RES 2020-0653 - PSA with Jacobs Engineering Group for OPW 53839 - MO River Flood Protective Measures ProjectIV.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 it exceed $1,641,500.00. Detailed breakdown of costs shall be shown in Exhibit “C”.
B.Reimbursable expenses shall be billed to the City by the Provider.
C.INCREASE OF FEES
The parties hereto acknowledge that,as of the date of the execution of the Agreement,Section 10-142
of the Omaha Municipal Code provides as follows:Any amendment to contracts or purchases which
taken alone increase the original fee as awarded (a)by ten percent,if the original fee is one hundred
fifty thousand dollars ($150,000)or more,or (b)by seventy-five thousand dollars ($75,000)or more,
shall be approved by the City Council in advance of the acceptance of any purchase in excess of such
limits.However,neither contract nor purchase amendments will be split to avoid advance approval of
the City Council.
The originally approved scope and primary features of a contract or purchase will not be significantly
revised as a result of amendments not approved in advance by the City Council.The provisions of this
section will be quoted in all future City contracts.Nothing in this section is intended to alter the
authority of the Mayor under section 5.16 of the Charter to approve immediate purchases.
V.OWNERSHIP OF INSTRUMENTS OF SERVICE
The City acknowledges the Provider’s documents,including electronic files,as instruments of professional
service.Nevertheless,upon completion of the services and payment in full of all monies due to the Provider,
the final documents prepared under this Agreement shall become the property of the City.The City shall not
reuse on another Project or make any modifications to the documents without prior written authorization of
the Provider.The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the
Provider,its officers,directors,employees and subconsultants (collectively,Provider)against any damages,
liabilities or costs,including reasonable attorneys’fees and defense costs,arising from or in any way
connected with the unauthorized reuse or modification of the documents by the City,regardless of whether
such reuse or modification is for use on this Project or another Project.
VI.ADDITIONAL SERVICES
In the event additional services for the aforementioned Project not covered under this Agreement are required,
the Provider agrees to provide such services at a mutually agreed upon cost.
VII.INSURANCE REQUIREMENTS
The 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 attorney’s 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;provided,that with respect solely to the said duty to defend,such duty of the Provider to defend
shall arise only if,and to the extent,such duty is covered by Provider’s liability insurance.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 attorney’s 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 matter 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,creed,
religion,sex,marital status,sexual orientation,gender identity,age,or disability as recognized under
42 USCS 12101 et seq.and Omaha Municipal Code section 13-89,race,color,creed,religion,sex,
marital status, sexual orientation, gender identity, national origin, age, or disability.
B.Captions.Captions used in this Agreement are for convenience and are not used in the construction of
this Agreement.
C.Applicable Laws.Parties to this Agreement shall conform with all existing and applicable City
ordinances,resolutions,state laws,federal laws,and existing and applicable rules and regulations.
Nebraska law will govern the terms and the performance under this Agreement.
D.Interest of the City.Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any
officer or employee of the City shall have a financial interest,direct or indirect,in any City Agreement.
Any violation of this section with the knowledge of the person or corporation contracting with the City
shall render the Agreement voidable by the Mayor or Council.
E.Interest of the Provider.The Provider covenants that he presently has no interest and shall not acquire
any interest,direct or indirect,which would conflict with the performance of services required to be
performed under this Agreement;he further covenants that in the performance of this Agreement,no
person having any such interest shall be employed.
F.Merger.This Agreement shall not be merged into any other oral or written agreement,lease,or deed of
any type. This is the complete and full Agreement of the parties.
G.Modification.This Agreement contains the entire Agreement of the parties.No representations were
made or relied upon by either party other than those that are expressly set forth herein.No agent,
employee,or other representative of either party is empowered to alter any of the terms hereof unless
done in writing and signed by an authorized officer of the respective parties.
H.Assignment.The Provider may not assign its rights under this Agreement without the express prior
written consent of the City.
I.Strict Compliance.All provisions of this Agreement and each and every document that shall be
attached shall be strictly complied with as written,and no substitution or change shall be made except
upon written direction from authorized representative.
J.LB 403 Contract Provisions.-NEW EMPLOYEE WORK ELIGIBILITY STATUS -The
Contractor is required and hereby agrees to use a federal immigration verification system to determine
the work eligibility status of new employees physically performing service 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.Certificate of Authorization.If this Agreement contemplates the performance of professional
architecture or engineering work by the Provider,the Provider shall provide to the City,and maintain
in good standing,a current Certificate of Authorization from the State of Nebraska as required by Neb.
Rev. Stat. section 81-3436.
L.Debarment or suspension by any federal agency.(This section applies if any part of this Agreement is
funded by a federal agency.)Office of Management and Budget (OMB)guidelines require that any
individual or entity that has been placed on the Excluded Parties List System (“EPLS”-available for
review through www.sam.gov)may not be a participant in a federal agency transaction that is a
covered transaction or act as a principal of a person participating in one of those covered transactions.
These guidelines apply to covered transactions under a grant from any federal agency for which a
recipient expects to receive reimbursement for expenditures incurred or an advance on future
expenditures.
The Contractor providing goods and/or services to the City of Omaha certifies,by acceptance and
execution of this Agreement,that neither it nor its principals are presently debarred,suspended,
proposed for debarment,declared ineligible,or voluntarily excluded from participation in this
transaction by any federal department or agency.The Contractor further agrees,by accepting and
executing this Agreement,that it will include this clause without modification in all lower tier
transactions,solicitations,proposals,contracts,and subcontracts.Where the Contractor or any lower
tier participant is unable to certify this statement, it shall attach an explanation to this Agreement.
M.Contract Compliance Ordinance No. 35344, Section 10-192
Equal Employment Opportunity Clause
During the performance of this contract, the Contractor agrees as follows:
1)The Contractor shall not discriminate against any employee or applicant for employment because
of race,color,creed,religion,sex,marital status,sexual orientation,gender identity,national
origin,age,or disability.The Contractor shall ensure that applicants are employed and that
employees are treated during employment without regard to their race,color,creed,religion,sex,
marital status,sexual orientation,gender identity,national origin,age,or disability.As used
herein,the word “treated”shall mean and include,without limitation,the following:recruited,
whether by advertising or by other means;compensated;selected for training,including
apprenticeship;promoted;upgraded;demoted;downgraded;transferred;laid off;and terminated.
The Contractor agrees to and shall post in conspicuous places,available to employees and
applicants for employment,notices to be provided by the contracting officers setting forth the
provisions of this nondiscrimination clause.
2)The Contractor shall,in all solicitations or advertisements for employees placed by or on behalf of
the Contractor,state that all qualified applicants will receive consideration for employment
without regard to race,color,creed,religion,sex,marital status,sexual orientation,gender
identity, national origin, age, or disability.
3)The Contractor shall send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding a notice advising the labor
union or worker’s representative of the Contractor’s commitments under the Equal Employment
Opportunity Clause of the City and shall post copies of the notice in conspicuous places available
to employees and applications 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 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.
N.Conflict.In the event of any conflict between this Agreement and any of the exhibits attached hereto,the terms
of this Agreement shall take precedence.
EXHIBIT “A”
RESERVED
EXHIBIT “B”
SCOPE OF SERVICES
Exhibit B
SCOPE OF SERVICES
Flood Protection Measures at the
Missouri River Water Resource Recovery Facility
Project 2 – Flood Protective Measures
Project 4 – Flood Barrier
This Scope of Services is Exhibit B to the Standard Agreement for Professional Services between
Jacobs Engineering Group Inc. (Provider), and the City of Omaha Public Works Department (City)
for a project generally described as Omaha Public Works (OPW) 53839, Missouri River Water
Resource Recovery Facility Flood Protection Measures (PROJECT).
Project Understanding
With this PROJECT the City intends to implement flood protective measures and evaluate flood
barrier alternatives to harden the Missouri River Water Resources Recovery Facility (MRWRRF), in
Omaha Nebraska, from future flooding. This Project will evaluate, prioritize, and design
improvement alternatives for providing flood protective measures including increased flood
resiliency for the existing plant and proposed Combined Sewer Overflow (CSO) facilities with the
intent of designing and constructing selected improvements prior to the spring of 2021. Short-
term flood protective measures and a more permanent flood barrier focused on FEMA certifiable
designs will be evaluated. Consideration will be given to matching the existing levee elevation
(provides protection up to 500-year flood plus freeboard) and secondary consideration to an
approach to provide permanent protection up to the 100-year flood plus freeboard with
capability for expansion to the 500-year level.
ARTICLE 1 - Scope of Services
The PROJECT consists of interrelated tasks to evaluate and recommend a combination of flood
protective measures (mitigating damages or service interruption if flooding occurs with the
existing level of flood protection in place) and flood barrier improvements (to extend the level
of flood protection at the facility). The tasks will be coordinated so the combination of short-
term plans and long-term plans will complement each other.
The Provider will support the City in developing and submitting grant applications to
supplement City funding for this PROJECT.
The Provider’s professional services will assist the City with evaluating flood protective measures
and flood barrier alternatives to provide resiliency for the MRWRRF against flooding events.
Consideration will be given to response time for deployment of flood protection infrastructure
alternatives that are not permanent. Scope is included to provide design phase services and
bidding for implementation of flood protective measures that are recommended for installation
prior to the spring of 2021 and/or flood barrier alternatives that are recommended and selected
for funding. Construction phase services are not included and will require an additional task(s)
based on the alternatives selected.
