RES 2011-1446 - Agmt with CH2M Hill Engineers Inc for Rockbrook Tributary at Frederick St project C
(•••tAAHA•ivk,
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Omaha/.Douglas Civic Center
f,Sr iitte,,ci = December 2011 1819 Farnam Street,Suite 601
o'" ! yz m. 6, 11 O 22 °, Omaha,Nebraska 68183-06O1
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City of Omaha € ,N 1 . i ,, Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement with CH2M
Hill Engineers, Inc. for final design of the Rockbrook Tributary at Frederick Street project, as
connected with the 2011-2016 Capital Improvement Program Environment Project 301. This
project is located near 115th and Frederick Streets in Omaha.
The attached agreement and resolution authorizes CH2M Hill Engineers, Inc. to proceed with
final design work for the channel stabilization, impact minimization,permit application and other
pre-construction work 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 $99,915.00, as detailed in Exhibit C, which is payable from the 2006 Environment
Fund 13122, 2011 Environmental Issue Organization 117216.
CH2M Hill Engineers, Inc. has filed the required Annual Contract Compliance Form CC-1, in
the Human Rights and Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
1--Q. //-i7-// /1. 22. 11
Rob rt G. Stubbe, P.E. Date Mayor's ff e Date
Public Works Director
Approved as to Funding: Approved:
evit 1 fie102/11
520,-/ //-1-,97---/—/./ __,_,...
ep Pam Spaccarotella Date Human Rights and Relations Date
Finance Director Department
1316htp
eer's Estimate 20 @ $30.00 per TON $600.00
Dostals Construction $30.00 per TON $600.00
Mackie Construction,LLC $25.16 per TON $503.20
Navarro Enterprise Construction, Inc. - $99.00 per TON $1,980.00
Thompson Construction, Inc. $50.00 per TON $1,000.00
23 900.023 REMOVE STABILIZED ACCESS
Engineeer's Estimate 1 @ $400.00 per LS $400.00
Dostals Construction $350.00 per LS $350.00
Mackie Construction,LLC • $550.00 per LS $550.00
Navarro Enterprise Construction, Inc. $530.00 per LS $530.00
Thompson Construction, Inc. $600.00 per LS $600.00
24 900.024 SEEDING-TYPE"TEMPORARY SEED MIX"
Engineeer's Estimate 0.4 @ $1,000.00 per AC $400.00
Dostals Construction $1,000.00 per AC $400.00
Mackie Construction,LLC $797.50 per AC $319.00
Navarro Enterprise Construction, Inc. $1,750.00 per AC $700.00
Thompson Construction, Inc. $2,400.00 per AC $960.00
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1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of , 2011, 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.
TERMS:
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 and its attachments,Exhibit D and its attachments will prevail.
I. PROJECT NAME AND DESCRIPTION
Rockbrook Tributary at Frederick Street Final Design.
II. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, as set out and more fully described in the
Proposal attached hereto, for the City, relative to the above-referenced project which is
illustrated in Exhibit`B" attached hereto. Such services shall be completed within a 250 day
period after receipt of a purchase order from the City.
B. Provider designates Emily Holtzclaw whose business address and phone number are 222
South 15`h St., Ste. 1402-S, Omaha, NE 68102, (402) 342-9765 ext. 37110 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 250 calendar days of receipt of a purchase order from the
City, the necessary services. The City recognizes that completion within this deadline is
contingent upon timely response from utilities and City input.
F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's
Human Rights and Relations Department prior to signing the agreement.
III. DUTIES OF CITY
A. City designates Selma Kessler whose business address and phone number are 5600 South 10`h
Street, Omaha, NE 68107, (402) 444-3915 ext. 221 as its contact person for this project, who shall
provide a notice to proceed and such other written authorizations as are necessary to commence for
proceed with the project and various aspects of it.
