RES 2016-1172 - Agmt with HGM Associates Inc for Raven Oaks project F 0MxHA,NF& _
v�" , .i Public Works Department
ark it" n Omaha/Dough,Civic Center
x i August 23, 2016 ,) i 1819 Farnam Street,Suite 601
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� ,v y � Omaha,Nebraska 68183 0601
o (402)444-5220
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City of Omaha Robert G. Stubbe,P.E.
Jean Stothert,Mayor } P' 11 ", , Pi 5 Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement with HGM
Associates, Incorporated, to provide professional services on the Raven Oaks project, located at
Willit Street and North 52°d Avenue.
Approval of the attached resolution allows HGM Associates, Incorporated to proceed with the
work, as outlined in the attached Agreement. This work consists of a topographic survey,
design, and other services associated with this project.
HGM Associates, Incorporated has agreed to perform these services for a fee not to exceed
$21,006.60, which is detailed in Exhibit C of the agreement. These costs will be paid from the
2014 Environment Bond Fund 13124, Environmental Bonds Organization 117217.
HGM Associates, Incorporated has filed the required Contract Compliance Report, Form CC-1,
in the Human Rights and Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Res ctfully submitted, Approved:
,` �� 7-zS /6 i w_ IC
Ro ert G. Stubbe, P.E. Date pe er K. Danner . Date
Public Works Director Human Rights and Relation Director
Approved as to Funding: Refe ed to City Council for Consideration:
au_ 4/9.,_},- e--/--7,‘ -_S-frt.
,, Stephen B. Curtiss Date Mayor's Office Date
\Finance Director ,
1 480hra
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 314day ofat',,ZQ«i, by and between the
City of Omaha, a municipal corporation located in Douglas County, Nebr ka (hereinafter referred to as
the "City"), and HGM Associates, Inc. (hereinafter referred to as the"Provider"), on the terms, conditions
and provisions as set forth herein below. All references to"Contractor"shall mean"Provider".
I. PROJECT NAME AND DESCRIPTION
Raven Oaks- Willit Street and N. 52nd Avenue Drainageway Repairs.
HGM Project No. 000716-176
The project is located in Raven Oaks subdivision at Willit Street and N. 52nd Avenue. The storm
sewer outlet and drainageway are located east of the residential property at 8405 N. 52nd Street. The
purpose of the project is to provide to the CITY a final construction plan and specification for the
repair and stabilization of the existing drainageway and redesign of the existing storm sewer system.
II. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, as set out and more fully described in the
Proposal attached hereto, for the City. relative to the above-referenced project which is
illustrated in Exhibit "B" attached hereto. Such services shall be completed within a 45-
calendar day period after receipt of a purchase order from the City.
B. Provider designates John F. Krager III, PE whose business address and phone number is 5022
S. 114th Street, Omaha, NE 68137, (402) 346-7559 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 45- calendar days of receipt of a purchase order from the
City, the necessary services. The City recognizes that completion within this deadline is
contingent upon timely response from utilities and City input.
F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's
Human Rights and Relations Department prior to signing the agreement.
III. DUTIES OF CITY
A. City designates Adam Wilmes, PE whose business address and phone number are Omaha/Douglas
Civic Ctr., Public works, Design Division, Ste 604, 1819 Farnam Street, Omaha, NE 68183-0604,
(402)444-3819 as its contact person for this project, who shall provide a notice to proceed and such
other written authorizations as are necessary to commence for proceed with the project and various
aspects of it.
IV. COMPENSATION AND PAYMENT
A. The cost of services as specified in the Scope of Service,shall be performed on an hourly basis,
but in no event shall exceed$21,006.60. Detailed breakdown of costs shall be shown in Exhibit
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 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 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
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 documents by the City, regardless of whether such
reuse or modification is for use at the Project site or another site.
VI. ADDITIONAL SERVICES
In the event additional services for the aforementioned project not covered under this Agreement are
required, Provider agrees to provide such services at a mutually agreed upon cost.
VII. INSURANCE REQUIREMENTS
Provider shall carry professional liability insurance in the minimum amount of one half million
dollars and shall carry workers' compensation insurance in accordance with the statutory
requirements of the State of Nebraska.
