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RES 2013-0330 - Agmt with CH2M Hill Engineers Inc for OPW 52406, Missouri River WWTP transfer lift station force main replacement a 014°H4,N.6'41` LU i 1 Public Works Department � �', � !s Omaha/Douglas Civic Center Witi1���k? March 12, 2013 3 : . FYI t�6 is k i{ 1819 Farnam Street,Suite 601 o,�,= ! y .�►;;,^ Omaha,Nebraska 68183-0601 AA �ry o� ¢ (402)444-5220 4TBD PEaROP Fax(402)444-5248 City of OmahaI. E' 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 a Professional Services Agreement with CH2M Hill Engineers, Inc for design services on Project OPW 52406, being the Missouri River Wastewater Treatment Plant - Transfer Lift Station Force Main Replacement. The attached agreement and resolution authorizes CH2M Hill Engineers, Inc to proceed with the work which will encompass design, permitting, and construction phase engineering services for replacement of the existing force mains running from the transfer lift station to the secondary treatment complex at the City's Missouri River Wastewater Treatment Plant, as detailed in Exhibit B of the Agreement. CH2M Hill Engineers, Inc has agreed to perform the services in the attached utreenlent for a fee not to exceed $188,070.00, as detailed in Exhibit C, which is payable from the Sewer Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913; Sewer Revenue Bonds will be issued to finance this project. CH2M Hill Engineers, Inc has filed the required Annual Contract Compliance Form CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted Referre City Council for Consideration: ? _ �-�- Z-z _ t 3 `', z . is obert G. Stubbe, P.E. Date Mayor's @ fic- Date Public Works Director A roved as to Funding: Approved: _ (JCL' c'76/ Leslie A. Schaefer Date H man Rights and Relations Date Interim Finance Director Department I 690htp PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 15 day of February, 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". The City's standard terms and conditions and Exhibit D — Supplemental Provisions are hereby incorporated into the Agreement as set forth below. If any discrepancy exists between this document and Exhibit D, Exhibit D will prevail. I. PROJECT NAME AND DESCRIPTION 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 300 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 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed on an hourly basis, but in no event shall exceed $188,070. Detailed breakdown of costs shall be shown in Exhibit"C". B. Reimbursable expenses shall be billed to the City by the Provider. C. INCREASE OF FEES The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent, if the original fee is one hundred fifty thousand dollars ($150,000) or more, or(b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the city council. The provisions of this section will be quoted in all future city contracts. Nothing in this section is intended to alter the authority of the mayor under section 5.16 of the Charter to approve immediate purchases. V. OWNERSHIP OF INSTRUMENTS OF SERVICE The City acknowledges the Provider's construction documents, including electronic files, as instruments of professional service.Nevertheless, upon completion of the services and payment in full of all monies due to the Provider,the final construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the prior written authorization of the Provider. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider, its officers, directors, employees and subconsultants(collectively, Provider)against any damages, liabilities or costs, including reasonable attorneys'fees and defense costs,arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the City, regardless of whether such reuse or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required, Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. INDEMNIFICATION The Provider agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless the City, its officers, directors and employees (collectively, City) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs,to the extent caused by the Provider's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is legally liable. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees and subconsultants(collectively, Provider)against all damages, liabilities or costs, including reasonable attorneys'fees and defense costs in connection with the Project,to the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89, political or religious opinions, affiliations or national origin. B. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement, no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. Modification. This Agreement contains the entire Agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. H. Assignment. The Provider may not assign its rights under this Agreement without the express prior written consent of the City. I. Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a,known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. K. Contract Compliance Ordinance No.35344,Section 10-192 Equal Employment Opportunity Clause During the performance of this contract,the Contractor agrees as follows: 1) The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation, gender identity, or national origin. As used herein, the word "treated" shall mean and include, without limitation,the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, sexual orientation, gender identity,or national origin,age,disability. 