30.00 per LS $530.00
Thompson Construction, Inc. $600.00 per LS $600.00
24 900.024 SEEDING-TYPE"TEMPORARY SEED MIX"
Engineeer's Estimate 0.4 @ $1,000.00 per AC $400.00
Dostals Construction $1,000.00 per AC $400.00
Mackie Construction,LLC $797.50 per AC $319.00
Navarro Enterprise Construction, Inc. $1,750.00 per AC $700.00
Thompson Construction, Inc. $2,400.00 per AC $960.00
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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 $99,915.00. Detailed breakdown of costs shall be shown •
in Exhibit"C".
B. Reimbursable expenses shall be billed to the City by the Provider.
C. INCREASE OF FEES
The parties hereto acknowledge that, as of the date of the execution of the Agreement,
Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to
contracts or purchases which taken alone increase the original fee as awarded (a) by ten
percent, if the original fee is one hundred fifty thousand dollars($150,000) or more, or(b) by
seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in
advance of the acceptance of any purchase in excess of such limits. However, neither
contract nor purchase amendments will be split to avoid advance approval of the City
Council.
The originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the city council.
The provisions of this section will be quoted in all future city contracts. Nothing in this
section is intended to alter the authority of the mayor under section 5.16 of the Charter to
approve immediate purchases.
V. OWNERSHIP OF INSTRUMENTS OF SERVICE
The City acknowledges the Provider's construction documents, including electronic files,as
instruments of professional service.Nevertheless, upon completion of the services and payment in
full of all monies due to the Provider,the final construction documents prepared under this
Agreement shall become the property of the City. The City shall not reuse at another site or make
any modification to the construction documents without the prior written authorization of the
Provider. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless
the Provider, its officers,directors, employees and subconsultants (collectively,Provider)against
any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising
from or in any way connected with the unauthorized reuse or modification of the construction
documents by the City, regardless of whether such reuse or modification is for use at the Project
site or another site.
VI. ADDITIONAL SERVICES
In the event additional services for the aforementioned project not covered under this Agreement
are required, Provider agrees to provide such services at a mutually agreed upon cost.
VII. INSURANCE REQUIREMENTS
Provider shall carry professional liability insurance in the minimum amount of one half million
dollars and shall carry workers' compensation insurance in accordance with the statutory
requirements of the State of Nebraska.
ING-TYPE"TEMPORARY SEED MIX"
Engineeer's Estimate 0.4 @ $1,000.00 per AC $400.00
Dostals Construction $1,000.00 per AC $400.00
Mackie Construction,LLC $797.50 per AC $319.00
Navarro Enterprise Construction, Inc. $1,750.00 per AC $700.00
Thompson Construction, Inc. $2,400.00 per AC $960.00
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VIII. 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
race, color, sec, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha
Municipal Code section 13-89, political or religious opinions, affiliations or national origin.
B. Captions. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable
city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter,no elected official or
any officer or employee of the City shall have a financial interest, direct or indirect, in any
City Agreement. Any violation of this section with the knowledge of the person or
corporation contracting with the City shall render the Agreement voidable by the Mayor or
Council.
E. Interest of the Provider. The Provider covenants that he presently has no interest and shall
not acquire any interest, direct or indirect, which would conflict with the performance of
services required to be performed under this Agreement; he further covenants that in the
performance of this Agreement, no person having any such interest shall be employed.
F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease
or deed of any type. This is the complete and full agreement of the parties.
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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
sat forth herein. No agent, employee or other representative of either party is empowered to •
alter any of the terms hereof unless done in writing and signed by an 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.
Strict Compliance. All provisions of this Agreement and each and every document that shall
be attached shall be strictly complied with as written, and no substitution or change shall be
made except upon written direction from authorized representative.
J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The
Contractor is required and hereby agrees to use a federal immigration verification system to
determine the work eligibility status of new employees physically performing services within
the State of Nebraska. A federal immigration verification system means the electronic
verification of the work authorization program authorized by the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,
or an equivalent federal program designated by the United States Department of Homeland
Security or other federal agency authorized to verify the work eligibility status of a newly
hired employee.
If the Contractor is an individual or sole proprietorship,the following applies: 1. The
Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor
indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to
provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program. 3. The Contractor understands and agrees that lawful
presence in the United States is required and the Contractor may be disqualified or the
contract terminated if such lawful presence cannot be verified as required by Neb.Rev. Stat.
