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RES 2012-0904 - Agmt with CH2M Hill Engineers Inc for OPW 52333-SP, Missouri River WWTP transfer lift station force main repair , O�coNAHA,NF6 it ��' �'' 's� RECEIf Public Works Department �d� � ,. n Omaha/Douglas Civic Center ��" July 3, 2012 UF�' PM 2: 2 1819 Farnam Street,Suite 601 n® ,f(�:�41 ��tll� �l 90:: ' - ;:� Omaha,Nebraska 68183-0601 �Ps4A.ED FEW) Y € s € t;:S 1 (402)444-5220 Fax(402)444-5248 H HE t� S �.A City of Omaha d o t'� 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 Service Agreement with CH2M Hill Engineers, Inc. to design a repair for the east force main, a 48-inch ductile iron pipe at the Missouri River Wastewater Treatment Plant - Transfer Lift Station under the project designation of OPW 52333-SP. The attached agreement and resolution authorizes CH2M Hill Engineers, Inc. to proceed with the ' design services related to this project as detailed in Exhibit B of the Agreement. CH2M Hill Engineers, Inc. has agreed to perform the services in the attached agreement for a fee not to exceed $52,132.00, as detailed in Exhibit C, which is payable from the Sewer Revenue Improvement 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 Report, Form • CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: c-�-- t—/3 -' t_ Wiso.a.h LGOna c�/ (9 /21 I/a Ro ert G. Stubbe, .E. Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: �t¢// .�-- Geis---r a— 4 ! _, Pam Spaccarotella Date uman Rights and Relations ate '35'2 Finance Director Department 1010djr ications and Plates shall be used unless special conditions require modification. Modifications are to be approved by the CITY. 7 Updated!07/23/2010: • City of Omaha Pipeline.I.nspection Procedure.Using Closed:Circuit Television Revision 2. .• Updated 03/04/2011 �.,.. .:.�_.- .w. � U date p d 05709/2011 ▪ Public.Information Procedure CSO and RNC Projects (Update to:be issued: 09/2011 ) 1 6 construction. 5 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 of Omaha, Nebraska, and shall post copies of the notice 3 e,or other intellectual property developed during interpretation and performance,and any other claims the course of, or as a result of,the PROJECT shall related to it. remain the property of the ENGINEER. 6.13 Severability and Survival 6.13.1 If any of the Provisions contained in this AGREEMENT are held for any reason to be invalid, FORM 398 REVISED 1/06 5 be paid for all officers,employees,agents,affiliates,and authorized services performed up to the termination subcontractors. CITY will provide ENGINEER 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 ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I Si • • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 21st day of May, 2012, 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. 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. 1. PROJECT NAME AND DESCRIPTION OPW 52333.SP— Missouri River Wastewater Treatment Plant•—Transfer Lift Station Force Main Repair IL 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 • 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 and 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-I) 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 Missouri River Plant, 5600 South 10th Street,Omaha, NE 681.07 and 402-444-3915 x 204 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessaryy to commence for proceed with the project and various aspects of it. erstanding a notice advising the labor union or worker's representative of the Contractor's commitments under the equal employment opportunity clause of the City of Omaha, Nebraska, and shall post copies of the notice 3 e,or other intellectual property developed during interpretation and performance,and any other claims the course of, or as a result of,the PROJECT shall related to it. remain the property of the ENGINEER. 6.13 Severability and Survival 6.13.1 If any of the Provisions contained in this AGREEMENT are held for any reason to be invalid, FORM 398 REVISED 1/06 5 be paid for all officers,employees,agents,affiliates,and authorized services performed up to the termination subcontractors. CITY will provide ENGINEER 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 ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I • • 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 $52,132. Detailed breakdown of costs shall be shown in Exhibit"C". 13. 