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RES 2014-1109 - Agmt with HDR Engineering Inc for recertification of Omaha levee, OPW 52534 OMAHA,4'6 U- , RECEIVED Public Works Department }!r_ , y, Omaha/Douglas Civic Center F.AcA¢rAj I ' n 1819 Farnam Street,Suite 601 �`t4 �� September 9, 2014 "®. .r� f,;. p niti AUG 22 PM 4. 4 Omaha,Nebraska 68183-0601 N. (402)444-5220 A a` Fax(402)444-5248 R1rED FEB4UA CITY CLERK Robert G. Stubbe,P.E. City of Omaha Ma 0MARA. NEBRASKt Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with HDR Engineering, Inc. to provide professional engineering services for Project OPW 52534, being the Omaha Levee Re-certification project. This project is undertaken as a part of the 2014-2019 Capital Improvement Program Environment Project No.102. After the inundation sustained during the 2011 Missouri River Flood, the Federal Emergency Management Agency has required the City to re-certify its levee system along the Missouri River. The scope of services for the first phase of this effort is included in the Agreement, and includes data collection and evaluation of the levee against new standards promulgated after Hurricane Katrina. HDR Engineering, Inc. has agreed to perform the services detailed in the attached Agreement for a fee not to exceed $1,228,743.00, which is payable from the 2010 Environmental Fund 13122, Environmental Bonds Organization 117217. HDR Engineering, 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 Agreement. Respectfully submitted, Referred to City Council for Consideration: .---) I ce-/.5)-ig (1-6.1/4 -t+xj_ . S.)20// Robert G. Stubbe, P.E. Date Mayor's Office Date Cf Public Works Director Approved as to Funding: Approved: StepheIf 12' / � B. Curtiss ate Human Rights and Relations ate' Finance Director Department 1852htp PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 6� day of , 2014, by and between the City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the "City"), and HDR Engineering, 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,52a.34 City of Omaha Levee Certification, Phase I 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 210 day period after receipt of a purchase order from the City. B. Provider designates John Engel whose business address and phone number is 8404 Indian Hills Drive, Omaha, NE 68114, 402-926-7110 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 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 Jake Hansen whose business address and phone number are 15705 Harlan.Lewis Road, Omaha, NE 68123, 402-444-3922 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 $1,228,743. 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 construction documents, including electronic files,as instruments of professional service.Nevertheless,upon completion of the services and payment in full of all monies due to the Provider,the final construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the prior written authorization of the Provider. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider, its officers,directors, employees and subconsultants(collectively,Provider)against any damages, liabilities or costs, including reasonable attorneys'fees and defense costs, arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the City,regardless of whether such reuse or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required,Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. 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,political or religious opinions,affiliations or national origin. B. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement,no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. 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. 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, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation,gender identity, or national origin. 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,religion,color, sex, sexual orientation,gender identity, or national origin,age,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 3( day of `^1 , 2014 . Provider -.4910'Ler-c) By 9114,4tog ATTEST �r. Vrta. i�cs ;d - (Title)EXECUTED this ��1 day of h4,_. , 2014 ATTE CITY OF OMAHA,A unicipal Corporation By�,C _ L ity Clerk Mayor APPROVED AS TO FORM: r7/1,61 Depu ity Attorney Revised: 12/2012 EXHIBIT B SCOPE OF SERVICES PART 1.0 PROJECT DESCRIPTION The purpose of this Project is to produce a levee certification document in conformance with Code of Federal Regulations, Title 44, Section 65.10 (44CFR65.10). The certification document will be submitted to the Federal Emergency Management Agency (FEMA) for the CITY's federal levee system. The Project has been split into four phases as follows: I. Data Collection and Evaluation (Covered under this SCOPE OF SERVICES) II. Alternatives Analysis (Future phase) III. Design, Permitting, and Construction of Levee System Improvements (Future phase) IV. Levee Certification Document Preparation and Submittal (Future phase) 1.1 Project Background The CITY is provided flood risk reduction by the Omaha Levee located along the right bank of the Missouri River. The approximate 13.2-mile long levee and floodwall begins on the south side of the Minne Lusa ditch and ends at high ground adjacent to the Missouri River Wastewater Treatment Plant (WWTP). This levee provides flood risk reduction for downtown Omaha, including Eppley Airfield, against flooding from the Missouri River. The levee is shown on the Flood Insurance Rate Map (FIRM) as providing flood risk reduction for the 1% annual chance (100-year)flood event. The US Army Corps of Engineers(USAGE) originally completed the construction on the levee in 1951 prior to the completion of the Missouri River Mainstem Dam System. Levees are accredited by FEMA for providing flood risk reduction for the base flood as defined in 44CFR65.10. Information and analyses that address each of the items in 44CFR65.10 are required by FEMA in order to recognize, on National Flood Insurance Program (NFIP) maps, that a flood protection system provides risk reduction from the 100-year flood (a flood that has a 1-percent chance of being equaled or exceeded in any given year). The CITY participates in the NFIP. In order to maintain flood risk reduction status through FEMA for the area adjacent to the levee, levee certification is necessary. By federal regulations, this information must be supplied by the participating community to FEMA in order for FEMA to recognize that the flood protection system meets, and continues to meet, minimum criteria and provides flood risk reduction that would show the appropriate risk zone determinations shown on the published • NFIP FIRM maps. Certification requirements have been outlined in FEMA Procedural Memorandum 34—Interim guidance for Studies Including Levees Certification Procedures and Plan, dated August 22, 2005 (PM 34). City of Omaha 1 Missouri River Levee Certification Scope of Services July 24,2014 In addition, the CITY participates in the USACE Public Law 84-99 (PL 84-99) program, in which federal assistance is available for flood damages. Although the NFIP and PL 84-99 programs are different, there are requirements of each that will need to be satisfied. Certification of the flood protection system (particularly in regard to the design criteria) consists of a statement from a registered professional engineer that the flood risk reduction system elements are designed, constructed, and maintained in accordance with sound engineering practices. It is important to note that, per FEMA regulations, certification does not constitute a warranty or guarantee of performance, expressed or implied. Largely in response to the flood protection system failures seen during Hurricane Katrina, new standards have been developed for levee and floodwall integrity in regard to embankment stability, underseepage concerns, and structure erosion protection. Consequently, the levee and floodwall systems for a flood protection system considered for recertification must be re- analyzed against these new standards. This requires adequate geotechnical information and levee (or floodwall) cross sectional information to complete the analysis against the new, post- Hurricane Katrina criteria. The other required analyses will be completed using the latest USAGE guidance, as applicable. If this information is not currently available, then it must be collected through field and laboratory work in order to satisfy the information requirements and complete a certification package. If any deficiencies in the flood protection system are identified, then they must also be corrected and the correction documented in order to certify the flood protection system. PART 2.0 SCOPE OF SERVICES An outline for the SCOPE OF SERVICES for Phase I: Data Collection and Evaluation is provided below: TASK SERIES 100—PROJECT MANAGEMENT, MANAGE SUBCONSULTANTS, AND COORDINATION 110— Project Management 120—City Coordination/Meetings 130—Agency Coordination TASK SERIES 200—DATA COLLECTION AND EVALUATION CRITERIA 210— Initial Site Visit 220—Collect and Review Available Data 230— Establish Design Criteria 240—Subsurface Investigation and Laboratory Testing. 250—Topographic Survey 260— Floodwall Sheet Pile Testing City of Omaha 2 Missouri River Levee Certification Scope of Services July 24,2014 TASK SERIES 300—LEVEE SYSTEM EVALUATION 310— Design Level Site Visits 320—Levee System Evaluation TASK SERIES 400—LEVEE EVALUATION REPORT 410— Levee Evaluation Report TASK SERIES 500—RELIEF WELL DESIGN AND PERMITTING 510—60% Design 520—90% Design 530—Permitting 540— Prepare Bidding Documents 550— Bid-Phase Services TASK SERIES 600—ADDITIONAL SERVICES 610—Additional City Coordination Meetings 620—Additional USACE Meetings 630—Additional Site Visits 640—Additional Permitting Services 650—Additional Bid-Phase Services The following scope defines the work elements associated with Phase I of the Missouri River Levee Certification Project. TASK SERIES 100—PROJECT MANAGEMENT AND COORDINATION Objective: Provide management activities over the Project duration including planning, organizing, and monitoring Project Team activities, preparing and monitoring design criteria, attending meetings, coordinating with the CITY and agencies, managing subconsultants, and Project cost control. HDR Activities: 110— Project Management • Internal project initiation • Develop safety plan • Project management • Budget and invoice management • Schedule monitoring and update for Project development • Set Project communication and coordination standards • Manage QC and Independent Technical Review (ITR) processes for Project evaluations and deliverables 120—CITY Coordination/Meetings • Prepare for and conduct kick-off meeting with CITY and Papio- Missouri River Natural Resources District(P-MRNRD) City of Omaha 3 Missouri River Levee Certification Scope of Services July 24,2014 • Prepare for and conduct seven (7)coordination meetings with the CITY • Prepare meeting notes and distribute to meeting attendees 130—Agency Coordination • Prepare for and conduct two (2) conference calls with FEMA Region VII staff and Region 7 Mapping Contractor(if appropriate)to confirm design criteria • Prepare for and conduct four(4) meetings with USACE and the CITY to confirm USACE engineering guidance to be utilized in data evaluation, discuss results of evaluation, discuss relief well design, and discuss the Minor 408 for the relief well repair and rehabilitation • Prepare meeting notes and distribute to meeting attendees Meetings!Travel: -One kick-off meeting -Seven CITY coordination meetings -Two conference calls with FEMA Region VII and Regional Mapping Contractor -Four meetings with USACE Omaha District -Local Travel to Meetings Task Deliverables: -Monthly invoicing -Meeting notes Key Understandings and Assumptions: -Kick-off meeting, CITY coordination meetings and FEMA coordination conference call will be conducted at the CITY offices. Meetings with the USACE will be conducted at USACE offices. -HDR will prepare the meeting agenda and notes. Notes will be typed up and sent to CITY designated staff for review prior to distribution. -HDR will prepare subconsultant agreements with Thiele Geotech, Inc. (Thiele), Geotechnology, Inc., Lamp Rynearson and Associates, Inc. (LRA), and Central States Inspection Services, Inc. (CSIS). -Equipment to be operated as part of the site visits will be operated by CITY designated staff. Information and Services Provided by Others: -CITY will provide timely, organized comments on task deliverables. City of Omaha 4 Missouri River Levee Certification Scope of Services July 24,2014 TASK SERIES 200—DATA COLLECTION AND EVALUATION CRITERIA Objective: Collect additional data for detailed evaluation purposes. HDR Activities: Task 210—Initial Site Visit • Conduct initial site visit with CITY personnel to confirm and document existing conditions • Prepare a technical memorandum (TM) and photo log documenting the initial site visit. Task 220—Collect and Review Available Data • Interview CITY engineering and operations staff regarding levee operations and documentation, levee maintenance activities, and responsible parties for each. • Coordinate with the CITY, and review past projects to collect available data showing the existing levee system and its components. Data requests to the USACE or Eppley Airfield will be sent through the CITY. • HDR has a collection of information on the levee system organized in a data catalog. Develop a robust GIS database that additional data can easily be added. Add additional data collected to the database. • Prepare a subsurface profile along the levee alignment. • Develop a base map depicting river mile, levee and floodwall centerline, levee and floodwall station, and ancilliary levee features. Resolve station breaks and levee centerline through the high ground area between the northern terminus of the floodwall and the levee section north of Gallup. • Prepare a data gap analysis to evaluate the available data for completeness and uniformity across the levee system. • HDR will confirm and prepare the draft boring location and laboratory testing plans in accordance with USACE requirements, as indicated in Task 240. Task 230— Establish Design Criteria and Methodology • HDR will establish the relevant design criteria to be utilized by the Project Team as part of the certification process. The design criteria • established during this phase of work will meet the minimum required by FEMA and USAGE and will be utilized in subsequent tasks throughout the certification process. The design criteria established during this phase of work shall include the following: City of Omaha 5 Missouri River Levee Certification Scope of Services July 24,2014 1. Freeboard (44CFR65.10(b)(1)) a. Base Flood Elevations based on current Missouri River regulatory model. b. Required freeboard along levee, 100 feet upstream of bridges, and at tie-backs 2. Closure Structures (44CFR65.10(b)(2)) a. Structures/systems along the levee system that are required to be closure structures b. Structural integrity and water-tight closure c. Allowable closure structure components d. Reviewed against guidelines contained in USACE EM 1110-2- 1913 (Design and Construction of Levees), USACE EM 1110- 2-2705 (Structural Design of Closure Structures for Local Flood Protection Projects), and USACE EM 1110-2-2902 (Conduits, Culverts and Pipes). 3. EmbankmentiFloodwall Protection (44CFR65.10(b)(3)) a. Missouri River velocities(from the effective Missouri River regulatory model) b. Missouri River wind and wave action c. Missouri River ice loading d. Missouri River debris loading and impact e. Slope protection devices acceptable to the USACE f. Flooding duration and velocities g. Acceptable and unacceptable embankment and foundation materials h. Riverward floodwall erosion protection requirements i. Velocities will be compared to the erosion protection methodologies listed in USACE Research and Development Center's ERDC TN-EMRRP SR-29 (Stability Thresholds for Stream Restoration Materials). 4. Embankment and Foundation Stability(44CFR65.10(b)(4)) a. Flooding depth and duration b. Under seepage and embankment through seepage c. Levee embankment and foundation stability d. Review against guidelines in USACE ETL 1110-2-569 (Design Guidance for Levee Underseepage), ER 1110-2-1806 (Earthquake Design and Evaluation for Civil Works Projects), EM 1110-2-1902 (Slope Stability), and EM 1110-2-1913 (Design and Construction of Levees) 5. Embankment Settlement(44CFR65.10(b)(5)) a. Embankment loads from flooding and other external sources City of Omaha 6 Missouri River Levee Certification Scope of Services July 24,2014 b. Embankment soil compressibility c. Review against guidelines in USACE EM 1110-1-1904 (Settlement Analysis) 6. Floodwall Analysis (44CFR65.10(b)(4&5) and current USACE criteria) a. Settlement b. Underseepage c. Rotational stability d. Global stability e. Deflection f. Review against guidelines in USACE ETL 1110-2-569 (Design Guidance for Levee Underseepage), ETL 1110-2-575 (Evaluation of 1-Walls), EM 1110-2-2502 (Retaining and Flood Walls), ER 1110-2-1806 (Earthquake Design and Evaluation for Civil Works Projects), EM 1110-1-1904 (Settlement Analysis), and EC 1110-2-6066 (Design of I-Walls). 7. Interior Drainage (44CFR65.10(b)(6)) a. Design storm and joint probability methodology b. Models and methods to utilize for the analysis with required input parameters c. Drainage basins, basin parameters, and hydraulic parameters to be utilized for the analysis. d. Stormwater pump station operational criteria e. Review against guidelines in USACE EM 1110-2-1413 (Hydrologic Analysis of Interior Areas). 