The Provider’s professional services will assist the City with evaluating a permanent flood barrier
focused on FEMA certifiable designs. As noted in the Project Understanding, consideration will
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
2
be given to matching the existing levee elevation (provides protection up to 500-year flood plus
freeboard) and secondary consideration to an approach with lesser permanent protection up to
the 100-year flood plus freeboard, with capability for expansion to the 500-year level.
The Provider’s Quality Control (QC) Reviewer will vary by Task and will be selected by the
Provider based on expertise and experience related to the Task. The selected QC Reviewer will be
confirmed with the City’s representative during the initiation of each task.
The Provider will perform contracting, invoicing, and management of the PROJECT team,
budget, and schedule. Provider will provide periodic progress reports and invoices in a format
approved by the City. The following detailed scope is configured into seven tasks. These tasks
are:
• Task 1 – Grant Application for HMGP
• Task 2 – Flood Protective Measures Study and Alternatives Analysis
• Task 3 – Flood Barrier Study and Alternative Selection
• Task 4 – Flood Protective Measures Design and Bidding
• Task 5 - Flood Barrier Improvements Design and Bidding
• Task 6 – Project/Task Management
• Task 7 - Optional Supplemental Services
The following sections detail the work included in each of the tasks. The compensation by Task is
provided in Exhibit C.
Task 1 –Grant Application for HMGP
Provider will support the City in preparation of up to two (2) Hazard Mitigation Grant Program
(HMGP) applications for submittal to the Nebraska Emergency Management Agency (NEMA) to
obtain funding support for the PROJECT.
Provider will prepare on the City’s behalf up to two (2) Hazard Mitigation Grant Program (HMGP)
applications that reflect the scopes of two notices of interest (NOI) submitted by the City to
NEMA associated with Major Disaster Declaration DR 4420. NOI’s were submitted in July of
2019. NOI scopes include:
(1) Proposed flood wall for $4 million (Flood Wall)
(2) Modifications to critical Facility equipment for $1.4 million (Localized Mitigation)
Provider will submit the proposed Flood Wall as a two-phased application. The first phase will
cover scoping activities to refine Flood Wall design. The second phase will be for the
construction of the Flood Wall. The second application, Localized Mitigation, will be either
developed as a one-phased application or integrated into the Flood Wall two—phased
application.
Provider will perform the following activities in support of authoring each grant application:
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
3
• Up to three coordination meetings with the City, NEMA, and Jacobs to discuss grant
strategy and application status.
• Up to three additional coordination calls between Jacobs grants team and NEMA Hazard
Mitigation staff.
• Provider will coordinate with the City to determine grant project scopes of work, phasing,
requested funding, and proposed construction schedule for each respective application.
• Provider will develop a preliminary Benefit-Cost Analysis using the Benefit Cost Toolkit
Version 6.0 for up to two alternatives for each application and with up to three revision
requests from NEMA/FEMA for each application. Provider will refine the BCA at the
completion of Phase I and prior to proceeding to Phase II of the Flood Wall application
with up to two revision requests from NEMA/FEMA.
• Provider will develop input required for both grant applications and complete the
applications, including:
o Perform hazard mitigation strategy alternative analysis.
o Develop and document scope of work, level of protection, project location,
damage history summary, project work schedule and preliminary budget(s).
o Obtain Environmental and Historic Preservation information, including
consultation letters from Nebraska Department of Transportation, Nebraska
Game and Parks Commission, Nebraska State and Historical Preservation Office,
United States Army Corps of Engineers, and United States Fish and Wildlife
Service. Additionally, Provider will assist the City with USACE coordination
regarding flood wall configurations.
o Evaluate and develop application information for Executive Order 11988
(Floodplain Management) and assist the City with no-rise/CLOMR decision
making processes, Executive Order 12898, and the Farmland Protection Policy
Act.
o Evaluate and develop application information as related to the Resource
Conservation and Recovery Act, Comprehensive Environmental Response
Compensation and Liability Act (Hazardous and Toxic Materials), and associated
state or local agency consultations.
• Provider will support up to two formal grant application review/comment/response
cycles with NEMA and/or FEMA (per application). One additional grant review cycle is
included for Phase II of the flood wall.
Deliverables:
• One-phased grant application with associated BCA for the Localized
Mitigation project (unless determined to be in City’s best interest to combine
with Flood Wall project application)
• Two-phased (scoping/design phase followed by construction phase) grant
application with associated BCA for Flood Wall project
Task 2 – Flood Protective Measures Study and Alternatives Analysis
This task is the evaluation of Flood Protective Measures for the MRWRRF that would reduce
damages and/or service interruption if flooding occurs with either the existing level of flood
protection at site or a higher level of protection as evaluated with the Flood Barrier Alternatives.
The goal for the City is to reduce the need, or frequency of need, for currently required
temporary protective measures. A list of the flood Protective Measures identified by City and
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
4
relayed to Provider prior to scoping are provided in the Assumptions section of this document.
The individual subtasks are summarized as follows:
a) Information gathering.
b) Conduct one day workshop to develop alternatives to be evaluated.
c) Develop cost/benefit of each alternative.
d) Identify coordination requirements with Task 3 for each alternative.
e) Conduct an alternatives selection half day workshop.
f) Prepare a Technical Memorandum documenting entire process and the implementation
plan details for the recommended alternative(s).
Following is a more detailed description of each scope element.
a) Information gathering.
• Interview staff to fully understand what occurred in previous floods and what the
City is already working on outside of this PROJECT.
• Inspect site to confirm impacts of flooding. This inspection may include verifying
vertical locations of assets in question (elevations will be determined based off of
existing, known, elevations and City-provided survey to verify the elevation of
portions of the plant access road).
• Hydraulic profile calculations performed by Provider as a part of the CSO
Improvements Projects may be updated, and various hydraulic limitations verified
with staff (only as required to validate the criteria for improvement alternatives,
such as raising primarily clarifier drive motors, etc.).
b) Conduct a one-day workshop with the City to identify flood hardening alternatives and
screen down to a maximum of 10 alternatives to retain for cost/benefit evaluation and
coordination with Task 1 - Grant Application for HMGPs and Task 3 - Flood Barrier Study
and Alternatives Analysis. Note that any variation of an identified alternative will be
counted as a new alternative. Select non-economic criteria and weighting (health and
safety, etc.) for alternative comparison. The Project Manager, Task Manager and Project
Engineer will attend the workshop. It is assumed that the workshop will be accomplished
in the same trip as information gathering.
c) Develop for each alternative a conceptual 10% design level of detail and a Class 4 Cost
estimate as identified by the American Association of the Advancement of Cost
Engineering International (American Association of Cost Engineers [AACE]). Contingency
applied at this phase of design will be 40% to account for unknowns in the planning level
evaluation. Determine value of the assets that would be protected as a result of the
alternative. Calculate economic cost/benefit score. Evaluate non-economic criteria and
prepare draft of non-economic criteria scoring.
d) Determine, for each alternative, whether it should be implemented only if the flood
barrier is NOT built, only if the flood barrier IS built, or if it is not impacted by the flood
barrier decision.
e) Conduct a half-day workshop with the City to finalize non-economic criteria scoring and
select improvements for recommended implementation. The Project Manager, Task
Manager and Project Engineer will attend the workshop.
f) Prepare draft and final Technical Memorandum summarizing process and scope
definition for recommended improvements up to 10% (conceptual) design level and
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
5
Class 4 cost estimate. The City will have two weeks to review and provide comments on
the draft Technical Memorandum.
Deliverables:
• Workshop Meeting Summary – Alternative Identification and Non-Economic
Criteria Selection
• Workshop Meeting Summary – Scoring and Alternative Selection
• Draft Alternative Analysis Technical Memorandum
• Final Alternative Analysis Technical Memorandum
Task 3 – Flood Barrier Protection Study and Alternatives Analysis
This task is the evaluation of an expanded flood barrier for protection for the MRWRRF south of
the termination of the USACE Levee. The goal for the City is to provide protection for the south
side of the Facility to the same extent that the Levee is protecting the north side of the Facility.
This Task will build upon the Flood Protection Study that was completed by CH2M HILL in 2012.
The individual subtasks are summarized as follows:
a) Reconfirm design requirements and minimum protection level.
b) Review available site information, including topographical data, geotechnical data,
mapping of below grade piping and utilities, etc.
c) Conduct a half-day workshop to review and confirm alternatives and screen down to a
maximum of 6 alternatives to retain for cost/benefit evaluation and coordination.
d) Develop recommended details and preliminary cost estimates per linear foot.
e) Identify the alignment/location/configuration of the flood protection barrier alternatives.
f) Identify non-economic evaluation criteria for alternatives.
g) Conduct half day workshop to review weighting of non-economic evaluation criteria.
h) Conduct a half-day alternative selection workshop. Workshop will include coordination of
the selected alternative with the selected Flood Protective Measures (Task 2)
i) Progress selected alternative to a conceptual 10% design level
j) Develop a Technical Memorandum documenting the selected alternative.
Following is a more detailed description of each scope element.
a) Reconfirm design requirements and minimum protection level from the Flood Protection
Study in 2012. These requirements will be utilized throughout the evaluation.
