RES 2016-0974 - Agmt with HGM Associates Inc for OPW 52965-SP, Dodge St at Elmwood Park pedestrian bridge rehabilitation a
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��� A� /'/'�''� �` L. i ,` V ( Public Works Department
474,154Omaha/Douglas Civic Center
z f � �^ July 12, 2016 � JUL1819 Famam Street,Suite 601
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` y 1�(j ¢'�; Omaha,Nebraska 68183-0601
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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
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► BY
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(Title)
EXECUTED this //—
day of Ci•i/ , �p/G
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ATTEST CITY OF OMAHA,A Municipal Corporation
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0+ City Clerk Mayor
APPROVED AS TO FORM:
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Deputy City Attorney
Revised: 12/2012
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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