8. Levee Operation and Maintenance (44CFR65.10(c&d)) a. Operation and Maintenance plan format b. Frequency of inspection c. Codes and ordinances for other requirements • Prepare a Draft Design Criteria TM to document the design/evaluation criteria that will be utilized for the levee certification. This TM will be prepared with associated calculations, conversation records, and reference information that form the basis for these design/evaluation criteria. • Perform QC and ITR reviews on the Design Criteria TM. • Prepare the Final Design Criteria TM. Task 240—Subsurface Investigation • HDR will prepare the Minor 408 submittal on behalf of the CITY for the USACE for the subconsultants' topographic and subsurface investigations. The Minor 408 submittal will contain the information on the subsurface investigations (described in this task below) and the City of Omaha 7 Missouri River Levee Certification Scope of Services July 24,2014 topographic investigation (described in Task 250). The time allows for the response to one (1) set of comments. • Through the design of the levee system and other subsurface investigation, numerous borings have been drilled along the levee system. HDR has estimated 14 additional conventional borings, 2 CPT soundings, and 8 direct push borings will be required. In addition, 5 floodwall test pits will be required for non-destructive sheet pile testing, as discussed in Task 260. A draft boring location plan and subsurface investigation program has been developed and a proposal for the subsurface investigation, laboratory testing program is provided in Attachment B. The data gap analysis in Task 210 will be used to confirm the draft boring location plan and subsurface investigation program. • Two (2) geotechnical subconsultants will be utilized. Thiele Geotech, Inc. will be utilized for the subsurface borings and test pits and Geotechnology will be utilized for geophysical investigations. The written scope and fee proposal for the geophysical study is provided in Attachment B. Each geotechnical subconsultant will create a Geotechnical Data Report summarizing the project location, field collection method, field investigations conducted, and results of the subsurface laboratory testing. Upon receipt of the Geotechnical Data Reports from each subconsultant, HDR will review the results of each investigation and incorporate the information into a single Geotechnical Data Report documenting the characterization of the levee and foundation conditions. • This task includes time for field consultation with both geotechnical subconsultants. Task 250—Topographic Survey • A topographic survey will be conducted along the levee system. LRA has provided a scope and fee proposal for the survey in Attachment C. LRA will provide electronic survey data in AutoCad format along with data files required for Civil 3D development. • LRA will provide written verification of the accuracy of the survey data, such that it meets the requirements stipulated in FEMA's Appendix A of the Guidelines and Specifications for Flood Hazard Mapping Partners. • Upon receipt of the survey data, HDR will review the data and incorporate it into the base map. • Assist with limited boundary survey support for Task 500 as described in Attachment C. City of Omaha 8 Missouri River Levee Certification Scope of Services July 24,2014 Task 260—Floodwall Sheet Pile Testing • CSIS will conduct non-destructive sheet pile testing and a scope and fee proposal is provided in Attachment C. Test pit excavations (performed under the subconsultant agreement with Thiele Geotech, Inc.)will be used to expose the sheet pile at five locations. Non- destructive testing techniques will be used to determine the amount of corrosion present in the existing sheet pile sections. • This includes time for HDR to observe the test pits and testing in the field. • Support the CITY with their amendment to the BNSF approval for sheet pile testing within the BNSF ROW. Meetings/Travel: -One (1) subconsultant will be travelling from Missouri. Their travel reimbursement details are included in their scope and fee schedule in Attachment B. -Local Travel Task Deliverables: -Site visit condition assessment TM (one (1) draft and one (1)final) -Data catalog -Design criteria TM (one(1) draft and one (1)final) -Geotechnical data reports (two (2)) -Verified survey data report(one (1)) -BNSF permit application for floodwall testing within the BNSF ROW -Sheet pile non-destructive testing report -Minor Section 408 submittal for field investigations Key Understandings and Assumptions: -Initial site visit will be coordinated with BNSF when access to their ROW will be required for visual confirmation of levee components. Permits and fees to be paid by the CITY. -Subconsultant services required to perform the analysis required will be contracted by HDR or an HDR Subconsultant. Subconsultant scope and fees will be revised, if necessary, during this SCOPE OF SERVICES. Geotechnical, survey, non-destructive testing and technical evaluation assistance scopes and fees are included in Attachments B and C, respectively. -Access to levee and associated facilities will be coordinated with the CITY. CITY staff will coordinate access and operate structures and equipment as part of this Project. During closure structure inspection and City of Omaha 9 Missouri River Levee Certification Scope of Services July 24,2014 operational test, a member of CITY staff shall be dedicated to the engineering evaluation team. -Thiele Geotech, Inc. will be providing subsurface investigation services. Assumptions for the geotechnical subconsultant scope of work include the following: ✓ Thiele Geotech's contract includes contingency field work that includes an additional 4 conventional borings, 4 CPT soundings, and 4 direct push borings. This results in a total of 18 borings, 6 CPT soundings, 12 geoprobe borings, and five test pits. ✓ Explorations will either occur at the levee toe or the top of levee. If sufficient CITY ROW exists at the levee toe and there are no site constraints, explorations borings and CPT soundings will occur at the levee toe. For areas where the CITY ROW boundary is at the levee toe or there are site constraints, explorations will occur through the top of levee. ✓ Direct push explorations will be utilized at the top of levee locations. ✓ Average exploration depth will be approximately 50 feet. ✓ In accordance with federal requirements, borings cannot be performed while the river stage is within five (5)feet above flood stage. Flood stage is EL 29 (gage height); therefore, borings can be performed when the river stage is at EL 24 (gage height) or below. ✓ Borehole closure in accordance with USACE criteria. ✓ Boring logs in typed format. -Geotechnology, Inc. will be providing geophysical investigation services. -LRA will be providing topographic survey and ROW mapping services. Assumptions for the surveying subconsultant scope of work include the following: ✓ Survey will adhere to the requirements in Appendix A: Guidance for Aerial Mapping and Surveying of FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners. ✓ Survey will utilize the North American Vertical Datum (NAVD) of 1988. ✓ Horizontal and vertical survey will be conducted of levee penetrations and associated structures. ✓ Road and rail closure structure elevations will be obtained for verification of BFE clearance. ✓ Utilities within levee embankment extents will be surveyed for horizontal and vertical information. -CSIS, Inc. will be providing non-destructive testing services. City of Omaha 10 Missouri River Levee Certification Scope of Services July 24,2014 -Subsurface investigations will be coordinated with the CITY and USACE and comply with USAGE subsurface investigation requirements, as specified in USACE EM 1110-1-1804 (Geotechnical Investigations). -CITY will provide CCTV inspections of all levee penetrations. -CITY will pay for BNSF ROW access request for floodwall test pits. Information and Services Provided by Others: -CITY will provide timely, organized comments on task deliverables. -CITY will provide requested data, if available. -CITY will request required data from the USACE. -CITY will request the title reports. TASK SERIES 300—LEVEE SYSTEM EVALUATION AND DOCUMENTATION Objective: Evaluate the existing condition of the levee utilizing collected data. HDR Activities: 310—Design Level Site Visits • Conduct discipline specific site visits with CITY personnel. Prepare field reports following the discipline specific site visits. 320—Levee System Evaluation • Evaluate the existing condition of the levee system pertaining to the following required tasks based upon the information obtained in Task Series 200. Data collected and confirmed criteria will drive the technical evaluation. • Following the technical evaluation, create a TM documenting the evaluation and results. • Use 500-year water surface elevations (WSELs) and parameters to evaluate the levee and floodwall system. Should a parameter not meet the 500-year criteria, evaluate against the 100-year criteria. • The rail sandbag closure structures at the northern and southern terminus to the levee system shall be evaluated against both 100-year and 500-year WSELs to compare impacts and Opinions of Probable Construction Cost(OPCCs) of replacement. • Perform the technical evaluation in accordance with the following steps, as outlined in 44CFR65.10: 320-1. Freeboard (In accordance with 44CFR65.10(b)(1)) Calculate freeboard by subtracting the 0.2-percent annual chance water surface elevation (WSEL) and the Base Flood Elevation (BFE) predicted by the effective regulatory hydraulic model City of Omaha 11 Missouri River Levee Certification Scope of Services July 24,2014 (current FIS model)from the top of levee/floodwall profile along the entire alignment of the levee system (approximately 13.2 miles). Note any deficiencies by creating a map showing a range of freeboard provided and freeboard required. This effort includes adding additional cross sections to the model for continuous coverage along the levee system alignment. This effort will also include the analysis of multiple riverine flooding conditions for use in the interior drainage analysis discussed in Subtask 320-7. 320-2. Closure Structures(In accordance with 44CFR65.10(b)(2)) Confirm existing closure structures meet minimum criteria. Physical inspections of closure structures will be performed as part of this task. Inspections will review structural integrity and operability of closure structures. The operability of the closure structure will review how the structure seals at the sill or seat and how the structure operates. The closure structure analysis will include structural analysis of the (1) drainage structures and flap gates or other backflow prevention devices and (2)the four(4) closure structures with removable panels. LRA will be conducting the analysis of the drainage and combined system penetrations, sluice gates, and closures to include the review of the CCTV inspection videos and reports collected by others and a visual observation of the penetration closure structure operation. The structural analysis will consist of a visual field assessment only of the existing pump station and road and rail closure structures with regard to their existing condition. The two (2) sandbag closure structures will be evaluated against FEMA and USACE criteria. 320-3. Embankment Protection (In accordance with 44CFR65.10(b)(3)) Analyze the existing embankment protection to determine if sufficient protection of the embankment from erosive river velocities exists. Representative river velocities, based upon the cross sections in the regulatory hydraulic model, to be used in the analyses will be obtained from the current effective model. The Project team will coordinate with USACE on ice and debris impacts along the Missouri River. The Team will utilize ASCE 7-10 to estimate debris size and impact on the levee and floodwall. City of Omaha 12 Missouri River Levee Certification Scope of Services July 24,2014 The Project team will evaluate wave run-up, in accordance with FEMA requirements, along the levee and floodwall utilizing 100- year and 500-year water surface elevations. 320-4. Embankment and Foundation Stability (In accordance with 44CFR65.10(b)(4)) Analyze the existing stability of the levee system to determine if seepage exit gradients and levee slope stability meets current design criteria. HDR will perform analyses for the 100-year and 500-year WSEL conditions. HDR will evaluate the anticipated increased pore pressures in the foundation soils due to seepage. The seepage condition will be evaluated under and through the existing embankment using the information obtained in Task Series 200, the current levee configuration, and the embankment and foundation soil material. The analysis will use approximately 11 representative cross sections based on geology and the levee. SLOPE/W and SEEP/W software will be used to analyze the slope stability and underseepage, respectively. The existing relief wells will be evaluated in their existing conditions and if determined to be deficient, a new system will be designed. Plans and specifications will be prepared, as described in Task 500. 320-5. Settlement(In accordance with 44CFR65.10(b)(5) and current USACE criteria) Evaluate the anticipated freeboard loss through settlement. HDR will analyze the results of the settlement analysis in conjunction with the freeboard analysis to determine if the freeboard loss is within acceptable limits. Since the embankment will not be raised, it is not anticipated that settlement will be an issue, except for the I-wall adjacent to the existing South Interceptor Force Main (SIFM), which is experiencing settlement. 320-6. Floodwall Analysis (In accordance with 44CFR65.10(b)(4&5)and current USACE criteria) Evaluate the floodwall in accordance with current FEMA and USACE criteria with respect to settlement, underseepage, rotational stability, global stability, and deflection. The floodwall analysis will utilize the results from the sheet pile testing to • complete the sheet pile condition assessment. This condition • assessment will be factored into the evaluation the I-wall against the criteria stipulated in USACE Engineering Technical Letter (ETL) 1110-2-575. 320-7. Interior Drainage (In accordance with 44CFR65.10(b)(6)) City of Omaha 13 Missouri River Levee Certification Scope of Services July 24,2014 Utilize the existing InfoWorks model prepared by HDR for the 2011 Missouri River flood to conduct the interior drainage analysis. The InfoWorks model will be utilized to generate a hydrologic and hydraulic(H&H) model based on the gravity and pumping system that are constructed through the levee and discharge into the Missouri River. The model will be utilized to determine where inundation areas will occur based upon the gravity and pumping capacity of the system. The H&H analysis will utilize Missouri River stages, obtained from the regulatory hydraulic model utilized in the freeboard analysis, and based upon design conditions and storm events over the applicable basins interior to the CITY's levee system. Conduct the H&H analysis with a joint probability analysis, as specified in USACE Engineering Manual (EM) 1110-2-1413 (Hydrologic Analysis of Interior Areas). Stage exceedance probability curves for the Missouri River will be developed at each interior discharge location. Updates to sub-basins will include basin characteristics. Coincident storm frequency and Missouri River stage combinations will be simulated and GIS used to develop ponding area maps. The analysis will be based upon six storm events (5, 10, 25, 50, 100, and 500-year) and seven Missouri River events (2, 5, 10, 25, 50, 100, and 500-year). 320-8. Levee Operation and Maintenance Plan (In accordance with 44CFR65.10(c&d)) The CITY is currently in the process of updating its Operations and Maintenance (O&M) Manual. This revised manual will be reviewed for conformance with FEMA criteria for the operations and maintenance plan. • Perform QC reviews on the calculations and models. Meetings/Travel: -Local Travel Task Deliverables: -Calculations and supporting documentation to be documented in individual TMs organized by subject analysis. Key Understandings and Assumptions: -The levee system will be defined in accordance with the 100-year base flood and 500-year flood, riverward toe of levee, riverward top of levee, BFE, and freeboard. This will be the basis upon which the analysis specified within this SCOPE OF SERVICES will be provided. City of Omaha 14 Missouri River Levee Certification Scope of Services July 24,2014 -Levee analysis and deficiencies will be recorded and documented in accordance with the following: ✓ 44CFR65.10 ✓ USACE EM 1110-1-1904 Settlement Analysis September 1990 ✓ USACE ETL 1110-2-569 Design Guidance for Levee Underseepage, May 2005 ✓ USACE ETL 1110-2-575 Evaluation of I-Walls September 2011 ✓ USACE EM 1110-2-1413 Engineering and Design—Hydrologic Analysis of Interior Drainage Areas, January 1987 ✓ USACE ER 1110-2-1806 Earthquake Design and Evaluation for Civil Works Projects July 1995 ✓ USACE EM 1110-2-1902 Slope Stability, October 2003 ✓ USACE EM 1110-2-1913 Design and Construction of Levees, April 2000 ✓ USACE EM 1110-2-1914 Design, Construction, and Maintenance of Relief Welis, May 1992 ✓ USACE EM 1110-2-2705 Structural Design of Closure Structures for Local Flood Protection Projects March 1994 ✓ USACE EM 1110-2-2902 Conduits, Culverts, and Pipes March 1998 ✓ USAGE EC 1110-2-6067 Engineering and Design: USACE Process for the National Flood Insurance Program (NFIP) Levee System Evaluation, August 2010 -The effective Flood Insurance Study (FIS) Missouri River Model is the best available data and will be utilized to establish BFE and other hydraulic parameters to be used in the analysis. -Top of levee topographic survey will be utilized to verify top of levee information in the effective regulatory hydraulic Missouri River model. -Files and information requested of the CITY, USACE, FEMA, and other agencies required to complete the SCOPE OF SERVICES will be provided. Information will be provided in electronic format, where possible. -The InfoWorks model, utilized by HDR during the 2011 Missouri River Flood Fight, will be used in the interior drainage analysis. The model will be updated to reflect the latest existing condition of the system discharging storm water runoff into the Missouri River. This will include updating both the one dimensional components as well as the two dimensional mesh. Storm events will be based upon already created SCS Type II rainfall events that have been utilized for the Omaha