RES 2012-1205 - Amendment to agmt with CH2M Hill Engineers Inc for Rockbrook Tributary at Frederick St project °MAHA.A„ y�-
°4 Public Works Department64*,;144
c� Omaha/Douglas Civic Center
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1819 Farnam Street,Suite 601
®. i.r?""ram September 11, 2012 , �i Omaha,Nebraska 68183-0601
Pp „ro a aq C F E (402)444 5220
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t' •City of Omaha 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 the Professional Services
Agreement with CH2M Hill Engineers, Inc. for final design of the Rockbrook Tributary at
Frederick Street project, as connected with the 2012-2017 Capital Improvement Program
Environment Project 301. This project is located near 115th and Frederick Streets in Omaha.
The original Professional Services Agreement with CH2M Hill Engineers, Inc. was approved by 1
Council Resolution No. 1446 on December 6, 2011.
The attached Amendment No. 1 to the Agreement authorizes CH2M Hill Engineers, Inc. to
provide additional final design phase services and incorporates updated clauses of the Agreement
due to legislative changes by the City of Omaha. The exact scope of work is included in Exhibit
B-1 of the attached Amendment. Approval of this Amendment will serve as authorization of
CH2M Hill Engineers, Inc. to proceed with the work.
CH2M Hill Engineers, Inc. has agreed.to perform the services detailed in Exhibit C-1 of the
attached Amendment for a fee not to exceed $77,065.00, which is payable from the 2006
Environment Fund 13122, 2011 Environmental Issue Organization 117216.
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.
Re s ectfully.submitted, Ref to City Council f Consideration:
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Robert G. Stubbe, P.E. Date Mayor's O fi Date
Public Works Director
Approved as to Funding: Approved:
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Pam Spaccarotella Date Human Rights and Relations Date
IP Finance Director Department
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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
DATED NOVEMBER 22,2011
THIS Amendment is hereby made and entered into this `�lZ day of-Terri44112012, 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" or
"Contractor"), on the terms,conditions and provisions as set forth herein below.
WHEREAS, there now exists an agreement between the two parties dated 22 November 2011 covering
Rockbrook Tributary Rehabilitation at Frederick Street Final Design,and
WHEREAS, Article 17 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(as revised herein):
NOW THEREFORE,the parties hereto mutually agree as follows:
I. PROJECT NAME AND DESCRIPTION
Amendment 1 to Rockbrook Tributary Rehabilitation at Frederick Street Final Design.
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-1" attached hereto. Such services shall be completed within a 365-
day period after receipt of a purchase order from the City.
B. Provider designates Emily Holtzclaw whose business address and phone number is CH2M
HILL Engineers,Inc.222 South 15`h Street, Suite 1402-S, Omaha,NE 68012, (402) 609-
7510,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 365 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.
IV. COMPENSATION AND PAYMENT
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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 $77,065.00. Detailed breakdown of costs shall be shown
in Exhibit"C-1".
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 Amendment to 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.
X. GENERAL CONDITIONS
Paragraphs J and K below have been updated due to changes in state and federal rules and
regulations.These changes will become effective upon execution of this Amendment No. 1.
G. Modification. This Amendment and the original Agreement contain the entire Agreement of
the parties. No representations were made or relied upon by either party other than those that
are expressly sat 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 author-
ized officer of the respective parties.
J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The
Provider 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 Provider is an individual or sole proprietorship,the following applies: 1. The Provider
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 Provider indicates on
such attestation form that he or she is a qualified alien,the Provider agrees to provide the US
Citizenship and Immigration Services documentation required to verify the Provider's lawful
presence in the United States using the Systematic Alien Verification for Entitlements
(SAVE)Program. 3. The Provider understands and agrees that lawful presence in the United
States is required and the Provider 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
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During the performance of this contract, the contractor agrees as follows (all references to
• "Contractor"shall mean"Provider":
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
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The parties hereunto mutually agree that all provisions and requirements of the existing Agreement, dated No-
vember 22,2011,that are not specifically modified by this Amendment,shall remain in full force and effect.
' EXECUTED this '-�%day of aaiXijk , '/2
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EXECUTED this / day of yr�/1/� ,____oc
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APPROVED AS TO FORM:
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Deputy City Attorney
Revised: 5/2012
4
12 12:06:47 PM, Bid Tabulation, Generated by:guygerhard for project OPW 52185
Exhibit"A-1"
• Rockbrook Tributary At Frederick Street Amendment 1
Small and/or Emerging Small Business
Disclosure Participation Form
and
Small Business Subcontractor
Scope of Work
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EXECUTED this / day of yr�/1/� ,____oc
ATTEST CITY OF !% • • ,A Municipal Corporation
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APPROVED AS TO FORM:
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Deputy City Attorney
Revised: 5/2012
4
12 12:06:47 PM, Bid Tabulation, Generated by:guygerhard for project OPW 52185
Utilization of Small and Emerging Small Businesses
It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the
maximum practicable opportunity to participate in City of Omaha projects. Consequently,the
requirements of the Small and Emerging Small Business Program ordinance apply to this
solicitation. For questions on certification, including a listing of what firms are certified under the
Small and Emerging Small Business Program, please see the City of Omaha website at
www.ci.omaha.ne.us or contact the Human Rights and Relations Department at 444-5055.