§4-108.
K. Contract Compliance Ordinance No.35344,Section 10-192
Equal Employment Opportunity Clause
During the performance of this contract,the contractor agrees as follows:
1) The contractor shall not discriminate against any employee applicant for employment because
of race, religion, color, sex, national origin, or disability as defined by the Americans With
Disabilities Act of 1990 and Omaha Municipal Code 13-89. The contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, religion, color, sex or national origin. The
contractor shall take all actions necessary to comply with the Americans With Disabilities Act
of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable
accommodation. As used herein, the word "treated" shall mean and include, without
limitation, the following: Recruited, whether 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 or national origin.
• 3) The contractor shall send to each labor union or representative of workers with which he h-2s 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 eefnployment
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 contract compliance officer 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 section 10-192 to 10-194,
inclusive, and shall permit reasonable access to his records. Records accessible to the
contract compliance officer 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 of this
provision is to provide for investigation to ascertain compliance with the program provided
for herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct
as a means of enforcing the provisions of paragraphs (1) through (7) herein, including
penalties and sanctions for noncompliance; however, in the event the contractor becomes
involved in or is threatened with litigation as the result of such directions by the city, the city
will enter into such litigation as is necessary to protect the interests of the city and to
effectuate these provisions (of this division); and in the case of contracts receiving federal
assistance,the contractor or the city may request the United States to enter into such litigation
to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports
with the contractor in the same form and to the same extent as required by the federal
government for federal contracts under federal rules and regulations. Such compliance
reports shall be filed with the contract compliance officer. Compliance reports filed at such
times as directed shall contain information as to the employment practices, policies, programs
and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section,
"Equal Employment Opportunity Clause," and section 10-193 in every subcontract of
purchase order so that such provisions will be binding upon each subcontractor or vendor.
to ensure that applicants are employed and that employees are treated
during employment without regard to their race, religion, color, sex or national origin. The
contractor shall take all actions necessary to comply with the Americans With Disabilities Act
of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable
accommodation. As used herein, the word "treated" shall mean and include, without
limitation, the following: Recruited, whether 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.
•
EXECUTED this 7-1:
14
day of nlp,,ember- , oZfAf
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ATTEST
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(Title) J
EXECUTED this O day of 02e//
ATTEST CITY OF 0 AHA,A Municipal Corporation
BY 1.
City Jerk /Or
APPROVED AS TO FORM:
fZ—rr'
Deputy City Attorney
Revised: 10/2009
ES 1 Through 25 INCLUSIVE)
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erCERTIFIED BY: / DATE: ` ( /(7
•
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Professional Services Fee and Reimbursable Expense Summary
CH2M HILL Engineers, Inc.
Rockbrook Tributary Rehabilitation Project
Planting Plan & Neighborhood BMP Evaluation
Omaha, Nebraska
Big Muddy Workshop, Inc.
Date: Sept. 26, 2011
SCOPE OF SERVICES Prin./LA SPM/LA Proj LA Total
1.1 Site Visit 2 4
1.2 Planting Concept Sketches 1 2 6
1.3 Concept Review Meeting 2 3
1.4 Refined Sketches and Plant Schedule 1 4 16
1.5 Technical Specifications 3
1.6 Construction Cost Items Units& Unit Prices 1 3
1.7 Second Review Meeting 3
1.8 Final Revision Information 1 1 4
1.9 Quality Assurance Review 2
1.10 Bidding Assistance 2
1.11 BMP Evaluation 2 8
Total Hours 11 11 49
x Hourly Rate $145 $135 $100
Subtotal $1,595 $1,485 $4,900
BMW Professional Fees $7,980
Reimbursable Expenses: •
Drafting/Computer Supplies/In-house Copies $125
Mileage $25
Total Reimbursable Expenses $150
Hourly plus Expenses - not to exceed: $8,130
File:Rockbrook Tributary Rehabilitation Project Fee.xls
n to ascertain compliance with the program provided
for herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct
as a means of enforcing the provisions of paragraphs (1) through (7) herein, including
penalties and sanctions for noncompliance; however, in the event the contractor becomes
involved in or is threatened with litigation as the result of such directions by the city, the city
will enter into such litigation as is necessary to protect the interests of the city and to
effectuate these provisions (of this division); and in the case of contracts receiving federal
assistance,the contractor or the city may request the United States to enter into such litigation
to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports
with the contractor in the same form and to the same extent as required by the federal
government for federal contracts under federal rules and regulations. Such compliance
reports shall be filed with the contract compliance officer. Compliance reports filed at such
times as directed shall contain information as to the employment practices, policies, programs
and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section,
"Equal Employment Opportunity Clause," and section 10-193 in every subcontract of
purchase order so that such provisions will be binding upon each subcontractor or vendor.