CSO program. City of Omaha 15 Missouri River Levee Certification Scope of Services July 24,2014 Information and Services Provided by Others: -CITY will provide O&M Manual once the update is complete TASK SERIES 400—LEVEE EVALUATION REPORT Objective: Develop Levee Evaluation Report for documentation of the existing condition of the levee for certification purposes and for identification of levee deficiencies. HDR Activities: 410—Levee Evaluation Report • Prepare a Levee Evaluation Report, based upon the findings from Task Series 300, documenting the design criteria, the existing condition of the levee and floodwall, and any noted deficiencies identified. See Attachment D for a draft outline of the report. • Perform a QC and ITR review on the Report. • Prepare and submit a draft version of the Levee Evaluation Report. • Incorporate CITY comments and prepare and submit a final version of the Levee Evaluation Report. Meetings/Travel: -Local Travel Task Deliverables: -Levee Evaluation Report (One(1) draft and one (1)final) Key Understandings and Assumptions: -One (1) electronic copy and three (3) hard copies of the evaluation report will be provided to the CITY. Information and Services Provided by Others: -CITY will provide timely, organized comments on the draft Levee Evaluation Report. TASK SERIES 500—RELIEF WELL REPAIR AND REHABILITATION DESIGN AND PERMITTING Objective: . Develop bidding documents for the replacement, repair and rehabilitation of the CITY's relief well system. The purpose of this design is to address past USACE inspection findings, comply with current USACE requirements, and incorporate the results of the underseepage analysis conducted as part of Subtask 320-4. City of Omaha 16 Missouri River Levee Certification Scope of Services July 24,2014 HDR Activities: 510—Draft(60) Percent Drawing and Specifications Development • Develop 60 percent drawings to graphically show the extent and detail of the work contained in the Project. Anticipated drawings include: o Cover and Sheet Index (1 sheet) o Legend, Abbreviations, and General Notes (1 sheet) o Construction Access and Staging (2 sheets) o Construction Limits and ROW, Overall Site Plan, and Details (3 Sheets) o Storm Water Pollution Prevention Plan (SWPPP) and Narrative (3 sheets) o Relief Well Details and Schedules (4 sheets) o Relief Well Plan View Layout, Ditch Profiles, and Collector System (10 sheets) • Develop 5-digit EJCDC technical specifications to the 60 percent level. • Develop Opinion of Probable Construction Cost(OPCC)to reflect sixty percent design. • Perform QC review on the drawings, specifications, and OPCC. • Submit sixty percent documents to the CITY for review and comment. • Meet with the CITY at the Missouri River Wastewater Treatment Plant (MRWWTP)to discuss and resolve review comments. 520— Pre-Final (90) Percent Drawing and Specifications Development • Incorporate CITY comments and advance the drawings, technical specifications, and front-end documents to a 90 percent level of detail. • Work in conjunction with the CITY to develop Division 0 and Division 1 bidding and general requirements. Submit revised bidding and general requirements to the CITY for their technical and legal review. • Update OPCC to reflect 90 percent design. • Perform QC review on the drawings, specifications, and OPCC. • Submit 90 percent documents to the CITY for review and comment. • Meet with the CITY at the MRWWTP to discuss and resolve comments. 530— Permitting and Approvals • Meet with the USACE Levee Safety Personnel and the CITY prior to design document development to discuss approval requirements. • Prepare, perform QC review, and submit a Section 408 submittal to the USACE. Use 60 percent design documents for attachments to the submittal. City of Omaha 17 Missouri River Levee Certification Scope of Services July 24,2014 • Meet with the USACE Regulatory Personnel and the CITY prior to submittal of the pre-construction notification to discuss permitting requirements. • Conduct a wetland delineation along the landward side of the entire Levee System alignment. • Prepare, perform QC review, and submit a Section 404 construction notification submittal to the USACE Regulatory office using 60 percent design documents. • Prepare and submit a grading permit and storm water pollution prevention plan to the CITY • Prepare and submit a permit through BNSF for construction activity and access through their ROW. 540—Bid Preparation • Incorporate CITY and HDR internal QC comments into the final Bidding Documents. • Update OPCC to reflect final bidding documents. • Provide an electronic bid package, as specified in the April 2014 memo titled "Updated Procedure for Electronic Advertisement for Projects in the CSO/RNC Programs"to upload to CITY's electronic project advertisement system. 550— Bidding Phase Services • Provide responses to the CITY concerning technical questions posed by prospective bidders. • Prepare and submit one (1) electronic addendum. • Plan, prepare for, and lead the pre-bid meeting. • Attend the bid opening. • Review submitted bid tabulations and provide recommendation on bid award. Meetings/Travel: -Local Travel -Meetings specified in this task are covered under the total meetings specified in the Task 100 Series. Task Deliverables: -60 percent drawings, specifications, and OPCC -90 percent drawings, specifications,front-end documents, and OPCC -Permit applications and Section 408 submittal -Final bidding documents and OPCC -Letter of recommendation of bid award City of Omaha 18 Missouri River Levee Certification Scope of Services July 24,2014 Key Understandings and Assumptions: -One (1) electronic copy and three(3) hard copies of the drawings, specifications, and OPCC will be provided at each submittal. -One (1) electronic and four(4) hard copies of the permit applications and 408 submittal will be provided to the CITY. CITY will submit three (3) hard copies and one (1) electronic copy of the Minor Section 408 submittal to the USACE. HDR will submit three (3) hard copies of all other permit applications on behalf of the CITY. -Where available, HDR's master specifications in 5-digit CSI format will be used for development of technical specifications. -Drawing size for the Project is set at 22 x 34 IN. Draft and pre-final drawings will be submitted at 11 x 17 IN. -HDR drafting standards will be used to produce all drawings. CITY standard plates for SWPPP details will be utilized. -HDR will utilize AutoCAD Version 2014 for production of Project drawings. -HDR will utilize the CITY's standard bid item list, updated in May 2014, for the OPCC. -The April 15, 2014"Updated Procedure for Electronic Advertisement for Projects in the CSO/RNC Programs"will be utilized for bidding document requirements. -It is assumed no ROW negotiation services will be required in the base services for this phase of work. Information and Services Provided by Others: -CITY will provide timely, organized comments on the deliverables issued for CITY review. -The CITY's legal staff will be involved with review and finalization of front-end documents. TASK SERIES 600—ADDITIONAL SERVICES Objective: Additional services shall be provided only if approved by the CITY. Scope, schedule, and compensation will be negotiated for additional services as they become identified as necessary. An allowance for • possible additional services has been determined and included in the • Project budget. Possible additional services that may be authorized by the CITY PM are included below. City of Omaha 19 Missouri River Levee Certification Scope of Services July 24,2014 HDR Activities: 610-Additional CITY Coordination Meetings • Anticipated CITY coordination meetings have been incorporated in the base budget. • Should additional coordination meetings be required beyond those scoped or budgeted in the base contract, these services will be negotiated with the CITY and only conducted after written authorization from the CITY. 620—Additional USACE Meetings • Anticipated USACE coordination meetings have been incorporated in the base budget. • Should additional USACE meetings be required beyond those scoped or budgeted in the base contract, these services will be negotiated with the CITY and only conducted after written authorization from the CITY. 630—Additional Site Visits • Anticipated site visits have been incorporated in the base budget. • Should additional time be required for conducting site visits beyond those scoped or budgeted in the base contract, these services will be negotiated with the CITY and will only be conducted after written authorization from the CITY. 640—Additional Permitting Services • Anticipated permitting services have been incorporated in the base budget. • Should additional permits or permitting services be required beyond those scoped or budgeted in the base contract, additional time be required to coordinate with previously identified permits or approvals, or additional evaluations be required, these services will be negotiated with the CITY and will only be conducted after written authorization from the CITY. 650—Additional Bid-Phase Services • Anticipated bid-phase services for the Relief Well Rehabilitation Design have been included in the base budget. • Should additional bid-phase services be required beyond those scoped or budgeted in the base contract, these services will be negotiated with the CITY and only conducted after written authorization from the CITY. City of Omaha 20 Missouri River Levee Certification Scope of Services July 24,2014 660—Boundary Survey and Easement Preparation • Limited boundary survey has been included in the base budget, in accordance with the services described in Attachment C. Should additional services be required, a minimal number of hours has been included to coordinate with the CITY to scope out the additional effort. • See LRA Scope of Services in Attachment C for additional information. 670—ROW Negotiation Services • ROW mapping services are being provided by LRA and are included in the base budget, as limited by that which is indicated in Attachment C. Based upon discussions with the CITY, it is assumed that the CITY will handle ROW negotiation services for potential ROW required for the relief well design specified in Task Series 500. • Should ROW negotiation services be required, these services will be negotiated with the CITY and only conducted after written authorization from the CITY. 680—Eppley Airfield Coordination • No Eppley Airfield coordination services have been included in the base budget. Should these services be required, the below information has been prepared to describe the budget provided in the fee spreadsheet. • Provide assistance with communication and coordination with Eppley Airfield staff. • See the LRA scope of services in Attachment C for more information. 690—Private Utility Locating • No private utility locating services have been included in the base budget. Should these services be required, the below description briefly describes the services that would be included. • Coordinate with AAA Locating, Inc. to assist with locating private utilities along the levee system alignment. See LRA's scope of services in Attachment C for more information. Meetings/Travel: -Local Travel -CITY Coordination Meetings -USACE Meetings Task Deliverables: -Meeting notes from additional CITY or Agency meetings. -Permit applications for additional permitting services required. City of Omaha 21 Missouri River Levee Certification Scope of Services July 24,2014 -Boundary survey documentation. -Easement drawings and descriptions. Key Understandings and Assumptions: -The additional services identified above are only potential services that may be required. Should these services, or other additional services, be required after commencement of the contract, HDR and the CITY will negotiate. -At the discretion of the CITY, HDR may be retained through an amendment to this SCOPE OF SERVICES to perform additional analysis, additional design, and construction engineering services. -Additional services will not be conducted without written authorization from the CITY. -AAA Locating, Inc. services are$100 per hour. The fee provided in the attached fee proposal under Additional Services assumes 40 hours. Information and Services Provided by Others: -The CITY will participate in negotiation of additional services, as required. City of Omaha 22 Missouri River Levee Certification Scope of Services July 24,2014 Level of Effort and Fee Estimate City of Omaha FYZ Levee Certification-Phase I:Data Collection and Evaluation _'am` .. x,. ! ?M; DO$11 $i: � ':Mkktevit :,1, T)164 ..Spn$0f. 1N : se!', t$iSICADD Okd 8"-m NaeOutl4IRU .. a - - - _ CFI 1 . , 1, itialinv+ r 9>°L '3S.L:,l �'s`cS�A"f� 7 t3i°i'Yc'd e m .ems ._ e' - _... �.„ -,,,,'...1,.',,.. 110 Project Management �� 24 EIMM - - NM.120 KId1AN Meeting : 12 � - v4 Coordination Meetings(max d 7 d MRWWTP) __- . 42 16 10 -.. 4 Prepare Meeting Notes 16 4 20 16 130 FEMA Conference Cal(maxd2) _.... __...__. _.. 4 --. ..32 USAGE s D si g n criteria,test desk max d 4 IIIE20 16 16 68 Pre. -Meek•Notes 4 8 - So Subtotal Labor Noun _ 98 28 0 134 48 --- 32 10 32 18 406 Subtotal Labor Charges S 19,404,00 S 6,160.00 S 1,512.00 $ 19,028.00 3 10,080 00 3 4,000.00 5 1,010.00 $ 2,208.00 S 1,424 00 $ 64,82 6 00 So SO 11111111M M. Co72 .<• _. _ -_ 210 el Siten 160 24 24 24 220 Collect Dale 20 56 36 48 18 -.- Interview City Staff --. 6 8 _ ___ Update NDR Catalog MEE 108 122 Prepare Subsurface Profile -__- _ 120 24 80 320 _ 484 _ --- Perform Gap AMOR 0 20 20 230 Define Design Crltea _ _ 28 __1N _ -Prepare Design Criteria TM 6 40 16 24 1 SCandRR -_ - - -_ - 2 Submit Design Criteria TM MEM4 9 3121023 _ - 240 Confirm Boring Location Plan 4Mill - 4 104 En Define Soil TestingAhew Sod Samptea8neview Boring Lags 24 -18 _ 64 124 5+040e0 Field Supp ull with Subcalsullants _- _.. _ _.72 20 32 __- 4 $113 eel 250 Survey Support 4 Develop 9asemap 24 - 4__ -64 _ -- 28 260 Field Support h C Shed Pile Tabling Subconsulants 8 __16 _... 16 24 14 Coordinate with City on BNSF Permit -_...... 6 8 80 S+eaa MinorIIM Section 408 f borings and test pits - 8 32 32 8 -- _ WIMEM Subtotal Labor Flouts , 44 156 0 1644,4 452 ,0 448 0 ®/, Subtotal LaborChar. • $ 8,316.00 S 22 152 00 S $ 34,440.00 $ 44,000.00 S 45 248 00�$ - "'-a.� • : __ ,. _ _ _ - Design Specific Site Visits 32 52 84 24 40 232 Freeboard _ 4 32 72 _._ 12 8 136 84 Closure Structure Analysis _.- 8 54 10 _. 4 -_-. 16 $as 5s1 Penetration Analysis4 4 - _ Embankment Protection 4 28 48 8 96 - _21 452 EmbankmenUFwnddion Stabatz 4 212 84 144 28 Setlkmem 8 8 -_ -210 ll Ft000rral Analysis 146 82 72 104 654 —.- 3?e00 Interior Drainage 20 460 58 _ OSM Plan 40 8 Subtotal Labor C -e Hours 20 • 6e6 58 12 140 264 1 72 0 1966 a Subtotal labor har• 3 3,960 00� , i i $ 97 696.00 S 53.65526.00 $ 1.044 00 E 29 400 00 S 33.000 00 E 12 524 00 S 4.968 00 $ $ 258.750 00 fD - -- 50 Levee Evaludion Report 12 60 30 . ,.. .166 dAnalysis _. _. GeechNcd A atysis Report 24 30 60 40 � _ CIC and ITR 8 M EMI 16 M 62 S bait Final LeveeEvaluation Report -�� � Subtotal Labor Flours _ �® 12 68 62 0 _76 72 48 0 448 30 Subtotal Labor Ch.•s S 7,040.00 S 2,268.00 5 9,656.00 $ 6,324.00 $ - 3 14,700 00 $ 9,500.00 E 7,272.00 $ 3,312.00 S $ 61,656.00 So = IN •.b."'Eue WELS`•77 - e c oP. 04 c ,j_ - ,.. :-- _ = �.— 510 60%Design _" IIIEUE 40 38 4 10 97 60%Drawings 8 -.. 1 2 80 99 _. 60%Specifications Table of Contents __-- _.. 2 4 6 - - - _-- -- -- --- 2 14 ME 4 12 6 4 10 60%SubmiBal --__-4 2 10 - - 105 520 90%Design 4 8 69 8 16 - - _ 90%Dravnng5 8 24 2 4 60 16 114 _95%bjPCC norfoo0ans 8 12 4 19 i2 90%O 2 2 -.. 8 43 _._ OC 8 ,.QG11TN .S,t (844„ye1 ani1107 '.Tedinloa( Senor voT GO QADC R16rkd .Ae51A1n11A9 = ,119d+ p446e01laele86 ,. fists yy11 xto*- t" e,, d 'P � 11M7,11c2.8 Ter,KNaa1 SU tr 1: -`t { Po* � s, � n.�� :CR'r P�z.�, ,n4a ,. tazfiD s �:r3o�:6g��' egg^f ; >21D.B� s �92`S ,.`�`4�IX�3 69.azt1�<.'-,e4�a ;. � .. �., 90%Submittal 4 8 _ _. _ 12 530 Prepare 408 Submittal 4 16 24 6 58 lal - -4 - - - - 14 QC 408 10 1 Prepare 104 Application -. _ 12 1208 _32 4 ;� Conduct Meeting with USAGE Regulatory -_ _...._�- _ _ 4 _.. __ - —._. 12 QC 404 8 __.__ - Coordinate with City on Project BNSF Approval --_ 6 4 8 18 24 - -- Prepare Grading Permit and SWPPP 4 20 ..__.__. __-_ . 4 _ -. _—._26 540_... Prepare Biddn9 Documents _-_ 4 2 16 6 2 8 550 Provide Responses to Potential Odder Questions _... - - -- -- - -- - -- - - _ 18 _. _--- - - ---- 1 4 -17 - - -Attend Pre-Bid Conference/Site visit 4 �___._. 8 -. _ - . _ 1e Prepare One Addendum 2 2 �... 2 4 8 Attend Old 0p0r48$ _ -_._ 48 _—_ _. -__ _-_ _._. 10 4 RevkwRMT�saM Recommend Award Subtotal Labor Hours 6 38 752 186 243 0 46 109 208 34 0 945 Subdd Labor C - S 360 00 $14 175 00 S 26.412.00 $24,786 00 $ $ 9,660 00 $ 13,625 00 $21 008.00 $ 2.346 $ $ 121,560.00 50 1 188 00 S 8 _ - SO W ! .t1.-'.z _ 'i ,1 c do v 1 to4,1op-_ :2N,es4: _ t o** - t .. ii, sit, * .� .. t"" _ ,� 4.. .•. ��� — ,�,. �� ,a_ ..},�.+4i 1�i6 i, °t' � 't: a ,2x:' .. ,,,,.i7 ' � 14S1p.4''."a.k '�:. :�--WOO"� i^�, � 'r; ;tw,fiiu;-4'-, a4e0i4 $ ,081 HDR Total Labor $ 702,716 _-.. --- - _. -- _.-- -—_ HOR Twat Expenses $ 47.622 Subconsultant-Thies S 724,023(includes a 10X markup for administrative expenses and wmrious liability) Subconsultant LRA $ 248,054(includes a 10%markup for administrative expenses and vicarious liability) --- us liability) _ _ SubmnsuNanl-GewedmdaQ_y $ 101,390(includes lO%mark- for administrative expenus andN _ TOTAL Subwnsulant-CSIS S 1,938()ndudes a 10%mark-up for administrative expenses end vicarious liability) - TOTAL FEE(NOT INCLUDING ADDITIONAL SERVICES) $ 1,228,743 ^--- "- - -- _-- — - __---- 610 Prepare for 8 Attend Additional City Cocrdnalion Meetings 12 12 24 - __.. 620 PrepareAdditionalAdditionalB Attend Additional USAGE Meetings 8 8 8 8 32 -..- -- -- - --- --- _ __ 830 AtllUbru td Site Viers 16--__ - -- � -_— 8 40 640 Addiliond r5 Permit Services 24 24 - - _-- 650 Additional Bid-P hase Services -.. ._ 8 16 _-- -_ _. 660 Boundary away and Easement Preparation _ _...2 2 _... - -_---_ -._._-- 4 24 670 ROW Negotiation Services __. 8 16 _ . —. __ --__ 4 Mice _ 880 Omaha Eppley Airport Cowdlnation 2 2 - ___--_- - - _— .