With regard to this solicitation, the City has determined that a sufficient number of companies exist
within the following CERTIFIED GROUP(S):
[❑] Tier I Emerging Small Business
[®] Tier II Emerging Small Business
[❑] Tier I Small Business
[❑] Tier II Small Business
firm to fulfill
[❑] this entire contract
[®] a portion of this contract as defined below:
1. Designs and Planting plans for up to three small, water quality improvement best management
practices (BMPs) (for example: bioretention facilities) and Construction Management support for
the project Rockbrook Tributary Rehabilitation project Amendment 1.
*Please note: in order to be considered for this solicitation, your firm must be CERTIFIED in the
above-referenced category PRIOR TO the bid opening date of this solicitation.
Pursuant to Omaha Municipal Code Section 10-203(d), the above-referenced category of bidders
will be given preference in the selection of this bid. Submittals by non-certified bidders or the
failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of
this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit"A" and
submit it with their bid to be considered.
A-2 2/2010
s 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
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EXHIBIT "A-1"
SMALL AND/OR EMERGING SMALL BUSINESS
DISCLOSURE PARTICIPATION FORM
THIS FORM MUST BE SUBMITTED WITH THE BID
In the performance of this contract, the contractor proposes and agrees to make good faith efforts to contract
with eligible City of Omaha certified small and/or emerging small businesses. Should the below listed small or
emerging small business subcontractor be determined to be unable to perform successfully or is not performing
satisfactorily, the contractor shall obtain prior approval from the Public Works Department Director or a
designee, for substitution of the below listed subcontractor with a City of Omaha certified small or emerging
small business. By submitting this form, the bidder is certifying that it has afforded subcontractors
participating in the program the opportunity to submit bids on this project.
Type of work and contract Projected
item or parts thereof to be commencement
Name of small performed and completion Agreed
or emerging Address date of work price with Percentage
small business SB/ESB (%)
4502 S. 42nd St Amendment 1: Best Start July 20, $13,135 16.7%
Big Muddy Omaha, NE Management Practice 2012
Workshop 68107 Design and Construction End May 31,
Management Support 2013
Services
$13,135 16.7%
Totals
CERTIFICATION
The undersigned/contractor certifies that he/she has read, understands, and agrees to be bound by small and/or emerging small
business participation contract specifications,and the other terms and conditions of the Invitation for Bids. The undersigned further
certifies that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small
business participation contract specifications and that said statements and representations are true and correct to the best of his/her
knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses(which are
otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the contract specifications at the
price(s) set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The
undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by
the bidder knowing them to be false, or if there is a failure by the successful bidder(i.e. the Contractor) to implement the stated
agreements, intentions, objectives, goals, and comments set forth herein without prior approval of the Public Works Director, such
action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the
Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of
Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise.
Additionally,the undersigned/contractor will be subject to the terms of any future contract awards.
(7)Signature E •
Title 1 �-� jl ro -P0( V'/ 3 1\ Date of Signing 0( #-Z
Firm or Corporate Name_CH2M HILL Engineers, Inc.
Address 222 So 15th St, Suite 1402-S, Omaha, NE 68102_ Telephone Number_402-342-9765
A-3 2/2010
ent 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
3
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An Agreement for the Provision of Limited Professional Services
for
CH2M HILL Engineers, Inc.
Rockbrook Tributary Rehabilitation Project
Park BMP Construction Documents & Contract Administration
Omaha, Nebraska
This agreement is for limited professional landscape architectural services (hereinafter referred to as
"Agreement") to be provided by the Big Muddy Workshop, Inc. (hereinafter referred to as "A/E") for
CH2M HILL Engineers, Inc. (hereinafter referred to as "Prime A/E") on the project detailed under
Article 1.
ARTICLE 1
SCOPE OF SERVICES
This Scope of Services outlines the professional services required to develop bid-ready construction
documents and provide limited contract administration services for three stormwater BMPs to be
located within Prairie Lane Park as part of the Rockbrook Tributary Rehabilitation project located
near 115th and Frederick Streets in Omaha, Nebraska. The concept design for the BMPs was
completed during a previous phase of design services. This proposal was developed in response to a
request from Emily M. Holtzclaw, P.E. of CH2M HILL, Engineers Inc.
SCOPE OF SERVICES:
Public Information:
1.1 Public Information Open House. The A/E will participate in an open house along with the
Prime A/E and City staff to brief local citizens regarding the preliminary plans, obtain public
comments and allow local citizens to ask questions about the project. Copies of project site
and proposed improvements will be posted to provide background information on the site.
The A/E will participate in a short presentation given several times during the open house that
explains the planning process and desired outcome of the project. The Prime A/E will arrange
for the City to provide the meeting space and publicity for this meeting.