• Reconfirm FEMA flood insurance requirements (e.g., freeboard) to incorporate
into detail for 100-year level of flood protection. 100-year levee configurations
need to meet FEMA requirements for insurance of the facilities.
• Reconfirm USACE certification requirements to incorporate into detail for 500-
year level of flood protection. 500-year levee configurations will be evaluated to
determine if the extension of 100-year flood protection designs will be sufficient
to meet these criteria.
• Reconfirm geotechnical requirements from the Flood Protection Study in 2012
for design and construction of FEMA insurable and USACE certifiable flood
protection.
• Confirm geotechnical assumptions from the Flood Protection Study in 2012.
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
6
b) Review the available geotechnical data, aerial photos, mapping, yard and utility piping
drawings and information from prior stabilization projects to understand potential
implications to flood protection measures.
c) Prepare for and conduct a half-day workshop with the City to review alternatives from the
Flood Protection Study in 2012, revise them to account for the changes to plant facilities
since the last study and screen down to a maximum of 6 alternatives to retain for
cost/benefit evaluation. Note that multiple alignments or protection heights of an
identified alternative will be counted as new alternative. The Project Manager, Task
Manager and Project Engineer will attend the workshop.
d) Develop recommended details and preliminary cost estimates per linear foot that will be
incorporated into alignments by altering the type of flood protection along an alignment
based on the site constraints. Details will be focused on matching the level of protection
provided by the USACE Levee that protects the north side of the MRWRRF (500 year plus
freeboard) with iterations below this level to identify costs and protection impacts.
Evaluate the following alternatives:
• Use of existing structures to provide passive protection. Task will include review
by structural engineer of adequacy of such structures to sustain water pressure
without damage.
• Standalone passive systems.
• Active systems with consideration given to implementation speed and response
time.
• Consider solutions for temporary closure across the railroad and into the bluff for
use during flooding events, similar to approach for existing levee.
• Develop Class 5 cost estimates for:
• Floodwall to 100-yr flood protection. Consider if there is a viable way to
extend the floodwall to 500-yr flood protection in emergencies.
• Floodwall to 500-yr flood protection.
• Develop general details for pressure piping penetrations that comply with
FEMA and USACE requirements.
• Develop general details for gravity piping penetrations that comply with
FEMA and USACE requirements.
• Develop general detail for connecting to structures with a facility wall that
would comply with 100-year FEMA and 500- year USACE requirements.
• Identify requirements for structure walls that would meet 100-year FEMA
and 500- year USACE requirements for flood protection.
• Develop conceptual detail for temporary closure across the railroad and
into the existing bluff. Note that no railroad permitting is included in Task
3 scope.
• Develop conceptual detail for creek bed crossing and closing of primary
plant protection on the south end.
• Develop conceptual detail for connection to the existing USACE levee.
e) Identify the alternative alignments for flood protections.
• Impacts of a no-action alternative should be documented as part of the PROJECT.
• Consider Effective and Preliminary FIRM floodway locations.
• 100-year level of flood protection from existing levee to Monroe St Lift Station
along the existing plant access road alignment. This alternative will be developed
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
7
in three segments to aid in the combining varying approaches to protection in
later stages of the study. The three segments are:
• Existing Levee to South Inlet with a bluff tie in
• South Inlet to Monroe Street Lift Station Valve Vault for access to the lift
station only
• Around perimeter of Monroe Street Lift Station
• 100-year level of flood protection from existing levee to Monroe St Lift Station on
riverside of all facilities in the three segments as previously identified.
• Consider the expansion of the alignment alternatives to 500-year flood
protection in order to identify incremental costs for additional protection.
f) Identify non-economic evaluation criteria for alternatives. Non-monetary criteria will be
based on a numerical scale that represents the range of possible
outcomes/considerations. Currently identified criteria include:
• Ease of 404 permitting process.
• Impacts on No-Rise evaluation and need for a Letter of Map Revision (LOMR)
• Insurance of facilities
• Railroad impacts associated with closure.
• Availability of space for future MRWRRF requirements such as drop shafts, the
Retention Treatment Basin and nutrient control.
• Long-term plant operation and maintenance including traffic patterns.
• Response time for set up of an active system.
g) Conduct half day workshop to review weighting of non-economic evaluation criteria. The
Project Manager, Task Manager, and Project Engineer will attend the workshop.
h) Assist the City with the selection of the preferred alternative through a half-day
Alternative Selection Workshop. During this workshop, the approach for presenting the
selected alternative will be reviewed and coordinated with the work being completed
within the Flood Protective Measures (Project 2). The Project Manager, Task Manager and
Project Engineer will attend the workshop. It is assumed the weighting of non-economic
criteria half-day workshop and the half day alternative selection workshop will be
accomplished in the same trip.
i) The implementation plan for one selected alternative will be progressed to a conceptual
10% design level of detail and a Class 4 Cost estimate as identified by the AACE will be
prepared. Contingency applied at this phase of design will be 40% to account for
unknowns in the planning level evaluation.
j) Develop a draft and final Technical Memorandum describing the evaluation and the
outcome of the Alternative Selection Workshop. The City will have two weeks to review
and provide comments on the draft Technical Memorandum.
Deliverables:
• Workshop Meeting Summary – Alternative Identification
• Workshop Meeting Summary – Non-Economic Weighting, Scoring
• Workshop Meeting Summary –Alternative Selection
• Draft Alternative Analysis Technical Memorandum
• Final Alternative Analysis Technical Memorandum
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
8
Task 4 – Flood Protective Measures Design and Bidding
This task provides design of short-term improvements recommended out of Task 2. Scope and
fee assume maximum of two design packages (one Sitework package and one Facility package)
for construction of up to the 10 alternatives identified in Task 2 (but excluding installation of
permanent pumps in the CSO 102 CCB disinfection channel). Scope and fee assume no more
than 50 sheets total for both packages and corresponding general conditions and technical
specifications. Bid alternates may be identified in the packages for up to 8 of the alternatives
identified in Task 2. Budget assumes that the flood protective measures can be constructed
without ground improvement measures other than conventional construction or deep
foundations. Designs will be progressed to 60 and 100-percent design levels for the Design
Development and Construction Document phases, respectively. Class 3 and 2 Cost estimates as
identified by the American Association of the Advancement of Cost Engineering International
(AACE) will be prepared. Contingency applied at this phase of design will be 25 and 15-percent
respectively to account for unknowns in the design and known items excluded from the quantity
takeoffs. The deliverables will be developed and reviewed in 2 subtasks as follows:
a) Design Development Phase (60-percent design)
This task will utilize the conceptual decisions of the PROJECT that were made in the Task 2
and develop the PROJECT design to achieve a true “design freeze” at the conclusion of this
phase. Structures, equipment, site plan etc. are finalized during this phase to allow final
detailing of the same in the next phase of design. Access, lifting and maintenance needs will
be reviewed with plant operatives/managers. Available construction working areas and
constraints will be reviewed. Design Development document review workshop will be
conducted. The Project Manager, Design Manager and Project Engineer will attend the
workshop. Specific activities include:
• Preparation of 60-percent design drawings
• Assumed to be 60-percent development of the sheets listed in
Construction Document Preparation below
• Draft equipment specifications and equipment control descriptions
• Design Development Review Workshop
• Proposed Construction Sequence
• Opinion of Probable Costs
b) Construction Document Preparation (100-percent design) and Bid Documents
The purpose of this task is to develop the final construction drawings, specifications, and
schedules for competitive bidding. Key activities during this phase will include incorporating
Owner’s comments from Design Development review, preparing and reviewing final
construction drawings and finalizing specification front-end documents for bidding,
including General Conditions, General Requirements, bonds, and Instruction to Bidders. A
draft-final Construction Document Review Workshop will be conducted. The Project
Manager, Design Manager and Project Engineer will attend the workshop. Following the
workshop, final City comments will be incorporated prior to sealing and bidding. Specific
activities include:
• Preparation of 100-percent design documents. Assumed sheet count and list is
provided in Article 4, Table 1.
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
9
• Permitting
• Identify in the specifications a list of the permits that must be obtained by
the construction Contractor(s). Expected to include City building permits
and fire marshal permits.
• Prepare documentation for permitting for construction in the floodplain
(assumes no-rise can be attained and LOMR will not be required for Task 4
design work)
• Provide one (1) set of documents to the regulatory agency (Nebraska
Department of Environmental Quality) for their review and comment prior
to bid opening, and coordinate responses to comments with Owner, as
required for obtaining Nebraska Department of Environmental Quality
Construction Permit.
• Construction Document Review Workshop
• Division 00 Bidding Requirements, Contract Forms and Conditions of the
Contract in accordance with City standards
• Division 01 General Requirements in accordance with City standards and
supplemented by Provider’s standard EJCDC-based Division 01
documents
• Opinion of Probable Costs
Deliverables:
• Workshop Meeting Summary – Construction Document Review
• Construction Drawings
• Construction Detail Book
• Construction Technical Specifications and Divisions 00 and 01
• Opinion of Probable Cost
• Permitting packages for submission by City to regulators (limited to 2 as
described above)
• Workshop Meeting Summary – Construction Document Review
c) Bidding
Provider to provide City with electronic Plans and Specifications that will be distributed to
contractors. Assist City with responses to bidders’ questions and preparation of two Addenda
each for two bid packages (four total Addenda). Provider will attend up to two pre-bid
meetings and prepare a bid/analysis tabulation with a recommendation to the City
identifying the apparent low bidder. The Design Manager and Project Engineer will attend
the pre-bid meetings.
