RES 2013-0447 - Amendment to agmt with CH2M Hill Engineers Inc for OPW 52406, Missouri River WWTP transfer lift station r r�
11.11 Public Works Department
�ri C�1 n April 9 2� ` h'' l 9 Omaha/Douglas Civic Center
- d h E 1 9 L u , s 1819 Farnam Street,Suite 601
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Omaha,Nebraska 68183-0601
(402)444-5220
OPgrED FEB11131.' CITY L. L ,,'t N Fax(402)444-5248
City of Omaha 0 M A H h. N t t- R' ! Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving Amendment No. 1 to an Professional Services
Agreement with CH2M Hill Engineers, Inc. to perform the design engineering, permitting, and
construction phase of the replacement of the force main on Missouri River Waste Water
Treatment Plant Transfer Lift Station Force main project, known as OPW 52406, was approved
by Council Resolution No. 330 on March 12, 2012
The attached Amendment to the Agreement authorizes CH2M Hill Engineers, Inc. to assist with
field engineering services and special inspections during construction of the replacement of the
force main from the Transfer Lift Station to the Secondary Complex at the Missouri River Waste
Water Treatment Plant. The exact scope of services is included in Exhibit B of the attached
Amendment. CH2M Hill Engineers, Inc. has agreed to perform the services detailed in Exhibit
C of the attached Amendment for a fee not to exceed $188,910 to he paid from Sewer Revenue
Improvement Fund 21124, Capital Asset Replacement Program Organization 116913; Sewer
Revenue Bonds will be issued to finance this project.
CII2M Hill Engineers, Inc. has filed the required Contract Compliance Report. Form CC-1. in
the Human Rights and Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Amendment to the Engineering Agreement.
Respectfully submitted, Referred to City Council for Consideration:
3_/y _/ 3 Z Z • I
Ro rt G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved:
LiCk C. — -.)-1 (3 RiLti_teLak -11e3e9
,.1� Allen Herink Date Human Rights and Relations Da e
Acting Finance Director Department
1024djr
AMENDMENT NO 1 TO PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT is hereby made and entered into this 13 day of March, 2013, by and between the
City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as
the "City"), and CH2M HILL Engineers, Inc (hereinafter referred to as the "Provider"), on the terms,
conditions and provisions as set forth herein below. All references to "Contractor" shall mean
"Provider".
WHEREAS, there now exists an agreement between the two parties dated 15 February 2013 covering
OPW 52406— Missouri River Wastewater Treatment Plant — Transfer Lift Station Force Main
Replacement and,
WHEREAS, Article 5.10, Exhibit D "Supplemental Provisions" of the above referenced Agreement
provides that additional services not covered by the original scope of the Agreement and additional
compensation be paid on the basis of an Amendment to the original Agreement, and
WHEREAS, some provisions of the Professional Services Agreement have been revised and will be
stated below, and
WHEREAS, it is the desire of both parties that the Provider provide additional services required for the
project and receive additional compensation and schedule adjustments(as revised herein)
NOW THEREFORE,the parties hereto mutually agree as follows:
I. PROJECT NAME AND DESCRIPTION
AMENDMENT 1 to OPW 52406 — Missouri River Wastewater Treatment Plant — Transfer Lift
Station Force Main Replacement
II. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, as set out and more fully described in the
Proposal attached hereto, for the City, relative to the above-referenced project which is
illustrated in Exhibit "B" attached hereto. Such services shall be completed within a 300
calendar day period after receipt of a purchase order from the City.
B. Provider designates Matt Krumholz whose business address and phone number is 9193 South
Jamaica St., Englewood, CO 80112/720-286-2747 as its project manager and contact person
for this project.
C. Provider agrees to maintain records and accounts, including personnel, financial and property
records, sufficient to identify and account for all costs pertaining to the project and certain
other records as may be required by the City to assure a proper accounting for all project
funds. These records shall be made available to the City for audit purposes and shall be
retained for a period of five(5)years after the expiration of this Agreement.
D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all
compensated providers,employees,and subcontractors.
E. Provider agrees to complete, within 120 calendar days of receipt of a purchase order from the
City, the necessary services. The City recognizes that completion within this deadline is
contingent upon timely response from utilities and City input.
F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's
Human Rights and Relations Department prior to signing the agreement.