-_ _.. - 4 - .ss,00a 690 Private Utility Locates 2 2 - -. __._ -- - - 44444 - Subtotal Labor Hours 26 0 40 38 0 0 24 24 8 0 0 35 _ _ 09.t -- Subtotal Labor Ch Charges $ 5,14800 4S $ 7,56000 $ 1391600 $ S $ 5,04000 $ 3,000.00 $ 808.00 $ $ $ 35,472.00 T4t;t24eenH4vr,1� •..l.. - t�:p, fa, ,'"NI � ^f-.t# liana � to 493 s#fi'. � �, @na t4 Y,AST 3"::. TRW WbepC y0K .g4,444 _ .w,. 6 -. ;0 'S:2e$26 I _c.SOS;s".°,'tee.89$ i 1>a,afa a ;OM 6 �'1b5,22o s 166,166 8 _6t,em a 14,494 s 1.424"s 7uaee HDR Total Labor S 738,188 _ - HDR Total Expenses S 47,622 Subconsutam-Thiele $ 124.023(includes a 10%markup for administrative expenses and vicarious liability) -- _ Subconsultant-LRA $ 257,783(includes a 10%markup for administrative expenses and/rnen0us liability) - -Subconsultant•Geotechnelogy $ 104,390(includes a 10%mark-up far administrative expenses and vicarious liability) ---- - Subconsultant-CSIS $ 1,938(includes a 10%mark-up for administrative expenses and vicarious liability) .._. TOTAL FEE(INCLUDING ADDITIONAL SERVICES) S 1,273,944 7/2/2014 ATTACHMENT B GEOTECHNICAL SUBCONSULTANT FEE PROPOSALS • City of Omaha Missouri River Levee Certification Scope of Services July 24,2014 Via ., � �y T 13478 Chandler Road , Omaha.Nebraska 68138-3716 402.556.2171 Fax 402.556.7831 ww3478legeotech.com hiele Gestech Inc May 22, 2014 Ms.Vicki Twerdochlib,P.E. HDR Engineering,Inc. 8404 Indian Hills Drive Omaha,Nebraska 68114 RE: PROPOSAL FOR GEOTECHNICAL EXPLORATION AND ENGINEERING CONSULTATION CITY OF OMAHA LEVEE RECERTIFICATION,OMAHA,NEBRASKA Dear Ms.Twerdochlib: Enclosed is our proposal for geotechnical exploration and engineering consultation related to the proposed City of Omaha Levee Recertification in Omaha, Nebraska. The accompanying proposal describes our approach and proposed scope of services, the estimated cost of the study, and the contract terms. Thiele Geotech is a service-oriented firm offering geotechnical, material, and environmental engineering. Our focus is on providing quality engineering solutions based on each individual client's needs. Our professional staff has extensive experience with similar projects, and we have the equipment and resources available to complete this study. We look forward to working with you and your design team on this project. If you have any questions, please call. If the accompanying proposal is acceptable,please return an executed copy to our office. Respectfully, Thiele Geotech,Inc. Robert K.Lapke,P.E. Enclosures • P:\13044.00\GEOTECHNICAL SCOPING PROPOSAL.DOCX GEOTECHNICAL M MATERIAL m ENVIRONMENTALm ENGINEERING Geotechnical Exploration and Engineering Consultation Proposal City of Omaha Levee Recertification Omaha, Nebraska May 22, 2014 Thiele Geotech, Inc. is pleased to submit our proposal for geotechnical exploration and engineering consultation related to the proposed Omaha Levee Recertification. The following sections detail our understanding of the project, our proposed scope of services, and the estimated cost of the study. A fee estimate for the project is attached in Exhibit A. This proposal will be held open for a period of 45 days from the above date. PROJECT DESCRIPTION Our understanding of the project is based upon information provided by HDR Engineering,Inc. The project consists of evaluating the City of Omaha levee system to allow for recertification of the levee following the 2011 flood. The evaluation will consist of visual observations, intrusive explorations at discrete locations, laboratory testing, and engineering analysis. HDR will perform a majority of the analysis;however,Thiele Geotech will provide engineering consultation when requested. SCOPE OF SERVICES Our proposed geotechnical exploration will consist of test borings to obtain geologic information and samples of the site soils, laboratory tests to determine the relevant engineering properties of the various soil strata, engineering consultation and project meeting participation,and a data report with boring logs, cone penetration testing(CPT)logs,test pit logs,and laboratory test results. HDR Engineering has requested a total of 14 conventional test borings, 8 geoprobe borings, 2 CPT soundings,and 5 backhoe test pits. The exploratory borings and test pits will be spaced across the extent of the existing levee system at strategic locations. A total conventional drilling footage of up to 1,015 lineal feet,total geoprobe footage of 450 lineal feet,and total CPT sounding footage of 100 lineal feet are proposed. The conventional borings will be sampled at intervals of 5 feet or less and a descriptive log of the test borings will be prepared. The geoprobe borings will generate continuous macro core samples that will be returned to the laboratory for HDR personnel to log. All borings or soundings will be terminated at refusal if encountered above planned depth. All borings and soundings will be backfilled in accordance with USACE requirements. Test pits are planned to a depth of 6 feet adjacent to the floodwall and will require up to 5 separate mobilizations. The test pits will need to be excavated and backfilled per the Omaha Levee Certification Phase I Floodwall Test Pits specifications. Thiele Geotech will retain Heimes Corporation to perform this work and Thiele Geotech will log the test pits in the field. We understand that HDR Engineering will submit the drill and test pit request to the USACE for this project. This proposal is predicated on Thiele Geotech being granted access to all boring locations selected by HDR Engineering. We understand that HDR will coordinate with BNSF for right of entry, but Thiele Geotech will be responsible to arrange flaggers for its work. Our proposal does include Railroad Protective Insurance coverage up to a premium of $2,000. Heimes has excluded Railroad Protective Insurance coverage. Their proposal with limitations is attached. Thiele G e o t e c h Inc Geotechnical Exploration Proposal May 22,2014Page 2 of 2 Based on the results of the test borings, a laboratory testing program will be established to evaluate the engineering properties of the various soil strata. Laboratory testing may include moisture content and density determinations to characterize the state and uniformity of the deposits, unconfined compression tests to determine shear strength parameters, one-dimensional consolidation tests to evaluate compressibility,and index property tests for classification. Our data report will include the typed boring logs and laboratory test results. The proposed scope of services does not include an evaluation of potential contamination on or near the site. If the environmental condition of the property is a concern,an environmental site assessment can be provided as an additional service. ESTIMATED COST& SCHEDULE Professional services will be billed at the unit rates listed in Exhibit A. Based on the indicated work scope, the total cost for this study is estimated at $112,748.25. This maximum amount will not be exceeded for the geotechnical exploration unless additional work is authorized. Approximately 6 to 8 weeks from your notice to proceed will be required to complete the study. The schedule is somewhat dependent on weather, site access conditions, and other factors including the actual subsurface conditions identified in the test borings. If this proposed schedule does not meet your project requirements,we would be happy to discuss alternate schedules. EXHIBITS Exhibit A-Drilling Estimate Worksheet THIE TE ,IN CLIENT: orfBy Date Robert K.Lapke Name: 13478 Chandler Road Address: Omaha,Nebraska 68138-3716 City,state: 402/556-2171 Fax 402/556-7831 Phone: Fax Thiele G e o t e c h Inc Drilling Estimate Worksheet Exhibit A City of Omaha Levee Recertification 5/22/2014 Omaha,Nebraska Description Estimated Unit Estimated Quantity Rate Cost Drilling Project Engineer Utility Locates,(/hr.) 20.0 103.00 2,060.00 Mobilization(Zone 1) 3.0 134.00 402.00 Exploratory Drilling(hollow stem augers)(/ft.) 1,015.0 14.75 14,971.25 Cone Penetrometer Testing(/ft.) 100.0 10.25 1,025.00 Direct Push(Geoprobe&2-person crew)(/hr.) 40.0 185.00 7,400.00 Grouting Boreholes,CPT Holes&Geoprobe Holes(Ift.) 1,000.0 7.00 7,000.00 Contingency Drilling Project Engineer Utility Locates,(/hr.) 5.0 103.00 515.00 Mobilization(Zone 1) 3.0 134.00 402.00 Exploratory Drilling(hollow stem augers)(/ft.) 200.0 14.75 2,950.00 Cone Penetrometer Testing(/ft.) 200.0 10.25 2,050.00 Direct Push(Geoprobe&2-person crew)(/hr.) 20.0 185.00 3,700.00 Grouting Boreholes,CPT Holes&Geoprobe Holes(/ft.) 400.0 7.00 2,800.00 Test Pit Explorations Project Engineer Utility Locates,(/hr.) 5.0 103.00 515.00 Project Engineer Test Pit Logging,(Ihr.) 20.0 103.00 2,060.00 Lump Sum Proposal from Heimes(lump sum) 1.0 9,035.00 9,035.00 Trip Charge-Zone 1 (/trip) 15.0 55.00 825.00 Level Ill Technician(/hr.) 40.0 64.00 2,560.00 Materials Macro Core Liner(ea.) 90.0 7.00 630.00 Sack-Crete(/bag) 9.0 10.00 90.00 DT32 Expendable Sample Point(ea.) 8.0 57.00 456.00 Macro Core Liner(ea.) contingency 40.0 7.00 280.00 Sack-Crete(Ibag) contingency 4.0 10.00 40.00 DT32 Expendable Sample Pc contingency 4.0 57.00 228.00 Laboratory Testing Unit Weight Test(ea.) 96.0 18.00 1,728.00 Atterberg Limits(/set) 48.0 70.00 3,360.00 Hydrometer Analysis(ea.) 84.0 100.00 8,400.00 Sieve Analysis(ea.) 84.0 70.00 5,880.00 Soil Corrosivity Series(ea.) 5.0 300.00 1,500.00 Standard Proctor(ea.) 1.0 150.00 150.00 Miscellaneoous Fees RR Protective Insurance(lump sum) 1.0 2,000.00 2,000.00 Data Report Preparation CPT Analysis(per sounding) 2.0 113.00 226.00 Senior Engineering Technician(/hr.) 30.0 84.00 2,520.00 Senior Drafter(Ihr.) 4.0 60.00 240.00 Project Engineer(/hr.) 40.0 103.00 4,120.00 Senior Engineer(Ihr.) 5.0 150.00 750.00 Engineering Consultation Senior Engineer(/hr.) 40.0 150.00 6,000.00 Senior Geologist(/hr.) 40.0 152.00 6,080.00 Principal Engineer(/hr.) 40.0 195.00 7,800.00 Total $112,748.25 Thiele G e o t e c h Inc Heimes Proposal Corp. Excavating& Utilities Division 9144 South 147th Street a Omaha,NE 68138-3866 (402)894-1000• Fax(402)894-2444 Proposal Submitted To Date 5/22/14 Thiele Geotech Phone 402.556.2171 13478 Chandler Rd Fax 402.556 7831 Omaha,NE 68138 Job Info Test Pit Excavation Attn.:Bob Lapke Omaha Flood Wall Scope of Work; Flood Wall Test Pit Excavation Mobilize to the site with backhoe and laborer Excavate (5)test pits per detail on and per BSFN location • Stockpile material by excavation if suitable for backfill Backfill and compact excavation with stockpiled materials Notes: If soils are unsuitable, clay material can be imported and unsuitable soil relocated on site per BSFN direction for$ 22.00 per CY Heimes Corp can NOT comply will all aspects of insurance requirements— see attached comments from Heimes Corp insurance company Railroad Right-of-Way insurance has not been included as BSFN site specific requirements will have to be presented to know cost of policy Railroad insurance might be purchased directly from BSFN— insurance policy premium might best be solved with a direct cost reimbursement changed order. This would be agreed upon prior to start of work No dewatering or surface water pumping has been included No 40-hour HAZWOPER manpower has been included; work will be under Heimes Corp as insurance coverage is more compatible with requirements • Ail material Is guaranteed to be as specified. AO work to be completed In a substantial workmanlikeer _manner according to specifications alteration deviation specifications practices. 0 -•—- extra costs wig be executed only upon written axiom and will become an extra charge over and above the estimate. Ali Matt Sykora for Heimes Corp. agreements contingent upon sbtkag accidents or delays This proposal may be withdrawn by us if not beyond our control. Owner to carry fire, tornado and other accepted within 30 days. necessary insurance. Our workers me tufty covered by Workmen's Compensation Insurance. Acceptance of Proposal The above prices,specifications and conditions are setisfectoryand are hereby accepted. You we authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance Authorized Signature lH:2019 Word DacsiThlele-f oodtval!Tdst Plts doc Heimes and BNFS 5-20-14 Section 7 Indemnification. 7.1 TO TIE FULLEST EXTENT PERMITTED BY LAW,GRANTEE SHALL,AND SHALL CAUSE GRANTEE'S CONTRACTORS, SUBCONTRACTORS, AGENTS, INVITEES, LESSEES, ICEMEN;AND Indemnity clause that your PERMITTEES TO,RELEASE,INDEMNIFY,DEFEND AND HOLD HARMLESS GRANTOR AND GRANTOR'S attorney is better qualified to AFFILIATED COMPANES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, review. OVEN, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (CO LE CTI9ELY, weemterran FOR,FROM AND AGAINST ANY AND ALL CLAIMS,LIABILITIES,FOES,PENALTIES COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES(I CLUDING,WITHOUT LMETATION,COURT COSTS,ATTORNEYS'FEES AND COSTS OF INVESTIGATION, REMOVAL AND MENTION AND GOVERNMENTAL OVEN COSTS) ENVIRONMENTAL OR OTTERWME (COLLECTIVELY, "UABLITIEE") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF,EXULTING FROM OR RELATED TO(IN WHOLE OR IL PART) (I) THIS EASEMENT AGREEMENT, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (0) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS EASEMENT AGREEMENT, (II) OCCUPATION AND USE OF THE PREMISES BY GRANTEE, OR GRANTEE'S CONTRACTORS, SUBCONTRACTORS, AGENTS, II'MTEES, LESSEES, LICENSEES AND PERMIITEES,OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYER!BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER (INDIVIaUAU.Y,A"GRANTEE PARTY,"AND COLLECTIVELY,"GRANTEE PARTIES"), (Iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREENS CAUSE BY OR CONTRIBUTE)TO BY GRANTEE PARTIES,OR (v) ANY ACT OR OMISSION OF GRANTEE PARTIES, EVEN IF SUCH LIAEE.TTES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR NI PART,ANY NEGLIGENCE OF ANY EMNANITIE. TIE ONLY UNSITIES WITH RESPECT TO WHICH GRANTEES ORATION TO INDEMNIFY TIE INDEMNJTEES DOES NOT APPLY ARE LIABILITIES TO TIE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLEEENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. 7.2 TO THE FULLEST EXTENT PERMITTED SY LAW,NOTMETHSTA DIHG THE MUTATION IN SECTION 7.1, GRANTEE SHALL, AND SHALL CAUSE GRANTEES CONTRACTORS, SUBCONTRACTORS, AGENTS. INVITEES, , LWEINIES AND PERETTEMI TO, VEEP AND FOREVER WAIVE ANY AND ALL CLAMS,NEEDLESS METIER BALD ON STRICT UASL TY, NEGLIGENCE OR OTHERWISE,THAT GRANTOR IS AN'OWNEt","OPERATOR","ARRANGE ,OR "TRANSPORTE e WITH RESPECT TO THE IMPROVE/WITS FOR THE PURPOSES OF CEIBILA OR OTHER ENVIRONMENTAL LAWS. GRANTEE WILL INDEMNIFY,DEFEND AND HOLD THE INDEMNITEES More of the HARMLESS FROM ANY AND AU. SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE RIDEMNITEELL GRANTEE FURTHER AGREES THAT THE USE OF THE PRIMES AS CONTEMPLATED indemnity cla use. BY THIS EASEMENT AGREEMENT SHALL NOT IN ANY WAY SUBJECT GRANTOR TO CLAIMS THAT GRANTOR IS OTHER THAN A COERCE CARRIES FOR PURPOSES OF ENVIRONINEITAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY,DEFEND,AND HOLD THE INDEMNITIES HARMLESS FOR ANY AND AU. SUCH CLAIMS. IN NO EVENT SHALL GRANTOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PRESSES. 7.3 TO THE FULLEST EXTENT PERMITTED BY LAW,GRANTEE SHALL AND SHALL CAUSE GRANTEE'S CONTRACTCRS, SUBCONTRACTORS, AGENTS, INVITEES, LESSEES, LICENSEES AND FEMMES TO, MAMBO/ OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY REENINREE,INDEMNIFY AND HOLD HARMLESS TIE IENIANITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABLITES ASSERTED AGAINST OR SUFFERED BY ANY INDEMINTEE UNDER OR RELATED TO TIE FEDERAL EMPLOYERS' LIABILITY ACT (VELA")WHENEVER EMPLOYEES OF GRANTEE, OR ANY OF ITS CONTRACTORS, SUBCONTRACTORS, AGENTS, WIENS, LESSEES, LEENSEES OR PERMITTEES,CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF MY ININEMIETEE OR OTHERWISE THIS mosiony MAU.ALSO EXTEND,ON THE SAME BASIC TO FELA CLAIMS BASED ON ACTUAL. OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS,INCLUDING ovr NOT METED TO THE SAFETY APPLIANCE ACT,THE LOCOMOTIVE INSPECTION ACT,THE OCCIPATIONAL SAFETY AND HEALTH ACT,THE RESOURCE CONSERVATION AND RECOVERY ACT,AND ANY SIMILAR STATE OR FEDERAL STATUTE. 