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RES 2016-0974 - Agmt with HGM Associates Inc for OPW 52965-SP, Dodge St at Elmwood Park pedestrian bridge rehabilitation a D,vIAHA,NFB ��� A� /'/'�''� �` L. i ,` V ( Public Works Department 474,154Omaha/Douglas Civic Center z f � �^ July 12, 2016 � JUL1819 Famam Street,Suite 601 �.d 1 m. ` y 1�(j ¢'�; Omaha,Nebraska 68183-0601 Rqr !tg (402)444-5220 PE)FEBR �. Fax(402)444-5248 City of Omaha '11`1 i ' r . r1'1 Robert G. Stubbe, P.E. Jean Stothert,Mayor . 4 r ,i 4 S K r 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 perform engineering services for OPW 52965-SP, being Dodge Street at Elmwood Park Pedestrian Bridge Rehabilitation project. HGM Associates. Inc. has agreed to perform the services detailed in Exhibit "B" of the attached Professional Services Agreement for a fee not to exceed $37,660.00, which is to be paid from the 2010 Transportation Bond Fund 13183, Transportation Bonds Organization 117117. HGM Associates, Inc. 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 Professional Services Agreement. Respectfully submitted, Approved: Ro ert G. Stubbe, .E. Date pe cer K. Danner, Jr. Date Public Works Director Human Rights and Relat' ns Director Approved as to Funding: Referred to City Council for Consideration: Step en B. Curtiss______- /":1' (14. Date Mayor's Office - - Date Finance Director -5;9 963bd PROFESSIONAL SERVICES AGREEIyIENT THIS AGREEMENT is hereby made and entered into this /yam day of , 2016, by and between the City of Omaha, a municipal corporation located in Douglas County, ebraska (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 OPW 52965-SP-Dodge Street at Elmwood Park Pedestrian Bridge Rehabilitation 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 two hundred ten(210)day period after receipt of a purchase order from the City. B. Provider designates Stephen W. Moffitt, P.E. whose business address and phone number is HGM Associates Inc., 5022 S 114th Street, Suite 200, Omaha NE 68137-2329, (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 two hundred ten (210) 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 John C. Taylor, P.E. whose business address and phone number are Omaha Public Works Construction Division, 5225 Dayton Street, Omaha NE 68117,(402) 660-8443 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 $37,660.00. Detailed breakdown of costs shall be shown in Exhibit"C". B. Reimbursable expenses shall be billed to the City by the Provider. C. INCREASE OF FEES The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent, if the original fee is one hundred fifty thousand dollars($150,000) or more, or(b)by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the city council. The provisions of this section will be quoted in all future city contracts. Nothing in this section is intended to alter the authority of the mayor under section 5.16 of the Charter to approve immediate purchases. V. OWNERSHIP OF INSTRUMENTS OF SERVICE The City acknowledges the Provider's 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 party's own negligence. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89, 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. 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. 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. Exhibit C Consultant Fee Proposal for the Pedestrian Bridge over Dodge Street at Elmwood Park-Paint& Routine Maintenance Omaha,Nebraska Prepared by HGMAssociates Inc. May 25, 2016 HOURS BY CLASSIFICATION DESCRIPTION.OF WORK ITEMS AND TASKS PM Sen.Eng. Traf.Eng. Des.Eng. Tech. TOTAL Project Management(5%) 14 - - - - 14 Anticipated Project Sheets Cover Sheet/Index - 2 - 1 2 5 Quantities,General Notes - 4 - 8 2 14 General Plan and Elevation - 4 - 4 8 16 General Maintenance Details - 8 - 4 8 20 Abutment Maintenance Details - 16 - 4 8 28 Pier Maintenance Details - 4 - 4 4 12 Deck Recoat Details - 4 - 4 8 16 Joint Maintenance Details - 8 - 4 8 20 Traffic Control Plan - 2 40 - 16 58 Quality Control Drawing Review 8 2 - - 4 14 Construction Phase Public Information Meeting 16 30 16 - 30 92 Shop Drawing Review - 2 - - - 2 Subtotal M.H. 38 86 56 33 98 311 Base Rate: $ 57.21 $ 43.41 $ 34.80 $ 33.65 $ 31.50 Billing Rate: $ 171.63 $ 130.23 $ 104.40 $ 100.95 $ 94.50 Proposed Fee: $ 6,521.94 $ 11,199.78 $ 5,846.40 $ 3,331.35 $ 9,261.00 $ 36,160 EXECUTED this 84 day of SUw)E , 2o(6 . 1-I6 -1 i s .,A, s Provider CQ1k ► BY ATTEST Vic, SiG=-�.�T' (Title) EXECUTED this //— day of Ci•i/ , �p/G y • ATTEST CITY OF OMAHA,A Municipal Corporation r, -yid,4 V4 "b(OVL 0+ City Clerk Mayor APPROVED AS TO FORM: je..24// -4e1 ia CG Deputy City Attorney Revised: 12/2012 g h Ill ASSOCIATES INC . May 25, 2016 Mr,Join Christopher Taylor,P.E. City of Omaha 5225 Dayton Street Omaha,NE 68117 Subject: Pedestrian Bridge—Dodge Street at Elmwood Park—Paint&Routine Maintenance HOM Proposal No. 000716-100 Dear Chris: On behalf of HGM ASSOCIATES INC. ( iGivI) we are pleased to submit this letter form agreement for engineering services for the referenced project. This agreement consists of this letter,the attached Scope of Services labeled as Exhibit A, the attached General Provisions labeled as Exhibit B and the attached Fee Proposal labeled as Exhibit C. HOM will provide Basic Services including final bridge painting and routine maintenance plans and public information meeting coordination.