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 suhconsultants(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. ,A.DDITIONA'L 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. es of the notice 3 e,or other intellectual property developed during interpretation and performance,and any other claims the course of, or as a result of,the PROJECT shall related to it. remain the property of the ENGINEER. 6.13 Severability and Survival 6.13.1 If any of the Provisions contained in this AGREEMENT are held for any reason to be invalid, FORM 398 REVISED 1/06 5 be paid for all officers,employees,agents,affiliates,and authorized services performed up to the termination subcontractors. CITY will provide ENGINEER 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 ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I • • V 11 I. INDEMNIFICATION The Provider agrees,to the fullest extent permitted by law,to indemnify 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 rate, 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. C. ,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. f the Provisions contained in this AGREEMENT are held for any reason to be invalid, FORM 398 REVISED 1/06 5 be paid for all officers,employees,agents,affiliates,and authorized services performed up to the termination subcontractors. CITY will provide ENGINEER 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 ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I 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: I) 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. not include costs of 6.6 Suspension, Delay,or Interruption of Work ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I 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(I)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. 5) 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. 6) 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. nst 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. not include costs of 6.6 Suspension, Delay,or Interruption of Work ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I . EXECUTED this, tOday of ' , 2012. r Provider t ATTEST /,,,," es' Jed (Title EXECUTED this_ day of 9 i , 2.,„Z ATTEST CITY C- •MAHA,A unicipal Corporation e_L_... By ..r.. .....- .4/I:'i/`" City Clerk _ " ayor APPROVED AS TO.FORM: �d � (- L Deputy City Attorney Revised: 5/2012 �• `� fy o 0 0 N ° rn N. " '-d n`� a n d (7 - °C 0 o ° 0 +Lip . o n () 0 c n v <o O w n o 0 v,• n O O� 0 CAD G Q.. O 0 5) UQ ." '.,, mot 3. S- -:-', ,� a , '\ .� 'rstNt4,,'S,,r., i3 SP i , w 7A // Approved.. . Mayor EXHIBIT"A+► Utilization land Emerging Small Businesses Reserved • • • • • • 9 i , 2.,„Z ATTEST CITY C- •MAHA,A unicipal Corporation e_L_... By ..r.. .....- .4/I:'i/`" City Clerk _ " ayor APPROVED AS TO.FORM: �d � (- L Deputy City Attorney Revised: 5/2012 �• `� fy o 0 0 N ° rn N. " '-d n`� a n d (7 - °C 0 o ° 0 +Lip . o n () 0 c n v <o O w n o 0 v,• n O O� 0 CAD G Q.. O 0 5) UQ ." '.,, mot 3. S- -:-', ,� a , '\ .� 'rstNt4,,'S,,r., i3 SP i , w 7A // Approved.. . Mayor CH2M HILL 9193 South Jamaica Street Englewood,CO 80112 D.O.Bo CH2M H I LL CO 802 Denver,CO 80222 Tel 720.286.2747 Fax 720.286.8114 May 30, 2012 Project: OPW 52333 Missouri River Wastewater Treatment Plant-Transfer Lift Station Force Main Repair Mr. Rick Murch Missouri River Wastewater Treatment Plant 5600 South 10th Street Omaha, NE 68107 Subject: Small Businesses and Emerging Small Businesses Support I have reviewed the list of the City of Omahas certified Tier I and Tier II Small Businesses and Emerging Small Businesses (SB/ESB) to evaluate if any of these companies would be able to provide technical support for the subject project. I have determined that there are no companies on the list with sufficient technical capabilities to support the tasks in the scope of work for this project. Therefore,no SB/ESB companies are proposed as subcontractors on this project. Please let Matt Krumholz know if you have any questions or concerns related to this matter. You can contact him at 720-286-2747. Sincerely, CH2M HILL Engineers,Inc. CH2M HILL Engineers, Inc. 1 e.. E. .--.- Matt Krumholz, P.E. Douglas E. Simon,P.E. Project Manager Designated Manager ed 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. 5) 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. 