaha to Provide
1. Topographic Survey
2. Soil Report, if Needed
3. Existing Hanscom Park Aquatic Center Plans
4. Existing Spring Lake Park Drawings
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EXHIBIT "B"
SPRING LAKE PARK MASTER PLAN/CLUBHOUSE :-
HGM ASSOCIATES INC.
RATE RANGE SCHEDULE
EFFECTIVE 12/16/97 - 12/15/98
Principal Engineer $100.00 - 115.00 /hour
Sr. Project Engineer/Project Manager 75.00 - 95.00 /hour
Sr. Project Architect/Project Manager 75.00 - 95.00 /hour
Structural Engineer 65.00 - 90.00 /hour
Project Engineer 60.00 - 75.00 /hour
Architect 50.00 - 65.00 /hour
Senior Design Engineer 50.00 - 65.00 /hour
Mechanical/Electrical Engineer 40.00 - 60.00 /hour
Design Engineer 40.00 - 55.00 /hour
Land Surveyor 60.00 - 75.00 /hour
Engineering Technician 1 45.00 - 55.00 /hour
Engineering Technician 2 35.00 - 50.00 /hour
Engineering Technician 3 25.00 - 40.00 /hour
Engineering Technician 4 20.00 - 30.00 /hour
2-Man Survey Crew * 65.00 - 100.00 /hour
3-Man SurveyCrew
95.00 150.00 /hour
Stenographer 20.00 - 30.00 /hour
All other items at cost including outside testing or any other outside services provided by
the Engineer.
* Survey crews are comprised of surveyors or engineering technicians at hourly rates
specified and depending on project complexity, however, 2-man and 3-man crew rates are
guaranteed to not exceed crew ranges specified.
EXHIBIT "C"
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
13-82. 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 for this provision is to
provide for investigation to ascertain compliance with the program provided for
herein.
(5) The contractor shall take such actions with respect to any subcontractor as the city
may direct as a means of enforcing the provisions of paragraphs (1) through (7)
herein, including penalties and sanctions for noncompliance; however, in the event
the contractor becomes involved in or is threatened with litigation as the result of
such directions by the city, the city will enter into such litigation as 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 or purchase order so that such provisions will be binding upon each
subcontractor or vendor.
EXHIBIT "D"
PRELIMINARY PROJECT SCHEDULE
SPRING LAKE PARK — MASTER PLAN/CLUBHOUSE PROJECT
Notice to Proceed March 1, 1998
Information Meeting —Golfers, Pool Consultant, Etc. March 11, 1998
Project Program Submitted to City for Review March 20, 1998
Program Comments Returned to Architect April 1, 1998
Master Plan Complete — Clubhouse, Aquatic, Site, Estimate April 17, 1998
Master Plan Comments Returned To Architect April 24, 1998
Clubhouse Construction Documents Completed — Submit to City June 5, 1998
Final Comments Returned to Architect June 17, 1998
Clubhouse Out for Bids June 22, 1998
Clubhouse Bid Opening July 20, 1998
City Council Authorized Construction July 27, 1998
Construction Complete January 20, 1999
•
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr March 31 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Spring Lake Park Golf Clubhouse,located at 4020 Hoctor Blvd. was
destroyed by fire January 5, 1998; and,
WHEREAS,reconstruction of this facility is necessary for the continued long term
operation of the Spring Lake Park Golf Course; and,
WHEREAS,HGM Associates Inc. was selected in accordance with the Professional
Services Ordinance and Section 10-187 of the Omaha Municipal Code; and,
WHEREAS,the Parks,Recreation and Public Property Department has recommended
HGM Associates, Inc. be engaged to perform the required professional services; including design,
plans and specifications,bidding services and construction management services; and,
WHEREAS,HGM Associates Inc.will provide these services as detailed in Exhibit
"A",which by this reference is made a part hereof,for and not to exceed$39,784.00; which includes
reimbursable expenses in an amount not to exceed$1,250.00; and,
WHEREAS,HGM Associates Inc.has filed a Contract Compliance Form(CC-1); the
• Human Relations Director will review the firm to determine its compliance with the Contract
Compliance Ordinance; and,
WHEREAS,the Mayor has recommended approval of this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
By
Councilmember
Adopted
City Clerk
Approved 431 ,.
Mayor
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr March 31 19 98
PAGE 2
•
THAT, as recommended by the Mayor, HGM Associates Inc. will provide
professional services for the Spring Lake Park Golf Clubhouse in Spring Lake Park and the attached
Professional Services Agreement,which is incorporated herein by this reference, is hereby approved.
Funds not to exceed a fee of$39,784.00; which includes reimbursable expenses in an amount not to
exceed $1,250.00, shall be paid from Golf Capital Fund 510, Agency 120, Organization 1255 and
Activity 2207. The Finance Department is authorized to pay for the costs of this project from these
accounts.
APPROVED AS TO FORM:
(-2)4. 64,174A
Al- WANT CITY ATTORNEY DATE
P:\PRPP\5171.MAF
By
tuber
Adopted MAR 3 1 1998 9-79
ity Clerk
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