Deliverable:None
Construction Document Preparation:
1.2 Construction Documents. The A/E will prepare construction documents including drawings and
specifications for the three BMPs. The documents anticipated in the construction document set
include:
• Site Layout& Grading Plan. This plan will provide horizontal control for the layout of site
features and indicate proposed contours and spot elevations required to complete the
construction of the BMPs.
• Site Drainage P/an. This plan will indicate proposed surface and subsurface drainage
improvements required to complete the construction of the BMPs.
• Planting Plan. The A/E will develop a planting plan for the project area to include a plant
schedule, details and notes.
ns, objectives, goals, and comments set forth herein without prior approval of the Public Works Director, such
action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the
Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of
Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise.
Additionally,the undersigned/contractor will be subject to the terms of any future contract awards.
(7)Signature E •
Title 1 �-� jl ro -P0( V'/ 3 1\ Date of Signing 0( #-Z
Firm or Corporate Name_CH2M HILL Engineers, Inc.
Address 222 So 15th St, Suite 1402-S, Omaha, NE 68102_ Telephone Number_402-342-9765
A-3 2/2010
ent 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
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• Construction Details. Construction details will be developed for the proposed site
improvements including BMPs, inlet and outlet structures, curb cuts, concrete flumes, and
pipe bedding.
• Technical Specifications. Technical specifications will be indicated in note form on the
drawings where appropriate.
Deliverables: One paper plot of all construction drawings;
Digital file of all construction drawings in AutoCAD R2013 format;
Digital file of technical specifications(if any).
At the A/E's option, one or more of the above plans may be combined on a single drawing.
1.3 Construction Cost Items Units and Unit Costs. The A/E will develop a list of bid items related to
the BMPs that includes unit quantities and unit prices. The A/E will provide the information to
the Prime A/E to be incorporated within the opinion of probable cost.
Deliverable:PDF file of construction items, unit quantities and unit prices
1.4 Construction Document Review Meeting. The A/E will participate in a review meeting with the
Owner and Prime A/E to discuss the pre-final construction documents and cost opinion
prepared by the Prime A/E. The Prime A/E will prepare meeting notes.
Deliverable: None
1.5 Final Construction Documents. Based upon comments provided by the Owner and Prime A/E
during the final review meeting, the A/E will revise the BMP construction drawings. The A/E
will update the list of bid items, quantities, and unit prices and provide the information to the
Prime A/E to be incorporated within the final opinion of probable cost.
Deliverable: Final drawings and PDF file of updated construction items, unit quantities and unit
prices
1.6 Quality Assurance Review. A final quality assurance review of the BMP construction
documents will be performed before issuing plans. The A/E will review all drawings and
specifications related to this Scope of Services to ensure that redline comments were picked up
and interpreted correctly. If requested by the Prime A/E, the A/E will seal the work prepared
as part of this Scope of Services once any remaining redline comments have been addressed
and hard copies provided to the A/E for sealing and signature.
Deliverable: None
Construction Contract Administration:
1.7 Pre-Bid Meeting. The A/E will participate in a pre-bid meeting with the Prime A/E, Owner
and interested contractors on site. The Prime A/E will provide record meeting notes which
document items discussed and decisions reached.
Deliverable: None
1.8 Bidding Assistance. The A/E will answer bidder's questions and prepare relevant text to be
included in an addendum to be issued by the Prime A/E as required to clarify information or
provide corrections related to the construction of BMPs.
Deliverable: Text to be included in Prime A/E issued addenda(if necessary)
2
t. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of
Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise.
Additionally,the undersigned/contractor will be subject to the terms of any future contract awards.
(7)Signature E •
Title 1 �-� jl ro -P0( V'/ 3 1\ Date of Signing 0( #-Z
Firm or Corporate Name_CH2M HILL Engineers, Inc.
Address 222 So 15th St, Suite 1402-S, Omaha, NE 68102_ Telephone Number_402-342-9765
A-3 2/2010
ent 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
3
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1.9 Pre-Construction Meeting. The A/E will participate in a pre-construction meeting with the
Prime A/E, Owner and Contractor. The Prime A/E will provide record meeting notes which
document items discussed and decisions reached.
Deliverable:None
1.10 Construction Observation Meetings. The A/E will attend up to three construction observation
meetings with the Owner, Prime A/E and Contractor to observe construction progress. The
A/E will provide field notes regarding the construction of the BMPs to the Prime A/E to be
incorporated within the record meeting minutes.
Deliverable:Field notes to be included in Prime A/E issued meeting minutes
1.11 Final Punchlist. The A/E will develop a "punchlist" for the three BMPs at the time of
substantial completion. The A/E will provide the final punlist items to the Prime A/E to be
incorporated within the record meeting minutes.
Deliverable: Final punlist items to be included in Prime A/E issued meeting minutes
3
E will participate in a review meeting with the
Owner and Prime A/E to discuss the pre-final construction documents and cost opinion
prepared by the Prime A/E. The Prime A/E will prepare meeting notes.
Deliverable: None
1.5 Final Construction Documents. Based upon comments provided by the Owner and Prime A/E
during the final review meeting, the A/E will revise the BMP construction drawings. The A/E
will update the list of bid items, quantities, and unit prices and provide the information to the
Prime A/E to be incorporated within the final opinion of probable cost.