VIII. INDEMNIFICATION
The Provider agrees,to the fullest extent permitted by law,to indemnify, defend and hold harmless
the City, its officers,directors and employees(collectively, City)against all damages, liabilities or
costs, including reasonable attorneys' fees and defense costs,to the extent caused by the Provider's
negligent performance of professional services under this Agreement and that of its subconsultants
or anyone for whom the Provider is legally liable. The City agrees,to the fullest extent permitted
by law,to indemnify and hold harmless the Provider, its officers, directors, employees and
subconsultants(collectively, Provider)against all damages, liabilities or costs, including reasonable
attorneys' fees and defense costs in connection with the Project,to the extent caused by the City's
negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City
nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the
other parry's own negligence.
IX. TERMINATION OF AGREEMENT
This Agreement may be terminated by the City upon written notice to the provider of such termination
and specifying the effective date at least seven(7)days prior to the effective date of such termination.
In the event of termination, the provider shall be entitled to just and equitable payment for services
rendered to the date of termination, and all finished or unfinished documents, data surveys, studies,
drawings, maps, models,reports or photographs shall become,at the City's option, its property.
X. GENERAL CONDITIONS
A. Non-discrimination. Provider shall not, in the performance of this Agreement,discriminate or
permit discrimination in violation of federal or state laws or local ordinances because of race,
color,sex,age,or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal
Code section 13-89, race, color, creed, religion, sex, marital status, sexual orientation, gender
identity, national origin, age, or disability.
B. Captions. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city
ordinances, resolutions, state laws, federal laws, and existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or
any officer or employee of the City shall have a financial interest,direct or indirect,in any City
Agreement. Any violation of this section with the knowledge of the person or corporation
contracting with the City shall render the Agreement voidable by the Mayor or Council.
E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict with the performance of services
required to be performed under this Agreement; he further covenants that in the performance
of this Agreement, no person having any such interest shall be employed.
F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease
or deed of any type. This is the complete and full agreement of the parties.
G. Modification. This Agreement contains the entire Agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly set
forth herein. No agent, employee or other representative of either party is empowered to alter
any of the terms hereof unless done in writing and signed by an authorized officer of the
respective parties.
H. Assignment. The Provider may not assign its rights under this Agreement without the express
prior written consent of the City.
Strict Compliance. All provisions of this Agreement and each and every document that shall
be attached shall be strictly complied with as written, and no substitution or change shall be
made except upon written direction from authorized representative.
J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The
Contractor is required and hereby agrees to use a federal immigration verification system to
determine the work eligibility status of new employees physically performing services within
the State of Nebraska. A federal immigration verification system means the electronic
verification of the work authorization program authorized by the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a,known as the E-Verify Program,
or an equivalent federal program designated by the United States Department of Homeland
Security or other federal agency authorized to verify the work eligibility status of a newly
hired employee.
If the Contractor is an individual or sole proprietorship,the following applies: 1. The
Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor
indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to
provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful
presence in the United States is required and the Contractor may be disqualified or the
contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat.
§4-108.
K. Debarment or suspension by any federal agency. (This section applies if any part of this
Agreement is funded by a federal agency.) Office of Management and Budget (OMB)
guidelines require that any individual or entity that has been placed on the Excluded Parties
List System ("EPLS" - available for review through www.sam.gov) may not be a participant
in a federal agency transaction that is a covered transaction or act as a principal of a person
participating in one of those covered transactions. These guidelines apply to covered
transactions under a grant from any federal agency for which a recipient expects to receive
reimbursement for expenditures incurred or an advance on future expenditures.
The Contractor providing goods and/or services to the City of Omaha certifies, by acceptance
and execution of this Agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency. Contractor further agrees,
by accepting and executing this Agreement,that it will include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the
Contractor or any lower tier participant is unable to certify this statement, it shall attach an
explanation to this Agreement.
L. Contract Compliance Ordinance No.35344,Section 10-192
Equal Employment Opportunity Clause
During the performance of this contract,the Contractor agrees as follows:
1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity,
national origin,age,or disability. The Contractor shall ensure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed,
religion, sex, marital status, sexual orientation, gender identity, national origin, age, or
disability. As used herein, the word "treated" shall mean and include, without limitation, the
following: recruited, whether by advertising or by other means; compensated; selected for
training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred;
laid off; and terminated. The Contractor agrees to and shall post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
2) The Contractor shall,in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, creed, religion, sex, marital status, sexual orientation, gender
identity,national origin,age,or disability.