III. DUTIES OF CITY
A. City designates Rick Murch whose business address and phone number are 5600 South 10th
Street,Omaha Nebraska 68107 and(402)444-3915 x 204 as its contact person for this
project,who shall provide a notice to proceed and such other written authorizations as are
necessary to commence for proceed with the project and various aspects of it.
IV. COMPENSATION AND PAYMENT
A. The cost of services as specified in the Scope of Service for AMENDMENT 1, shall be
performed on an hourly basis, but in no event shall exceed $188,910 increasing the total not
to exceed the contract amount to $376,980. 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.
VIII. INDEMNIFICATION
The Provider agrees,to the fullest extent permitted by law,to indemnify,defend and hold harmless
the City,its officers,directors and employees(collectively, City)against all damages, liabilities or
costs, including reasonable attorneys'fees and defense costs,to the extent caused by the Provider's
negligent performance of professional services under this Agreement and that of its subconsultants
or anyone for whom the Provider is legally liable. The City agrees,to the fullest extent permitted
by law, to indemnify and hold harmless the Provider, its officers, directors, employees and
subconsultants(collectively, Provider)against all damages, liabilities or costs, including reasonable
attorneys'fees and defense costs in connection with the Project,to the extent caused by the City's
negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City
nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the
other party's own negligence.
X. GENERAL CONDITIONS
G. Modification. This Amendment 01 and the original 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.
J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The
Contractor is required and hereby agrees to use a federal immigration verification system to
determine the work eligibility status of new employees physically performing services within
the State of Nebraska. A federal immigration verification system means the electronic
verification of the work authorization program authorized by the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,
or an equivalent federal program designated by the United States Department of Homeland
Security or other federal agency authorized to verify the work eligibility status of a newly
hired employee.
If the Contractor is an individual or sole proprietorship,the following applies: 1.The
Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor
indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to
provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements (SAVE)Program. 3. The Contractor understands and agrees that lawful
presence in the United States is required and the Contractor may be disqualified or the
contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat.
§4-108.
K. Contract Compliance Ordinance No.35344,Section 10-192
Equal Employment Opportunity Clause
During the performance of this contract,the Contractor agrees as follows:
1) The Contractor shall not discriminate against any employee or applicant for employment
because of race,religion, color, sex, age, sexual orientation, gender identity, disability, or
national origin. The Contractor shall ensure that applicants are employed and that
employees are treated during employment without regard to their race, religion, color,
sex, sexual orientation, gender identity, or national origin. As used herein, the word
"treated" shall mean and include, without limitation,the following: recruited, whether by
advertising or by other means; compensated; selected for training, including
apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and
terminated. The Contractor agrees to and shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officers setting forth the provisions of this nondiscrimination clause.
2) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex, sexual orientation, gender
identity, or national origin,age, disability.
3) The Contractor shall send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding a notice advising
the labor union or worker's representative of the Contractor's commitments under the
Equal Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
4) The Contractor shall furnish to the human rights and relations director all Federal forms
containing the information and reports required by the Federal government for Federal
contracts under Federal rules and regulations, and including the information required by
Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records.
Records accessible to the human rights and relations director shall be those which are
related to Paragraphs(1)through(7)of this subsection and only after reasonable notice is
given the Contractor. The purpose for this provision is to provide for investigation to
ascertain compliance with the program provided for herein.
5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein,
including penalties and sanctions for noncompliance; however, in the event the
Contractor becomes involved in or is threatened with litigation as the result of such
directions by the City, the City will enter into such litigation as necessary to protect the
interests of the City and to effectuate the provisions of this division; and in the case of
contracts receiving Federal assistance, the Contractor or the City may request the United
States to enter into such litigation to protect the interests of the United States.
6) The Contractor shall file and shall cause his subcontractors, if any, to file compliance
reports with the Contractor in the same form and to the same extent as required by the
Federal government for Federal contracts under Federal rules and regulations. Such
compliance reports shall be filed with the human rights and relations director.
Compliance reports filed at such times as directed shall contain information as to the
employment practices, policies, programs and statistics of the Contractor and his
subcontractors.
7) The Contractor shall include the provisions of Paragraphs (1)through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
XI. PROVISIONS OF THE ORIGINAL AGREEMENT
The parties hereunto mutually agree that all provisions and requirements of the existing Agreement,dated
15 February 2013,that are not specifically modified by this Amendment, shall remain in full force and
effect.