Deliverables:
• Responses to Bidders questions.
• Two Addenda for two bid packages (four total Addenda).
• Bid/analysis tabulation for two bid packages.
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
10
Task 5 – Flood Barrier Improvements Design and Bidding
This task provides design of flood barrier improvements recommended out of Task 3. Scope and
fee assume a single design package for construction of the recommended flood barrier
alternative. Scope and fee assume no more than 30 sheets total and corresponding general
conditions and technical specifications. Bid alternates may be identified in the packages for up
to 2 alignment alternatives identified in Task 3 (example: extend barrier from South Inlet to
Monroe Street Lift Station Valve Vault for access to the lift station only or around perimeter of
Monroe Street Lift Station). Provider will complete surveying at locations requiring additional
mapping for floodwall layout and geotechnical explorations in order to develop sufficient
information for geotechnical evaluation of seepage and stability for flood barriers. Budget
assumes that the flood protective measures can be constructed without ground improvement
measures other than conventional construction or deep foundations. Designs will be progressed
to 60 and 100-percent design levels for the Design Development and Construction Document
phases, respectively. Class 3 and 2 Cost estimates as identified by the American Association of
the Advancement of Cost Engineering International (AACE) will be prepared. Contingency
applied at this phase of design will be 25 and 15-percent respectively to account for unknowns
in the design and known items excluded from the quantity takeoffs. The deliverables will be
developed and reviewed in 2 subtasks as follows:
a) Design Development Phase (60-percent design)
This task will utilize the conceptual decisions of the PROJECT that were made in Task 3 and
will develop the PROJECT design to finalize the location and configuration of the flood
barrier. Structures, equipment, site plan etc. will be finalized during this phase to allow final
detailing of the same in the next phase of design.
Provider will perform Missouri River hydraulic modeling to support design development,
including modeling of flood barrier impacts on the floodplain to understand water depths
and velocities for potential failure scenarios such as scour considerations, hydrodynamic
loading and debris impact loading. Loadings will be necessary to produce force calculations
to perform global stability calculations for the flood barrier. Modeling will also be used for
the Conditional Letter of Map Revision (CLOMR) evaluations for FEMA. This scope of work
assumes that the HEC-RAS modeling supporting the preliminary Flood Insurance Rate Map
has been adopted as Effective by the time of the CLOMR submittal, and that FEMA’s
preliminary HEC-RAS model is available for project modeling and will be provided to
Provider by the City. Model provided by regulatory agencies to City will be used as-is for all
areas except proposed changes on MRWRRF site. Flood barrier impacts on access and
maintenance needs will be reviewed with plant operatives/managers.
Geotechnical explorations are expected to include a maximum of 15 CPT soundings (8 CPTs
to 70 ft and 7 CPTs to 40 ft) and 7 soil borings to depths of 90 ft below ground surface.
CPTs allow for more rapid and detailed coverage to evaluate the range of soil types, and soil
borings will then be targeted to specific zones or locations identified by review of the CPTs.
Samples recovered from the explorations will be used in a laboratory testing program to
include consolidation testing, shear strength testing, and testing to measure index
properties. It is anticipated that the geotechnical exploration will be performed by
subconsultant geotechnical engineer that will prepare a Geotechnical Data Report. Provider
will prepare a detailed Geotechnical Report using the findings to summarize
recommendations and findings from evaluation of the floodwall.
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
11
Provider will review available construction working areas and constraints.
At completion of this phase Provider will lead a Design Development document review
workshop attended by The Project Manager, Design Manager and Project Engineer. Specific
activities include:
• Preparation of 60-percent design drawings
• Assumed to be 60-percent development of the sheets listed in
Construction Document Preparation below
• Draft technical specification sections
• Design Development Review Workshop
• Proposed Construction Sequence
• Opinion of Probable Costs
b) Construction Document Preparation (100-percent design)
This task will develop the final construction drawings, specifications, and schedules for
competitive bidding. Key activities during this phase will include incorporating Owner’s
comments from Design Development review, permitting, preparing and reviewing final
construction drawings and finalizing specification front-end documents for bidding,
including General Conditions, General Requirements, bonds, and Instruction to Bidders. A
draft-final Construction Document Review Workshop will be conducted. The Project
Manager, Design Manager and Project Engineer will attend the workshop. Following the
workshop, final City comments will be incorporated prior to sealing and bidding. Specific
activities include:
• Preparation of 100-percent design documents. Assumed sheet count and list is
provided in Article 4, Table 2.
• Permitting
• Provide identification of required permits and a schedule for obtaining the
permits. Included in this will be a list of permits and the responsible party
for obtaining them; City or Contractor. Provider will develop a full
permitting matrix that describes each regulation/permit/review item;
Required Actions; Applicability/Project Component; Additional Notes;
Timing/Schedule; and Status tracking.
• Federal permits will be obtained by City with support from Provider and
are expected to include the following activities:
1. Compliance with Clean Water Act (CWA) Section 404/Rivers and
Harbors Act (RHA) Section 10 (33 United States Code (U.S.C.) 26
et seq. and 33 U.S.C. 403 et seq.; 33 CFR Part 328). Prepare
Nationwide or Individual Section 404 Permit application for USACE
review as required to review impacts to riparian areas and Waters
of the U.S. Obtain updates as needed from past Environmental
and Historic Preservation information or field studies. Design of
wetlands mitigation, if determined to be required, is excluded from
this task but can be negotiated separately as Task 7b. Meet with
USACE prior to assembling the application in order to establish
guidelines and approach to streamline approval. Meet with USACE
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
12
again prior to submittal in order to go through the document and
incorporate information. Meet with USACE after the submittal to
go through any comments they may have once their review is
complete.
2. USACE 408 permit – Meet with USACE to determine need for 408
permit vs. Technical Review. Meet with USACE again prior to
submittal in order to go through the document and incorporate
information. Meet with USACE after the submittal to go through
any comments they may have once their review is complete.
3. Compliance with Federal Emergency Management Agency (FEMA)
and Local Floodplain Development Regulations
4. Compliance with National Flood Insurance Act and the Flood
Disaster Protection Act (42 U.S.C. 40011 et seq.; 44 CFR Parts 59 -
80)
5. Conditional Letter of Map Revision and Letter of Map Revision -
Prepare a Conditional Letter of Map Revision (CLOMR) reflecting
the floodplain impact as a result of the improvements. Meet with
FEMA prior to assembling the CLOMR in order to establish
guidelines and approach to streamline approval. Meet with FEMA
again prior to submittal in order to go through the document and
incorporate information. Meet with FEMA after the submittal to go
through any comments they may have once their review is
complete
a. If hydraulic modeling finds that the project will cause a
“No-Rise” condition or does not impact the regulatory
floodway, Provider will support No-Rise approval from the
City of Omaha in lieu of developing a CLOMR application.
b. Following construction, Provider will prepare materials to
obtain the final Letter of Map Revision reflecting the final
floodplain impact as a result of the improvements. This will
utilize CLOMR materials and note any changes in design
and construction that impacted hydraulic results. Meet with
FEMA prior to LOMR submittal and meet with FEMA after
the submittal to go through any comments they may have
once their review is complete. Note that Services During
Construction will be required to be provided by Provider.
• State permits will be obtained by City with support from Provider and are
expected to include:
1. State agency environmental and historic preservation clearances
2. Construction Dewatering permits as required.
3. Draft Construction Stormwater NOI and SWPPP developed by
Provider
4. Section 401 Water Quality Certification if required for Federal 404
permit.
• City permits are expected to include:
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
13
1. Provider to include coordination with City for floodplain
development permit
2. Provider to support updating post-construction stormwater
management plan as required by PROJECT
3. Building permits, grading permits and fire marshal permits
expected to be obtained by Contractor
• Railroad permits are expected to include:
1. Meet with BNSF prior to design in order to establish guidelines and
approach to streamline approval. Meet with BNSF again prior to
submittal in order to go through the document and incorporate
information. Meet with BNSF after the submittal to go through any
comments they may have once their review is complete.
• Hard copies required for regulatory or permitting review will be included
in Provider’s scope.
• Scope includes level of effort to respond to Requests for Information from
regulatory agencies.
• Provide specification language to address US Endangered Species Act,
Section 7 and/or Section 10 (16 U.S.C. § 1531 et seq.; 50 CFR Part 17),
Bald and Golden Eagle Protection Act (16 U.S.C. Section 668 et seq.; 50
CFR Part 17), Migratory Bird Treaty Act (16 U.S.C. Section 703-711 et seq.;
50 CFR Parts 20 and 21) and National Historic Preservation Act (Section
106) (Section 106) (16 U.S.C. 470 et seq.; 36 CFR Part 800)
• Construction Document Review Workshop
• Division 00 Bidding Requirements, Contract Forms and Conditions of the
Contract in accordance with City standards
• Division 01 General Requirements in accordance with City standards and
supplemented by Provider’s standard EJCDC-based Division 01
documents
• Opinion of Probable Costs
Deliverables:
• Workshop Meeting Summary – Construction Document Review
• Construction Drawings
• Construction Detail Book
• Construction Technical Specifications and Divisions 00 and 01
• Opinion of Probable Cost
• Permitting matrix and permitting packages for submission by City to
regulatory agencies
• Workshop Meeting Summary – Construction Document Review
c) Bidding
Provider to provide City with electronic Plans and Specifications that will be distributed to
contractors. Assist City with responses to bidders’ questions and preparation of two Addenda
for one bid package (two total Addenda). Provider will attend one pre-bid meeting and
prepare a bid/analysis tabulation with a recommendation to the City identifying the apparent
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
14
low bidder. The Design Manager and Project Engineer will attend the pre-bid meeting.