6) 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. nst 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. not include costs of 6.6 Suspension, Delay,or Interruption of Work ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I . . . . ItxmniT"B" SCOPE OF SERVICES inesses Reserved • • • • • • 9 i , 2.,„Z ATTEST CITY C- •MAHA,A unicipal Corporation e_L_... By ..r.. .....- .4/I:'i/`" City Clerk _ " ayor APPROVED AS TO.FORM: �d � (- L Deputy City Attorney Revised: 5/2012 �• `� fy o 0 0 N ° rn N. " '-d n`� a n d (7 - °C 0 o ° 0 +Lip . o n () 0 c n v <o O w n o 0 v,• n O O� 0 CAD G Q.. O 0 5) UQ ." '.,, mot 3. S- -:-', ,� a , '\ .� 'rstNt4,,'S,,r., i3 SP i , w 7A // Approved.. . Mayor Exhibit B - Proposal SCOPE OF SERVICES — OPW 52333.SP City of Omaha Missouri River Wastewater Treatment Plant — Transfer Lift Station Force Main Repair 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 ductile iron pipe(DIP)force mains run from Transfer Lift Station to the Secondary Treatment Complex, supported on underground piles. One of these pipes is used regularly (western pipe)and the other has been used only rarely(eastern pipe)since its construction in 1981. Recently, the eastern pipe was put into operation and a leak was observed at the ground surface.The cause of the failure has not been determined.This leaking eastern pipe must be repaired because both pipes are required to be operational in order to sequence the installation of new equipment in the Transfer Lift Station as part of the Schedule A construction(OPW 52200). The general location of the buried portion of this force main is shown below. The failure occurred in the vicinity of the area shown in red. 31- zs' 257.702 1 *' CF Z-4e' "4i oVTFLCM �fI PDRCE MAIN9 \ fr ( ! (p .. '�7 +� \E57-i5�4 • CL 24e TNkX,1NG FILTER I • .i all i C f 1 I 1 1 t 1( t C'24't UNTW:B-M Qla�' [I zw SLUDGE LINE i 5CGE LINE EE=945'GENE 1 1 - - - I d G571.TA $ra TiSR.S1 &LEitt% - CENTER _>>�• r LEASE VALVES I t :. ._....._._--._....: p__� .—f AN'" TWLYfEB LIFT GrA. .: 7-1 ....�.. 1.� ':1: „� _...f -i lir7'S2i'�5h%l.{i7_ t.. '._..17- , �. • . ! 1 CH2M HILL Engineers,Inc. (CONSULTANT)will design a repair of the force main. The repair work will be performed as a change order to the Schedule A South Omaha Industrial Area Facilities construction to be performed by Hawkins Construction Company (CONTRACTOR). The CONTRACTOR will locate the leak,perform the repair as designed and return the surface to its existing condition.The CONSULTANT will inspect the identified leak and removed pipe to evaluate condition. The CONSULTANT will assess the condition of the force mains existing liner and locations of pipe wall or joint corrosion to determine other longer-term structural issues and remaining service life. The force main will be accessed at a tee and 18-inch air-release valve (ARV). The ARV is located at a high point where the force main crosses over the existing Ohern Street CSO Outfall. The following details the project scope of services. Exhibit B-Proposal Page 1 of 4 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. not include costs of 6.6 Suspension, Delay,or Interruption of Work ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I OPW 52333.SP TRANSFER LIFT STATION FORCE MAIN REPAIR • Proposed Scope of Services Task 1 Pipe Repair Design and Repair The CONSULTANT will provide engineering services to the CITY including review of the as-built drawings, design of a proposed pipe repair,backfill requirements, and inspection of the existing condition of the pipe in the vicinity of the leak. Engineering services during construction will be performed as part of the Schedule A South Omaha Industrial Area Facilities after inclusion of this work via Change Order. No permitting will be performed as the United States Army Corps of Engineers (USACE)has informed the CITY that no permits will be required to repair the pipe. Design of the repair will occur simultaneously with the pipe inspection(see Task 2 below) and will not be based on the findings of the inspection. CONSULTANT will prepare up to three draft drawings (11x17)based on information currently available to show the proposed repair and provide them to the CITY and CONTRACTOR for review. It is assumed that repair information will be provided on the drawings and separate specifications will not be required. Final drawings will be provided to CITY after comments have been received. Drawings may show alternate repairs as necessary to account for variation in conditions discovered when exposed. The designed repair is intended to