3) The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Contractor shall furnish to the human rights and relations director all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall be those which are related to Paragraphs (1)through (7)of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. 6) The Contractor shall file and shall cause his subcontractors, if any, to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. 7) The Contractor shall include the provisions of Paragraphs (1)through (7) of this Section, "Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. EXECUTED this 15 day of February 2013 . Douglas E. Simon Provider 4 iz, „..c? ,,,..7 .----,, A,'TEST Designated Manager (Title) EXECUTED this �— day of file4 d - ,.403 ATTEST „4, .._ CITY OF OMAHA, A Municipal Corporation h., By4F //.� City C erk /Kyr APPROVED AS TO FORM: iOri ?.--4Z) t''> Deputy ity Attorney Revised: 1/2013 EXHIBIT "A" RESERVED EXHIBIT"B" SCOPE OF SERVICES Exhibit B - Proposal SCOPE OF SERVICES — OPW 52406 City of Omaha Missouri River Wastewater Treatment Plant — Transfer Lift Station Forcemain Replacement Project Understanding The project to be performed will occur on the City of Omaha's(CITY's)Missouri River Wastewater Treatment Plant(MRWWTP).Two 48-inch steel and prestressed concrete cylinder pipe(PCCP)forcemains run from the Transfer Lift Station to the Secondary Treatment Complex,supported on underground piles,the plant effluent box,and the Ohern outfall. Both of these pipes are leaking and bypass pumping has been initiated to remove them from service. The CITY has evaluated the repair and replacement alternatives and has decided to replace the dual forcemains with 48-inch ductile iron pipe(DIP). The intent is to demolish the existing forcemains and the existing 24-inch sludge line so that the existing alignment can be utilized for the replacement forcemains. The general location of the parallel forcemains is shown below. 4- . .-,/ •s� m«E s A4.zs a North v 5 r t ae 4 T %ttE_p r s s Z C C — - pp E5 1 + ET•T02t _ FORCE MAWS ( i ! 1. 11 24.,TNSAE Nc,EATEN �I � !_ >E rHE r MST. L5 {634 Y•HEw II / TEGNCARY TREATMENT TT��.. L�C2GTa 46 STA.f3933 GOMIT,E Oi'ERATi:MS �r I 11 iR:P.ENO sEMER 1 AH fhLEA•f VAAJES i'R LIE. STA CH2M HILL Engineers,Inc. (PROVIDER)will design a replacement of the forcemains from the flanged connections inside the transfer lift building to the flanged connections inside the secondary complex. In addition,the cross connection between the roughing filters and the trickling filters will be replaced. The replacement work will be constructed as a change order to the Schedule A South Omaha Industrial Area Facilities construction to be performed by Hawkins Construction Company(CONTRACTOR) and therefore bidding support will not be necessary.The PROVIDER will utilize existing record drawings, submittals and site investigation results to design the replacement of the parallel 48-inch forcemains.The work will be performed in accordance with the following design scope of services to include progression directly to a 90-percent complete design package for CITY review. The Scope of Services and fee for field services during construction will be contracted after the design is complete and a construction schedule is established. The following details the Design scope of services. Exhibit B-Proposal Page 1 of 6 OPW 52406 TRANSFER LIFT STATION FORCE MAIN REPLACEMENT Proposed Scope of Services Task 1 - 90-Percent Project Manual Update The existing drawings will be progressed from the current plan and profile sheets used for the Transfer Lift Repair and the Emergency Bypass Pumping 208 permit. The approach for progressing immediately to a 90-percent deliverable will be to utilize available record drawings, submittal records, and two progress snapshot meetings with the CITY to fast track the design. During the first meeting, the PROVIDER will review with the CITY the: • asbestos testing results and demolition requirements, • proposed alignment, • structural integrity of the existing air release structures for continued use with the new forcemains, • building penetration requirements, • materials of construction, • review corrosion protection approaches utilized for Schedule A/B and confirm they are appropriate for this work, • forcemain support approaches, • construction constraints such as site access, • 208 permitting approach including constructing timing and backfill requirements, • final grading requirements and surface restoration,and • configuration of the roughing filter bypass. Evaluations at this meeting will be qualitative and will not require detailed cost estimating to determine a path forward. PROVIDER will prepare summary minutes of the meeting documenting key decisions and action items and forward to the CITY via email for review and comment prior to finalizing.PROVIDER will incorporate responses to CITY comments to further advance the design. During the second meeting, the PROVIDER will update the CITY on progress of the initial review topics and seek guidance on additional design considerations. It is recommended that the CONTRACTOR be engaged in this second meeting to provide demolition and constructability input. PROVIDER will prepare summary minutes of the meeting documenting key decisions and action items and forward to the CITY via email for review and comment prior to finalizing. PROVIDER will incorporate responses to CITY comments to further advance the design. The following drawings will be generated or updated to the 90-percent level of completion for inclusion into the OPW 51875-South Omaha Industrial