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EXECUTED this 1 day of 2013 .
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ATTEST('7/i
QJcil iv, - J `1(Y d )/4e rr
(Title) J U
EXECUTED this `� day of �I,21"i/ _a4
ATTE oss,eCITY OF OMAHA,A Mu ' '•al Co •oration
•
BY ,. is .de,/�
ity Clerk Mayo
APPROVED AS TO FORM:
247, /7 ',:7- _r-?As Y,:'?
eputy City Attorney
Revised: 1/2013
AMENDMENT 1 -EXHIBIT"A"
UTILIZATION OF SMALL AND EMERGING SMALL BUSINESSES
NO CHANGES FROM ORIGINAL AGREEMENT
AMENDMENT 1 -EXHIBIT"B"
SCOPE OF SERVICES
ADDITIONAL SERVICES DETAILED
Exhibit B
SCOPE OF SERVICES - OPW 52406
City of Omaha Missouri River Wastewater Treatment Plant -
Transfer Lift Station Forcemain Replacement - Amendment 1
Amendment No 1., described herein,shall hereby amend the Professional Services
Agreement betweenCH2M HILL Engineers, Inc. (PROVIDER) and the City of Omaha
(CITY) for OPW 52406 City of Omaha Missouri River Wastewater Treatment Plant-
Transfer Lift Station Force Main Replacement dated February 15 2013,to add the following
additional services and assumptions.
The PROVIDER will perform construction inspection services and special inspections
during the replacement of the transfer lift forcemain. The construction work will be
performed as a change order to the Schedule A South Omaha Industrial Area Facilities
construction by Hawkins Construction Company(CONTRACTOR) in 90 days.The
PROVIDER will support these efforts at the CITYs direction.
The following details the scope of services to be performed under Amendment No. 1.
Scope of Service
Task 6 Field Services During Construction
The PROVIDER will perform and subconsult construction inspection services for the
replacement of the Transfer Lift Forcemain. The services are based on the understanding
that the CITY will contract directly with the CONTRACTOR as a Work Change
Directive/Change Order to Schedule A. The CITY will be actively involved in the
construction process to make decisions,provide approvals,and perform other actions
necessary for the completion of the construction.
Construction inspection will include onsite observations of the CONTRACTOR's work for
the purpose of determining if the work generally conforms to the contract for construction
and that the integrity of the design concept, as reflected in the contract for construction,has
been implemented and preserved by the CONTRACTOR,and assisting the CITY in
responding to events that occur during construction. Construction inspection will also
including documentation that appropriate health and safety requirements are followed and
that materials from environmentally impacted areas are handled in conformance with the
specifications.
The construction inspector will provide construction contract administration as a part of the
Missouri River Wastewater Treatment Plant South Omaha Industrial Area Facilities,
Schedule A (OPW 52200)construction management team utilizing the systems established.
The constructor inspector will utilize the document management system/procedures,
review shop drawings,review submittals,respond to requests for information,issuing Field
Orders,issuing Change Proposal Requests,Change Orders,coordinate independent testing
Amendment 1-Exhibit B-Proposal
Page 1 of 2
OPW 52406
TRANSFER LIFT STATION FORCE MAIN REPLACEMENT
and special inspections,review CONTRACTORs construction schedule,and reviewing
requests for payment.
PROVIDER is not responsible for health or safety precautions of construction workers.
PROVIDER is not responsible for the CONTRACTOR's compliance with the health and
safety requirements in the contract for construction,or with federal, state,and local
occupational safety and health laws and regulations.
Task 7 Special Inspections
The PROVIDER will execute a subcontract with the Schedule A Special Inspection
subconsultant,Terracon Consultants,Inc. (SUBCONSULTANT),to provide independent
material testing,special inspection or other services related to verifying the quality of the
CONTRACTORS work.The PROVIDER will coordinate the testing,inspection,and survey
services.The PROVIDER will review the reports and other information prepared by the
independent firms.The PROVIDER will assist in coordinating schedules and the transmittal
of the reports,findings,or other information to the CONTRACTOR and/or the CITY.The
PROVIDER shall not be responsible for the accuracy or completeness of the work and
reports of the independent testing,inspection,and survey firms.
Schedule
No change.