7.4 Upon written notice from Grantor,Grantee apses to MUM the defense of any lawsuit or other proceeding brought against any indemnitee by any entity,relating to any matter severed by this Easement Agreement for which Grantee has an obligation to assume Wily for andior save aryl halo hanriess any indemnitee. Oman shall pay at costs incident to such defense,including,but not limited to,attorneys'fees, investigators'fees,litigation and appeal expenses,sethement payments,and amounts paid to satisfaction of Judgments. Section 8 Insurance. Grantee shag,at its sole cost and expense,procure and maintain during the life of 8.This is an easement this Easement Agreement the following insurance coverage: agreement. Is the correct A. Commercird General Liability Insurance. This insurance shall contain broad form contractual contract? liability with a combined single limit of a minimum of$2.000,000 each occurrence and an aggregate Omit of al least$4,000,000 but in no event less then the amount othentise carried by Grantee.. Coverage must be A.Your GL is$1h4/$2M but purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: the umbrella goes over • Body Injury and Property Damage that. You are post 1998 • Personal Injury and Advertising Injury form,and have the listed • Re legal liabty • Products and completed operations coverages. This policy shall also mein the following endorsements,which shall be indicated on the certificate of Insurance: • The deflation of insured mead shall be amended to remove any exclusion or other You have CG316—complies linntatkin fre any***beim done within 50 feet of railroad properbi. with RR exception • Waiver of subrogation inlayer of and acceptable to Wilsey. You have a blanket waiver- * Additional Insured endorsement in favor of and acceptable to Railway and Jones,Lang, . lies Lab*Global Sonless RR,Inc. Comp • Separation al insureds. Al-you have a blanket Al- • The policy shall be primary and non-contribuing with respect to any Insurance carried by complies Railway. You have a cross 1;zii€11,./ exclusion-you do not comply The Al is P N/C complies It is agreed that the elders'compensation and employene liability related exclusions in the Commercial Complies General Liability insurance policy(s)required herein are intended to apply to employees of the policy holder and shalt not apply to Railway employees. You have several exclusion No other endorsements limiting coverage maybe included on the on the policy such as lead, B. Business Automobile Insurance. This kwurance shall contain a combined single grail of al least silica,discrimination, $1400.000 Per CtaltrenCe•and Include coverage for,blA not limited to the following: asbestos,so technically this does not comply(but no • Bodily injisy and properly damage policy would) • Any and all vehicles owned,used or hired This policy shall also contain the following endorsements or language,which shall be indicated on die B. Auto limits comply certificate of insumnce: You have a blanket waiver • Waiver of subrogation in favor of taxi aceeptabk to Rm7way. You have a blanket Al. • Additional insgnad endorsement in favor or and acceptable to Railwa). Auto has separation • Separation°rimmed& insured. • The policy eball be printery and non-contributing with respect to any insurance carried by Al is primary non contrib. Railway. • C, Workers Compensation and Employers Liability Insurance. This Insurance shag include cov,r, .,,!e for,bui not biked to: c.WC and EL limits complies, • Grantee's statutory liablity unthe dir workers compensation Loam of the state(s)in which the"ark Is to be performed. Scotian&under State Law,the insurance must cover all employees anyway. • Employers'LkiblIty(Part B)with bite of at least 5500.000 each accident,$500,000 by disease policy lenS,$600,000 by disease WI employee, This policy shal also contain the following endorsements or language,which that be indicated on the certificate of insurance: WC waiver-complies. • Waiver of subrogation in favor of aid acceptable to Railway. d Are you required to have D. Railroad Protective Liability insurance Is required if there Is anyconstruction or demolition When. This Insurance shell name only the Railway as the insured with coverage of at least S2 000,000 per this RR protective? Ask if you occurrence and R000,000 In the aggregate.The policy shall be Issued on a standard ISO f01111 CO 00 35 10 need, We cars get you an app 9.3 and Include the Wowing: • Endorsed to inckide the Palkition Excbsion Amendment(lSO form CG 23 3t 1093) if VOL do,or you can use the • Endorsed b include the Limited Seepage and Pollution Endorsement, RR policy, • Endorsed to include Evacuation Expanse Coverage Endorsement • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railway prior to pedonnbg any work or services under this Easement Apemed if wallah and in lieu of providing a Railroad Protective liabkity Policy,Grantee may participate In the Railways Blanket Railroad Protective Lately Insurance Policy available to Grantee or Its contractor, The limits of coverage are the same as above. The cost is S9,0113.00 u I elect to participate in Grantors Blanket Policy; ci I elect not to participate in Grantors Blanket Policy. • Other Requirements' Where allowable by law,at policies(applying to coverage listed above)shall contain no exclusion for Policies are silent-no punitive damages and wrialeates of insurance shall reflect that no exclusion exids. punitive exclusion. Grantee agrees to waive its right of recovery epeeist Railway for at claims and suits against Ralhvay. In addition,its insurers,through policy endorsement,waive their right of subrogation against Railway for all claims They already requested and sults. The certificate of insurance wrest reflect waiver of maxogation endorsement. Grantee further waives waivers on Gt.,auto and its right of recovery,end its insurers also waive their dela of subrogation against Railway for lose oils owned or leased properly or property under its care.custody or control. WC. Property waiver-ok. You have a GL $25,00 Grantee is not allowed to self-Insure without the prior*ten consent of Railway If granted by Railway, any deductible,self-insured retention or other financial responsbWly for dabs shall be covered directly by deductible. You have to Grantee in den of Insurance. Any end ail Ralway liabilities that would*therein, in accordance with the clear this with the RR. provisions of this Easement Agreement, be covered by Grantee's insurance will be covered as if Grantee elected not to indude a deductible,self-enured retembn,mother financed response:lily for deers. Prior to commencing work,Grantee shag furnish to Railway an acceptable oertilicate(e)of insurance Including an neigh° signature of the aukalzed representative evidencing the required °average' Need certificate-can endorsements,and amendments and reference"the contract audtadder number If available. The policy(lea) shad contain a provision That obligates the Insurance companies)issuing such policy(les)to notify Railway in comply. Requires 30 day willing at least 30 days prior to any cancelatton, non-renewal, substitution or material rtheration. This notice-corn plies cancelladon provision shall be Indicated on the certificate of insurance. Upon request from Rehm,a certified duplicate original of any required potty shall be furnished. My insurance policy shall be written by a reputable Insurance company acceptable to Ralway or with a current Best's Guide Rating of A-and Class VII or better,and authorized to do business In the MOO in which Complies the service is to be provided. Complies Graders represents that this Easement Agreement has been thorouglay reviewed by Grantee's insurance aaergeybroker(s),who have been instructed by Grantee to procure the durance coversge required by ttds Easement Agreement, Miocated Loss Expense shell be in salon to ail policy limbs for compose nsferenced above. Ok Not more frequendy than once every fin years,Railway may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices In the Mannar industry if any portion of the operation is to be subcontracted by Grantee, Grantee shall wide that the If you subcontract you suboonthedor shall provide and maintain insurance coverages as sat forth hereto, name" Railway as an I. additional insured.and shall reoe that the tekeeetteeter shag release,defend me indemnity Rawly to the must make sure they same extent and under the same tonne and conditions as Grantee is required to release,defend and indemnify comply with these terms. Redway herein. Failure to provide evidence as required by this Seed 8 shall entitle,but not require, Railway to terminate the Easement erenedietely.Acceptance eta cedes*that does not comply with this Section ft shall Ok not clarets as a waiver of Grantees*bastions teseurvier. The fact that insurance(include ,tehota Onillatbn,eet-esteence)la ablated by Grantee shalt not be Ok deemed to release or diminish the lie*of Grantee What"without beaten,liability under the Indemnity provisions of this Easement Agreement Damages recoverable by Railway shall not be leaked by the amount of the required insurance coverage. For purposes of des Section 1, Rahoay shall mean liurfmglon Northern Serge Fe,MC*, IMF o k Raliway Company'and the substdidies,successors,assigns and affilates of each. lir „.... GEOT HNOLoGy 1111111111111111 FROM THE GROUND UP VIA EMAIL: Vicki.twerdochlib a hdrinc.com May 22, 2014 P023037.01 Revised Ms.Vicki Twerdochlib,PE HDR Engineering, Inc. 8404 Indian Hills Drive Omaha,Nebraska 68114-4049 Re: Revised Proposal for Electrical Resistivity Profiling Survey Omaha Levee Certification Omaha,Nebraska Dear Vicki: In response to your request, Geotechnology, Inc. (Geotechnology) is pleased to submit this revised proposal to perform an electrical resistivity profiling survey for the referenced project. This proposal has been prepared based on e-mail and telephone conversations and our site visit on April 23, 2014. PROJECT AND SITE DESCRIPTION Geotechnology understands that HDR Engineering, Inc. (HDR) is performing a condition assessment and certification of the approximately 12-mile long Omaha Levee located along the west bank of the Missouri River in Omaha, Nebraska. HDR has requested assistance with evaluating conditions within and beneath portions of the levee that may impact the integrity of the levee. Such conditions may include the presence of granular or other deleterious materials that could contribute to under-seepage and/or erosion of the levee or surrounding soils. Geotechnology proposes resistivity surveying to enhance the planned boring program. The sections of the Omaha Levee selected by HDR for resistivity surveying are comprised of earthen embankments with various types of paved and unpaved roads on the crest. These variations along the levee alignment have been considered in the geophysical approach . described below. ©2014 GEOTECHNOLOGY,INC. , u.;,,,.:,,,.s.;,reuNp, 5055 Antioch Road • Overland Park, KS 66203 • (913) 438-1900 • Fax: (913) 438-1923 * www.geotechnology.com HDR Engineering, Inc. P023037.01 May 22, 2014 Revised Page 2 RESISTIVITY METHOD AND PROJECT APPROACH Resistivity profiling is a surface geophysical technique where the apparent resistivity of the subsurface is determined by inducing current into the subsurface with two current electrodes and measuring the resulting ground voltage using two potential electrodes. In the dipole-dipole resistivity profiling method, a current dipole is positioned a certain distance away from a potential dipole. The voltage is measured at the potential dipole at varying distances from the current dipole. The greater the distance between the current and potential dipole, the greater the depth of the measured electrical field. The dipole-dipole resistivity method is appropriate for resolving lateral limits of target features. Saturated zones typically exhibit lower resistivity than dryer soils,and clay soils typically exhibit lower resistivity than sandy soils. Potential targets for the resistivity survey would by higher resistivity zones along the core of the levee and lower resistivity zones near the toe levee or below the expected base of the levee. We propose two methods for collecting the resistivity data based on conditions along the levee alignment. A Geometrics OhmMapper resistivity system will be used where possible. This method uses capacitively coupled electrodes that do not require direct contact with the soil. Data collection is quicker than traditional electrode methods, thus allowing more economical data collection along the length of the levee. OhmMapper will be used where access can be attained using an all terrain vehicle and an array of electrodes can be towed along the ground surface. Due to the presence of an induced field, this method cannot be used over reinforced concrete pavement or near other metallic objects such as chain link fences. We propose using our AGI SuperSting R8 multi-electrode resistivity system in areas near reinforced concrete roads or jersey barriers or where rough surface conditions are present. In general, three resistivity profiles will be collected along the levee: one profile will be collected along the crest of the levee (where accessible); one near the toe of the riverside of the levee; and one near the toe of the land side of the levee. Data cannot be collected over pavement, highly conductive surfaces, rip-rap or other rough or steeply sloping surfaces. In addition, the survey lines will be adjusted away from fences or paved roads along either the toe or crest of the levee. SCOPE OF SERVICES The resistivity scope of services will include the following: . • Mobilize a three-person crew with a Geometrics Ohm-mapper resistivity system, Trimble dGPS unit, AGI SuperSting R8 multi-electrode resistivity system and support equipment to the site for surveying accessible non-railroad areas. ©2014 GEOTECHNOLOGY,INC. FROM THE GROUND UP _. 0. HDR Engineering, Inc. P023037.01 May 22, 2014 Revised Page 3 • Collect three resistivity profiles along the levee (where accessible): one profile will be collected along the crest of the levee; one near the toe of the riverside of the levee; and one near the toe of the land side of the levee. Data will be recorded based on access conditions, with OhmMapper data being recorded wherever possible. We estimate about 11.5 miles of OhmMapper data and 1.25 miles of SuperSting data will be collected during this mobilization. These distances may vary based on the actual conditions encountered on site. We estimate that 5 days will be required to collect this data. • Re-mobilize after access to railroad property has been established by HDR. We estimate about 3 miles of OhmMapper data and 1.5 miles of SuperSting data will be collected on railroad property. These distances may vary based on the actual conditions encountered on site. We estimate that 4 to 5 days will be required to collect this data. • Process the resistivity data to obtain two-dimensional resistivity data for each profile. • Prepare a draft report that will include a description of the geophysical method and profiles of the resistivity data. The resistivity profiles will be interpreted for the presence of potential seepage zones due to granular or other deleterious materials. • Prepare a final report that incorporates comments based on the review performed by HDR. SITE ACCESS The Client agrees to obtain access to the property for purposes of the geophysical survey, including notifying property owners and obtaining railroad permits. The proposed survey methods, schedule and costs are based on relatively accessible surface conditions and conducting the work during normal business hours. Difficult survey conditions, such as the presence of obstructions and/or inclement weather, may require additional cost for surveying or may limit the number of survey lines completed. We assume that the site will be free of surface obstructions at the time of the survey. Steeply sloping surfaces will be evaluated for safety of personnel and equipment and will not be attempted if deemed hazardous to personnel or equipment. ©2014 GEOTECHNOLOGY,INC. FROM THE GROUND UP HDR Engineering, Inc. P023037.01 May 22, 2014 Revised Page 4 SCHEDULE AND FEE BASIS We anticipate that OhmMapper surveying will be performed at a rate of approximately 6 miles per day and the SuperSting surveying will be performed at a rate of approximately 0.4 miles per day. Data processing and a draft report will require approximately 4 weeks to complete. The final report will be prepared within 2 weeks of receiving comments on the draft report from HDR. Our estimates for completing the survey are shown below. The actual time to complete the survey will depend on site conditions and survey method. In addition, these costs do not include estimates for obtaining railroad permits,traffic control, or clearing, if required. • Startup/Initial Mobilization $16,400.00 • Resistivity Surveying 10 Days @ $6,300/Day $63,000.00 • Additional Mobilization $ 7,700.00 • Draft Report $ 5,500.00 • Final Report $ 2,300.00 Total $94,900.00 This proposal and fee estimate have been prepared using Geotechnology's standard fee schedule. Geotechnology reserves the right to revise this proposal and fee estimate, at any time, if any flow down and/or contract provisions are required by Client or Owner to conform with any local, state or federal wage act requirements, including but not limited to the Davis-Bacon Act, as Amended, the McNamara-O'Hara Service Contract Act, etc., the required use of union labor, or for any required safety, security, vehicle, drug and alcohol testing, or any third party payment fees, or other requirements not specified in the Client's request for proposal or not defined in Geotechnology's scope of services. LIMITATIONS The resistivity survey method is a non-intrusive, indirect, geophysical method based on transmitting and recording electrical signals that are potentially affected by a variety of natural or man-made conditions. For instance,the presence of wet clay, subsurface utilities,and surface metal may reduce the ability for the electrical energy to penetrate the subsurface. The potential for • detecting the presence or absence of subsurface features is based on the quality of the recorded data as limited by site conditions,and on the interpretation of the data received. Hence,there will always be the potential of not observing a subsurface object or interpreting the presence of a subsurface object where one does not exist. We strongly suggest that the results of the geophysical surveys be verified with an invasive exploration method such as drilling. ©2014 GEOTECHNOLOGY,INC. FROM THE GROUND UP I-1DR Engineering,Inc. P023037.01 May 22,2014 Revised Page 5 * * * * * * * If this proposal is acceptable, please sign the attached Terms for Geotechriology's Geophysical Services and return a copy for our files. Feel free to call either of the undersigned if you have questions or comments. We appreciate the opportunity to submit this proposal and look forward to working with you on this exciting and important project. Respectfully submitted, GEOTECIMOLOGY, ‘ '12,/• Jeremy S.itrohmeyer,P.G. Douglas .Lambert,R.G. Project Manager—Geophysics Geophysical Group Manager JS S/1)'WL/DTIC:j ss/jsj Enclosure: Terms for Geotechnology's Geophysical Services • • 02014 GEOIECEINOLOGY,INC. FROM THE GROUND UP 41,printed or recrnd parr I GEOTECHNO1OGYR- FROM THE GROUND UP TERMS FOR GEOTECHNOLOGY'S GEOPHYSICAL SERVICES I- THE AGREEMENT a. This AGREEMENT is made by and between:Geotechnology,Inc.hereinafter referred to as GEOTECHNOLOGY,and HDR Engineering, Inc.hereinafter referred to as CLIENT. b. The AGREEMENT between the parties consists of these TERMS, the attached PROPOSAL identified as Proposal No. P023037.01 REVISED,dated May 22,2014,and any exhibits or attachments noted in the PROPOSAL. Together,these elements will constitute the entire AGREEMENT superseding any and all prior negotiations,correspondence,or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. c. This proposal is valid for 90 days from May 22,2014. d. It is intended by the parties to this AGREEMENT that GEOTECHNOLOGY'S services in connection with the project shall not subject GEOTECHNOLOGY'S individual employees,officers or directors to any personal legal exposure for the risks associated with this project. Therefore,and notwithstanding anything to the contrary contained herein,CLIENT agrees that as the CLIENT'S sole and exclusive remedy, any claim,demand or suit shall be directed and/or asserted only against GEOTECHNOLOGY,a Missouri corporation,and not against any of GEOTECHNOLOGY'S employees,officers or directors. 