make the pipe available for use during pump replacements at the Transfer Lift Station. The repair detail will only address the area of the identified leak. It is understood that,depending on the condition of the existing pipe as identified through the CCTV investigation to be performed in Task 2, the designed repairs may not be sufficient to extend the service life and additional improvements may be required-the design of which is outside the scope of services presented herein. • Construction oversight will be performed by the CONSULTANTS Construction Manager for the Schedule A South Omaha Industrial Area Facilities. CONTRACTOR to maintain Record Drawings of the constructed improvements coincident with record drawing documentation for Schedule A South Omaha Industrial Area Facilities after inclusion of this work via Change Order to be executed between the CITY and CONTRACTOR. Task 2 Internal Pipe Inspection CONSULTANT will conduct an internal CCTV inspection of the pipeline to locate actual or potential defects that may result in pipe wall or joint leakage and assess the condition of the existing liner and locations of pipe wall or joint corrosion to assess the structural integrity of the pipeline prior to initiating the repair. Access through the flanged ARV will be made available with assistance from the CITY. The air-release valve is located approximately 180' downstream from the transfer lift station and continues 850' to its termination within the secondary treatment building/complex.The ARV is located at a high point where the force main crosses over an existing gravity sewer. The CITY will ensure that the entire pipeline alignment has been fully dewatered prior to the CONSULTANT arriving on site and the ARV should be removed in order to provide complete access to the 18-inch pipe.A fully dewatered force main will allow the CONSULTANT to complete the full circumference inspection. Vehicle access to the manhole will also be provided by the CITY for placement and retrieval of CCTV equipment. EXHIBIT B-PROPOSAL PAGE 2 OF 4 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. not include costs of 6.6 Suspension, Delay,or Interruption of Work ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I • • OPW 52333.SP TRANSFER LIFT STATION FORCE MAIN REPAIR Although it is anticipated that the interior wall color of the existing DIP is dark,the proposed CCTV system will utilize sufficient illumination to identify defects in the pipeline. The inspections will be digitally recorded and deficiencies will be documented. A condition assessment to evaluate future rehabilitation methods and alternatives will be provided. It is assumed that the CCTV inspection will take 1 day. The CONSULTANT will provide the Confined Space Entry Permit, Entrance Supervisor along with monitoring and ventilation devices,retrieval equipment,and the rescue team for entry into the ARV. A brief Technical Memorandum will be prepared documenting the findings of the CCTV inspection including the condition of the pipeline. Task 3 Pipe Inspection During Construction Inspection During repair of the pipe,CONSULTANT will provide an inspector to assess the condition of the pipe after the pipe segment containing the leak has been removed and before repairs are performed. The inspection will include inspection of the removed pipe segment and inspection of the exposed ends of the pipe within the excavation. The CONSULTANT will be required to enter the excavation to inspect the ends of the pipe. The CONSULTANT will provide the Confined Space Entry Permit,the Entrance Supervisor,monitoring and ventilation devices,retrieval equipment,and the rescue team. Schedule The design services outlined herein will be completed by July 27,2012 or 60 days from the Notice to Proceed,whichever is later.The CCTV inspection will be performed by August 31, 2012 or 90 Days from Notice to Proceed. A Draft Technical Memorandum summarizing the CCTV condition inspection will be provided within 45 days of the completion of the repair. The Pipe Inspection During Construction will be performed at the time of construction, currently expected to occur before the end of November, 2012.The CCTV Technical Memorandum will be updated after inspection of the leak to incorporate the findings of the alternate inspection but no later than December 31, 2012. Assumptions 1) All necessary background information has been collected. If additional information is necessary this effort will be supported by CITY staff and will not exceed an additional 4 hours for the CONSULTANT. 