to ensure that applicants are employed and that employees are treated
during employment without regard to their race, religion, color, sex or national origin. The
contractor shall take all actions necessary to comply with the Americans With Disabilities Act
of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable
accommodation. As used herein, the word "treated" shall mean and include, without
limitation, the following: Recruited, whether 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.
•
1.11 Bidding Assistance. The A/E will answer bidder's questions and prepare relevant text to be
included in an addendum to be issued by the Prime A/E as required to clarify information or
provide corrections related to the revegetation plantings or seeding.
Deliverable: Text to be included in Prime A/E issued addenda(if necessary)
1.12 BMP Evaluation. The A/E will evaluate potential sites within the watershed of Rockbrook
Tributary where small, water quality improvement demonstration projects could be
implemented. The A/E will provide a written summary documenting their evaluation and
recommending two suitable locations for these BMP improvements.
Deliverable: Written summary of BMP evaluation
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for project OPW 52008
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1.3 Concept Review Meeting. The A/E will participate in a review meeting with the Owner and
Prime A/E to discuss the concept sketches. Comments will be solicited for incorporation into the
refined planting sketches. The Prime A/E will prepare meeting notes.
Deliverable: None
1.4 Refined Planting/Seeding Sketches and Plant Schedule. The A/E will update and refine
portions of the hand sketches as required to reflect comments from the review meeting. The A/E
will provide hand-drawn sketches showing tree and shrub plantings by species and quantities,
and will provide sketches showing the extent of seeding areas by seed type for the disturbed
areas along the creek channel. The A/E will provide a plant schedule showing quantity,
species, size and root condition for each tree and shrub species using an Excel or AutoCAD
format. •
Deliverable:Revegetation Planting/Seeding sketches and Plant Schedule
1.5 Technical Specifications. The A/E will prepare redline technical specifications required for the
planting and seeding plans using standard specifications provided by the Prime "A/E". The
anticipated sections to be completed by the A/E would include plant materials, planting
operations and seeding. The A/E will provide written information on the specified seed
mixtures and application rates for turfgrass and native grass areas as part of the redline
process.
Deliverable:Redlines of technical specifications
1.7 Construction Cost Items Units and Unit Costs. The A/E will develop a list of bid items related to
the plantings and seeding that includes unit quantities and unit prices for the proposed
landscape plantings and seeded areas. Seeding area sizes will be provided by the Prime A/E
to the A/E since the Prime A/E is preparing the construction drawings.
Deliverable:PDF file of construction items, unit quantities and unit prices
1.8 Second Review Meeting. The A/E will participate in a review meeting with the Owner and
Prime A/E to discuss the pre-final construction documents and cost opinion prepared by the
Prime A/E. The Prime A/E will prepare meeting notes.
Deliverable: None
1.9 Final Revision Information. Based upon comments provided by the Owner and Prime A/E
during the final review meeting, the A/E will provide any updated or revised information for
inclusion in the construction drawings to be prepared by the Prime A/E.
Deliverable:PDF files with any revisions to Prime A/E's drawings and technical specifications
1.10 Quality Assurance Review. The A/E will review all drawings and specifications related to this
Scope of Services to ensure that redline comments were picked up and interpreted correctly. If
requested by the Prime A/E, the A/E will seal the work prepared as part of this Scope of
Services once any remaining redline comments have been addressed and hard copies provided
to the A/E for sealing and signature.