Deliverable: Final drawings and PDF file of updated construction items, unit quantities and unit
prices
1.6 Quality Assurance Review. A final quality assurance review of the BMP construction
documents will be performed before issuing plans. The A/E will review all drawings and
specifications related to this Scope of Services to ensure that redline comments were picked up
and interpreted correctly. If requested by the Prime A/E, the A/E will seal the work prepared
as part of this Scope of Services once any remaining redline comments have been addressed
and hard copies provided to the A/E for sealing and signature.
Deliverable: None
Construction Contract Administration:
1.7 Pre-Bid Meeting. The A/E will participate in a pre-bid meeting with the Prime A/E, Owner
and interested contractors on site. The Prime A/E will provide record meeting notes which
document items discussed and decisions reached.
Deliverable: None
1.8 Bidding Assistance. The A/E will answer bidder's questions and prepare relevant text to be
included in an addendum to be issued by the Prime A/E as required to clarify information or
provide corrections related to the construction of BMPs.
Deliverable: Text to be included in Prime A/E issued addenda(if necessary)
2
t. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of
Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise.
Additionally,the undersigned/contractor will be subject to the terms of any future contract awards.
(7)Signature E •
Title 1 �-� jl ro -P0( V'/ 3 1\ Date of Signing 0( #-Z
Firm or Corporate Name_CH2M HILL Engineers, Inc.
Address 222 So 15th St, Suite 1402-S, Omaha, NE 68102_ Telephone Number_402-342-9765
A-3 2/2010
ent 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
3
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•
Professional Services Fee and Reimbursable Expense Summary
CH2M HILL Engineers, Inc.
Rockbrook Tributary Rehabilitation Project
Park BMP Construction Doucments & Contract Administration
Omaha, Nebraska
Big Muddy Workshop, Inc.
Date: June 26th,2012
SCOPE OF SERVICES Prin./LA Proj LA Intern LA Total
Public Information:
1.1 Public Meeting 3 4 12
Construction Document Preparation:
1.2 Construction Documents
Site Layout&Grading 1 12
Site Drainage Plan 1 12
Planting Plan 8
Construction Details 1 16
Technical Specifications 1 4
1.3 Construction Cost Items Units&Unit Prices 1 3
1.4 Construction Document Review Meeting 2 2
1.5 Final Construction Documents 1 8
1.6 Quality Assurance Review 2
Total Hours 13 69 12
x Hourly Rate $150 $105 $80
Subtotal $1,950 $7,245 $960
Professional Fees for Construction Document Preparation: $10,155
Construction Contract Administration:
1.7 Pre-Bid Meeting 3
1.8 Bidding Assistance 1 3
1.9 Pre-Construction Meeting 2
1.10 Construction Observation Meetings-up to three 2 10
1.11 Final Punchlist 3
Total BMW Hours 3 21
x Hourly Rate $150 $105
Subtotal $450 $2,205
Professional Fees for Construction Contract Administration: $2,655
Reimbursable Expenses:
• Drafting/Computer Supplies/In-house Copies $250
Mileage $75
Total Reimbursable Expenses $325
Hourly plus Expenses - not to exceed: $13,135
File:Rockbrook Tributary Rehabilitation Project BMP Fee.xls
s Scope of Services to ensure that redline comments were picked up
and interpreted correctly. If requested by the Prime A/E, the A/E will seal the work prepared
as part of this Scope of Services once any remaining redline comments have been addressed
and hard copies provided to the A/E for sealing and signature.
Deliverable: None
Construction Contract Administration:
1.7 Pre-Bid Meeting. The A/E will participate in a pre-bid meeting with the Prime A/E, Owner
and interested contractors on site. The Prime A/E will provide record meeting notes which
document items discussed and decisions reached.
Deliverable: None
1.8 Bidding Assistance. The A/E will answer bidder's questions and prepare relevant text to be
included in an addendum to be issued by the Prime A/E as required to clarify information or
provide corrections related to the construction of BMPs.
Deliverable: Text to be included in Prime A/E issued addenda(if necessary)
2
t. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of
Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise.
Additionally,the undersigned/contractor will be subject to the terms of any future contract awards.
(7)Signature E •
Title 1 �-� jl ro -P0( V'/ 3 1\ Date of Signing 0( #-Z
Firm or Corporate Name_CH2M HILL Engineers, Inc.
Address 222 So 15th St, Suite 1402-S, Omaha, NE 68102_ Telephone Number_402-342-9765
A-3 2/2010
ent 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
3
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Exhibit "B-1"
SCOPE OF SERVICES
Amendment 1 to
Rockbrook Tributary Rehabilitation at Frederick Street
Final Design
This Scope of Services is for Amendment 1 to the previously executed AGREEMENT dated
November 22,2011 between CH2M HILL Engineers, Inc. (Provider or Contactor) and the City of
Omaha Public Works Department(City)for the PROJECT described as the Rockbrook Tributary at
Frederick Street Final Design(OPW 52101).