Area Facilities,Schedule A Project Manual: 1. Demolition-003-R-2301,2303 and 2305 2. Site Grading and SWPPP- 051-C-2301,2303 and 2305 3. Paving-051-C-2401,2403 and 2405 4. Landscape-052-L-2301,2303 and 2305 5. Yard Piping-053-C-2301,2303 and 2305 6. Yard Piping Plan and Profile -053-Y-3003, 3004 and 3005 7. Yard Piping Details-053-Y-5009,5010,5011 and 5012 EXHIBIT B-PROPOSAL PAGE 2 OF 6 OPW 52406 TRANSFER LIFT STATION FORCE MAIN REPLACEMENT 8. Site Electrical-054-E-2301,2303 and 2305 9. Secondary Complex Modifications-600-D-2004 and 2005 Schedule A project specifications will be updated where appropriate and additional specifications will be added as necessary. This submittal will be an essentially complete design,with the exception of changes to be incorporated based on reviews of this 90-percent package.The 90-percent submittal package will include 10 copies of the following: • Project Manual(specifications and drawings) configured for a change order or work change directive. • PROVIDER's opinion of probable construction cost. Task 2 - 100-Percent Project Manual Update The PROVIDER will modify the 90-percent plans and specifications to address comments by the CITY,United States Army Corps of Engineers (USACE,see Task 3 for 208 authorization approach)and CONTRACTOR on the deliverable. Comments provided will be adjudicated with a single conference call. The 100-percent submittal shall be a final set of documents suitable for stamping and contracting purposes.The submittal package shall include: • Project Manual(specifications and drawings)configured for a change order. • PROVIDER's opinion of probable construction cost. Task 3 - Permitting Provide environmental and permitting support services of the replacement of the Transfer Lift Forcemain. Based on the preliminary evaluations the only permits necessary for this effort are: • USACE Levee Flood Risk Reduction Impact Authorization 33 CFR 208.10.Prepare a 208 permit application for submittal to USACE,Omaha District,to address impacts associated with the replacement of the Transfer Lift Forcemain. It is anticipated that the 208 will be submitted in parallel with the 90-percent design package and the review will be expedited (no more than 14 calendar days). The current OPW 51875- South Omaha Industrial Area Facilities,Schedule A Project Manual requires that all excavation within 100-feet of the levee occur in the non-disinfection season and be backfilled with CLSM in accordance with the approved 208. It is recommended that these requirements be revised for this effort as they would likely result in a significant constriction delay. The PROVIDER will work with the USACE to develop a suitable alternative to these constraints and incorporate them into the 208. • National Emission Standard for Hazardous Air Pollutants (NESHAP)Notification. Following the CITY's testing of the steel pipe coating to determine asbestos content and friability of the material the PROVIDER will incorporate NESHAP Notification requirements into the Project Manual. • Stormwater Pollution Prevention Plan. Drawings will be developed to depict anticipated SWPPP requirements. The improvements will be implemented under the existing Schedule A SWPPP. EXHIBIT B-PROPOSAL PAGE 3 OF 6 OPW 52406 TRANSFER LIFT STATION FORCE MAIN REPLACEMENT • General Construction Permit for Wastewater Works. This permit will not be required based on discussions with the Nebraska Department of Environmental Protection as Title 123 002.01 states "(t)he replacement of sanitary sewer sections with sewers of the same diameter,elevation,slope,and alignment,if the replacement sewer meets all applicable setback requirements to water wells,water mains,and other water utility structures..." • Dewatering Discharge Permit.The improvements will be implemented under the existing Schedule A permit. Task 4 Engineering Services During Construction In order to expedite the design and minimize site disruption prior to construction the CITY has opted to minimize preliminary investigation and excavation to confirm the record drawings. Therefore,it is probable that minor design adjustments will be necessary as the construction proceeds and discrepancies in the record drawings are exposed. This task assumes that 15 Requests for Information(RFI)will be submitted to clarify the changes necessary to deal with these discrepancies. Additionally,this task assumes 15 shop drawings and submittal reviews. Record Drawings will be developed as part of Schedule A being completed under a separate contract. Task 5 Project Management The PROVIDER project manager (PM) shall prepare,implement, monitor,and update the project and work plan. PROVIDER PM will prepare and submit to the CITY's PM,on a monthly basis,a brief cost and schedule status report. PROVIDER will manage the health, safety and environmental activities of its staff and the staff of its subcontractors to achieve compliance with applicable health and safety laws and regulations.PROVIDER will coordinate its health, safety and environmental program with the responsibilities for health,safety and environmental compliance specified in the contract for construction. PROVIDER will coordinate with responsible parties to correct conditions that do not meet applicable federal, state and local occupational safety and health laws and regulations,when such conditions expose PROVIDER staff,or CITY staff to unsafe conditions.PROVIDER will operate under the existing Omaha CSO Control Program Field Safety Instructions. PROVIDER will notify affected personnel of site conditions posing an imminent danger to them which PROVIDER observes. 