Deliverable: None
2
tor shall take all actions necessary to comply with the Americans With Disabilities Act
of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable
accommodation. As used herein, the word "treated" shall mean and include, without
limitation, the following: Recruited, whether 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.
•
An Agreement for the Provision of Limited Professional Services
for
CH2M HILL Engineers, Inc.
Rockbrook Tributary Rehabilitation Project
Revegetation Plantings & Neighborhood BMP Evaluation
Omaha, Nebraska
This agreement is for limited professional landscape architectural services (hereinafter referred to as
"Agreement") to be provided by the Big Muddy Workshop, Inc. (hereinafter referred to as "A/E")for
CH2M HILL Engineers, Inc. (hereinafter referred to as "Prime A/E") on the project detailed under
Article 1.
ARTICLE 1
SCOPE OF SERVICES
This Scope of Services outlines the professional services required to develop revegetation concept
sketches and provide certain assistance during the preparation of construction documents for
revegetation plantings to be implemented as part of the Rockbrook Tributary Rehabilitation project
located near 115th and Frederick Streets in Omaha, Nebraska. The A/E will prepare revegetation
concept sketches for all disturbed areas to assist in stabilizing stream banks and increase biodiversity
of streamside habitat. The A/E will provide the assistance outlined in this Scope of Services to the
Prime A/E who will be responsible for preparing construction documents.
The A/E will also evaluate and recommend up to two suitable locations for a small, water quality
improvement BMP demonstration project within the watershed of the Rockbrook Tributary. A
summary of this evaluation will be provided to the Prime A/E for inclusion in the Basis of Design
Report. Design services for the BMP demonstration project are not included in this Scope of Services.
This proposal was developed in response to a request from Emily M. Holtzclaw, P.E. of CH2M HILL,
Engineers Inc.
SCOPE OF SERVICES:
1.1 Site Visit. The A/E will conduct a site visit with staff from CH2M HILL Engineers to become
generally familiar with the site in terms of existing vegetation, drainage patterns and adjacent
land uses, and to discuss project opportunities and constraints. During this visit, the A/E will
also observe potential locations within the watershed that could be used as potential BMP
demonstration projects as outlined in Task 1.12.
Deliverable: None
1.2 Planting Concept Sketches. The A/E will develop hand-drawn sketches that will indicate the
location of proposed trees, shrubs, turfgrass areas and native grass areas. A plant palette will
be prepared indicating the species of trees, shrubs and grasses to be used on the project.
Deliverable:Hard copies of hand sketches of preliminary planting plan
Scope of Services to ensure that redline comments were picked up and interpreted correctly. If
requested by the Prime A/E, the A/E will seal the work prepared as part of this Scope of
Services once any remaining redline comments have been addressed and hard copies provided
to the A/E for sealing and signature.
Deliverable: None
2
tor shall take all actions necessary to comply with the Americans With Disabilities Act
of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable
accommodation. As used herein, the word "treated" shall mean and include, without
limitation, the following: Recruited, whether 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.
•
EXHIBIT "E"
SUBCONTRACTOR PSA
der's questions and prepare relevant text to be
included in an addendum to be issued by the Prime A/E as required to clarify information or
provide corrections related to the revegetation plantings or seeding.
Deliverable: Text to be included in Prime A/E issued addenda(if necessary)
1.12 BMP Evaluation. The A/E will evaluate potential sites within the watershed of Rockbrook
Tributary where small, water quality improvement demonstration projects could be
implemented. The A/E will provide a written summary documenting their evaluation and
recommending two suitable locations for these BMP improvements.
Deliverable: Written summary of BMP evaluation
3
for project OPW 52008
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Exhibit "D" —SUPPLEMENTAL PROVISIONS
•
1. Authorization to Proceed thereof. No interest will accrue on any disputed portion of the
Execution of this AGREEMENT by CITY will be authorization for billing until mutually resolved.