ARTICLE 1 - Scope of Services
The Provider shall provide the following professional services to the City as part of Amendment 1.
Big Muddy Workshop will be a small business subcontractor for the best management practice (BMP)
design. The City's Small and/or Emerging Small Business Disclosure Participation Form and Big
Muddy Workshop's Scope for Work for this Amendment are included as Exhibit"A-1".
Task 1: Project Management
Provider will modify and implement Project Instructions and Field Health and Safety Plan specific to
the Amendment 1 PROJECT work. Provider will provide monthly progress reports and invoices for
the extended contract period (through Bidding and Construction Management Services).
Provider will facilitate up to one 1-hour meeting with representatives of the City and representatives
of the Seldin property owners at Seldiri s property management office to discuss the PROJECT.
Provider will facilitate up to one 1-hour PROJECT Public Meeting with the City,Omaha Parks,
Recreation,and Public Property Department,Papio-Missouri River Natural Resources District(P-MR
NRD),and USACE representative and the public to describe the PROJECT.The Provider Project
Manager will attend the Public Meeting. Provider will prepare the mailing list of residents and
business owners within three blocks of the project area (obtained from recent City GIS Parcels
featureclass attribute data),prepare a postcard size meeting invitation,and mail the invitations to the
residents and business owners. Provider will prepare an agenda and approximately 10 minute
PROJECT overview presentation for the public meeting. City will be responsible for follow-up
coordination with private property owners in the PROJECT area after the public meeting.
Task 1 Deliverables
Mailing list and postcard invitations to Public Meeting.
One (1) digital(Word format) of Public Meeting agenda and presentation.
Monthly invoices and status reports for Bidding through Construction Management Services.
Task 2: Design
Provider will update 30 percent drawings submitted as part of the original AGREEMENT to reflect
changes to the design scope that now impact existing utilities. Provider will coordinate the updated
OMA/EXHIBITB-1_ROCKBROOKFINALDESIGN_SCOPESERVICES_AMEND1 REV_02[1]1 431014.03.80.98
da(if necessary)
2
t. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of
Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise.
Additionally,the undersigned/contractor will be subject to the terms of any future contract awards.
(7)Signature E •
Title 1 �-� jl ro -P0( V'/ 3 1\ Date of Signing 0( #-Z
Firm or Corporate Name_CH2M HILL Engineers, Inc.
Address 222 So 15th St, Suite 1402-S, Omaha, NE 68102_ Telephone Number_402-342-9765
A-3 2/2010
ent 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
3
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CITY OF OMAHA-ROCKBROOK TRIBUTARY AT FREDERICK STREET AMENDMENT 1 SCOPE OF WORK
Task 3: Grant Administration Support
No new work is included in this Amendment.
Task 4: Permitting
No new work is included in this Amendment.
Task 5: Bid Phase Services and Services During Construction
Provider will provide the following Bid Phase Services;
• Prepare agenda and approximately 10 minute presentation for pre-bid meeting
• Attend pre-bid meeting
• Address questions during bidding
• Prepare up to two addenda,and
• Review of contractor bids for conformance and recommendation for award.
Provider will provide the following Construction Phase services;
• Attend pre-construction meeting(it is assumed that the pre-construction meeting agenda to
be prepared by the City)
• Perform approximately quarter time construction management(CM) services to support the
City CM.
• Respond to Requests for Information(RFIs),review submittals,and review and recommend
approvals for Work Change Directives,Change Proposal Requests,and Change Orders
related to the stream and BMP designs
• Attend final walk through for Substantial Completion inspection
Task 5 Assumptions
Provider will not respond to bid phase questions,RFIs,review submittals or review and recommend
approvals for Work Change Directives,Change Proposal Requests,and Change Orders related to the
Frederick Street repavement.
ARTICLE 2 - Schedule
The estimated PROJECT schedule adjusted to account for Amendment 1 is shown in Figure 1 and is
based upon a Notice to Proceed from the City for Amendment 1 of August 17,2012. Deliverable
deadlines and City review periods are included in the descriptions of the individual tasks.The
overall project schedule is structured to coordinate with the required USACE meetings and review
periods associated with the Stream and Wetland Umbrella Mitigation Banking Instrument project. This
PROJECT schedule may be adjusted depending on the availability of USACE and the Inter-Agency
Review Team members' to attend meetings as a group or review documents.
OMA/EXHIBITB-1_ROCKBROOKFINALDESIGN_SCOPESERVICES_AMEND1_REV_02[1] 3
n the PROJECT area after the public meeting.
Task 1 Deliverables
Mailing list and postcard invitations to Public Meeting.
One (1) digital(Word format) of Public Meeting agenda and presentation.
Monthly invoices and status reports for Bidding through Construction Management Services.
Task 2: Design
Provider will update 30 percent drawings submitted as part of the original AGREEMENT to reflect
changes to the design scope that now impact existing utilities. Provider will coordinate the updated
OMA/EXHIBITB-1_ROCKBROOKFINALDESIGN_SCOPESERVICES_AMEND1 REV_02[1]1 431014.03.80.98
da(if necessary)
2
t. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of
Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise.