Deliverables:
• Responses to Bidders questions.
• Two Addenda.
• Bid/analysis tabulation.
Task 6 – Project/Task Management
Provider will conduct a Kick-Off Meeting via conference call and deliver meeting summary. The
objective of the kick-off meeting is to present a project execution plan, review the Project scope
and objectives, and critical success factors. The project execution plan would also include
deliverables, dates, budget, project team members, contact lists, health and safety plan, and
quality control plan.
Management of the study and design including cost tracking, Health and Safety Requirements,
Document Controls, Reporting, Monthly Invoicing and Task Closeout.
Public relations and project promotion following determination of grant funding and prior to
proceeding into construction. Provider is including an allowance of $16,000 to utilize the
services of a subconsultant to educate customers on the public safety value of protecting the
sewer facilities from flooding, the vision of the city in applying for grant funding, the anticipated
total project cost and the portions of the funding coming from grant funding vs. City funding.
Deliverables:
• Project Execution Plan including Field Safety Instructions (FSI) and Quality
Management Plan.
• Kick-Off Meeting and deliver meeting summary.
• Prepare monthly progress reports and invoices
• Public education materials
Task 7 – Optional Supplemental Services
Provider will conduct optional supplemental services as authorized by City. Optional
supplemental services may either have scope pre-determined herein or may have scope defined
and negotiated at a later time. Potential optional supplemental services include:
a) Additional Grant Application Assistance – Up to 260 hrs and $38,500 if requested
beyond the two HMGP applications already prioritized as a result of NOIs submitted by
City.
b) Wetlands Mitigation Design – to be negotiated as required if need is identified.
c) Services During Construction – negotiate scope and fee at Construction Document review
milestone when construction scope is well defined.
Time for scope and fee definition will be applied to and included in the appropriate
supplemental services task fee.
Deliverables:
• As defined by supplemental services scope(s).
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
15
Assumptions:
The following are assumptions made during the development of this Scope of Work.
1) City of Omaha to provide records of damages incurred as a result of past flooding and facility
information as requested by Provider for use in the HMGP grant application and BCA
2) The City will complete the following portions of HMGP grant application:
a) Part 2 (Point of Contact Information)
b) Section IX (Maintenance Agreement)
c) Section XI (Signature Page)
d) Authorized Representative Designation form
3) In soils, foundation, groundwater and other subsurface investigations, the actual
characteristics may vary significantly between successive test points and sample intervals
and at locations other than where observations, exploration and investigations have been
made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total project cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
Provider.
4) Delays or extensions to the project schedule will require corresponding fee
adjustments.
5) Meeting summaries will be brief and capture key decisions and action items.
6) Meeting summaries will be reviewed and approved by the City within one (1) week.
7) Three (3) hard copies of deliverables will be provided. The remainder of deliverables
will be distributed electronically in Adobe Acrobat portable document format (PDF)
format.
8) City will advertise for bids and be responsible for and pay costs for reproduction of
Plans and Specifications for distribution to qualified contractors. The City will prepare
notice of award.
9) Information and data provided by the City is accurate and reliable.
10) CAD drawings will be prepared using the Bentley suite of automation products
including Microstation and delivered as PDFs. No conversion of the drawings to
alternate automation software will be provided. Delivery of the 3D models used to
produce the construction documents are not included. 3-D models used to produce
the construction documents will not include BIM features.
11) A book of standard project details will be utilized. Standard details will not be included
into the drawings.
12) Project will be delivered using a design, bid and build delivery model.
13) The design documents will be prepared for up to two construction contracts.
14) Provider will use its standard CSI 49-division technical specifications and will utilize its
standard EJCDC-based front-end documents to supplement City standard documents
where required.
15) Drawings will be suitable for printing on 11x17-inch paper. Hard copy plans provided
by the Provider will be on 11x17-inch paper.
16) Only a single vendor will be named for each manufactured component or piece of
equipment with provisions for an "equal" to be proposed by the contractor and subject
to approval by the Provider.
17) No equipment pre-purchase or pre-negotiation will be required.
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
16
18) Provider’s four-phase design delivery process will be condensed to two phases. With
the exception of the final review, the project team will not stop during formal reviews of
submittals.
19) City will provide Provider with consolidated deliverable review comments within one (2)
weeks of submission.
20) The design will be based on the federal, state, and local codes and standards in effect
on the effective date of the authorization to proceed. Any changes in these codes may
necessitate a change in scope, schedule. and fee.
21) Any investigation and remediation of possible hazardous waste, asbestos, lead paint or
other types of contamination will be conducted by the City.
22) The final Construction Documents (100-percent level of design) will be sealed by
Nebraska registered Professional Engineers.
23) Task 2, Flood Protective Measure alternatives for analysis during study
a) Raise Primary Clarifier drive motors, ring gear, and shafts approximately four feet or
to an elevation one foot above level of clarifier walls.
b) Modify Primary Clarifier access doorways to a height above clarifier wall height.
c) Install/construct walls around grease pit to elevation one foot above Primary
Clarifier wall height. Requires updating hydraulic profile.
d) Raise three electrical transformers 4 feet or construct an impermeable permanent
barrier wall around each transformer with inclusion of sump pit, electrical
connection, and access ladders to locations. There is concern regarding the amount
of spare cable/wire left to raise transformers or if pulling new wire will be needed.
Pulling new wire could be more reliable than barrier options which will require
power and a sump.
e) Raise five manhole structures/risers on In-Plant Lift Station/Ohern Street pipe
system and install sealed manholes. – Evaluate interconnectivity of the SOIA
clarifiers, the In-Plant Lift Station, and the upstream Ohern system (U Street) to
identify areas where flow can daylight. Five manholes identified because certain of
two manholes that need to be addressed but believes that there are others with
similar issues.
f) Construct pressurized storm pumping line adjacent to North Inlet complex grit
loadout drive. Final location will depend on new low spot along seepage barrier.
g) Raise seepage barrier elevation in two 250-foot sections adjacent to North Inlet and
Primary Diversion Structure.
h) Raise roadway elevation on access road to Monroe Lift Station. Access to Monroe
for operation needs to be maintained until facility floods.
i) Purchase two 6-inch trailer mounted pumps for plant dewatering to pressurized
storm pumping system. These pumps do not need to be sized as they are based on
the plants operational experience and will be dictated by City staff.
j) Plant access issues that need to be addressed. Evaluate internal plant roads to
determine if they may be under water during flooding and if they need to be raised
to maintain safe operations.
k) Determine if Drainage B channel (between south inlet and RR) be blocked off
permanently and pump flow to river.
l) Installation of permanent pumps in the CSO 102 CCB disinfection channel.
m) Protection of north/south sludge pump control rooms.
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
17
n) Protect clarifier instrumentation panels including evaluating electrical conduit
junctions and water tightness of electrical conduit.
24) City has surveyed the elevations of the plant access road and will provide all results to
Provider in ASCI format for direct import to 3D CAD model.
25) Flood protection elevations will be based on current elevations from the USACE
Missouri River model for the 100-year (978.33 ft NGVD 29) and 500- year (981.93 ft
NGVD 29) flood. Elevations to be confirmed with USACE model of the Missouri River. A
detailed evaluation of issues such as the short period of record used, urbanization of
the watershed, climate change, and competing drivers for flow and storage
management practices (species management and navigation considerations) will not
be performed. Additionally, the scope will not include evaluating the reoccurrence of
future flooding events at the MRWRRF.
26) Assume HEC-RAS modeling supporting the preliminary Flood Insurance Rate Map will
be adopted as Effective by the time of the CLOMR submittal or No-Rise analysis, and
that FEMA’s preliminary HEC-RAS model is available for project modeling and will be
provided to Provider by the City. Model provided by regulatory agencies to City will be
used as-is for all areas except proposed changes on MRWRRF site.
27) The flood protection will include evaluation of recommended freeboard for FEMA
Certification to be provided above the selected elevations, though the USACE no
longer incorporates freeboard considerations into their design procedures.
28) Facilities will be designed in accordance with Design and Construction of Levees,
Manual No. EM 1110-2-1913 (USACE, April 30 2000) or Retaining and Flood Walls
Manual No. EM 1110-2-2502 (USACE, September 29 1989). Superseding design
guidance issued by the USACE will be utilized if issued prior to the start of the project.
29) Evaluation of alternatives will be based on currently available geotechnical information. The
scope and fee assume that historical geotechnical information available will be sufficient for
the study work and no additional geotechnical investigations will be conducted until the
design phase.