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. Schedule The design services outlined in Tasks 1,2 and 3 will be completed within 75 calendar days from the Notice to Proceed.The SDC and Project Management Services outlined in Tasks 4 EXHIBIT B-PROPOSAL PAGE 4 OF 6 OPW 52406 TRANSFER LIFT STATION FORCE MAIN REPLACEMENT and 5 will be completed within 150 calendar days from the Notice to Proceed,but may vary in accordance with the CONTRACTOR's schedule for completion of construction. Work including the CONTRACTOR's punch list and CONTRACTOR supplied record drawings will be completed within 300 calendar days from the Notice to Proceed. Assumptions 1) Necessary background information has been collected or is available from record drawings. If additional information is necessary this effort will be supported by CITY staff and will not exceed an additional 8 hours for the PROVIDER. If additional information is not located within the 14 calendar days from the Notice to Proceed the schedule may be delayed. 2) Only the drawings identified in this scope are required to document the CONTRACTOR requirements. 3) The design is predicated on replacing the existing pipes with 48-inch diameter DIP and removal of the 24-inch sludge line. 4) The corrosion protection approach utilized on the DIP will be the same as utilized for Schedule A and B. 5) A surge analysis will not be performed as this is an in-kind replacement of a portion of the forcemain. 6) To expedite the construction process,it is recommended that the CITY or CONTRACTOR place a pipe order following this second meeting. The PROVIDER will not develop an early procurement package for this piping beyond identifying the type of pipe,length of pipe and some of the desired fittings. Ordering pipe prior to finalization of the design poses a risk of under or over ordering however offers a significant reduction in construction duration. 7) Two design meetings will be performed via live meeting. 8) The CITY and CONTRACTOR will have a maximum of one week to review the 90- percent Drawings and provide comments to PROVIDER. CITY and CONTRACTOR reviews will be performed concurrently. 9) A combined 90-percent adjudication meeting with the CITY and CONTRACTOR will be held via conference call after responses have been identified. 10) The work will be performed by the CONTRACTOR as a change order to Schedule A and will not require new front end specifications. Payment will be in accordance with the Change Order procedures identified in the Project Manual for OPW 52200. 11) Drawings will indicate that existing infrastructure must be repaired if damaged during construction. Drawings will indicate that existing water and electrical services to the Operations Center are to be preserved and protected during construction. 12) Backfill will be as required by the USACE for work in close proximity to the levee. EXHIBIT B-PROPOSAL PAGE 5 OF 6 OPW 52406 TRANSFER LIFT STATION FORCE MAIN REPLACEMENT 13) Surface restoration will be to return to current conditions. Additional improvements will not be designed. 14) Record drawings will be generated based on CONTRACTOR provided markups as part of the Schedule A South Omaha Industrial Area Facilities after inclusion of this work via Change Order. 15) The CONTRACTOR will provide surveying services necessary during construction to verify the location and elevation of the existing pile supports. 16) Engineering Services During Construction include office services only. Onsite observation services by an inspector is not included in this Scope. A modification to this contract will be necessary to cover onsite observation. This modification will not be prepared until the CONTRACTOR's construction schedule is known. 17) The shop drawing administration fee calculations are based on the review of 15 shop drawings and submittals including one re-submittal on 50 percent of the original submittals at 4 hours per review. 18) The RFI administration fee calculation is based on an estimated 15 RFIs and 4 hours per response. 19) Project Management was assumed to be 5 months in duration. EXHIBIT B-PROPOSAL PAGE 6 OF 6 EXHIBIT"C" BREAKDOWN OF COSTS Exhibit C - Breakdown of Cost by Services COMPENSATION - OPW 52406 City of Omaha Missouri River Wastewater Treatment Plant - Transfer Lift Station Force Main Replacement 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 on a time and materials basis not to exceed the contract amount of one hundred eighty eight thousand and seventy dollars ($188,070). 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. Task Total Labor Total Labor Identified Number Task Title Task Total Hours Cost Expenses Total Transfer Lift FM Replacement Final Design 1,151 $183,450 $4,620 $188,070 1 Prepare 90%Design Documents 579 $86,925 $1,100 $88,025 2 Prepare Final Design Documents 140 $22,443 $550 $22,993 3 Permitting Support 136 $21,602 $1,320 $22,922 4 Engineering Services During Construction 180 $32,040 $0 $32,040 5 Project Management 116 $20,440 $1650 $22,090 MRWWTP Transfer Lift Forcemain Replacement Design Estimate for Final Design and Permitting Support Services T, s w =_ 4 e _ g t g 4 f, Total st = - d i' i ' .