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. 1-10M will provide these Basic Services on an hourly basis with our total estimated cost to be$36,160. The estimated cost is shown in detail on the attached Fee Proposal,Exhibit C. Additional Services will be charged on an hourly basis in accordance with our standard hourly rate schedule. Reimbursable expenses and the use of outside services will be charge on the basis of actual cost and are estimated to be$1,500 in addition to the cost for Basic Services defined above. Total contract maximum for design services thru letting is approximately$37,660. 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 to1-101v1 within 30 days of the invoice date. A service charge of one and one-half percent per month will be added to any amounts outstanding after 30 days. 640 FIFTH AVENUE,COUNCIL BLUFFS,IOWA 51501-6421,(712)323-0530,FAX(712)323-077) 5922 SOUTH 1 le STREET,SUITE 200,OMAHA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224 Mr.John Christopher Taylor,P.E. lMy 25,2016 Page 2 of 2 We anticipate that we will be able to begin work on this project immediately upon receiving your authorization to proceed in the form of your acceptance of this agreement. We estimate that all work can then be completed in accordance with the scheduled described in Fxhibit A. 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 I-16M 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, 11GM ASSOCIATES INC. -CONSULTANT Stephen W. Moffitt, P.E. Structural Project Manager Acceptance of Proposal: CITY OF°MAFIA-CLIENT Audi zed Signature dakoi cutosioRek srtzuovei rANA6ric Printed Name&Title 05 .25 2o1 " Date of Acceptance 640 FIFTI1 AVENUE,COUNCIL BLUFFS,IOWA 51501-6427,(712)323-0530,FAX(712)323-0-779 5022 SOUTR 11416 STIME r,SUITE 200,0MM-lA NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224 SCOPE OF SERVICES EXHIBIT A Page 1 of 1 This is an exhibit attached to and made part of the letter agreement dated May 25,2016 between: CITY OF OMAHA(CLIENT)and HGM ASSOCIATES INC.(CONSULTANT). Project Description: Pedestrian Bridge—Dodge Street at Elmwood Park—Paint&Routine Maintenance HGM Proposal No.000716-100 The Basic Services to be provided by the CONSULTANT under this agreement are further described as follows: 1) Provide design and detailing necessary to prepare a plan set and technical specifications for a local letting to paint and perform routine maintenance on the pedestrian bridge for the City of Omaha Public Works Department. a. Repaint all steel structure elements i, Properly remove existing paint with proper abatement techniques for lead based paint, ii, Sand blast as needed to remove all surface rust and properly prepare all elements prior to new paint. b. Routine Maintenance i. Add weep holes in pier columns and box beams. Recoat deck wearing surface, in. Replace expansion joints and other deteriorated elements as needed prior to painting. c. Provide Traffic Control Plans i. A traffic control.plan will be developed that will provide at least one lane of traffic in each direction at all times during construction. ci. Prepare plans without survey. i. No topographic survey will be performed. Plan will utilize an aerial photo background as needed. Measurements will be based on as-built plans or field measurements as necessary. 2) Provide project oversite and coordination for a public information meeting. Meeting will inform the public of the needed maintenance items,estimated construction timeframe and expected traffic control needed for the project. 3) Estimated Schedule a. Final Plan Development—Complete by 09/23/16 b. Public Information Meeting—Around 10/28/16 c. Project Letting—December 2016 CLIENT'S RESPONSIBILITIES: In order for the CONSULTANT to perform these services, the CLIENT agrees to furnish the following information; 1) Bridge As-Builts 640 FIFTH AVENUE,COUNCIL BLUFFS,IOWA 51501-6427,(712)323-0530,FAX(712)323-0779 5022 SOUTH 114STREET,Sun E 200,OMAHA.NEBRASKA 68137-2329,(402)346-7559,FAX(402)346-0224 GENERAL PROVISIONS EXHIBIT B Page I of 2 This is an exhibit attached to and made part of the letter agreement dated May 25, 2016 between: CITY OF OMAHA (CLIENT)and nem ASSOCIATES INC. (CONSULTANT). The General Provisions agreed to by CONSULTANT and CLIENT are as follows: Ownership of Instruments of Service:All tenons,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 perfect of ten(10)years,during which period they will be made available to the CLIENT atoll reasonebte times. CONSULTANT will provide CLIENT with a paper copy of the plans,the specifications,and laboratory test reports for information and reference in connection with the project;however,such documents are not intended or represented to he suitable for reuse by CLIENT or others, Any such reuse will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT or CONSULTANTS subconsultants. CADIVEleettertie Files: In accepting,and utilizing any drawings,reports anti data on