30) New flood control features will be designed to protect property and facilities belonging
to the City only. This will include the primary treatment facilities, DAFT, new CSO
control facilities and the Monroe Street lift station.
31) Operations and maintenance of constructed flood control will be performed by the
City.
32) Stormwater management will consider guidance from the Omaha Regional
Stormwater Design Manual dated June 2014 for the proposed stormwater
improvements. Stormwater improvements to include storm drain, inlet and pipe
installations. Other possible improvements to address water quality and water quantity
include; water quality detention ponds, water quality retention ponds, water quantity
storage facilities, wetlands and stormwater pump stations.
33) In providing opinions of cost, financial analyses, economic feasibility projections, and
schedules for the Project, Provider has no control over cost or price of labor and
materials; unknown or latent conditions of existing equipment or structures that may
affect operation or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by operating personnel or third parties;
and other economic and operational factors that may materially affect the ultimate
Project cost or schedule. Given the uncertainty with market conditions and other
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
18
factors that affect cost, Provider makes no warranty that the City’s actual costs will
not vary from the Provider cost estimates.
34) The cost of plan review fees, building permit fees and other required permits shall be
identified, if required, by the Provider but are not included in Provider’s scope or fee.
Fees will be paid by City or Contractor as appropriate.
35) Provider will be required to provide services during construction, including
construction observation, if post-construction certification steps with FEMA are
required. Reference Task 7c.
ARTICLE 2 – Schedule
The estimated PROJECT schedule is based upon a Notice to Proceed from the City of Month Day,
Year. Work will be completed according to the schedule below.
Task Month --> 3
1 Grant Application for HMGP March 2020 thru May 2020
2 Flood Protective Measures Study April 2020 thru June 2020
3 Flood Barrier Study May 2020 thru August 2020
4
Flood Protective Measures Design &
Bidding July 2020 thru January 2021
5 Flood Barrier Design & Bidding September 2020 thru August 2021
6
Project/Task Management Continuous thru study, design and bidding duration.
Includes FEMA post-construction closeout, but with
single invoice for post-construction services in lieu
of monthly. Project Management for Services
During Construction negotiated separately in
Optional Task 7c.
ARTICLE 3 - Compensation
Compensation by City to Provider for the proposed services described above will be as described
in attached Exhibit C.
ARTICLE 4 – Sheet Lists
Assumed sheet count and list for Task 4 - Flood Protective Measures Design and Bidding is
provided in Table 1.
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
19
Table 1
Count Facility
Code Discipline Drawing Title
1 G Project Automation Lead (Project Lead Technician) Cover Sheet Package 1
2 G Project Automation Lead (Project Lead Technician) Site Plan Package 1
3 G Project Automation Lead (Project Lead Technician) Demo Plan Package 1
4 G Project Automation Lead (Project Lead Technician) Sitework Legend/General Notes
5 S Civil/Yard Piping Grading Plan
6 S Civil/Yard Piping Grading Plan
7 S Civil/Yard Piping Grading Plan
8 S Civil/Yard Piping Grading Plan
9 S Civil/Yard Piping Grading Plan
10 S Civil/Yard Piping Paving Plan - Monroe
11 S Civil/Yard Piping Paving Plan - Access Rd
12 S Civil/Yard Piping Paving Plan - Internal Roads
13 Y Civil/Yard Piping Yard Piping Plan-Gravity
14 Y Civil/Yard Piping Yard Piping Plan - Gravity
15 Y Civil/Yard Piping Yard Piping Plan-Gravity
16 50 Structural Seepage Barrier - Plan
17 50 Structural Seepage Barrier - Details
18 50 Structural Seepage Barrier - Cross Sections
19 G Project Automation Lead (Project Lead Technician) Cover Sheet Package 2
20 G Project Automation Lead (Project Lead Technician) Site Plan Package 2
21 G Project Automation Lead (Project Lead Technician) Demo Plan Package 2
22 G Project Automation Lead (Project Lead Technician) Structural Legend/General Notes
23 G Project Automation Lead (Project Lead Technician) Structural Legend/General Notes
24 G Project Automation Lead (Project Lead Technician) Process Legend/General Notes
25 G Project Automation Lead (Project Lead Technician) Electrical Legend/General Notes
26 Y Civil/Yard Piping Yard Piping Plan - Pressure
27 Y Civil/Yard Piping Yard Piping Plan - Pressure
28 Y Civil/Yard Piping Yard Piping Plan - Pressure
29 P Process Mechanical PFD
30 P Process Mechanical Hydraulic Profile
31 10 Structural Primary Clarifier Structural Plan
32 10 Structural Primary Clarifier Structural Sections
33 10 Process Mechanical Primary Clarifier Process Plan
34 10 Process Mechanical Primary Clarifier Process Section
35 10 Electrical Primary Clarifier Electrical Plan
36 10 Electrical Primary Clarifier Electrical Section
37 20 Electrical Transformers Electrical Plan
38 20 Electrical Transformers Electrical Section
39 30 Structural Manholes Structural Plan
40 30 Structural Manholes Structural Sections/Details
41 40 Structural Stormwater Pumps Structural Plan
42 40 Structural Stormwater Pumps Structural Sections
43 40 Process Mechanical Stormwater Pumps Process Plan
44 40 Process Mechanical Stormwater Pumps Process Section
Exhibit B
Scope of Services
Flood Hazard Mitigation at the MRWRRF
20
45 40 Electrical Stormwater Pumps Electrical
46 70 Structural Sludge Pump CR Structural Plan
47 70 Structural Sludge Pump CR Structural Section
48 70 Process Mechanical Sludge Pump CR Process Plan
49 70 Process Mechanical Sludge Pump CR Process Section
50 70 Electrical Sludge Pump CR Electrical
Footnote: installation of permanent pumps in the CSO 102 CCB disinfection channel is a significant project that would
significantly increase sheet count and scope effort. If it is selected for inclusion in the design, additional scope and fee needs
will be evaluated at the initiation of Task 4.
Assumed sheet count and list for Task 5 - Flood Barrier Improvements Design and Bidding is
provided in Table 2.
Table 2
Count Facility
Code Discipline Drawing Title
1 G Project Automation Lead (Project Lead Technician) Cover Sheet and Index
2 G Project Automation Lead (Project Lead Technician) General Notes and Abbreviations
3 G Project Automation Lead (Project Lead Technician) Structural Notes and Design Criteria
4 G Project Automation Lead (Project Lead Technician) Civil and Mechanical Legend
5 G Project Automation Lead (Project Lead Technician) Quality and Assurance (1 of 2)
6 G Project Automation Lead (Project Lead Technician) Quality Assurance (2 of 2)
7 C Civil Wall and Utility Plan
8 C Civil Wall and Utility Plan
9 C Civil Wall and Utility Plan
10 C Civil Wall and Utility Plan
11 C Civil Wall and Utility Plan
12 C Civil Wall and Utility Plan
13 C Civil Wall and Utility Plan
14 C Civil Wall and Utility Plan
15 C Civil Wall and Utility Plan
16 S Structural Wall Profile
17 S Structural Wall Profile
18 S Structural Wall Profile
19 S Structural Wall Profile
20 S Structural Wall Profile
21 S Structural Wall Profile
22 S Structural Wall Profile
23 S Structural Wall Profile
24 S Structural Wall Profile
25 S Structural Gate Plan, Section, and Details
26 S Structural Gate Plan, Section, and Details
27 S Structural Gate Plan, Section and Details
28 S Structural Floodwall Details
29 C Civil Misc. Details
30 C Civil SWPPP
EXHIBIT “C”
BREAKDOWN OF COSTS
Exhibit C
COMPENSATION
Flood Protection Measures at the
Missouri River Water Resource Recovery Facility
Compensation by City of Omaha (City) to Jacobs Engineering Group Inc. (Provider), for the proposed services
described in Exhibit B, Scope of Services will be as follows:
A. COST REIMBURSABLE-MULTIPLIER (TIME AND EXPENSE)
For services enumerated in the Scope of Services above, Provider’s Salary Costs multiplied by a factor of 2.13
Salary Cost Multiplier, plus Direct Expenses, plus a service charge of 10 percent on Direct Expenses and 10
percent of subcontracts and outside services, plus applicable sales, use, value added, business transfer, gross
receipts, or other similar taxes. At Provider’s discretion, billing rates for certain subject matter experts may be
capped to a value less than the bill rate computed based on the multiplier noted above.
B. BUDGET
The maximum cost for this Project, as defined by services described in the Scope of Services outlined in Exhibit
B is One Million, Six Hundred and Forty-one Thousand Five Hundred Dollars and no cents ($1,641,500.00),
which will be billed on a “time and materials” basis. Provider may utilize the compensation between individual
tasks requested by the City but shall not exceed the maximum amount of $1,641,500.00 unless approved in
writing by the City through a contract amendment to this agreement.
Provider is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is City obligated
to pay Provider beyond these limits. When budget has been increased, Provider’s excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been incurred after the approved
increase.
C. DIRECT EXPENSES
Direct Expenses are those necessary costs and charges incurred for the Project including, but not limited to: (1)
the direct costs of transportation and equipment and supplies; (2) Provider’s current standard rate charges for
direct use of Provider’s vehicles, laboratory test and analysis, and certain field equipment; (3) Provider’s
standard project charges for computing systems, and special health and safety requirements of OSHA; and (4)
mileage will be charged at current IRS audit rates at time of services.