PROVIDER to proceed with the Services, unless otherwise 9. Limitation of Liability
provided for in this AGREEMENT. PROVIDER's liability for CITY's damages will, in the aggregate,
2. Salary Costs not exceed$100,000.This Provision takes precedence over any
PROVIDER's and its affiliated companies'Salary Costs,when the conflicting Provision of this AGREEMENT or any document
basis of compensation, are the amount of wages or salaries paid incorporated into it or referenced by it.
PROVIDER employees for work directly performed on the Project In no event shall PROVIDER,its affiliated corporations,officers,
plus a percentage applied to all such wages or salaries to cover employees,or any of its subcontractors be liable for any incidental,
all payroll-related taxes, payments, premiums, and benefits. indirect,special,punitive,economic or consequential damages,
including but not limited to loss of revenue or profits,suffered or
3. Per Diem Rates incurred by CITY or any of its agents, including other contractors
PROVIDER's and its affiliated companies' Per Diem Rates,when engaged at the project site,as a result of this Agreement or
the basis of compensation, are those hourly or daily rates PROVIDER's performance or non-performance of services pursuant
.charged for work performed on the Project by PROVIDER to this Agreement.
employees.These rates are contained in Exhibit"C", Limitations of liability provided herein will apply whether
COMPENSATION and are subject to a 3%annual PROVIDER's liability arises under breach of contract or warranty;
escalation/adjustment. tort, including negligence;strict liability;statutory liability; or any
4. Subcontracts and Direct Expenses other cause of action, and shall include PROVIDER's officers,
When Services are performed on a cost reimbursement basis, a affiliated corporations, employees, and subcontractors.
markup of 0 percent will be applied to subcontracts and 10. Severability and Survival
outside services and a markup of_10 percent will be If any of the provisions contained in this AGREEMENT are held
applied to Direct Expenses. For purposes of this AGREEMENT, illegal, invalid or unenforceable,the other provisions shall remain
Direct Expenses are defined to include those necessary costs in full effect. Limitations of liability shall survive termination of this
and charges incurred for the Project including, but not limited to: AGREEMENT for any cause.
(1)the direct costs of transportation, meals, lodging, shipping, 11. No Third Party Beneficiaries
equipment and supplies; (2)PROVIDER's current standard rate This AGREEMENT gives no rights or benefits to anyone other
charges for direct use of PROVIDER's vehicles, laboratory test than CITY and PROVIDER and has no third party beneficiaries
and analysis, and certain field equipment; and(3)PROVIDER's except as provided in Provision 10.
standard project charges for computing systems, and health and
safety requirements of OSHA. 12. Materials and Samples
All sales, use,value added, business transfer, gross receipts, or Any items, substances, materials, or samples removed from the
other similar taxes will be added to PROVIDER's compensation Project site for testing, analysis, or other evaluation will be
when invoicing CITY. returned to the Project site unless agreed to otherwise. CITY
5. Cost Opinions recognizes and agrees that PROVIDER is acting as a bailee and
at no time assumes title to said items, substances, materials,or
Any cost opinions or Project economic evaluations provided by samples. CITY recognizes that PROVIDER assumes no risk
PROVIDER will be on a basis of experience and judgment, but, and/or liability for a waste or hazardous waste site originated by
since PROVIDER has no control over market conditions or other than PROVIDER.
bidding procedures, PROVIDER cannot warrant that bids, 13. Assignments
ultimate construction cost, or Project economics will not vary from
these opinions. Neither party shall have the power to or will assign any of the
6. Standard of Care duties or rights or any claim arising out of or related to this
AGREEMENT,whether arising in tort, contract or otherwise,
The standard of care applicable to PROVIDER's services will be without the written consent of the other party.Any unauthorized
the degree of skill and diligence normally employed by assignment is void and unenforceable.
professional engineers or consultants performing the same or 14. Integration
similar services at the time PROVIDER's services are performed.
PROVIDER will re-perform any services not meeting this standard This AGREEMENT incorporates all previous communications and
without additional compensation. negotiations and constitutes the entire agreement of the parties.