= - 3 = ° 3 As '' s Labor Total Identified Title - a $ f o z .! ® c; a g a 1 �' g Hours Labor Cost Expenses Task Total CH CH CH m CH CH CH CH CH N Transfer Lift FM Replacement Final Design 209 6 24 24 40 86 96 304 108 30 50 10 10 16 44 16 - 8 • 16 40 1,151 183,450 4,199 188,069 1 Prepare90%Design Documents 29 - - - - 48 96 166 84 18 34 6 6 12 24 16 - 8 - 8 - 24 579 $ 86,925 $ 1,000 $ 88,025 2 Prepare Final Design Documents 10 - - - - 8 28 24 12 16 4 4 4 10 - - - - 4 - 16 140 22,443 500 22,993 3 Permitting Support 40 8 24 24 40 136 $ 21,602 $ 1,200 $ 22,922 EXHIBIT"D" SUPPLEMENTAL PROVISIONS Exhibit D— Supplemental Provisions ARTICLE 1.SCOPE OF SERVICES 4.3 PROVIDER's Personnel at Construction Site 4.3.1 The presence or duties of PROVIDER's PROVIDER will perform the Scope of Services set forth personnel at a construction site,whether as onsite in Exhibit B. representatives or otherwise,do not make PROVIDER ARTICLE 2.COMPENSATION or PROVIDER's personnel in any way responsible for those duties that belong to CITY and/or the construction CITY will compensate PROVIDER as set forth in Exhibit contractors or other entities, and do not relieve the C. Work performed under this AGREEMENT may be construction contractors or any other entity of their performed using labor from affiliated companies of obligations,duties, and responsibilities, including, but PROVIDER. Such labor will be billed to CITY under the not limited to, all construction methods, means, same billing terms applicable to PROVIDER's techniques,sequences, and procedures necessary for employees. coordinating and completing all portions of the construction work in accordance with the construction ARTICLE 3.TERMS OF PAYMENT Contract Documents and any health or safety CITY will pay PROVIDER as follows: precautions required by such construction work. 3.1 Invoices and Time of Payment 4.3.2 PROVIDER and PROVIDER's personnel have PROVIDER will issue monthly invoices pursuant to no authority to exercise any control over any Exhibit C. Invoices are due and payable within 30 days construction contractor or other entity or their of receipt. employees in connection with their work or any health or 3.2 Interest safety precautions and have no duty for inspecting, 3.2.1 CITY will be charged interest at the rate of 1- noting, observing, correcting, or reporting on health or 1/2%per month, or that permitted by law if lesser, on all safety deficiencies of the construction contractor(s)or past-due amounts starting 30 days after receipt of other entity or any other persons at the site except invoice. Payments will first be credited to interest and PROVIDER's own personnel. then to principal. 4.3.3 The presence of PROVIDER's personnel at a 3.2.2 In the event of a disputed billing, only the construction site is for the purpose of providing to CITY disputed portion will be withheld from payment,and a greater degree of confidence that the completed CITY shall pay the undisputed portion. CITY will construction work will conform generally to the exercise reasonableness in disputing any bill or portion construction documents and that the integrity of the thereof. No interest will accrue on any disputed portion design concept as reflected in the construction of the billing until mutually resolved. documents has been implemented and preserved by the construction contractor(s). PROVIDER neither 3.2.3 If CITY fails to make payment in full within 30 guarantees the performance of the construction days of the date due for any undisputed billing, contractor(s) nor assumes responsibility for construction PROVIDER may, after giving 7 days'written notice to contractor's failure to perform work in accordance with CITY, suspend services under this AGREEMENT until the construction documents. paid in full, including interest. In the event of suspension For this AGREEMENT only,construction sites include of services, PROVIDER will have no liability to CITY for places of manufacture for materials incorporated into delays or damages caused by CITY because of such the construction work, and construction contractors suspension. include manufacturers of materials incorporated into the ARTICLE 4.OBLIGATIONS OF PROVIDER construction work. 4.1 Standard of Care 4.4 Opinions of Cost, Financial Considerations,and The standard of care applicable to PROVIDER's Schedules Services will be the degree of skill and diligence In providing opinions of cost, financial analyses, normally employed by professional engineers or economic feasibility projections, and schedules for the consultants performing the same or similar Services at PROJECT, PROVIDER has no control over cost or price the time said services are performed. PROVIDER will of labor and materials; unknown or latent conditions of reperform any services not meeting this standard existing equipment or structures that may affect without additional compensation. operation or maintenance costs; competitive bidding procedures and market conditions;time or quality of 4.2 Subsurface Investigations performance by operating personnel or third parties; and In soils,foundation, groundwater, and other subsurface other economic and operational factors that may investigations, the actual characteristics may vary materially affect the ultimate PROJECT cost or significantly between successive test points and sample schedule. Therefore, PROVIDER makes no warranty intervals and at locations other than where that CITY's actual PROJECT costs,financial aspects, observations,exploration, and investigations have been economic feasibility, or schedules will not vary from made. Because of the inherent uncertainties in PROVIDER's opinions, analyses, projections, or subsurface evaluations,changed or unanticipated estimates. underground conditions may occur that could affect total If CITY wishes greater assurance as to any element