any form of electronic media generated by the CONSULTANT,the CLIENT agrees that all such electronic files are instruments of service. The CLIENT agrees to waive all claims against the CONSULTANT resulting in any way from any unauthorized changes to,or reuse of,the electronic files for any projects by anyone other than the CONSULTANT. In the event of a conflict between printed hard copy documents signed and sealed by the CONSULTANT and electronic files,the hard copy documents shall govern. Termination or Suspension: If the CLIENT fails to make payments to the CONSULTANT in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the CONSULTANT'S option,cause for suspension of performance of services under this Agreement.If the CONSULTANT elects to suspend services,the CONSULTANT shall give seven days'written notice to the CLIENT before suspending services.hi the event of.a suspension of services,the CONSULTANT shall have no liability to the CLIENT far delay or damage caused the CLIENT because of such suspension of services.Before resuming services,the CONSULTANT shall be paid all sums due prior to suspension and any expenses inclined in the interruption and resumption of the CONSULTANT'S services.The CONSULTANT'S fees for the remaining services and the time schedules shall be equitably adjusted. If the CLIENT suspends the Project,the CONSULTANT shall be compensated for services performed prior to notice of such suspension. When the Project is man rued,the CONSULTANT shall be compensated for expenses incurred in the interruption and resumption of the CONSULTANT'S services.The CONSULTANT'S fees for the remaining services and the time schedules shall be equitably adjusted. Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the terminatioe. In the event of termination not the fault of the CONSULTANT,the CONSULTANT shall be compensated for services performed prior to tennination,together with Reimbursable Expenses then due and all Termination Expenses indicated in the next paragraph. Termination Expenses are in addition to compensation for the CONSULTANT'S services and include expenses directly attributable to tennination for which the CONSULTANT is not otherwise compensated. The CLIENT'S rights to use the CONSULTANT'S Instruments of Service in the event of a termination of this Agreement are set forth in the Ownership of Instmtnents of Serviee clause above. If the CLIENT requests copies of the CONSULTANT'S Instniments of Service, the cost of the preparation of those copies shall be considered as a Termination Expense. 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 far, and CONSULTANT may rely upon, the accuracy and completeness of all requirements,programs,instructions,reports,data and other information furnished by CLIENT to CONSULTANT Pursuant to this Agreement. CONSULTANT may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. Information Furnished by Utility Companies:, The utility locations shown on the CONSULTANT'S instruments of service are from locates or drawings provided to the CONSULTANT by the utility companies.'flic CONSULTANT makes no guarantee that the utilities shown on the CONSULTANT'S instruments of service comprise all such utilities in the area, either in service or abandoned. The CONSULTANT further does not warrant that the utilities shown on the instruments of service are in the exact location indicated. Successors and Assigns: Both parties agree that, upon execution of this agreement, same shall be binding upon their/its successors, assigns,and legal representatives until terminated by the expiration ofagreernent or termination by written notice,as provided above. Limitation of Liability: The CLIENT agrees that to the fullest extent permitted by law, the total liability, in the aggregate, of CONSULTANT,CONSULTANT'S officers,directors,Partners,employees,agents,and subconsultants,to CLIENT,and anyone claiming by,through,or under CLIENT for any claims,losses,costs,or damages whatsoever arising out of,resulting from or in any way related to this Project or Agreement from any cause or causes,including but not limited to torts,negligence,professional errors or omissions,strict liability, breach of contract,or breach of warranty, shall not exceed the total compensation received by CONSULTANT or$100,000 whichever is greater. 640 FIFTH AVENUE,COUNCIL BLUFFS,IOWA 51501-6427,(712)323-0530,FAX(712)S23-07/9 5022 SOUTH 114th STREET,SUITE 200,OMAHA NEBRASKA 68137-23/9,(402)346-7559,FAX(402)346-0224 GENERAL PROVISIONS EXHIBIT B Page 2 of 2 waiver of conseauenttal Damages:Notwithstanding anything in this Agreement to the Contrary,it is agreed that CONSULTANT shall not liable in any event for any special or consequential damages suffered by the CLIENT arising out of the services hereunder.Special or consequential damages as used herein shall.include,but not limited to,loss of capital,loss of product,loss of use of any system,.or other property,or any other indirect,special or consequential damage,whether arising in contract,tort(including negligence),warranty or strict liability. Opinion of Probable Construction:Coat: Opinions of probable eonstnrction 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 