A summary of Provider’s task budgets is included in Table C-1 below, with additional breakdown of budgets by task
provided in Table C-2.
TABLE C-1
Flood Protection Measures at the Missouri River Water Resource Recovery Facility – Compensation Summary
Task Name Hours Cost
Task 1 – Grant Application for HMGP 872 $153,987
Task 2 – Flood Protective Measures Study and
Alternatives Analysis 476 $105,696
Task 3– Flood Barrier Study and Alternative
Selection 742 $161,087
Task 4 – Flood Protective Measures Design and
Bidding 2787 $526,228
Task 5 – Flood Barrier Improvements Design and
Bidding 2906 $641,133
Task 6 – Project/Task Management 171 $53,369
Total Authorized Scope $1,641,500
Task 7 – Optional Supplemental Services
7a Additional Grant Application Assistance 260 $38,500
7b Wetlands Mitigation Design TBD TBD
7c Services During Construction TBD TBD
Hourly rates include allowances for salary, payroll taxes, fringe benefits, overhead, and profit,
but do not include allowances for Direct Expenses.
TABLE C-2Flood Protection Measures at the Missouri River Water Resource Recovery Facility - Detailed Breakdown of Budget by TaskDescriptionTom Heineman, Principal/Associate/Contract ManagerMatt Krumholtz, Project ManagerEstell Johnson - Task Manager/Project Delivery CoordinatorKent Bienlien - Task 3 ManagerElise Ibendahl - Senior Technologist/SMEDean Harris - Senior Technologist/SMEMeg Zuercher, Grant Development and Mo.River H&H ModelingRashi Gurney, Grant BCAJane Branson, BCA QCRyan Walkowiak, Environmental ImpactNick Sutko, Floodplain Management SupportJeff Pitts, Plant HydraulicsRachel Saunders, Permitting/Env. ImpactRobert Townsend, Site Civil DesignTim Dodge, Code/ArchitecturalMichele McHenry, StructuralManika Gupta, ElectricalEmily Holtzclaw, Collection System HydraulicsPerrin Niemann, Collection System Hydraulics QCDavid Curann, GeotechnicalPat Nelson, PermittingTask 1 ‐ Grant Application for HMGP14 504841040164268448650000000162012Task 2 ‐ Flood Hardening Study & Alt Analysis10 429818103800000160041010440160Task 3 ‐ Flood Barrier Study and Alt Analysis8 64410418960000000680520001088Task 4 ‐ Flood Protective Measures Design and Bidding6 168 223 344 20 20 44 0 0 0 20 200 0 0 10 215 120 0 0 27 10Task 5 ‐ Flood Barrier Improvements Design and Bidding2 84 0 62 50 182 182 0 0 80 180 0 80 296 0 340 0 60 0 256 64Task 7 ‐ Optional Supplemental Services0 2000400808004000000000000a) Additional Grant Application Assistance20 40 80 80 40b) Wetlands mitigationc) Services During ConstructionTask 6 ‐ Continuous Project Management3 7224000000000000000000file: FeeEstimate_V7_Table C‐2, Fee_Pricer 4/28/2020 5:33 PM
TABLE C-2Flood Protection Measures at the Missouri River Water ReDescriptionTask 1 ‐ Grant Application for HMGPTask 2 ‐ Flood Hardening Study & Alt AnalysisTask 3 ‐ Flood Barrier Study and Alt AnalysisTask 4 ‐ Flood Protective Measures Design and BiddingTask 5 ‐ Flood Barrier Improvements Design and BiddingTask 7 ‐ Optional Supplemental Servicesa) Additional Grant Application Assistanceb) Wetlands mitigationc) Services During ConstructionTask 6 ‐ Continuous Project ManagementEd Meyer, Cost EstimatingRobert Magallon, Associate EngineerRanae Decker, Document Process/Spec EditorCody Schnee, CADTerry DeCarlo Poste - Project ControlsRafal Janusz - Project AccoutantTotal HoursLaborExpensesSubconsultantTotal1000000872148,487$ 5,500$ $0 $153,98726 56 10 68 0 0 476101,296$ 4,400$ $0 $105,69616 116 12 68 0 0 742156,687$ 4,400$ $0 $161,087200 4 86 1070 0 0 2787520,722$ 5,506$ $0 $526,228120 102 46 720 0 0 2906547,633$ 5,500$ $88,000 $641,13300000026038,488$ 12$ $0 $38,500260 $38,488 $12 $38,5000$0 $00$0 $000003042171$35,769 $0$17,600 $53,369file: FeeEstimate_V7_Table C‐2, Fee_Pricer 4/28/2020 5:33 PM
EXHIBIT "D" SUPPLEMENTAL PROVISIONS
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EXHIBIT “D”
SUPPLEMENTAL PROVISIONS
Flood Protection Measures at the Missouri River Water Resource Recovery Facility
ARTICLE 1. SCOPE OF SERVICES
Provider will perform the Scope of Services set forth in
Exhibit “B”.
ARTICLE 2. COMPENSATION
City will compensate Provider as set forth in Exhibit C.
Work performed under this AGREEMENT may be
performed using labor from affiliated companies of
Provider. Such labor will be billed to City under the
same billing terms applicable to Provider’s employees.
ARTICLE 3. TERMS OF PAYMENT
City will pay Provider as follows:
3.1 Invoices and Time of Payment
Provider will issue monthly invoices pursuant to Exhibit
“C”. Invoices are due and payable within 30 days of
receipt.
3.2 Interest
3.2.1 City will be charged interest at the rate of 1-
1/2% per month, or that permitted by law if lesser, on
all past-due amounts starting 30 days after receipt of
invoice. Payments will first be credited to interest and
then to principal.
3.2.2 In the event of a disputed billing, only the
disputed portion will be withheld from payment, and
City shall pay the undisputed portion. City will exercise
reasonableness in disputing any bill or portion thereof.
No interest will accrue on any disputed portion of the
billing until mutually resolved.
3.2.3 If City fails to make payment in full within 30
days of the date due for any undisputed billing, Provider
may, after giving 7 days' written notice to City, suspend
services under this AGREEMENT until paid in full,
including interest. In the event of suspension of
services, Provider will have no liability to City for delays
or damages caused by City because of such
suspension.
ARTICLE 4. OBLIGATIONS OF Provider
4.1 Standard of Care
The standard of care applicable to Provider's Services
will be the degree of skill and diligence normally
employed by professional engineers or consultants
performing the same or similar Services at the time
said services are performed. Provider will reperform
any services not meeting this standard without
additional compensation.
4.2 Subsurface Investigations
In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary
significantly between successive test points and sample
intervals and at locations other than where observations,
exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface
evaluations, changed or unanticipated underground
conditions may occur that could affect total PROJECT
cost and/or execution. These conditions and
cost/execution effects are not the responsibility of
Provider.
4.3 Provider's Personnel at Construction Site
4.3.1 The presence or duties of Provider's personnel
at a construction site, whether as onsite
representatives or otherwise, do not make Provider or
Provider's personnel in any way responsible for those
duties that belong to City and/or the construction
contractors or other entities, and do not relieve the
construction contractors or any other entity of their
obligations, duties, and responsibilities, including, but
not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for
coordinating and completing all portions of the
construction work in accordance with the construction
Contract Documents and any health or safety
precautions required by such construction work.
4.3.2 Provider and Provider's personnel have no
authority to exercise any control over any construction
contractor or other entity or their employees in
connection with their work or any health or safety
precautions and have no duty for inspecting, noting,
observing, correcting, or reporting on health or safety
deficiencies of the construction contractor(s) or other
entity or any other persons at the site except Provider's
own personnel.
4.3.3 The presence of Provider's personnel at a
construction site is for the purpose of providing to City
a greater degree of confidence that the completed
construction work will conform generally to the
construction documents and that the integrity of the
design concept as reflected in the construction
documents has been implemented and preserved by
the construction contractor(s). Provider neither
guarantees the performance of the construction
contractor(s) nor assumes responsibility for
construction contractor's failure to perform work in
accordance with the construction documents.
For this AGREEMENT only, construction sites include
places of manufacture for materials incorporated into
the construction work, and construction contractors
include manufacturers of materials incorporated into
the construction work.
4.4 Opinions of Cost, Financial Considerations,
and Schedules
In providing opinions of cost, financial analyses,
economic feasibility projections, and schedules for the
PROJECT, Provider has no control over cost or price
of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect
operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality of
performance by operating personnel or third parties;
and other economic and operational factors that may
materially affect the ultimate PROJECT cost or
schedule. Therefore, Provider makes no warranty that
City's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from
Provider's opinions, analyses, projections, or
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estimates.
If City wishes greater assurance as to any element of
PROJECT cost, feasibility, or schedule, City will
employ an independent cost estimator, contractor, or
other appropriate advisor.
4.5 Construction Progress Payments
Recommendations by Provider to City for periodic
construction progress payments to the construction
contractor(s) will be based on Provider's knowledge,
information, and belief from selective sampling that the
work has progressed to the point indicated. Such
recommendations do not represent that continuous or
detailed examinations have been made by Provider to
ascertain that the construction contractor(s) have
completed the work in exact accordance with the
construction documents; that the final work will be
acceptable in all respects; that Provider has made an
examination to ascertain how or for what purpose the
construction contractor(s) have used the moneys paid;
that title to any of the work, materials, or equipment has
passed to City free and clear of liens, claims, security
interests, or encumbrances; or that there are not other
matters at issue between City and the construction
contractors that affect the amount that should be paid.