3) The Contractor shall send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding a notice advising the labor
union or worker's representative of the Contractor's commitments under the Equal Employment
Opportunity Clause of the City and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4) The Contractor shall furnish to the human rights and relations director all Federal forms
containing the information and reports required by the Federal government for Federal
contracts under Federal rules and regulations, and including the information required by
Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records.
Records accessible to the human rights and relations director shall be those which are related
to Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the
Contractor. The purpose for this provision is to provide for investigation to ascertain
compliance with the program provided for herein.
5) The Contractor shall take such actions with respect to any subcontractor as the City may direct
as a means of enforcing the provisions of Paragraphs(1)through(7)herein, including penalties
and sanctions for noncompliance;however,in the event the Contractor becomes involved in or
is threatened with litigation as the result of such directions by the City,the City will enter into
such litigation as necessary to protect the interests of the City and to effectuate the provisions
of this division;and in the case of contracts receiving Federal assistance,the Contractor or the
City may request the United States to enter into such litigation to protect the interests of the
United States.
6) The Contractor shall file and shall cause his subcontractors, if any, to file compliance reports
with the Contractor in the same form and to the same extent as required by the Federal
government for Federal contracts under Federal rules and regulations. Such compliance reports
shall be filed with the human rights and relations director. Compliance reports filed at such
times as directed shall contain information as to the employment practices,policies,programs
and statistics of the Contractor and his subcontractors.
7) The Contractor shall include the provisions of Paragraphs(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.
EXECUTED this 4Tl11 day of Xi(� ��j , (216 .
H V ,Q socia„le,S the
Provider
By
ATTE
�YeJfie
(Title)
EXECUTED this e0-14day of Si ,.20/j.
ATTES CITY OF MAHA,A unicipalip Corporationrp
By )(IAA_ l --r
erk Mayor
APPROVED AS TO FORM:
da-12- (7 ,1146
Deputy City Attorney
Revised: 12/2012
hgm
ASSOCIATES I N C .
EXHIBIT `B'
July 20, 2016
Adam Wilmes
City of Omaha—Public Works
Design Division
1819 Farnam Street, Suite 604
Omaha, Nebraska 68183-0604
Subject: Raven Oaks Drainageway Repair
HGM Proposal No. 000716-176
Dear Mr. Wilmes:
On behalf of HGM ASSOCIATES INC. (HGM) we are pleased to submit this letter form agreement
for Surveying, Engineering and Geotechnical services for the referenced project. This agreement
consists of this letter, the attached Scope of Services labeled as Exhibit A.
HGM will provide Basic Services including Surveying and Final Design Documents. These services
are more specifically defined in the attached Scope of Services, Exhibit A. We will also provide
Additional Services upon your request and receipt of your written authorization.
HGM will provide these Basic Services for a lump sum amount of$21,006.60. Additional Services
will be charged on an hourly basis in accordance with our standard hourly rate schedule.
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 SOUTH 114th STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224
City of Omaha - Public Works
July 20,2016
Page 2 of 2
We anticipate that we will be able to begin work on this project within 14-calendar days of receiving
your authorization to proceed in the form of your acceptance of this agreement. We estimate that all
work can then be completed within 45-calendar days after the receipt of the geotechnical
recommendations. If at any time we are delayed in the performance of these services, we will notify
you immediately. 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
Stephen W. Moffitt, PE John F. Krager III, PE
Vice - President Project Manager
Acceptance of Proposal:
City of Omaha—Public Works
ATTEST:
Authorized Signature �tel
Jean Stothert, Mayor
Printed Name & Title Ster $r , City Clerk
August 25, 2016
Date of Acceptance
5022 SOUTH 114"'STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224
SCOPE OF SERVICES EXHIBIT A
This is an exhibit attached to and made part of the letter agreement dated July 19,2016 between: CITY
OF OMAHA—PUBLIC WORKS DESIGN DIVISION (CLIENT) and HGM ASSOCIATES INC.
(CONSULTANT).