Assumptions
1) The CONTRACTOR will perform all construction work within 90 calendar days
from issuance of the Notice to Proceed to the CONTRACTOR for construction.
2) The CONTRACTOR will perform work 6 days per week for 10 hours a day.
3) The CITY will directly hire independent third party asbestos abatement oversight to
ensure compliance with the work plan and specifications for asbestos abatement.
4) The Special Inspection SUBCONSULTANT fees will not exceed$35,000 which is
equivalent to 1-Percent of the Engineers Estimate for the construction cost.
Amendment 1-Exhibit B-Proposal
Page 2 of 2
AMENDMENT 1 -EXHIBIT"C"
BREAKDOWN OF COSTS
ADDITIONAL COSTS DETAILED
Exhibit C - Breakdown of Cost by Services
COMPENSATION - OPW 52406
City of Omaha Missouri River Wastewater Treatment Plant -
Transfer Lift Station Force Main Replacement - Amendment 1
Compensation shall be based on a 2.133 salary cost multiplier for office services and part
time field staff. Compensation shall be based on a 1.867 salary cost multiplier for full time
field staff. A 10-percent mark-up will be applied on all direct expenses and subcontractors.
PROVIDER will complete the Proposed Scope of Services for Amendment 1 on a time and
materials basis for an additional one hundred eighty eight thousand nine hundred and ten
dollars($188,910)increasing the total not to exceed contract amount to three hundred
seventy-six thousand nine hundred and eighty dollars($376,980).
PROVIDER reserves the right to transfer funds amongst the various tasks based on actual
services rendered but shall not exceed the contract total without the prior written approval
of the CITY.
The following table summarizes the Anticipated Level of Effort to complete this scope of
services added by Amendment 1.
Task Total Labor Total Labor Identified
Number Task Title Hours Cost Expenses Task Total
Total Transfer Lift FM Replacement Final Design 86 $18,196 $170,713 $188,910
6 Field Services During Construction 86 $18,196 $132,213 $150,410
7 Special Inspections $38,500 $38,500
C-
25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska -
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, a Professional Services Agreement with CH2M Hill Engineers, Inc. to
perform the design engineering, permitting, and construction phase of the replacement of the
force main on Missouri River Waste Water Treatment Plant Transfer Lift Station Force main
project, known as OPW 52406, was approved by Council Resolution No. 330 on March 12,
2012; and
WHEREAS, additional services are required to assist in field engineering services and
special inspections during the construction phase; and,
WHEREAS, CH2M Hill Engineers, Inc. has agreed to perform the additional services
needed as detailed in the attached Amendment No. 1 to the Agreement, which by this reference
is made a part hereof, for an additional fee not exceed $188,910 to be paid from Sewer Revenue
Improvement Fund 21124, Capital Asset Replacement Program Organization 116913; Sewer
Revenue Bonds will be issued to finance this project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, Amendment No. 1 to the Professional Services
Agreement with CH2M Hill Engineers, Inc. for the provision of assisting with field engineering
services and special inspections during construction of the replacement of the force main on
Missouri River Waste Water Treatment Plant Transfer Lift Station Force main project, known as
OPW 52406, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the additional fee not to exceed
$188,910 for these engineering services to be paid from Sewer Revenue Improvement Fund
21124, Capital Asset Replacement Program Organization 116913; Sewer Revenue Bonds will be
issued to finance this project.
1023djr APPROVED AS TO FORM:
By.
// / , ITY ATTORNEY DATE
• lcilmember
Adopted A .R - 91013 7 )
• Clerk W/..5Approved,4
Mayor
NO. 5/7
Resolution by
Res. that, as recommended by the Mayor,
Amendment No. 1 to the Professional
Services Agreement with CI-12M Hill
Engineers, Inc. for the provision of assisting
with field engineering services and special
inspections during construction of the
replacement of the force main on Missouri
River Waste Water Treatment Plant Transfer
Lift Station Force main project, known as
OPW 52406, is hereby approved; and that, the
Finance Department is authorized to pay the
additional fee not to exceed $188,910 for
these engineering services to be paid from
Sewer Revenue Improvement Fund 21124,
Capital Asset Replacement Program
Organization 116913; Sewer Revenue Bonds
will be issued to finance this project.
1023Adjr
Presented to City Council
APR - 9 2013
Adopted -c;
U�u�fer d rocun
City Clerk