2- STANDARD OF CARE a. CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings,surveys,or explorations are made, and that site conditions may change with time. Geophysical exploration methods are non-intrusive,indirect,and potentially influenced by a variety of natural or man-made conditions. The potential for detecting the presence or absence of underground objects or voids or for determining other subsurface features or characteristics is based on the quality of the recorded data as limited by site conditions,and on the interpretation of the data received;hence,there will always be the potential of not observing a subsurface object or void or interpreting the presence of a subsurface object or void where one does not exist. Data,interpretations,and recommendations by GEOTECHNOLOGY will be based solely on information available to GEOTECHNOLOGY. GEOTECHNOLOGY is responsible for those data,interpretations,and recommendations,but will not be responsible for other parties'interpretations or use of the information developed. b. GEOTECHNOLOGY offers different levels of services to suit the desires and needs of different clients. Although the possibility of error can never be eliminated,more detailed and extensive services yield more information and reduce the probability of error,but at increased cost. CLIENT has reviewed the scope of services and has determined that it does not need or want a greater level of service than that being provided. Geotechnology can make no interpretation as to the presence or absence of underground features at locations beyond the specific locations surveyed. c. GEOTECHNOLOGY will strive to perform its services in a manner consistent with the level of care and skill ordinarily exercised by members of the geophysical profession practicing contemporaneously under similar conditions in the locality of the project. Nothing in this contract shall be construed to constitute an expressed or implied warranty,including(but not limited to)any warranty of merchantability or fitness for a particular use. 3- SITE ACCESS AND SITE CONDITIONS a. CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for GEOTECHNOLOGY to perform the services set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted GEOTECHNOLOGY free access to the site. 4- MONITORING a. If GEOTECHNOLOGY is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or to observe other field activities as set forth in the PROPOSAL, then this paragraph applies. For the specified assignment, GEOTECHNOLOGY will report observations and render professional opinions to CLIENT. No action of GEOTECHNOLOGY's site representative can be construed as altering any AGREEMENT between CLIENT and others. GEOTECHNOLOGY will report to CLIENT observed conditions related to services that GEOTECHNOLOGY has been retained to perform. GEOTECHNOLOGY has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for CLIENT. Furthermore,GEOTECHNOLOGY's presence on site does not in any way guarantee the completion of quality of the work of any party retained by CLIENT to provide field or construction-related services. b. GEOTECHNOLOGY shall not be required to sign any document,no matter by whom requested,that would result in GEOTECHNOLOGY having to certify,guarantee,or warrant the existence of conditions whose existence GEOTECHNOLOGY cannot ascertain. CLIENT agrees not to make resolution of any dispute with GEOTECHNOLOGY or payment of any amount due to GEOTECHNOLOGY in any way contingent upon GEOTECHNOLOGY signing any such document. • • 5- JOBSITE a. Unless indicated otherwise in the PROPOSAL, GEOTECHNOLOGY will not be responsible for and will not have control or charge of specific means,methods,techniques,sequences or procedures of construction or other field activities selected by any agent or agreement of CLIENT,or safety precautions and programs incident thereto. GEOTECHNOLOGY shall be responsible only for its activities and that of its employees on any site. Neither the professional activities nor the presence of GEOTECHNOLOGY or its employees or its subcontractors on a site shall imply that GEOTECHNOLOGY controls the operations of others, nor shall this be construed to be acceptance by GEOTECHNOLOGY of any responsibility for jobsite safety. 6- BILLING AND PAYMENT a. CLIENT will pay GEOTECHNOLOGY in accordance with the procedures indicated in the PROPOSAL and its attachments. Invoices will be submitted to CLIENT by GEOTECHNOLOGY,and will be due and payable upon presentation. If CLIENT objects to all or any portion 0 2014 GEOTECHNOLOGY,INC. 1 of 4 PO23037.01 REVISED of any invoice,CLIENT will so notify GEOTECHNOLOGY in writing within fourteen(14)calendar days of the invoice date,identify the cause of disagreement,and pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. The absence of written notification described above,shall constitute an unqualified acceptance of the invoice amount due and payable,and waiver by CLIENT of all claims with respect thereto. b. Invoices are delinquent if payment has not been received within thirty (30) calendar days from date of invoice. CLIENT will pay an additional charge of one(1.0)percent per month on any delinquent amount. Failure by CLIENT to pay within sixty(60)calendar days as required in this AGREEMENT shall give GEOTECHNOLOGY the right to consider CLIENT in breach of this AGREEMENT. In the event CLIENT fails to pay GEOTECHNOLOGY within ninety(90)calendar days after invoices are presented,CLIENT shall,to the fullest extent permitted by law,waive any claim against GEOTECHNOLOGY and indemnify and hold GEOTECHNOLOGY harmless from any claims made by third parties. c. GEOTECHNOLOGY may elect to adjust its rates under this AGREEMENT to account for changes in overhead rates and salary adjustments no sooner than one year from the date of this AGREEMENT,and no more often than once per year at the end of each subsequent year. 7- TERMINATION a. This AGREEMENT may be terminated by either party seven(7)days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other party,or if CLIENT suspends the work for more than three (3)months. In the event of termination, GEOTECHNOLOGY will be paid for services performed prior to the date of termination plus reasonable termination expenses,including,but not limited to the cost of completing analyses,records,and reports necessary to document job status at the time of termination. 8- ALLOCATION OF RISK 8.1 LIMITATION OF LIABILITY a. In recognition of the relative risks and benefits of the project to both CLIENT and GEOTECHNOLOGY, the risks have been allocated such that CLIENT agrees that the total liability of GEOTECHNOLOGY,its shareholders,directors,officers,employees, and agents,to CLIENT is limited to$50,000 or the project fee,whichever is greater,for any and all injuries,damages,claims,losses, expenses,or claim expenses(including attorney's fees)arising out of this agreement from any cause or causes. Such causes include, but are not limited to, GEOTECHNOLOGY'S negligence, errors, omissions, strict liability, statutory liability, negligent misrepresentation,breach of contract,breach of warranty,or other acts giving rise to liability based on contract,tort or statute. If CLIENT prefers to have higher limits of liability coverage,GEOTECHNOLOGY agrees,upon receipt of CLIENT'S written request at the time of accepting our PROPOSAL,to increase the limits of liability up to a maximum of$1,000,000.00 at an additional cost of 5 percent of our total fee or$500.00,whichever is greater. b. Neither party shall have any liability to the other party for loss of product,loss of profit,loss of use,or any other indirect,incidental, special or consequential damages incurred by the other party. 8.2 INDEMNIFICATION a. Subject to the provisions of the Limitation of Liability described in 8.la. above,CLIENT and GEOTECHNOLOGY each agree to indemnify the other party and the other party's officers,directors,partners,employees,and representatives, from and against losses, damages, and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are found to be caused by a negligent act,error,or omission of the indemnifying party or any of the indemnifying party's officers, directors, members, partners, agents, employees, or subconsultants in the performance of services under this AGREEMENT. If claims,losses,damages,and judgments are found to be caused by the joint or concurrent negligence of CLIENT and GEOTECHNOLOGY, they shall be borne by each party in proportion to its negligence. b. CLIENT shall indemnify and hold harmless GEOTECHNOLOGY, its agents, subcontractors, directors,officers, and employees, from and against any and all claims,suits,liability,damages,injunctive or equitable relief,expenses,including reasonable attorney's fees or other loss arising from damage to subterranean structures or utilities which were not adequately shown on plans furnished by CLIENT to GEOTECHNOLOGY in advance of our work or the discovery of unanticipated hazardous materials or suspected hazardous materials,including,but not limited to,any costs created by delay of the project and any costs associated with possible reduction of the property's value. 9- CONTINUING AGREEMENT a. The indemnity obligations and limitations of liabilities established throughout this AGREEMENT,regardless of paragraph number shall survive the assignment,transfer,expiration or termination of this AGREEMENT. 10- HAZARDOUS MATERIALS a. CLIENT understands that GEOTECHNOLOGY'S services under this AGREEMENT are limited to geophysical surveying 'and that GEOTECHNOLOGY shall have no responsibility to locate,identify,evaluate,treat or otherwise consider or deal with hazardous materials. CLIENT shall be solely responsible for notifying all appropriate federal, state, municipal or other governmental agencies, including the potentially affected public,of the existence of any hazardous materials located on or in the project site,or located during the performance of this AGREEMENT. The existence or discovery of hazardous materials shall constitute a Changed Condition under this agreement. 11- PREVAILING WAGE AND UNION MEMBERSHIP a. Unless CLIENT specifically informs GEOTECHNOLOGY in writing or it is specifically identified in our proposal that prevailing wage regulations or union membership are required for the Project and the Scope of Services identifies it as covered,CLIENT will reimburse, defend,indemnify and hold harmless GEOTECHNOLOGY from and against any liability resulting from a subsequent determination that prevailing wage regulations or union membership cover the Project,including all additional costs,fines and attorneys'fees. 2014 GEOTECHNOLOGY,INC. 2 of 4 P023037.01 REVISED 12- THIRD PARTY RELIANCE UPON REPORTS a. All Documents are prepared solely for use by CLIENT and shall not be provided to any other person or entity without GEOTECHNOLOGY'S written consent. CLIENT shall defend, indemnify and hold harmless GEOTECHNOLOGY, its officers, shareholders and employees,from and against any action or proceeding brought by any person or entity claiming to rely upon information or opinions contained in reports or other documents provided to such person or entity, published, disclosed or referred to without GEOTECHNOLOGY'S written consent. 13- NON-SOLICITATION OF EMPLOYEES a. CLIENT recognizes that GEOTECHNOLOGY,as a part of the services covered by this AGREEMENT,may provide one or more of its employees to work with members of CLIENT'S project staff or specifically on a CLIENT'S project. For purposes of this AGREEMENT,an employee of GEOTECHNOLOGY may be a permanent or temporary employee assigned to provide services to CLIENT. CLIENT hereby agrees that CLIENT will not hire,either directly or indirectly,or provide inducement to hire an employee of GEOTECHNOLOGY either as an employee of CLIENT or as an employee of a subcontractor or supplier to CLIENT,such suppliers to include providers of contract labor, during the term of this AGREEMENT and for a period of six months after the termination of this AGREEMENT. Any hiring or inducement to hire any GEOTECHNOLOGY employee during the term of this AGREEMENT and for a period of six months after termination of this AGREEMENT will be subject to a fee equal to 25%of the total fee for services generated by that employee during a nominal 12-month period. 14- ELECTRONIC DOCUMENTS a. All drawings, specifications and/or other documents prepared by GEOTECHNOLOGY or its subconsultants in electronic or other machine-readable format(Electronic Documents)are provided merely as a convenience to the CLIENT in connection with the CLIENT's performance of its responsibilities and obligations relating to the services. Electronic Documents do not replace or supplement the paper drawings,specifications or other documents prepared by GEOTECHNOLOGY. b. CLIENT agrees not to add to,modify or alter in any way,or to allow others to add to,modify or alter in any way,Electronic Documents or any printed copies thereof,unless CLIENT has received the express written consent of GEOTECHNOLOGY to do so. 15- DISPUTES RESOLUTION a. All claims,disputes,and other matters in controversy between GEOTECHNOLOGY and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to mediation as a condition precedent to litigation. Notwithstanding any other provision of the Agreement,unless prohibited by law,GEOTECHNOLOGY shall have,in addition to any other right or option set forth herein,the right to proceed in creating a lien upon the building or other improvements and upon the real estate on which the building or improvements are situated for the work and labor done and the labor and materials furnished on and to said real estate and to enforce its mechanic's lien pursuant to all rights and remedies available to it under law. b. If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation,then: (1) the claim will be brought and tried in St. Louis County, Missouri and CLIENT waives the right to move the action to any other county or judicial jurisdiction,and (2) the prevailing party in any arbitration or litigation between GEOTECHNOLOGY and CLIENT shall be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys'fees,expert witness,and other claim related expenses. For purposes of this paragraph, a party prevails if(a)the judgment is equal to or in excess of the Plaintiff's last written demand for settlement,the Plaintiff shall also be entitled to recover its costs,expenses and reasonable attorney's fees from Defendant;(b)the judgment is equal to or less than the Defendant's last written offer of settlement,the Defendant shall be entitled to recover its costs, expenses and reasonable attorney's fees from the Plaintiff; (c)the judgment is in between the Plaintiff's last written demand for settlement and the Defendant's last offer of settlement,then neither party shall recover any of its costs,expenses or attorney's fees from the other. 16- GOVERNING LAW AND SURVIVAL a. The law of the State of Missouri will govern the validity of these TERMS,their interpretation and performance. b. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. 17- SUCCESSORS AND ASSIGNS a. This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Neither party may assign its interests herein(unless assignee assumes in writing assignor's obligations hereunder)without the prior written consent • of the other party,which consent will not be unreasonably withheld. No assignment shall operate to relieve the assignor of its obligations under the AGREEMENT. 18- OTHER PROVISIONS a. It is agreed that this AGREEMENT is entered into by the parties for the sole benefit of the parties to the AGREEMENT,and that nothing in the AGREEMENT shall be construed to create a right or benefit for any third party. b. Neither party shall hold the other responsible for damages or delay in performance caused by weather and other acts of God, strikes, lockouts,accidents,or other events beyond the control of the other or the other's employees and agents. c. The titles used in this AGREEMENT are for general reference only and are not part of the AGREEMENT. ©2014 GEOTECHNOLOGY,INC. 3 of 4 P023037.01 REVISED 19- FUTURE SERVICES a. All future services including, but not limited to,review of plans and specifications, construction monitoring,and post-construction work, rendered by GEOTECHNOLOGY at CLIENTS request for the project described in the PROPOSAL shall be conducted under the terms of this AGREEMENT. 20- SIGNATURES a. The parties have read the foregoing, including any attachments thereto, understand completely the terms, and willingly enter into this AGREEMENT that will become effective on the date signed below by CLIENT. IIDR Engineering,Inc. Geote no ogy,In (Signature) • (Signature) L By: (Print Name) By: Douglas .Lambert,R.G. (Print Name) Position: Position: Geophysical Group Manager Date: Date: May 22,2014 tf 0 2014 GEOTECHNOLOGY,INC. 4 of 4 P023037.01 REVISED ATTACHMENT C NON-GEOTECHNICAL SUBCONSULTANT FEE PROPOSALS City of Omaha Missouri River Levee Certification Scope of Services July 24,2014 r a " v � ; .'���: K?��.{.«,�^�t, '�-:r a��..,? �a . •'- �.> ,..,., i �F.�ex.. . w.�,` ror�' �•�,.� �»>:�',.,..��'�s., �.•:��4,� =�:; a•fie akt....... 1 LAMP RYNEARSON ASSOCIATES ENGINEERS ) SURVEYORS j PLANNERS July 30 2014 14710 W. Dodge Rd„Ste. "100 }� , Omaha,Nebraska 68154 III 402,496,2498 In 402,496.2730 www.LRA-Inc.corn VIA EMAIL Mr,John Engel HDR Engineering, Inc. 8404 Indian Hills Drive Omaha, NE 68114-4049 join:engele"ihdr nc.corri REFERENCE: Proposal for Survey and Civil Engineering Services City of Omaha Levee Certification—Phase 1 Omaha, Nebraska Dear Mr. Engel: Lamp, Ryrlearson & Associates, Inc. (LRA) is pleased to present this Memorandum of Understanding (MOU) for LRA's Scope of Services to i-IDR, Inc. (CLIENT) to provide civil engineering services associated with the City of Omaha Levee Certification —Phase 1. We understand that the scope of our services for this project will include the following tasks. SCOPE OF SERVICES A. Survey 1. Horizontal Control a. Nebraska State Plane Coordinates, NAD 83, Modified to Ground. b. Scale Factor.TBD: c. Control points consisting of a 5/8"X 24" rebar or a similar material as deemed appropriate to the area involved will be established at approximately 800' intervals. 