2) No more than three drawings will be required to document the CONTRACTOR requirements. 3) The design is intended to repair a single leak in the pipe. If more extensive deficiencies are present the designed repair will be implemented to provide a temporary means of conveying flow during the Transfer Lift Station.Additional (more extensive) repair designs are not covered by this Scope of Services. EXHIBIT B-PROPOSAL PAGE 3 OF 4 tation and continues 850' to its termination within the secondary treatment building/complex.The ARV is located at a high point where the force main crosses over an existing gravity sewer. The CITY will ensure that the entire pipeline alignment has been fully dewatered prior to the CONSULTANT arriving on site and the ARV should be removed in order to provide complete access to the 18-inch pipe.A fully dewatered force main will allow the CONSULTANT to complete the full circumference inspection. Vehicle access to the manhole will also be provided by the CITY for placement and retrieval of CCTV equipment. EXHIBIT B-PROPOSAL PAGE 2 OF 4 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. not include costs of 6.6 Suspension, Delay,or Interruption of Work ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I OPW 52333.SP TRANSFER LIFT STATION FORCE MAIN REPAIR 4) The CITY and CONTRACTOR will have a maximum of two weeks to review the Draft Drawings and provide comments to CONSULTANT. CITY and CONTRACTOR reviews will be performed concurrently. 5) Two Draft Review Meetings will be performed in Omaha. The first meeting is intended to review the draft drawings with the CITY,while the second will be with the CONTRACTOR. On-Site meetings will be coordinated with or scheduled coincident to other meetings. 6) A combined Comment Resolution meeting with the CITY and CONTRACTOR will be held in Omaha after resolutions to the Draft Review Meeting comments have been identified. 7) The work will be performed by the CONTRACTOR as a change order to Schedule A and will not require new specifications. Payment will be in accordance with the Change Order procedures identified in the Project Manual for OPW 52200. 8) Drawings will indicate that existing infrastructure must be repaired if damaged during the repair. 9) Backfill will be as required by the USACE for work in close proximity to the levee. 10) Surface restoration will be to return to pre-existing condition. 11) 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. 12) CONSULTANT CCTV equipment will be capable of inspecting a 900 ft reach. The CCTV team will spend one day in the field inspecting the pipe and will inspect as much as possible from the ARV. 13) A brief Technical Memorandum of the observed pipe condition will be developed. A draft of the memorandum will be provided to the CITY for review before a final memorandum is issued. 14) The Pipe Inspection During Construction will take one 8 hour day to perform. The CONTRACTOR will provide sufficient notice for mobilization of the CONSULTANT and will be responsible for the safety of the excavation. EXHIBIT B-PROPOSAL PAGE 4 OF 4 dings of the alternate inspection but no later than December 31, 2012. Assumptions 1) All necessary background information has been collected. If additional information is necessary this effort will be supported by CITY staff and will not exceed an additional 4 hours for the CONSULTANT. 2) No more than three drawings will be required to document the CONTRACTOR requirements. 3) The design is intended to repair a single leak in the pipe. If more extensive deficiencies are present the designed repair will be implemented to provide a temporary means of conveying flow during the Transfer Lift Station.Additional (more extensive) repair designs are not covered by this Scope of Services. EXHIBIT B-PROPOSAL PAGE 3 OF 4 tation and continues 850' to its termination within the secondary treatment building/complex.The ARV is located at a high point where the force main crosses over an existing gravity sewer. The CITY will ensure that the entire pipeline alignment has been fully dewatered prior to the CONSULTANT arriving on site and the ARV should be removed in order to provide complete access to the 18-inch pipe.A fully dewatered force main will allow the CONSULTANT to complete the full circumference inspection. Vehicle access to the manhole will also be provided by the CITY for placement and retrieval of CCTV equipment. EXHIBIT B-PROPOSAL PAGE 2 OF 4 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. not include costs of 6.6 Suspension, Delay,or Interruption of Work ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I EXHIBIT"C" BREAKDOWN OF COSTS SERVICES inesses Reserved • • • • • • 9 i , 2.,„Z ATTEST CITY C- •MAHA,A unicipal Corporation e_L_... By ..r.. .....