deteerminittg,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 ot'.the work will not vary from the CONSULTANT's opinion of probable construction cost. Construction Phase Services:(If included under the scope of this Agreement)The CONSULTANT shall provide administration of the Contract between the CLIENT and the Contractor as set forth below and in General Conditions of the Contract for Construction. The. CONSULTANT's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the CONSULTANT issues the Statement of Final Completion. The CONSULTANT shall advise and consult with the CLIENT during the Construction Phase Services.The CONSULTANT shall have authority to act on behalf of the CLIENT only to the extent provided in this Agreement or the General Conditions of the Contract for Construction.The CONSULTANT shall not have control over,charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,.or for safety precautions and programs in connection with the Work,nor shalt the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The CONSULTANT shall be responsible for the CONSULTANT's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Contractor or of other persons or entities performing portions of the Work. The CONSULTANT shall visit the site at intervals appropriate to the stage of construction to becomegenerally familiar with the progress and quality of the portion ot'the Work completed,and to determine,in general, if the Work observed is being performed in a manner indicating that the Work, when #oily completed, will be in substantial compliance with the Contract Documents. However, the CONSULTANT shall not be required tormake exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits,the CONSULTANT shall keep the CLIENT reasonably informed about the progress and quality of the portion of the Work completed,and report to the CLIENT(i)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in the Work. Jabsite 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 bennamedasan:additional insured on the General Contractor's policies of general liability insurance: Construction Staking: That the Fees the CONSULTAN receives for the task of construction staking are not commensurate with the potential risk. CLIENT„therefore,agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. ;CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the CONSULTANT'S compensation received for the particular service,or$5,000.00, whichever is greater. HazardousMaterials: 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 suck materials maybe 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, notwithstand gs,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)front and against any and all claims, suits;demands, liabilities,losses,damages or costs,including reasonable attorneys' fees and defense costs arising omit 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 atises under breach ofcontract or warranty,tort,including negligence,strict liability or statutory liability or any other cause of action,except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. rev 130722. 640 Firm AVENUE,COUNCIL BLUFFS,IOWVA 51501-6427,(712)323-0530,FAX(712)323-0779 5022 SOUTH 114t°STREET,SUIT.200,031AI-1A NEBIRASKA 68137-2329,(402)346-7559,FAX(402)346-0224 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, professional services are needed to perform engineering services for OPW 52965-SP, being Dodge Street at Elmwood Park Pedestrian Bridge Rehabilitation project, and, WHEREAS, HGM Associates, Inc. was selected by the Architects and Engineers Selection Process and has agreed to provide services including design services, project oversite, and additional scopes of services for the project as listed in the attached Professional Services Agreement, which by this reference is made a part hereof; and, WHEREAS, HGM Associates, Inc. has agreed to perform the services for a fee not to exceed $37660.00, which is to be paid from the 2010 Transportation Bond Fund 13183, Transportation Bonds Organization 117117. 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. to perform engineering services for OPW 52965-SP, being Dodge Street at Elmwood Park Pedestrian Bridge Rehabilitation project, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee for these services not to exceed $37,660.00, which is to be paid from the 2010 Transportation.Bond Fund 13183, Transportation Bonds Organization 117117. 962bd APPROVED AS TO FORM: Zi, ' .// -A 6:414- ,ELcITY ATTORNEY DATE B ... iikAl 1 jillel. Councilmember Adopted JUL 1 2 2016, 7-0 (4),/,,h (I -... k / Approved -fle ti 7/N4 Mayor lam- NO. Resolution by Res. that, as recommended by the Mayor, the Professional Services Agreement with HGM Associates, Inc. to perform engineering services for OPW 52965-SP, being Dodge Street at Elmwood Park Pedestrian Bridge Rehabilitation project, is hereby approved; and that. the Finance Department is authorized to pay a fee for these services not to exceed $37,660.00, which is to be paid from the 2010 Transportation Bond Fund 13183. Transportation Bonds Organization 117117. 962Abd Presented to City Council JUL 122016 Adopted L?t Lter gown City Clerk