of PROJECT cost and/or execution.These conditions and PROJECT cost, feasibility, or schedule, CITY will cost/execution effects are not the responsibility of employ an independent cost estimator, contractor, or PROVIDER. other appropriate advisor. FORM 398 REVISED 1106 1 4.5 Construction Progress Payments ARTICLE 5.OBLIGATIONS OF CITY Recommendations by PROVIDER to CITY for periodic 5.1 CITY-Furnished Data construction progress payments to the construction CITY will provide to PROVIDER all data in CITY's contractor(s)will be based on PROVIDER's knowledge, possession relating to PROVIDER's services on the information, and belief from selective sampling that the PROJECT. PROVIDER will reasonably rely upon the work has progressed to the point indicated. Such accuracy,timeliness, and completeness of the recommendations do not represent that continuous or information provided by CITY. detailed examinations have been made by PROVIDER to ascertain that the construction contractor(s)have 5.2 Access to Facilities and Property completed the work in exact accordance with the CITY will make its facilities accessible to PROVIDER as construction documents; that the final work will be required for PROVIDER's performance of its services acceptable in all respects; that PROVIDER has made and will provide labor and safety equipment as required an examination to ascertain how or for what purpose the by PROVIDER for such access. CITY will perform, at no construction contractor(s)have used the moneys paid; cost to PROVIDER, such tests of equipment, that title to any of the work, materials, or equipment has machinery, pipelines, and other components of CITY's passed to CITY free and clear of liens, claims,security facilities as may be required in connection with interests, or encumbrances;or that there are not other PROVIDER's services. matters at issue between CITY and the construction contractors that affect the amount that should be paid. 5.3 Advertisements,Permits,and Access Unless otherwise agreed to in the Scope of Services, 4.6 Record Drawings CITY will obtain, arrange, and pay for all advertisements Record drawings, if required,will be prepared, in part, for bids; permits and licenses required by local, state, or on the basis of information compiled and furnished by federal authorities; and land,easements, rights-of-way, others, and may not always represent the exact and access necessary for PROVIDER's services or location, type of various components,or exact manner PROJECT construction. in which the PROJECT was finally constructed. PROVIDER is not responsible for any errors or 5.4 Timely Review omissions in the information from others that is CITY will examine PROVIDER's studies, reports, incorporated into the record drawings. sketches, drawings, specifications, proposals,and other 4.7 Access to PROVIDER's Accounting Records documents; obtain advice of an attorney, insurance PROVIDER will maintain accounting records, in counselor, accountant, auditor, bond and financial accordance with generally accepted accounting advisors, and other consultants as CITY deems principles.These records will be available to CITY appropriate; and render in writing decisions required by during PROVIDER's normal business hours for a period CITY in a timely manner. of 1 year after PROVIDER's final invoice for examination 5.5 Prompt Notice to the extent required to verify the direct costs CITY will give prompt written notice to PROVIDER (excluding established or standard allowances and whenever CITY observes or becomes aware of any rates)incurred hereunder. CITY may only audit development that affects the scope or timing of accounting records applicable to a cost-reimbursable PROVIDER's Services, or of any defect in the work of type compensation. PROVIDER or construction contractors. 4.8 PROVIDER's Insurance 5.6 Asbestos or Hazardous Substances PROVIDER will maintain throughout this AGREEMENT 5.6.1 If asbestos or hazardous substances in any the following insurance: form are encountered or suspected, PROVIDER will (a) Worker's compensation and employer's liability stop its own work in the affected portions of the insurance as required by the state where the work is PROJECT to permit testing and evaluation. performed. 5.6.2 If asbestos is suspected, PROVIDER will, if (b) Comprehensive automobile and vehicle liability requested, manage the asbestos remediation activities insurance covering claims for injuries to members of the using a qualified subcontractor at an additional fee and public and/or damages to property of others arising from contract terms to be negotiated. use of motor vehicles, including onsite and offsite 5.6.3 If hazardous substances other than asbestos operations, and owned, nonowned, or hired vehicles, are suspected, PROVIDER will, if requested, conduct with$1,000,000 combined single limits. tests to determine the extent of the problem and will (c) Commercial general liability insurance covering perform the necessary studies and recommend the claims for injuries to members of the public or damage necessary remedial measures at an additional fee and to property of others arising out of any covered contract terms to be negotiated. negligent act or omission of PROVIDER or of any of its 5.6.4 Client recognizes that CH2M HILL assumes no employees, agents, or subcontractors,with$1,000,000 risk and/or liability for a waste or hazardous waste site per occurrence and in the aggregate. originated by other than CH2M HILL. (d) Professional liability insurance of$1,000,000 5.7 Contractor Indemnification and Claims per occurrence and in the aggregate. 