Additionally,the undersigned/contractor will be subject to the terms of any future contract awards.
(7)Signature E •
Title 1 �-� jl ro -P0( V'/ 3 1\ Date of Signing 0( #-Z
Firm or Corporate Name_CH2M HILL Engineers, Inc.
Address 222 So 15th St, Suite 1402-S, Omaha, NE 68102_ Telephone Number_402-342-9765
A-3 2/2010
ent 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
3
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Exhibit "C-1" - Compensation
Compensation for Tasks 1-4,as enumerated in Exhibit"B-1",Article 1,Scope of Services,
and in Article 2,Schedule,will be performed on a time and material basis.The work will be
performed at 2.13 salary cost multiplier,plus actual costs for direct expenses multiplied by a
1.1 multiplier.The total estimated cost shall not exceed$77,065.00 without agreement and
authorization by both parties. A breakdown of the estimated level of effort is provided in
Table 1.A list of key Team Member hourly rates is included in Table 2.
TABLE 1
Rockbrook Tributary at Frederick Street Final Design Amendment 1 —Budget
Task Price
Task 1 —Project Management $6,291.66
Task 2—Design(includes Big Muddy Workshop subcontract) $44,960.90
Task 3—Grant Administration Support(no new work in Amendment 1) $0.00
Task 4—Permitting(no new work in Amendment 1) $0.00
Task 5—Bid Phase Services and Services During Construction $25,812.44
Total for Amendment 1 $77,065.00
TABLE 2
Rockbrook Tributary at Frederick Street Final Design Amendment 1 —Billable Rates
Team Member Hourly Rate(2012)a
Arsenault, Carla-Administrative Assistant $57.51
Bienlien, Kent—Senior Design QC $168.82
Bauder,Jared—Structural Engineer $83.36
Clegg, Brett—CAD Technician (Structural) $130.23
Duca, Robert-Cost Estimating $104.48
Health&Safety-Senior Engineer $156.68
Holtzclaw, Emily-Project Manager $156.94
Hoxit,Todd—CAD Technician $111.86
Johnson, Noah- Staff Engineer $89.33
Miller, Steve-Senior Technologist $147.67
Petty,Tim—Senior Structural Engineer $146.01
St. Claire, Sonja-Accountant $76.78
Woo,Jack—Geotech QC $151.19
a It is assumed that 2013 hourly rates will be escalated by 3 percent from 2012 hourly rates.
OMNEXHIBITC-1_ROCKBROOKAMENDMENTI COMPENSATION_REV111]1 431014
m members' to attend meetings as a group or review documents.
OMA/EXHIBITB-1_ROCKBROOKFINALDESIGN_SCOPESERVICES_AMEND1_REV_02[1] 3
n the PROJECT area after the public meeting.
Task 1 Deliverables
Mailing list and postcard invitations to Public Meeting.
One (1) digital(Word format) of Public Meeting agenda and presentation.
Monthly invoices and status reports for Bidding through Construction Management Services.
Task 2: Design
Provider will update 30 percent drawings submitted as part of the original AGREEMENT to reflect
changes to the design scope that now impact existing utilities. Provider will coordinate the updated
OMA/EXHIBITB-1_ROCKBROOKFINALDESIGN_SCOPESERVICES_AMEND1 REV_02[1]1 431014.03.80.98
da(if necessary)
2
t. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of
Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise.
Additionally,the undersigned/contractor will be subject to the terms of any future contract awards.
(7)Signature E •
Title 1 �-� jl ro -P0( V'/ 3 1\ Date of Signing 0( #-Z
Firm or Corporate Name_CH2M HILL Engineers, Inc.
Address 222 So 15th St, Suite 1402-S, Omaha, NE 68102_ Telephone Number_402-342-9765
A-3 2/2010
ent 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
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Exhibit "D"-SUPPLEMENTAL PROVISIONS
1. Authorization to Proceed thereof. No interest will accrue on any disputed portion of the
• Execution of this AGREEMENT by CITY will be authorization for billing until mutually resolved.
PROVIDER to proceed with the Services, unless otherwise 9. Limitation of Liability
provided for in this AGREEMENT. PROVIDER's liability for CITY's damages will, in the aggregate,
2. Salary Costs not exceed$100,000.This Provision takes precedence over any
PROVIDER's and its affiliated companies'Salary Costs,when the conflicting Provision of this AGREEMENT or any document
basis of compensation,are the amount of wages or salaries paid incorporated into it or referenced by it.