- .4/I:'i/`" City Clerk _ " ayor APPROVED AS TO.FORM: �d � (- L Deputy City Attorney Revised: 5/2012 �• `� fy o 0 0 N ° rn N. " '-d n`� a n d (7 - °C 0 o ° 0 +Lip . o n () 0 c n v <o O w n o 0 v,• n O O� 0 CAD G Q.. O 0 5) UQ ." '.,, mot 3. S- -:-', ,� a , '\ .� 'rstNt4,,'S,,r., i3 SP i , w 7A // Approved.. . Mayor Exhibit C - Breakdown of Cost by Services COMPENSATION - OPW 52333.SP City of Omaha Missouri River Wastewater Treatment Plant - Transfer Lift Station Force Main Repair Compensation shall be based on a 2.133 salary cost multiplier with a 10 percent mark-up on all direct expenses. CONSULTANT will complete the Proposed Scope of Services on a time and materials basis not to exceed the contract amount of fifty two thousand one hundred and thirty two dollars ($52,132). CONSULTANT 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. Attachment 1 to Exhibit C summarizes the Anticipated Level of Effort to complete this scope of services. , i3 SP i , w 7A // Approved.. . Mayor 1 Csl • a-O O, a- N M N 7a in INO Y lel W N IR O 161 a ri U 0 Q o E V n U 1 Y s be 5 s'- pp 3 w V J A 0 etst M M e NM N O N p 7 q O J x .11 SNo/eueN e o $mar a, • 2M1Nosuof o °' anals ' it NMUapeM S c.) N )pew ' O 0 2 ur an onm uallualg luaN of m a co lsan c •E ,� uaapnew m c lwlyeJgl d e)saJd a a o o ueyeuow ° a a LL aNgn1 U uy6nen o o, an c d eavuy s w` co A 6.agpunS m suyO w c c yl!ws gar N R a uosdwls U e' m PleJa0 f2 O " IC zioywnJN ,^, 2 n Dew m a ^ V 't 0 a w o o t0 m x o ; m m y >d ct O ` co. 3 'u o o • In m S c Je Ne Q 4. No Ti C M N coo O S. c c c ' M a v • c) N O m _ O a a e- N el • X w d W N Y N Y W400 12H icient notice for mobilization of the CONSULTANT and will be responsible for the safety of the excavation. EXHIBIT B-PROPOSAL PAGE 4 OF 4 dings of the alternate inspection but no later than December 31, 2012. Assumptions 1) All necessary background information has been collected. If additional information is necessary this effort will be supported by CITY staff and will not exceed an additional 4 hours for the CONSULTANT. 2) No more than three drawings will be required to document the CONTRACTOR requirements. 3) The design is intended to repair a single leak in the pipe. If more extensive deficiencies are present the designed repair will be implemented to provide a temporary means of conveying flow during the Transfer Lift Station.Additional (more extensive) repair designs are not covered by this Scope of Services. EXHIBIT B-PROPOSAL PAGE 3 OF 4 tation and continues 850' to its termination within the secondary treatment building/complex.The ARV is located at a high point where the force main crosses over an existing gravity sewer. The CITY will ensure that the entire pipeline alignment has been fully dewatered prior to the CONSULTANT arriving on site and the ARV should be removed in order to provide complete access to the 18-inch pipe.A fully dewatered force main will allow the CONSULTANT to complete the full circumference inspection. Vehicle access to the manhole will also be provided by the CITY for placement and retrieval of CCTV equipment. EXHIBIT B-PROPOSAL PAGE 2 OF 4 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. not include costs of 6.6 Suspension, Delay,or Interruption of Work ENGINEER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of support,prepare,document, bring,defend,or assist in ENGINEER for the convenience of CITY. In such event, litigation undertaken or defended by CITY.All such ENGINEER's contract price and schedule shall be Services required or requested of ENGINEER 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 5.10 Changes This AGREEMENT gives no rights or benefits to anyone CITY may make or approve changes within the general other than CITY and ENGINEER and has no third-party Scope of Services in this AGREEMENT. If such beneficiaries. changes affect ENGINEER's cost of or time required for 6.8 Indemnification performance of the services, an equitable adjustment 6.8.1 ENGINEER 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 ARTICLE 6.GENERAL LEGAL PROVISIONS of claims by third parties for property damage or bodily 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 ENGINEER, ENGINEER's employees,affiliated authorization for ENGINEER to proceed with the work, corporations,and subcontractors in connection with the unless otherwise provided for in this AGREEMENT. PROJECT. 