5.7.1 CITY agrees to include in all construction (e) CITY will be named as an additional insured contracts the provisions of Article 4.3, PROVIDER's with respect to PROVIDER's liabilities hereunder in Personnel at Construction Site, and provisions providing insurance coverages identified in items(b)and(c)and contractor indemnification of CITY and PROVIDER for PROVIDER waives subrogation against CITY as to said contractor's negligence. policies. FORM 398 REVISED 1/06 2 5.7.2 CITY shall require construction contractor(s)to officers,employees, subcontractors, and affiliated name CITY and PROVIDER as additional insureds on corporations from all claims,damages, losses, and the contractor's general liability insurance policy. costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the 5.7.3 CITY agrees to include the following clause in unauthorized reuse,change or alteration of these all contracts with construction contractors, and PROJECT documents. equipment or materials suppliers: "Contractors, subcontractors,and equipment and 6.3 Force Majeure material suppliers on the PROJECT, or their sureties, PROVIDER is not responsible for damages or delay in shall maintain no direct action against PROVIDER, performance caused by acts of God,strikes, lockouts, PROVIDER's officers, employees,affiliated accidents, or other events beyond the control of corporations, and subcontractors for any claim arising PROVIDER. In any such event, PROVIDER'S contract out of, in connection with,or resulting from the price and schedule shall be equitably adjusted. engineering services performed. CITY will be the only 6.4 Limitation of Liability beneficiary of any undertaking by PROVIDER." 6.4.1 To the maximum extent permitted by law, 5.8 CITY's Insurance PROVIDER's liability for CITY's damages will not, in the 5.8.1 CITY will maintain property insurance on all aggregate,exceed$200,000. pre-existing physical facilities associated in any way 6.4.2 This article takes precedence over any with the PROJECT. conflicting article of this AGREEMENT or any document 5.8.2 CITY will provide for a waiver of subrogation as incorporated into it or referenced by it. to all CITY-carried property damage insurance,during 6.4.3 This limitation of liability will apply whether construction and thereafter, in favor of PROVIDER, PROVIDER's liability arises under breach of contract or PROVIDER's officers,employees,affiliates, and warranty;tort; including negligence; strict liability; subcontractors. statutory liability; or any other cause of action, and shall 5.8.3 CITY will provide(or have the construction include PROVIDER's officers, affiliated corporations, contractor(s)provide)a Builders Risk All Risk insurance employees,and subcontractors. policy for the full replacement value of all PROJECT 6.5 Termination work including the value of all onsite CITY-furnished 6.5.1 This AGREEMENT may be terminated for equipment and/or materials associated with convenience on 30 days'written notice,or for cause if PROVIDER's services. Such policy will include either party fails substantially to perform through no fault coverage for loss due to defects in materials and of the other and does not commence correction of such workmanship and errors in design, and will provide a nonperformance within 5 days of written notice and waiver of subrogation as to PROVIDER and the diligently complete the correction thereafter. construction contractor(s)(or CITY), and their respective 6.5.2 On termination, PROVIDER will be paid for all officers,employees, agents, affiliates, and authorized services performed up to the termination subcontractors. CITY will provide PROVIDER a copy of date plus termination expenses, such as, but not limited such policy. to, reassignment of personnel,subcontract termination 5.9 Litigation Assistance costs, and related closeout costs. The Scope of Services does not include costs of 6.6 Suspension,Delay,or Interruption of Work PROVIDER for required or requested assistance to CITY may suspend, delay, or interrupt the Services of support, prepare, document, bring,defend, or assist in PROVIDER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such PROVIDER's contract price and schedule shall be Services required or requested of PROVIDER by CITY, equitably adjusted. except for suits or claims between the parties to this AGREEMENT, will be reimbursed as mutually agreed. 6.7 No Third-Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone 5.10 Changes other than CITY and PROVIDER and has no third-party CITY may make or approve changes within the general beneficiaries. Scope of Services in this AGREEMENT. If such changes affect PROVIDER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 PROVIDER agrees to indemnify CITY for any will be made through an amendment to this claims, damages, losses, and costs, including,but not AGREEMENT. limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily ARTICLE 6.GENERAL LEGAL PROVISIONS injury, including death,to the proportionate extent 6.1 Authorization to Proceed caused by the negligence or willful misconduct of Execution of this AGREEMENT by CITY will be PROVIDER, PROVIDER's employees,affiliated authorization for PROVIDER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.8.2 CITY agrees to indemnify PROVIDER from any 6.2 Reuse of PROJECT Documents claims,damages, losses, and costs, including, but not All reports, drawings, specifications, documents, and limited to, attorney's fees and litigation costs, arising out other deliverables of PROVIDER,whether in hard copy of claims by third parties for property damage or bodily or in electronic form, are instruments of service for this injury, including death,to the proportionate extent PROJECT,whether the PROJECT is completed or not. caused by the negligence or willful misconduct of CITY, CITY agrees to indemnify PROVIDER and PROVIDER's FORM 398 REVISED 1/06 3 or its employees or contractors in connection with the illegal,or unenforceable,the enforceability of the PROJECT. remaining provisions shall not be impaired thereby. 