PROVIDER employees for work directly performed on the Project In no event shall PROVIDER,its affiliated corporations,officers,
plus a percentage applied to all such wages or salaries to cover employees,or any of its subcontractors be liable for any incidental,
all payroll-related taxes, payments,premiums,and benefits. indirect,special,punitive,economic or consequential damages,
including but not limited to loss of revenue or profits,suffered or
3. Per Diem Rates incurred by CITY or any of its agents,including other contractors
PROVIDER's and its affiliated companies'Per Diem Rates,when engaged at the project site,as a result of this Agreement or
the basis of compensation,are those hourly or daily rates PROVIDER's performance or non-performance of services pursuant
charged for work performed on the Project by PROVIDER to this Agreement.
employees.These rates are contained in Exhibit"C", Limitations of liability provided herein will apply whether
COMPENSATION and are subject to a 3%annual PROVIDER's liability arises under breach of contract or warranty;
escalation/adjustment. tort,including negligence;strict liability;statutory liability;or any
4. Subcontracts and Direct Expenses other cause of action,and shall include PROVIDER's officers,
When Services are performed on a cost reimbursement basis,a affiliated corporations,employees,and subcontractors.
markup of_0 percent will be applied to subcontracts and 10. Severability and Survival
outside services and a markup of_10 percent will be If any of the provisions contained in this AGREEMENT are held
applied to Direct Expenses. For purposes of this AGREEMENT, illegal, invalid or unenforceable,the other provisions shall remain
Direct Expenses are defined to include those necessary costs in full effect. Limitations of liability shall survive termination of this
and charges incurred for the Project including, but not limited to: AGREEMENT for any cause.
(1)the direct costs of transportation, meals,lodging,shipping, 11. No Third Party Beneficiaries
equipment and supplies; (2)PROVIDER's current standard rate This AGREEMENT gives no rights or benefits to anyone other
charges for direct use of PROVIDER's vehicles,laboratory test than CITY and PROVIDER and has no third party beneficiaries
and analysis, and certain field equipment;and(3)PROVIDER's except as provided in Provision 10.
standard project charges for computing systems, and health and
safety requirements of OSHA. 12. Materials and Samples
All sales, use,value added,business transfer,gross receipts,or Any items,substances,materials,or samples removed from the
other similar taxes will be added to PROVIDER's compensation Project site for testing, analysis,or other evaluation will be
when invoicing CITY. returned to the Project site unless agreed to otherwise.CITY
5. Cost Opinions recognizes and agrees that PROVIDER is acting as a bailee and
at no time assumes title to said items,substances, materials, or
Any cost opinions or Project economic evaluations provided by samples. CITY recognizes that PROVIDER assumes no risk
PROVIDER will be on a basis of experience and judgment, but, and/or liability for a waste or hazardous waste site originated by
since PROVIDER has no control over market conditions or other than PROVIDER.
bidding procedures, PROVIDER cannot warrant that bids, 13. Assignments
ultimate construction cost,or Project economics will not vary from
these opinions. Neither party shall have the power to or will assign any of the
6. Standard of Care duties or rights or any claim arising out of or related to this
AGREEMENT,whether arising in tort,contract or otherwise,
The standard of care applicable to PROVIDER's services will be without the written consent of the other party.Any unauthorized
the degree of skill and diligence normally employed by assignment is void and unenforceable.
professional engineers or consultants performing the same or 14. Integration
similar services at the time PROVIDER's services are performed.
PROVIDER will re-perform any services not meeting this standard This AGREEMENT incorporates all previous communications and
without additional compensation. negotiations and constitutes the entire agreement of the parties.
7. Termination If CITY issues a Purchase Order in conjunction with performance
of the Services,general or standard terms and conditions on the
This AGREEMENT may be terminated for convenience on 30 Purchase Order do not apply to this AGREEMENT.
days written notice or if either party fails substantially to perform 15. Force Majeure
through no fault of the other and does not commence correction
of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter.On termination, PROVIDER's reasonable control,project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as,but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute,including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services,an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
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since PROVIDER has no control over market conditions or other than PROVIDER.
bidding procedures, PROVIDER cannot warrant that bids, 13. Assignments
ultimate construction cost,or Project economics will not vary from
these opinions. Neither party shall have the power to or will assign any of the
6. Standard of Care duties or rights or any claim arising out of or related to this
AGREEMENT,whether arising in tort,contract or otherwise,
The standard of care applicable to PROVIDER's services will be without the written consent of the other party.Any unauthorized
the degree of skill and diligence normally employed by assignment is void and unenforceable.
professional engineers or consultants performing the same or 14. Integration
similar services at the time PROVIDER's services are performed.
PROVIDER will re-perform any services not meeting this standard This AGREEMENT incorporates all previous communications and
without additional compensation. negotiations and constitutes the entire agreement of the parties.
7. Termination If CITY issues a Purchase Order in conjunction with performance
of the Services,general or standard terms and conditions on the
This AGREEMENT may be terminated for convenience on 30 Purchase Order do not apply to this AGREEMENT.
days written notice or if either party fails substantially to perform 15. Force Majeure
through no fault of the other and does not commence correction
of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter.On termination, PROVIDER's reasonable control,project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as,but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute,including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services,an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, an Engineering Services Agreement with CH2M Hill Engineers, Inc. to
provide final design work for the Rockbrook Tributary at Frederick Street project, located near
115th Street and Frederick Street, was approved by Council Resolution No. 1446 on December 6,
2011; and
WHEREAS, the attached Amendment No. 1 to the Agreement, which by this reference is
made a part hereof, details additional services necessary to complete the final design, as well as
updated Agreement provisions needed due to recent changes in the Omaha Municipal Code; and,
WHEREAS, CH2M Hill Engineers, Inc. has agreed to perform the additional services
needed for an additional fee not exceed $77,065.00 to be paid from 2006 Environment Fund
13122, 2011 Environmental Issue Organization 117216.