6.2 Reuse of PROJECT Documents 6.8.2 CITY agrees to indemnify ENGINEER from any All reports,drawings, specifications,documents,and claims,damages, losses,and costs,including,but not other deliverables of ENGINEER,whether in hard copy limited to,attorney's fees and litigation costs,arising out of claims by third parties for property damage or bodily FORM 398 REVISED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I EXHIBIT"0" SUPPLEMENTAL PROVISIONS i - 52333.SP City of Omaha Missouri River Wastewater Treatment Plant - Transfer Lift Station Force Main Repair Compensation shall be based on a 2.133 salary cost multiplier with a 10 percent mark-up on all direct expenses. CONSULTANT will complete the Proposed Scope of Services on a time and materials basis not to exceed the contract amount of fifty two thousand one hundred and thirty two dollars ($52,132). CONSULTANT 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. Attachment 1 to Exhibit C summarizes the Anticipated Level of Effort to complete this scope of services. , i3 SP i , w 7A // Approved.. . Mayor 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 ARTICLE 3.TERMS OF PAYMENT construction work in accordance with the construction 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 1/06 1 ED 1/06 4 ruction Site, and provisions providing FORM 398 REVISED 1/06 3 , , I 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$60,000. 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 PROJECT. unless otherwise provided for in this AGREEMENT. 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 39B REVISED 1/06 3 98 REVISED 1/06 2 • 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 6.16 Dispute Resolution such damages. 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 uch 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 PROJECT. unless otherwise provided for in this AGREEMENT. 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 39B REVISED 1/06 3 98 REVISED 1/06 2 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: -es; WHEREAS, professional engineering services are required for design wo'k-.on v OPW 52333-SP, being the Missouri River Wastewater Treatment Plant — Transfer,Lift Station Force Main Repair; and, .` d WHEREAS, CH2M Hill Engineers, Inc. was selected by the Architects and Engineers Selection Process and has agreed to perform the services as listed in the attached Agreement, which by this reference is included hereof; and, WHEREAS, CH2M Hill Engineers, Inc. has agreed to perform these services for a fee not to exceed $52,132.00, which will be paid from the Sewer Revenue Improvement Fund 21124, Capital Asset Replacement Program Organization 116913; Sewer Revenue Bonds will be issued to finance this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Professional Services Agreement with CH2M Hill Engineers, Inc., for OPW 52333-SP, being the Missouri River Wastewater Treatment Plant—Transfer Lift Station Force Main Repair, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $52,132.00 for these professional services from the Sewer Revenue Improvement Fund 21124, Capital Asset Replacement Program Organization 116913; Sewer Revenue Bonds will be issued to finance this project. 1009djr APPROVED AS TO FORM: . 1,672.aAt., DEPUTY CITY ATTORNEY DATE By %' C un ilmember Adopted y#JUL — 3 2012 '2-0 Cit lerk �! ? • Approved . Mayor re 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 6.16 Dispute Resolution such damages. 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 uch 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 PROJECT. unless otherwise provided for in this AGREEMENT. 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 39B REVISED 1/06 3 98 REVISED 1/06 2 Nzi—ti N � 4 ., A x ro PCJ ' O pa •p N ( A CD Ooqo ' a N D� ry �'o "�1 + Cp co Crq o cia CD CD r p Q N O 9tIi1.! ' i i % ril rTh ati R... N t ' v CIw � O C! C p \ .15 O O N• N O (D " G '•" vAp ' m W � . `� V � ev ` CD O CD n 2 a, C " ' w o P � 77, O W O r CD CD A, ..' CD K ro 7 CD 1 I Cm—`-`" w'''(: F$ .e "` .•?s . a aJ i�-b pA ya��... "a. . S'i).1 .C, •- tI i1 r