4.6 Record Drawings
Record drawings, if required, will be prepared, in part,
on the basis of information compiled and furnished by
others, and may not always represent the exact
location, type of various components, or exact
manner in which the PROJECT was finally
constructed.
Provider is not responsible for any errors or
omissions in the information from others that is
incorporated into the record drawings.
4.7 Reserved
4.8 Provider's Insurance
Provider will maintain throughout this AGREEMENT
the following insurance:
(a) Worker's compensation and employer's
liability insurance as required by the state where the
work is performed.
(b) Comprehensive automobile and vehicle
liability insurance covering claims for injuries to
members of the public and/or damages to property of
others arising from use of motor vehicles, including
onsite and offsite operations, and owned, nonowned, or
hired vehicles, with $1,000,000 combined single limits.
(c) Commercial general liability insurance
covering claims for injuries to members of the public or
damage to property of others arising out of any covered
negligent act or omission of Provider or of any of its
employees, agents, or subcontractors, with $1,000,000
per occurrence and in the aggregate.
(d) Professional liability insurance of
$1,000,000 per occurrence and in the aggregate.
ARTICLE 5. OBLIGATIONS OF City
5.1 City-Furnished Data
City will provide to Provider all data in City's
possession relating to Provider's services on the
PROJECT. Provider will reasonably rely upon the
accuracy, timeliness, and completeness of the
information provided by City.
5.2 Access to Facilities and Property
City will make its facilities accessible to Provider as
required for Provider's performance of its services and
will provide labor and safety equipment as required by
Provider for such access. City will perform, at no cost
to Provider, such tests of equipment, machinery,
pipelines, and other components of City's facilities as
may be required in connection with Provider's services.
5.3 Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of
Services, City will obtain, arrange, and pay for all
advertisements for bids; permits and licenses
required by local, state, or federal authorities; and
land, easements, rights-of-way, and access
necessary for Provider's services or PROJECT
construction.
5.4 Timely Review
City will examine Provider's studies, reports, sketches,
drawings, specifications, proposals, and other
documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial
advisors, and other consultants as City deems
appropriate; and render in writing decisions required
by City in a timely manner.
5.5 Prompt Notice
City will give prompt written notice to Provider
whenever City observes or becomes aware of any
development that affects the scope or timing of
Provider's Services, or of any defect in the work of
Provider or construction contractors.
5.6 Asbestos or Hazardous Substances
5.6.1 If asbestos or hazardous substances in
any form are encountered or suspected, Provider
will stop its own work in the affected portions of the
PROJECT to permit testing and evaluation.
5.6.2 If asbestos is suspected, Provider will, if
requested, manage the asbestos remediation
activities using a qualified subcontractor at an
additional fee and contract terms to be negotiated.
5.6.3 If hazardous substances other than
asbestos are suspected, Provider will, if requested,
conduct tests to determine the extent of the problem
and will perform the necessary studies and
recommend the necessary remedial measures at an
additional fee and contract terms to be negotiated.
5.6.4 Client recognizes that Provider assumes no
risk and/or liability for a waste or hazardous waste site
originated by other than Provider.
5.7 Reserved
5.8 Reserved
5.9 Litigation Assistance
The Scope of Services does not include costs of
Provider for required or requested assistance to
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support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by City. All such
Services required or requested of Provider by City,
except for suits or claims between the parties to this
AGREEMENT, will be reimbursed as mutually agreed.
5.10 Changes
City may make or approve changes within the general
Scope of Services in this AGREEMENT. If such
changes affect Provider's cost of or time required for
performance of the services, an equitable adjustment
will be made through an amendment to this
AGREEMENT.
ARTICLE 6. GENERAL LEGAL PROVISIONS
6.1 Authorization to Proceed
Execution of this AGREEMENT by City will be
authorization for Provider to proceed with the work,
unless otherwise provided for in this AGREEMENT.
6.2 Reuse of PROJECT Documents
All reports, drawings, specifications, documents, and
other deliverables of Provider, whether in hard copy or
in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or
not. City agrees to indemnify Provider and Provider's
officers, employees, subcontractors, and affiliated
corporations from all claims, damages, losses, and
costs, including, but not limited to, litigation expenses
and attorney's fees arising out of or related to the
unauthorized reuse, change or alteration of these
PROJECT documents.
6.3 Force Majeure
Provider is not responsible for damages or delay in
performance caused by acts of God, strikes, lockouts,
accidents, or other events beyond the control of
Provider. In any such event, Provider’s contract price
and schedule shall be equitably adjusted.
6.4 Limitation of Liability
6.4.1 To the maximum extent permitted by law,
Provider's liability for City's damages will not, in the
aggregate, exceed $1,641,500.00.
6.4.2 This limitation of liability will apply whether
Provider’s liability arises under breach of contract or
warranty; tort; including negligence; strict liability;
statutory liability; or any other cause of action, and
shall include Provider’s officers, affiliated
corporations, employees, and subcontractors.
6.5 Termination
6.5.1 This AGREEMENT may be terminated for
convenience on 30 days' written notice, or for cause if
either party fails substantially to perform through no
fault of the other and does not commence correction of
such nonperformance within 5 days of written notice
and diligently complete the correction thereafter.
6.5.2 On termination, Provider will be paid for all
authorized services performed up to the termination
date plus termination expenses, such as, but not
limited to, reassignment of personnel, subcontract
termination costs, and related closeout costs.
6.6 Suspension, Delay, or Interruption of Work
City may suspend, delay, or interrupt the Services of
Provider for the convenience of City. In such event,
Provider's contract price and schedule shall be
equitably adjusted.
6.7 No Third-Party Beneficiaries
This AGREEMENT gives no rights or benefits to
anyone other than City and Provider and has no third-
party beneficiaries.
6.8 Reserved
6.9 Assignment
This is a bilateral personal Services AGREEMENT.
Neither party shall have the power to or will assign any
of the duties or rights or any claim arising out of or
related to this AGREEMENT, whether arising in tort,
contract or otherwise, without the written consent of the
other party. Any unauthorized assignment is void and
unenforceable. The parties further agree that Provider
may novate this AGREEMENT to an affiliate in the case
of normal corporate restructuring, provided any such
novation does not adversely affect its ability to perform
this AGREEMENT. These conditions and the entire
AGREEMENT are binding on the heirs, successors, and
assigns of the parties hereto.
6.10 Reserved
6.11 Reserved
6.12 Jurisdiction
The substantive law of the state of the PROJECT site
shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims
related to it.
6.13 Severability and Survival
6.13.1 If any of the Provisions contained in this
AGREEMENT are held for any reason to be invalid,
illegal, or unenforceable, the enforceability of the
remaining provisions shall not be impaired thereby.
6.13.2 Limitations of liability, indemnities, and other
express representations shall survive termination of this
AGREEMENT for any cause.
6.14 Materials and Samples
Any items, substances, materials, or samples removed
from the PROJECT site for testing, analysis, or other
evaluation will be returned to the PROJECT site within
60 days of PROJECT close-out unless agreed to
otherwise. City recognizes and agrees that Provider is
acting as a bailee and at no time assumes title to said
items, substances, materials, or samples.
6.15 Engineer’s Deliverables
Engineer’s deliverables, including record drawings, are
limited to the sealed and signed hard copies. Computer-
generated drawing files furnished by Provider are for
City or others' convenience. Any conclusions or
information derived or obtained from these files will be
at user's sole risk.
6.16 Dispute Resolution
The parties will use their best efforts to resolve
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amicably any dispute, including use of alternative
dispute resolution options.
6.17 Reserved
6.18 Intellectual Property
City acknowledges and agrees that in the performance
of the development service, Provider may utilize its
proprietary data, concepts, methods, techniques,
processes, protocols, ideas, inventions, know-how,
trade secrets, algorithm, software, works of authorship,
software and hardware architecture, databases, tools,
other background technologies and standards of
judgment that Provider developed or licensed from third
parties prior to the Effective Date (the “Pre-Existing
Technology”).
Subject to the terms and conditions of this
AGREEMENT, Provider hereby grants to City a non-
exclusive, non-transferable, royalty-free license under
Provider’s Intellectual Property Rights to utilize the Pre-
Existing Technology for the purpose of the City Project.
City shall not, and shall not allow any third party to: (i)
modify or otherwise create derivative works of the Pre-
Existing Technology; (ii) use the Pre-Existing
Technology for any other purpose, other than the City
Project; (iii) make, have made, use, reproduce, license,
display, perform, distribute, sell, offer for sale, service,
support, or import any product that incorporates,
embodies and/or is based upon the Pre-Existing
Technology; (iv) sublicense, distribute or otherwise
transfer to a third party any of the Pre-Existing
Technology by itself or as incorporated into software or
hardware; or (v) reverse engineer, disassemble,
decompile or attempt to derive the source code or
underlying ideas or algorithms of the Pre-Existing
Technology. Any additional use of the Pre-Existing
Technology shall require a separate written license
agreement.