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 Engineering Services
Agreement with CH2M Hill Engineers, Inc. for the provision of additional final design phase
services on the Rockbrook Tributary at Frederick Street project, located near 115th Street and
Frederick Street, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the additional fee not to exceed
$77,065.00 for these engineering services from the 2006 Environment Fund 13122, 2011
Environmental Issue Organization 117216.
1545htp
APPROVED AS TO FORM:
41,g°) .—' (- rr3/.(z
DEPUTY.CITY ATTORNEY DATE
, ,
By
•. r ilmember
Adopted SEP 1 1 Z
./A; Ci Clerk ���L , . .
Approved
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Mayor
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ent, but, and/or liability for a waste or hazardous waste site originated by
since PROVIDER has no control over market conditions or other than PROVIDER.
bidding procedures, PROVIDER cannot warrant that bids, 13. Assignments
ultimate construction cost,or Project economics will not vary from
these opinions. Neither party shall have the power to or will assign any of the
6. Standard of Care duties or rights or any claim arising out of or related to this
AGREEMENT,whether arising in tort,contract or otherwise,
The standard of care applicable to PROVIDER's services will be without the written consent of the other party.Any unauthorized
the degree of skill and diligence normally employed by assignment is void and unenforceable.
professional engineers or consultants performing the same or 14. Integration
similar services at the time PROVIDER's services are performed.
PROVIDER will re-perform any services not meeting this standard This AGREEMENT incorporates all previous communications and
without additional compensation. negotiations and constitutes the entire agreement of the parties.
7. Termination If CITY issues a Purchase Order in conjunction with performance
of the Services,general or standard terms and conditions on the
This AGREEMENT may be terminated for convenience on 30 Purchase Order do not apply to this AGREEMENT.
days written notice or if either party fails substantially to perform 15. Force Majeure
through no fault of the other and does not commence correction
of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter.On termination, PROVIDER's reasonable control,project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as,but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute,including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services,an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: `,i
_
WHEREAS, an Engineering Services Agreement with CH2M Hill Engineers, Inc. to
provide final design work for the Rockbrook Tributary at Frederick Street project, located near
115th Street and Frederick Street, was approved by Council Resolution No. 1446 on December 6,
2011; and
WHEREAS, the attached Amendment No. 1 to the Agreement, which by this reference is
made a part hereof, details additional services necessary to complete the final design, as well as
updated Agreement provisions needed due to recent changes in the Omaha Municipal Code; and,
WHEREAS, CH2M Hill Engineers, Inc. has agreed to perform the additional services
needed for an additional fee not exceed $77,065.00 to be paid from 2006 Environment Fund
13122, 2011 Environmental Issue Organization 117216.
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 Engineering Services
Agreement with CH2M Hill Engineers, Inc. for the provision of additional final design phase
services on the Rockbrook Tributary at Frederick Street project, located near 115th Street and
Frederick Street, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the additional fee not to exceed
$77,065.00 for these engineering services from the 2006 Environment Fund 13122, 2011
Environmental Issue Organization 117216.
1545htp
APPROVED AS TO FORM:
DEPUTY CITY ATTORNEY DATE
,M,0771404 .
//
, ,
By
• ilmember
Adopted SEP 1 1 2 o
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0 IN •M 1 t N iCD ii� COi i0) 0 l� IN •M 17 iN •FO_.ff._ l� ._.m ..;N _..N N )el N ' a.CI
ent, but, and/or liability for a waste or hazardous waste site originated by
since PROVIDER has no control over market conditions or other than PROVIDER.
bidding procedures, PROVIDER cannot warrant that bids, 13. Assignments
ultimate construction cost,or Project economics will not vary from
these opinions. Neither party shall have the power to or will assign any of the
6. Standard of Care duties or rights or any claim arising out of or related to this
AGREEMENT,whether arising in tort,contract or otherwise,
The standard of care applicable to PROVIDER's services will be without the written consent of the other party.Any unauthorized
the degree of skill and diligence normally employed by assignment is void and unenforceable.
professional engineers or consultants performing the same or 14. Integration
similar services at the time PROVIDER's services are performed.
PROVIDER will re-perform any services not meeting this standard This AGREEMENT incorporates all previous communications and
without additional compensation. negotiations and constitutes the entire agreement of the parties.
7. Termination If CITY issues a Purchase Order in conjunction with performance
of the Services,general or standard terms and conditions on the
This AGREEMENT may be terminated for convenience on 30 Purchase Order do not apply to this AGREEMENT.
days written notice or if either party fails substantially to perform 15. Force Majeure
through no fault of the other and does not commence correction
of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter.On termination, PROVIDER's reasonable control,project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as,but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute,including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services,an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09