6.9 Assignment 6.13.2 Limitations of liability, indemnities, and other This is a bilateral personal Services AGREEMENT. express representations shall survive termination of this Neither party shall have the power to or will assign any AGREEMENT for any cause. of the duties or rights or any claim arising out of or related to this AGREEMENT,whether arising in tort, 6.14 Materials and Samples contract or otherwise,without the written consent of the Any items,substances, materials, or samples removed other party.Any unauthorized assignment is void and from the PROJECT site for testing,analysis, or other unenforceable.These conditions and the entire evaluation will be returned to the PROJECT site within AGREEMENT are binding on the heirs,successors, and 60 days of PROJECT close-out unless agreed to assigns of the parties hereto. otherwise. CITY recognizes and agrees that PROVIDER is acting as a bailee and at no time assumes title to said 6.10 Consequential Damages items, substances,materials, or samples. To the maximum extent permitted by law, PROVIDER and PROVIDER's affiliated corporations, officers, 6.15 Engineer's Deliverables employees,and subcontractors shall not be liable for Engineer's deliverables, including record drawings, are CITY's special, indirect,or consequential damages, limited to the sealed and signed hard copies. Computer- whether such damages arise out of breach of contract generated drawing files furnished by PROVIDER are for or warranty, tort including negligence, strict or statutory CITY or others'convenience.Any conclusions or liability, or any other cause of action. In order to protect information derived or obtained from these files will be PROVIDER against indirect liability or third-party at user's sole risk. proceedings, CITY will indemnify PROVIDER for any such damages. 6.16 Dispute Resolution The parties will use their best efforts to resolve amicably 6.11 Waiver any dispute, including use of alternative dispute CITY waives all claims against PROVIDER, including resolution options. those for latent defects,that are not brought within 6.17 Ownership of Work Product and Inventions 2 years of substantial completion of the facility designed All of the work product of the PROVIDER in executing or final payment to PROVIDER,whichever is earlier. this PROJECT shall remain the property of PROVIDER. 6.12 Jurisdiction CITY shall receive a perpetual, royalty-free, non- The substantive law of the state of the PROJECT site transferable, non-exclusive license to use the shall govern the validity of this AGREEMENT, its deliverables for the purpose for which they were interpretation and performance, and any other claims intended. Any inventions, patents,copyrights, computer related to it. software,or other intellectual property developed during the course of, or as a result of,the PROJECT shall 6.13 Severability and Survival remain the property of the PROVIDER. 6.13.1 If any of the Provisions contained in this AGREEMENT are held for any reason to be invalid, FORM 398 REVISED 1/06 4 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, professional engineering services are required on OPW 52406, being the Missouri River Wastewater Treatment Plant - Transfer Lift Station Force Main Replacement project; and, WHEREAS, CH2M Hill Engineers, Inc was selected by the Architects and Engineers Selection Process and has agreed to perform the design engineering, permitting, and construction phase services listed in the attached agreement, which by this reference is made a part hereof; and, WHEREAS, CH2M Hill Engineers, Inc has agreed to perform these services for a fee not to exceed $188,070.00, which will be paid from the Sewer Revenue Improvements 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, the Professional Services Agreement with CH2M Hill Engineers, Inc for professional engineering services on Project OPW 52406, being the Missouri River Wastewater Treatment Plant - Transfer Lift Station Force Main Replacement, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $188,070.00 for these professional services from the Sewer Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913; Sewer Revenue Bonds will be issued to finance this project. 1689htp APPROVED AS TO FORM: A / 2-?5 -/3 EPUTY CITY ATTORNEY DATE • By J47144 C un ilmember Adopted R 1 2 2 13.. 7-0 ..� City Clerk`����� Approved Mayor NO. , (�1. "....,....... Resolution by Res. that, as recommended by the Mayor, the Professional Services Agreement with CH2M Hill Engineers, Inc for professional engineering services on Project OPW 52406. being the Missouri River Wastewater Treatment Plant - Transfer Lift Station Force Main Replacement, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $188,070.00 for these professional services from the Sewer Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913; Sewer Revenue Bonds will be issued to finance this project. 1689Ahtp Presented to City Council MAR 1 2 2013 Adopted _C gaiter grown City Clerk