Project Description:
The project is located in Raven Oaks subdivision at Willit Street and N. 52nd Avenue. The purpose of
the project is to provide to the CLIENT a final construction plan and specification for the repair and
stabilization of the existing drainageway and redesign of the existing storm sewer system.
The Basic Services to be provided by the CONSULTANT under this agreement are further described
as follows:
1. TOPOGRAPHIC SURVEY
a. Provide Horizontal and Vertical Control
b. Site Survey using 3D Scanner
c. Utility Locate using One Call Locate Service
d. Plot topography.
2. DESIGN SERVICES
a. Evaluate the following storm events:
i. 10-year(10%Return Frequency)
ii. 100-year(I% Return Frequency).
b. Complete final plans to include:
i. Cover sheet
ii. General Notes/Quantities/Specifications (specification shall be a part of the plan)
iii. Site Plan
iv. Grading Plans
v. Grading Details
vi. Storm Sewer Plan and Profiles
vii. Storm Details
viii. Storm Water Pollution Prevention Plan(SWPPP).
c. Prepare opinion of cost for project.
d. Complete internal quality control review of final plans.
e. Submit all plans and copies of computations to the City for review and approval.
CLIENT'S RESPONSIBILITIES:
In order for the CONSULTANT to perform these services, the CLIENT agrees to furnish the following
information:
1. Provide right-of access from property owners.
2. Provide a copy of the US Corps of Engineers 404 Permit.
3. Provide a copy of existing deigns plans and computations for storm sewer.
Rev 130722
5022 SOUTH 114th STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224
EXHIBIT 'C'
FEE BREAKDOWN -HOURLY SCHEDULE Date: 7/12/2016
HGM ASSOCIATES, INC. Revise Date: 7/20/2016
Client: City of Omaha-PW
Contact: Adam Wilmes, PE
Project name: Raven Oaks Drainageway Repairs
Project Address: Raven Oaks Willit St and N. 52nd Ave
City, State: Omaha, NE
SALARY EXPENSES
Classification Manhours Rate Cost
Project Manager 20 X $180.57 $ 3,611.40
Design Engineer 50 X $104.40 $ 5,220.00
Engineering Technician 67 X $102.60 $ 6,874.20
Licensed Surveyor 3 X $174.00 $ 522.00
Survey Crew 27 X $177.00 $ 4,779.00
Subtotal Salary Expenses $ 21,006.60
NON-SALARY EXPENSES
$ -
Subtotal Non-Salary Expenses $ -
TOTAL PROPOSAL COST $ 2 ,006.60
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, professional services are needed in association with the Raven Oaks-project,
located at Willit Street and North 52°d Avenue; and,
a..
WHEREAS, HGM Associates, Incorporated was selected by the engines and architects
selection process and has agreed to perform the professional engineering services listed in the
attached agreement, which by this reference is made a part hereof, for a fee not to exceed
$21,006.60; and,
WHEREAS, the fees for these services will be paid from the 2014 Environment Bond
Fund 13124, Environmental Bonds Organization 117217, year 2016 expenditure.
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, Incorporated, for professional services associated with the Raven Oaks project,
located at Willit Street and North 52" Avenue, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay HGM Associates, Incorporated a fee
not to exceed $21,006.60 for these professional services from the 2014 Environment Bond Fund
13124, Environmental Bonds Organization 117217, year 2016 expenditure.
1479hra APPROVED AS TO FORM:
✓'CITY ATTORNEY DATE
By Art, 4,1...
Councilmember
Adopted G..2..3..2 .6.' -62
City Clerk yi/2 v‘
Approve ..d�.
Mayor
NO.
Resolution by
Res,that, as recommended by the Mayor, the
Professional Services Agreement with HGM
Associates, Incorporated, for professional 4
services associated with the Raven Oaks
project, located at Willit Street and North 52nd
Avenue, is hereby approved; and that, the
Finance Department is authorized to pay
HGM Associates, Incorporated a fee not to
exceed $21,006.60 for these professional
services from the 2014 Environment Bond
Fund 13124. Environmental Bonds
Organization 117217, year 2016 expenditure.
147913nra
Presented to City Council
AUC232016
Adopted '
ettsfet' tvn
City Clerk