2. Vertical Control a North American Vertical Datum of 1988(NAVD88): b. Control points will be established at permanent structures deemed suitable to minimal vertical movement 3. Boundary Survey(Relief Well Areas Only) a, ;Establish property lines of individual property owners within. b. Recorded or otherwise•known easements and rights-of-way, as revealed by a City provided title search or title commitment with supposing documentation. 4: Proposed Easements(Relief Well Areas Only) a. Permanent Easements 1) Provide one Exhibit Drawing With easement area description for each privately owned parcel. b. Temporary Easements teavif9 d Legoor of Enuring,r '►prrovemenfs Our CO unifie - PURPOSE AC 'E Proposal for Survey and Civil Engineering Services City of Omaha Levee Certification—Phase 1 July 30, 2014 Page 2of5 1) Provide one Exhibit Drawing with easement area descriptions for each privately owned parcel. 5. Topographic Survey a. Planimetrics including buildings,fences, paving,retaining walls, surface utilities, etc. b. Vegetation including trees 6" in diameter and larger(groupings of trees will be outlined). c. Location of utilities existing on or serving the surveyed property as determined by observed evidence and markings by utility companies and other appropriate sources. d. Record location of sanitary and storm sewers as indicated per City Sewer Quarter Section sheets and Douglas County GIS information. e. Type,size, depth, and direction of flow of storm and sanitary sewer on and within 25 feet of site as accurately,as possible without entering manholes. f. Contour lines at 1-foot and 5-foot intervals. g. Finish floor elevations on all buildings within project corridor. 6. Geotechnical a. Stake the proposed location of 18 conventional bore holes, 12 Geo Probes and 6 CPT soundings. b. Determine the project coordinate values of the actual location of the 18 conventional bore boles, 12 Geo Probes and 6 CPT soundings once completed. 7. Assumptions a. Project corridor length is approximately'13,5 miles long extending from the Missouri River Waste Water Treatment Plant north to Florence.'Boulevard. b. Relief well topographic survey will consist of 4 areas 50 feet in width from land side toe of levee and 500 feet in length parallel with the levee. c. Surveyed property lines will only be shown in relief well areas and will not consist of more than two(2) properties owners per area. d. Surveyor's Certificates of the parcels will not be required. e. Proposed relief well easement area boundaries Will be provided to LRA in an AutoCAD format. f. Project corridor width is as follows: 1) Typical levee sections—Approximately 70 foot wide corridor from toe to toe of levee. 2) Levee within Gallup University/Riverfront Place--10 foot wide corridor centered on levee alignment to be provided to LRA. . . 3) Floodwall section—Approxirnately 2 foot wide corridor including the top of floodwall and ground andior°top of force main enclosure elevations along either side of floodwll. 4) TieBack Levee—Not included as a part of this proposal. g. City of Omaha standards regarding CAD drawings will be utilized. h. GPS will be utilized as the primary surveying method. i. Surveyor's Certificates of the parcels will not be required. Proposal for Survey and Civil Engineering Services City of Omaha Levee Certification- Phase 1 July 30, 2014 Page 3of5; j. LRA will coordinate with Nebraska One Call for underground utility locating for topographic survey. k. Public Works will assist in the opening of flood gates and other backflow prevention devices in order to obtain invert elevations. I. The project includes approximately 60 levee penetrations and 1.6 pump stations. m. LRA will.coordinate with Burlington Northern Railroad, Canadian National Railroad and Union Pacific Railroad to contact,flagman when needed for topographic survey. n. LRA field staff will be trained in RoadwayWorker Protection Training, e-Raiisafe and Burlington Northern and Union Pacific Contractor's Orientation. o. City will complete and submit all Railroad Temporary Occupancy permits along with all associated permit fees. p. City will pay all railroad flagman fees. q. LRA will not be responsible for contacting railroad flagman or contacting Nebraska One Call for geotechnical related activities. r. 16 site visits are included to both stake and locate the actual location of the 36 geotechnical test sites. 8. Optional items a. Coordinate with a utility location service to locate private utilities. 1) MA Locating, Inc-$100.00 per hour. B. Levee Penetration Condition Review 1. Attend one overall project kick-off meeting. 2. Review levee plans, O&M manuals, record drawings and other existing information. 3. Review CCTV provided by the City of Omaha. 4. Attend site visits with City of Omaha staff to observe and document condition of flap gates and closure,gates. 5. Develop a: spreadsheet and maps documenting penetration locations, condition levels, and summary of deficiencies. 6. Attend project meetings as required. Levee Penetration Condition Review Assumptions 1 The City of Omaha will conduct all CCTV/ work or other sewer walk-through information, and will provide the videos to LRA for review. 2 LRA will not perform confined space entry inspections. 3 Alternative analyses for rehabilitation alternatives will be completed under a separate project phase. 4. Preliminary and final plan submittals will be completed under a separate project phase. C. Interior Drainage Analysis 1. Assist in determining hydraulic and hydrologic model input parameters. 2. Assist with interior drainage model setup. 3, Review model results-and assist with calibration. Proposal for Survey and Civil Engineering Services City of Omaha Levee Certification—Phase 1 July 30, 2014 Page 4 of 5 4. Assist with interior drainage analysis. 5.. Attend project meetings as required. 6. Provide technical reviews on interior drainage technical memorandums and other required reports. Interior Drainage Analysis Ass mptions 1. Hydraulic and hydrologic modeling will be completed by others using InfoWorks. 2. Technical memorandums, hydrologic and hydrologic reports and other required technical reports will be completed by others. 3. LRA has assumed 100 total hours of assistance for this task. D. Eppley Airfield Coordination 1, LRA will provide assistance with communication and coordination with Eppley Airfield staff. 2. LRA will attend meetings with the airport staff as necessary. Eppley Airport Coordination Assumptions 1. LRA has assumed 24 hours for Eppley Airfield coordination. SCHEDULE We will coordinate the project schedule with the CLIENT. COMPENSATION We propose to bill for our services on the basis of hourly charge rates plus reimbursable expenses incurred. For the tasks listed above, we anticipate that the approximate amount of our fees will be as listed below.A detailed breakdown of our estimated fees is attached. Survey $154,000' Levee Penetration Condition Review $61,000' Interior Drainage Analysis $16,000' Eppley Airfield Coordination $5200 Subtotal $236,200 Optional Services Private Locating Services(assuming 100 hours) $10,000 Proposal for Survey and Civil Engineering Services City of Omaha Levee Certification Phase 1 July 30, 2014 Page 5 of We appreciate the opportunity to present this Memorandum of Understanding and look forward to assisting you in the successful completion of this project.We would be glad to discuss any questions you may have, Please refer questions to Mike Mcintosh, our Project Manager. If LRA is selected for the project, the scope of services, including any mutually agreed upon modifications, will be attached to a detailed agreement for.professional services. If this Memorandum of Understanding is acceptable, we ask that:you acknowledge by signing below and returning one signed copy to us. Sincerely, LAMP, RYNEARSON &ASSOCIATES, INC. 7,k, /7 144W LI. Michael P. McMeekin, P.E. Mi ael P.Mclnto , P.E., GEM President Senior Project Manager Accepted By John Engel, HDR, Inc. Date 91121't ngineen1)91_Plopasak 8,Acjceenie Ft \ n pneel,,,,A2FF itAlli101'1 if)1-; 140/203 dock J t Lame ax e' ►I „,, .;0' '6 A+ cat s, Ifac. 'I.0.1 -N T r wire l ''', . .__ „ . ..Omaha.NebraeI 1 $ ,,,_ PROJECT TITLE:Omaha Levee's LOCATION:MRWWTP to Minni Lusa DATE:06/17/14 Land Eng/CAD Classification: Group Leader Surveyors Survey Crew Tech Group Leader Sr Survey PM Sr Eng Tech Associate: II I Survey Crew IV Subtotal of Subtotal of Hourly Rate: $160.00 $130.00 $185.00 $100.00 $0.00 hrs per item fee per item Survey Utility One Call Coordination 50 50 $5,000.00 O $0.00 Levee Topo 0 $0.00 11.0 mile typ levee sec(Toe to Toe) 33 150 104 287 $42,440.00 1.1 mile Gallup/Riverfront(10'strip) 3 18 8 29 $4,520.00 1.1 mile Floodwall(Top wall&ground) 3 18 16 37 $5,320.00 0.6 mile TieBack Levee-NA 0 $0.00 O $0.00 Relief Wells 0 $0.00 Topo-4 areas @ 25'X500' 12 32 32 76 $10,680.00 Boundary(8 properties) 120 28 40 188 $24,780.00 Easements(8 perm&8 temp) 40 40 80 $9,200.00 0 $0.00 Rail Road-Permits 0 $0.00 BNSF(2.5 mile) 20 20 $2,600.00 CN(1 mile) 20 20 $2,600.00 UPRR(1.0 mile in 4 areas,w/oTieBack) 30 30 $3,900.00 O $0.00 GeoTech(Stake&As-Built) 0 $0.00 18 Conventional Bores(6 trips) 6 24 30 $5,220.00 6 CPT Soundings(4 trips) 4 16 20 $3,480.00 12 Geo Probes(4 trips) 6 24 30 $5,220.00 O $0.00 Control Network 10 20 70 100 $17,150.00 O $0.00 Misc/Meetings 10 16 26 $3,680.00 O $0.00 Subtotal of hours per associate 20 333 380 290 0 s ± III Subtotal of fee per associate $3,200.00 $43,290.00 $70,300.00 $29,000.00 $0.00 Labor K41411001) Reimbursable Expenses 5.00% $7,289.50 Contingency 0.00% $0.00 Task Total i 'r§p: t5 Summary Total Of Hours Per Associate 20 333 380 290 0 Millifiktiligl Total Of Fee Per Associate $3,200.00 $43,290.00 $70,300.00 $29,000.00 $0.00 Labor ti$14 g Reimbursable Expenses 5.00% $7,289.50 Contingency N/A $0.00 • Total Plow, Omaha Levee Proposal-Revised Fees-Survey.xls Version 1.0 6/18/2014 1 14710 W44%1 Dotile kood Om.hes N bAn1,0 681 4 al m LAMP RYNEARSON -, ... & ASSOCIATES 'F1440°144:662:3: .•'. EftellItERS 1 SURVEYORS I MANNERS PROJECT TITLE Proj.No.: LOCATION By: MikeMc DATE Project Engineer! Engineer! Engineer/ Classification: Principal Manager Designer Designer Designer Office Technician Associate: Principal PM II ENG I ENG II STR ENG II ADMIN T II Subtotal of Subtotal of Hourly Rate: $225.00 $170.00 $80.00 $120.00 $150.00 $65.00 $115.00 hrs per item fee per item Penetration Reviews Overal Team Kick-Off Meeting 2 2 2 6 $1,030.00 Project Management 2 30 32 $5,550.00 Review Existing Data 4 40 20 64 $6,280.00 Review CCTV/Videos 12 40 4 56 $7,440.00 Site Visits with City for all Penetrations 20 60 60 140 $19,600.00 Develop Deficiency Spreadsheet 2 12 40 16 16 86 $10,730.00 Attend Project Meetings 4 16 10 16 5 51 $7,090.00 O $0.00 Subtotal of hours per associate 10 96 50 178 85 16 0 74111114gllitRl'' Subtotal of fee per associate $2,250.00 $16,320.00 $4,000.00 $21,360.00 $12,750.00 $1,040.00 $0.00 Labor 791442a* Reimbursable Expenses 5.00% $2,886.00 Contingency 0.00% $0.00 Task Total 1't24601046,00 II Interior Drainage Review,Coordinate and Assist with Analysi 80 20 100 $15,200.00 o $0.00 .. , .- Subtotal of hours per associate 0 80 20 0 0 0 0 01141001iille Subtotal of fee per associate $0.00 $13,600.00 $1,600.00 $0.00 $0.00 $0.00 $0.00 Labor iZga0)00 Reimbursable Expenses 5.00% $760.00 Contingency 0.00% $0.00 Task Total illIZEDID Eppley Coordination Assist with Eppley Coordination 16 8 24 $4,960.01 O $0.00 Subtotal of hours per associate 16 8 0 0 0 0 0 iiiMitam Subtotal of fee per associate $3,600.00 $1,360.00 $0.00 $0.00 $0.00 $0.00 $0.00 Labor El o stiowA Reimbursable Expenses 5.00% $248.00 Contingency 0.00% $0.00 . . . Task Total 1045100804 City Levee Penetrations Fee Estimate.xlsm Version 1.1 6/4/2014 r�r,. 1‘1,11, cs.„ i Services Date Quote# tD 1200err a Lane 5-14-14 28557 Central 1 Mum:1y,,NE 684 9 ' 402-660-8806 ENC. Quote for Services Central States Inspection Services Inc. Ship To: HDR, Inc. 1200 Deer Run Lane 8404 Indian Hills Dr. Murray,NE 68409 Omaha,NE 68114 402-660-8806 Contact Contact Phone Contact Cont. Email Expires Name Fax Vicki 402-926-7190 Vicki Twerdochlib@hdrinc.com 12-31-14 Twerdochlib Currency Your Sells Rep. Rep Phone Email Terms Lead Time US Dollar Shawn Owens 402-660-8806 csisinc@yahoo.com Net 30 1 week Job Description: On site Ultrasonic thickness inspection for Pile. Service Description Billing Rate Amount On Site UT Onsite Inspection for thickness 4 hrs. $74.50/hr. $298.00 inspection readings, One tech. UT Equipment Equipment and consumables 2 units 14.50/Unit 29.00 Travel Mileage from portal to portal 50 miles 1.01 /mile $50.50 Safety Safety and compliance Surcharge 1 7.00/invoice $7.00 384.50/trip Training Railroad safety Training one time 3 hours 74.50/hour 223.50 charge for online Training and fees Total /Trip $384.50 $384.50 x 4 total trips Total 4 trips $1538.00 Total Quote $1761.50 Notes: • • All services are charged Portal to Portal. • Hourly fees apply to the hours of 8:00 a.m.to 5:00 p.m.,Monday thru Friday. Overtime rates will be charged for any time over 8 hours in any day and before 8:00 a.m.and after 5:00 p.m.unless quoted otherwise. • Four-hour minimum charge on services unless quoted otherwise.Any work performed over four hours will be billed at eight hours.All work performed on Saturday,Sunday,and holidays will be billed at eight hours minimum • Overtime on Saturday is at a rate of one and one half times the regular hourly rate. Overtime on Sunday and holidays is at a rate of two times the regular hourly rate. • 9.5%monthly late charge on all accounts due past 15 days. DRAFT Levee Evaluation Report Outline 1. INTRODUCTION a. Background b. Project Area c. Purpose 2. LEVEE INFORMATION a. Existing Levee System b. Historical Flood Events 3. LEVEE EVALUATION AND DESIGN REQUIREMENTS a. Accreditation Requirements b. USACE PL 84-99 Requirements 4. EXISTING CONDITION ASSESSMENT a. Data Collection b. Field Work c. Freeboard d. Embankment Protection e. Interior Drainage f. Penetrations Evaluation g. Closure Structures h. Embankment and Foundation Stability i. Settlement Analysis j. Floodwall Analysis k. Operations and Maintenance Plan I. Additional Considerations i. Right-of-Way ii. Utilities iii. Environmental City of Omaha Missouri River Levee Certification Scope of Services July 24,2014 Level of Effort and Fee Estimate City of Omaha F Levee Certification-Phase I:Data Collection and Evaluation �, IB '"'S"€ ;.Mia.4evel J n ,# 70�hntea - ,.:Sdn'br .Midlevel +ithlCADO ;ciRtl5al- Addriipfipn = 'INMr eF fNor LM 0OP — 'f i '` i Y. 1 ..ti 7 I TO ncabo "r ' .A. :: -- ','7:1:. ,$. l01 to 0,.S.. TOTA .x a . „ - w - Any. ,-.. -r 16- -- 18 122 110 Pro•--Man•emeM 78 28 _ - ---- --- - _._.. -4 4 28120 Coo-Off Me 8 _.. --- --_. "_ 28 16 10 4 128 - Coordination Meeting Ndes - - - - _ _ 16 - --_ _ 4 20 130 FEMA Conference Call(max of 21_ 8 8 16 _--_ 32 USAGE Mee'•s Design criteria,testing,deei.n-max of4) 16 _ 20 _-_- - 16 16 68 Prehee Meeting Notes 4 _ 4 8 Subtotal Labor Hours 98 28 _ 8 134 0 0 48 32 10 32 16 406 - - - - --- SuMolelLabor Charges $ 19.104,00 $ fi,160.00 $ 1,572.00 S 19,028.00 $ - $ - $ 10,080.00 IMM1,I,00.00 $ 1,01000 $ 2,208.00 $ 1,424.00 $ 64,826.00 So So W 30 210 !neat Sire Visit - 24 24 ' I -- --220 Coles Data __20 56 36 48 160 __ __... Interview City Stag __. - -._ .... - fi 6 6 I� _... III _ - _ Update NOR Catalog - -- - -- _ P .-reSubsurfaceProfde 20 ` 1 (_ sill _ ' -- Perform Gap Analyse 8 20 \. 230 Define Design Criteria ------ 20 28 - _ r Prepare Dew n Cnlena TM 6 20 40 Submit Design Cntena TM 4 240 Confirm Boring Locabon Plan Define Sod T ti•New Sod Sam evlew8 •L••s _ 24 � I_-_lit ---Field Support/Consult u4th Sube ultaMa 4 72 1L._.. .._- ®' $154 39O 250 Survey Support ----_-- - 3,887 Develop Baseman __ ._ 24 ,� . -�- 317 260 Field Support with Sheet Pile Testing Subconsultants 8 16 - Coordinate With City on BNSF Permit _ 6.._ _ -_ - I I __. ,I-.. -. __ 41,9J8 Minor Section 408 for borings yfd tees pits _ - 8 po_ . -.. - _—_ 1 _ _-- IIIIIM $ 1,76000 $ 8,316.00 �• . _ sue SOO 3173887 11,939 300-LEVB S pTEMT:A lV ..IIIIMEMIWIM _ _ Design Specific Site Visits - -_� 32 .•52 84 - -Freeboard 4 32 72 PenelClo ureret nAnely St ucture si Anaysis 8 54 10 lili —. - -- - - -_. - - 4 4 I II. .-_ 566,667 Embankment Protection 4 28 48 I -- --- EmbankmenllFoundallon SWbI� 4 212 ,. Settlement - Floodwa9 Analysis 6 14 82 -- - Interim Drainage 20 � 460 SB --_ _.. 57,soO OBM Plan -.. -._ ..- _.. 2 40 8 8_... __.. ... -- -_ - Subtotal Labor Hours 20 0 118 688 528 12 140 264 124 72 0 1966 - — _- __.Subtotal Labor Charges $ 3, 0.00 $ - $22,302.00 $ 97 $7d67 SO ,fi96.00 $53.856.00 $ 1044.00 $ 29 _._ _ ---. -- -- 1111.111111111.... Levee Evelualion Report 12 60 30 32 32 166 __ Gtie- Mwl Analysis Report 24 30 60 40 8 162 OC and ITR 8 32 40 16 -._. Submit Final Levee Evalueeon R -_-_ _ 8 ....8 --.. __— 8 24 Subtotal Labor Labor Hans 8 32 _ 12 68 62 0 70 78 72 48 0 448 Subtotal Labor Charges $ 1,584.00 $ 7,040.00 $ 2,268.00 $ 9,656.00 $ 8,324.00 $ - $ 14,700.00 $ 9,500.00 $ 7,272 00 $ 3,312.00 $ - S 61,656.00 SO 3o s0 30 54 o•'._L- 5 60%Design 5 40 38 4 10 97 - 80%Draxnn98 8 8 1 2 80 99 60%Spedhcations Table of Contents 2 4 6 2 _ 14 -80%OPCC 4 4 4 12 _ 10 60%Submittal 4_--_-_.- 4 2 10 520 90%Design _- 4 8 69 8 16 105 _ 90%Drawings _. 8 _.. 24 _-- _—_ 2 —__..4 60 16 114 90%S. cations e 12 4 19 4390%OPCC 2 8 12 -__.____. __— __. ____ -_ - 4 __ — 12 _._ -_.. _— 7/2/2014 DC 8 .i- ._ .. _-'' `�NM OMR "ShE" ,, •-,#ve) -,_how `7o*h*00, .'$enf! '.r 7vM) _ tpADD' Clarfael "AaL.b0ntln0 '�" •%' Th7 w Gmr.ennalq}�' uw esis .. p7.k, ' ,. .- '; . r )tIt t Tec }L TbcNCoaf' EPpPaFt. C h ,.y - TOTAL x: i „ ����a„., T r �,�.ta�dDi,f i z�l1Da,�=�.. .+Ins�,:'�aa. s _::.162;��=; 67a6 p„� zlaoa' •b,���_t<+'n�6o s 6�nD.4� fisno y, . a 90%Submital 4 8 12 530 DC 408 Prepare 408 Submittal --... 