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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 PLl "�I �o 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. ritiAltatk EXECUTED this 1 day of 2013 . ( -_) 2., S - '7 Provider ( -,/1C `/r cal, BY C) � -. ,-ii�' 0' 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