8 4 16 24 6 58 64. 4— 168 --._— - Prepare 404 Application _ 120 32 Conduct Meeting with USAGE Regulatory == 4 ...._ _.__. 9 _._ . t2 4 12 QC 404 -_.— --- _ 18 Coordinate with City on Project BNSF A••royal _ ' -- Pepe.Grading Permit and SWPPP - r -__ -- 24 540 Biddi,Dacumene - _—_.__ — 2 16 4 26 Update OPCC _— 6 550 Provide Reaponsea to Potential Bidder Questions 4 Attend Pre-Bid Conference/Site Visa __- — I. 17Prepare Orro(1)Addendum _ _Attend Bid Opening - 4 imaR ew BM Tabs and Recommend Award _ _ _ ., MAII 10Subtotal Labor Hours .. 243 • 46 109 208 34 0 945Subtotal Labor Ch-.. 1111111 •'"]� " :." �" _- 3-"-- , ` ®$ 121 560.00 HDR Total Labor ..._ .1,...iii HDR Taal ExpThses.--- - -- -noes and vicarious Habib ) Subwrlau8ad-Thiele 0 (includes a 10%mark-up for administrative ex _----__ ---- r includes a 10%mark-u foradministrative wellies and vicarious UMW Subcanaupant-LRA : p SulwonsuleM-Geotech•.•, 104,390 includes a 10%mark-up for ad•ministrative expenses and vicarious liability) sii Subconsufam-CSIS includes a 10%mark-u•for administrative ex.nses and vicarious liab_li ) TOTAL FEE(NOT INCLUDING ADDITIONAL SERVICES) - _-"_- -.. __. 800-A 610 Prepare for 8 Attend Additional City Crmrdnatio Meetings 4. 12 ...... 12 620 Prepare for 8 Attend Additional USAGE Meekngs = 6 1111:=1.1 630 Addeonal Site WNW 16IIE _ 16 650 Additional Permitting Services _.. 8 24 r 650 Additional Bid-Phase Service 816 24 660 BoundanLSurvey and Easement Preparation _._..- 2 MIMEe__.—. MM 670 ROW Negotiation Services 680 Omaha Eppley Airport Domination 2 EMI_690 Private Utility Locates 2 _ Subtotal Labor Hoillielli.111111111 =11111111111111111 C=M11111 24 I222 $ MI 1S Tula L0hnr fn* Trin}6nibrt 1 • rt,(. _ F7,<. 3s:':7 .-* ; -iaSa.3`.-.LT s HDR Total Labor $ 738.188 HDR Total Expenses S 47,622 Subconsultant-Thiele $ 124,023(includes a 10%mark-up for administrative expenses and vicarious liability) SubcmnuNsd-LRA $ 257.783(includes a 10%mark-up far administrative expenses and vicarious liability) _ - Subno nultad-Geotechndogy $ 104.390(includes a 10%mark-up for administrative expenses and vicarious liability) Subcanultant-CSIS $ 1,938(includes a 10%mark-up for administrative expenses and vicarious liability) TOTAL FEE(INCLUDING ADDITIONAL SERVICES) $ 1,273,944 7/2/2014 HDR Engineering, Inc. Terms and Conditions for Floodplain, Dams and Levee Professional Services 1. STANDARD OF PERFORMANCE 6. CLIENT-PROVIDED SERVICES AND INFORMATION Notwithstanding any other provision of any contract term between the CLIENT will provide all criteria and information pertaining to the project in ENGINEER and the CLIENT,the standard of care for all professional CLIENT's possession,and any requirements or budgetary limitations. engineering,consulting and related services performed or furnished by The CLIENT agrees to bear full responsibility for the technical accuracy ENGINEER and its employees under this Agreement will be the care and content of CLIENT-furnished documents,information and services. and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time In performing services hereunder,it is understood by CLIENT that and in the same locality. ENGINEER makes no warranties,express or ENGINEER is not engaged in rendering any type of legal,insurance or implied,under this Agreement or otherwise,in connection with accounting services,opinions or advice. Further,it is the CLIENT's sole ENGINEER's services. responsibility to obtain the advice of an attorney,insurance counselor or accountant to protect the CLIENT'S legal and financial interests. ENGINEER and CLIENT agree that no other party is an intended or unintended third-party beneficiary of this contract,and that 7. SUCCESSORS AND ASSIGNS ENGINEER's duties run solely to CLIENT. OWNER and ENGINEER,respectively,bind themselves,their partners, successors,assigns,and legal representatives to the covenants of this 2. INSURANCE/INDEMNITY Agreement. Neither OWNER nor ENGINEER will assign,sublet,or ENGINEER agrees to procure and maintain,at its expense,Workers' transfer any interest in this Agreement or claims arising therefrom without Compensation insurance as required by statute;Employer's Liability of the written consent of the other. $250,000;Automobile Liability insurance of$1,000,000 combined single limit for bodily injury and property damage covering all vehicles,including 8. RE-USE OF DOCUMENTS hired vehicles,owned and non-owned vehicles;Commercial General All documents,including all reports,drawings,specifications,computer Liability insurance of$1,000,000 combined single limit for personal injury software or other items prepared or furnished by ENGINEER pursuant to and property damage;and Professional Liability insurance of$1,000,000 this Agreement,are instruments of service with respect to the project. per claim for protection against claims arising out of the performance ENGINEER retains ownership of all such documents. OWNER may of services under this Agreement caused by negligent acts,errors,or retain copies of the documents for its information and reference in omissions for which ENGINEER is legally liable. Upon request, connection with the project;however,none of the documents are OWNER shall be made an additional insured on Commercial General intended or represented to be suitable for reuse by OWNER or others on and Automobile Liability insurance policies and certificates of insurance extensions of the project or on any other project. Any reuse without will be furnished to the OWNER. ENGINEER agrees to indemnify written verification or adaptation by ENGINEER for the specific purpose OWNER for claims to the extent caused by ENGINEER's negligent acts, intended will be at OWNER's sole risk and without liability or legal errors or omissions. exposure to ENGINEER,and OWNER will defend,indemnify and hold harmless ENGINEER from all claims,damages,losses and expenses, 3. OPINIONS OF PROBABLE COST(COST ESTIMATES) including attorney's fees,arising or resulting therefrom. Any such Any opinions of probable project cost or probable construction cost verification or adaptation will entitle ENGINEER to further compensation provided by ENGINEER are made on the basis of information available to at rates to be agreed upon by OWNER and ENGINEER. ENGINEER and on the basis of ENGINEER's experience and qualifications,and represents its judgment as an experienced and 9. TERMINATION OF AGREEMENT qualified professional engineer. However,since ENGINEER has no OWNER or ENGINEER may terminate the Agreement,in whole or in control over the cost of labor,materials,equipment or services furnished part,by giving seven(7)days written notice,if the other party by others,or over the contractor(s)methods of determining prices,or substantially fails to fulfill its obligations under the Agreement through no over competitive bidding or market conditions,ENGINEER does not fault of the terminating party. Where the method of payment is"lump guarantee that proposals,bids or actual project or construction cost will sum,"or cost reimbursement,the final invoice will include all services and not vary from opinions of probable cost ENGINEER prepares. expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for 4. CONSTRUCTION PROCEDURES termination settlement costs ENGINEER incurs as a result of ENGINEER's observation or monitoring portions of the work performed commitments that had become firm before termination,and for a under construction contracts shall not relieve the contractor from its reasonable profit for services performed. responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of,and shall not 10. SEVERABILITY be responsible for,construction means,methods,techniques, If any provision of this agreement is held invalid or unenforceable,the sequences,procedures of construction,health or safety programs or remaining provisions shall be valid and binding upon the parties.One or precautions connected with the work and shall not manage,supervise, more waivers by either party of any provision,term or condition shall not control or have charge of construction. ENGINEER shall not be be construed by the other party as a waiver of any subsequent breach of responsible for the acts or omissions of the contractor or other parties on the same provision,term or condition. the project.ENGINEER shall be entitled to review all construction 11. INVOICES contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. ENGINEER will submit monthly invoices for services rendered and OWNER agrees to include ENGINEER as an indemnified party in OWNER will make prompt payments in response to ENGINEER's OWNER's construction contracts for the work,which shall protect invoices. ENGINEER to the same degree as OWNER. Further,OWNER agrees ENGINEER will retain receipts for reimbursable expenses in general that ENGINEER shall be listed as an additional insured under the accordance with Internal Revenue Service rules pertaining to the support construction contractor's liability insurance policies. of expenditures for income tax purposes.Receipts will be available for 5. CONTROLLING LAW inspection by OWNER's auditors upon request. This Agreement is to be governed by the law of the state where If OWNER disputes any items in ENGINEER'S invoice for any reason, ENGINEER's services are performed. including the lack of supporting documentation,OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been 1 (8/2012) settled,ENGINEER will include the disputed item on a subsequent, FULLEST EXTENT PERMITTED BY LAW,THE TOTAL AGGREGATE regularly scheduled invoice,or on a special invoice for the disputed item LIABILITY OF ENGINEER(AND ITS RELATED CORPORATIONS, only. SUBCONSULTANTS AND EMPLOYEES)TO OWNER AND THIRD OWNER recognizes that late payment of invoices results in extra PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF expenses for ENGINEER.that l ENGINEER r invoices the risut to assessxtra $100,000 OR ITS FEE,FOR ANY AND ALL INJURIES,DAMAGES, CLAIMS,LOSSES,OR EXPENSES(INCLUDING ATTORNEY AND OWNER interest at the rate of one percent(1%)per month,but not to EXPERT FEES)ARISING OUT OF ENGINEER'S SERVICES OR THIS exceed the maximum rate allowed by law,on invoices which are not paid AGREEMENT REGARDLESS OF CAUSE(S)OR THE THEORY OF within thirty(30)days from the date of the invoice. In the event LIABILITY,INCLUDING NEGLIGENCE,INDEMNITY,OR OTHER undisputed portions of ENGINEER's invoices are not paid when due, RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE ENGINEER also reserves the right,after seven(7)days prior written EXTENT THE DAMAGE IS PAID UNDER ENGINEER'S notice,to suspend the performance of its services under this Agreement COMMERCIAL GENERAL LIABILITY INSURANCE POLICY. until all past due amounts have been paid in full. 12. CHANGES 17. LITIGATION SUPPORT The parties agree that no change or modification to this Agreement,or In the event ENGINEER is required to respond to a subpoena, any attachments hereto,shall have any force or effect unless the government inquiry or other legal process related to the services in change is reduced to writing,dated,and made part of this Agreement. connection with a legal or dispute resolution proceeding to which The execution of the change shall be authorized and signed in the same ENGINEER is not a party,CLIENT shall reimburse ENGINEER for manner as this Agreement. Adjustments in the period of services and in reasonable costs in responding and compensate ENGINEER at its then compensation shall be in accordance with applicable paragraphs and standard rates for engineering services when gathering information and sections of this Agreement. Any proposed fees by ENGINEER are documents and shall pay ENGINEER its standard rates for providing estimates to perform the services required to complete the project as expert witness services when attending depositions,hearings,and trial. ENGINEER understands it to be defined. For those projects involving conceptual or process development services,activities often are not fully 18. MAINTENANCE OF STRUCTURES AND SYSTEMS definable in the initial planning. In any event,as the project progresses, CLIENT agrees that structures and systems studied,reviewed, the facts developed may dictate a change in the services to be analyzed or designed by the ENGINEER's are dependent upon performed,which may alter the scope. ENGINEER will inform OWNER CLIENTs continued operation and maintenance of the project of such situations so that changes in scope and adjustments to the time structures and systems in accordance with all,permits,laws and of performance and compensation can be made as required. If such regulations that permit the construction and operations of the change,additional services,or suspension of services results in an structure(s)and systems including any Engineer prepared operations increase or decrease in the cost of or time required for performance of and maintenance plans Should CLIENT fail to maintain the structures the services,an equitable adjustment shall be made,and the Agreement to be in full compliance permits,approvals,and operations and modified accordingly. maintenance plans,ENGINEER shall have no liability to CLIENT,and CLIENT shall indemnify,release and hold ENGINEER and its 13. EQUAL EMPLOYMENT AND NONDISCRIMINATION employees harmless from any liability resulting from any direct or In connection with the services under this Agreement,ENGINEER consequential damage resulting from such non-compliance,including agrees to comply with the applicable provisions of federal and state but not limited to claims made by third-parties against ENGINEER. Equal Employment Opportunity for individuals based on color,religion, sex,or national origin,or disabled veteran,recently separated veteran, 19.VISUAL INSPECTIONS other protected veteran and armed forces service medal veteran status, For visual inspections,CLIENT hereby releases, holds harmless, disabilities under provisions of executive order 11246,and other indemnifies and agrees to defend ENGINEER against any claims, employment,statutes and regulations,as stated in Title 41 Part 60 of the damages,losses, liabilities,expenses or costs arising out of any Code of Federal Regulations§60-1.4(a-f),§60-300.5(a-e),§60-741 failure to detect hidden,covered,inaccessible,or internal structural or (a-e). material defects,corrosion,or damages in components,embedment, reinforcing,anchorages and parts of equipment,structures,or 14. CERTIFICATIONS mechanisms being inspected,that are not readily discernible by The use of the word"certify"or"certification"by a registered external visual inspection through reasonable efforts. professional engineer in the practice of professional engineering or land surveying constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification,and does not constitute a warranty or guarantee,either expressed or implied.Certification of analyses is a statement that the analyses have been performed correctly and in accordance with sound engineering practices.Certification of structural works is a statement that the works are designed in accordance with sound engineering practices and client approved design loads. Certification of"as built"'conditions is a statement that the structure(s)has been built according to specifically identified drawings,specifications and contract documents to the extent the structure(s)is readily observable,is in place,and is fully functioning. The definition and legal effect of any and all certifications shall be limited as stated herein. 15. EXECUTION This Agreement,including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended,supplemented or modified only by a written instrument duly executed by the parties. 16. ALLOCATION OF RISK OWNER AND ENGINEER HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT,INCLUDING ENGINEER'S FEE RELATIVE TO THE RISKS ASSUMED,AND AGREE TO ALLOCATE CERTAIN OF THE RISKS,SO,TO THE Terris&Conditions for Floodplain,Dams 2 (8/2012) and Levee Professional Services c ?sa CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: y:< WHEREAS, due to the 2011 Flood, the City is required to re-certify the Omaha Levee with the Federal Emergency Management Agency; and, WHEREAS, additional professional engineering services are required to complete this re-certification project, known as OPW 52534, and undertaken as a part of the 2014-2019 Capital Improvements Program Environment Project#102, the first phase of which involves data collection and evaluation of the Levee against new standards set in the wake of Hurricane Katrina; and, WHEREAS, HDR Engineering, Inc. has been selected in accord with the Architect's and Engineer's Review and Selection Committee rules to perform these engineering services, the specifics of which are detailed the attached Professional Services Agreement, which by this reference is made a part hereof; and, WHEREAS, HDR Engineering, Inc. will perform the services listed in the Agreement for a fee not to exceed $1,228,743.00, which will be paid from the 2010 Environment Fund 13123, Environmental Bonds Organization 117217. 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 HDR Engineering, Inc. to provide professional engineering services for the re-certification of the Omaha Levee, known as OPW 52534, as a part of the 2014-2019 Capital Improvements Program Environmental Project No. 102, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $1,228,743.00, which will be paid from the 2010 Environmental Fund 13123, Environmental Bonds Organization 117217. 185 lhtp APPROVED AS TO FORM: /71k—<7.ar711 By CITY ATTORNEY DATE Councilmember il Adopted SEP - 9 20 / -Q City Clerk g/ii,/Y Approved—J ��n "I��' Mayor sF,r . .. NO. 'L "c,,f Resolution by • Res. that, as recommended by the Mayor, the Professional Services Agreement with HDR Engineering, Inc, to provide professional engineering services for the re-certification of the Omaha Levee, known as OPW 52534, as a part of the 2014-2019 Capital Improvements Program Environmental Project No. 102, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $1,228,743.00, which will be paid from the 2010 Environmental Fund 13123, Environmental Bonds Organization 117217. 1851 Ahtp Presented to City Council SEP - 92014 Adopted U�u6�er grown City Clerk