7. Termination If CITY issues a Purchase Order in conjunction with performance
of the Services,general or standard terms and conditions on the
This AGREEMENT may be terminated for convenience on 30 Purchase Order do not apply to this AGREEMENT.
days written notice or if either party fails substantially to perform 15. Force Majeure
through no fault of the other and does not commence correction
of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
Exhibit "C" - Compensation
Compensation for Tasks 1-4, as enumerated in Exhibit"B",Article 1,Scope of Services,and
in Article 2,Schedule,will be performed on a time and material basis. The work will be
performed at 2.13 salary cost multiplier,plus actual costs for direct expenses multiplied by a
1.1 multiplier.The total estimated cost shall not exceed$99,915.00 without agreement and
authorization by both parties. A breakdown of the estimated level of effort is provided in
Table 1. A list of key Team Member hourly rates is included in Table 2.
TABLE 1
Rockbrook Tributary at Frederick Street Final Design—Budget
Task Price
Task 1 —Project Management $10,148.58
Task 2—Design $86,614.74
Task 3—Grant Administration Support $713.76
Task 4—Permitting $2,437.92
Total $99,915.00
TABLE 2
Rockbrook Tributary at Frederick Street Final Design—Billable Rates
Team Member Hourly Rate(2011)a
Beattie, M. -Accountant $72.24
Bienlien, K.—Senior QC $164.70
Drake, Brian-Project Engineer $103.61
Dunagan, David—Technical Editor $129.88
Health&Safety-Senior Engineer $156.68
Hooper, C.—Design Engineer $156.04
Holtzclaw, Emily-Project Manager $152.37
Johnson, Noah- Staff Engineer $86.74
Miller, Steve-Senior Technologist $147.67
Royak, C.—Senior Survey QC $213.97
Smith, Erika-Cost Estimating $115.75
Woo,J.—Geotech QC $151.19
Wynn, Lori-Administrative Assistant $78.34
a It is assumed that 2012 hourly rates will be escalated by 3 percent from 2011 hourly rates.
OMNEXHIBITC_ROCKBROOKFINALDESIGN_COMPENSATION_REV1.DOCX 1 411326.P2.NB
erein will apply whether
COMPENSATION and are subject to a 3%annual PROVIDER's liability arises under breach of contract or warranty;
escalation/adjustment. tort, including negligence;strict liability;statutory liability; or any
4. Subcontracts and Direct Expenses other cause of action, and shall include PROVIDER's officers,
When Services are performed on a cost reimbursement basis, a affiliated corporations, employees, and subcontractors.
markup of 0 percent will be applied to subcontracts and 10. Severability and Survival
outside services and a markup of_10 percent will be If any of the provisions contained in this AGREEMENT are held
applied to Direct Expenses. For purposes of this AGREEMENT, illegal, invalid or unenforceable,the other provisions shall remain
Direct Expenses are defined to include those necessary costs in full effect. Limitations of liability shall survive termination of this
and charges incurred for the Project including, but not limited to: AGREEMENT for any cause.
(1)the direct costs of transportation, meals, lodging, shipping, 11. No Third Party Beneficiaries
equipment and supplies; (2)PROVIDER's current standard rate This AGREEMENT gives no rights or benefits to anyone other
charges for direct use of PROVIDER's vehicles, laboratory test than CITY and PROVIDER and has no third party beneficiaries
and analysis, and certain field equipment; and(3)PROVIDER's except as provided in Provision 10.
standard project charges for computing systems, and health and
safety requirements of OSHA. 12. Materials and Samples
All sales, use,value added, business transfer, gross receipts, or Any items, substances, materials, or samples removed from the
other similar taxes will be added to PROVIDER's compensation Project site for testing, analysis, or other evaluation will be
when invoicing CITY. returned to the Project site unless agreed to otherwise. CITY
5. Cost Opinions recognizes and agrees that PROVIDER is acting as a bailee and
at no time assumes title to said items, substances, materials,or
Any cost opinions or Project economic evaluations provided by samples. CITY recognizes that PROVIDER assumes no risk
PROVIDER will be on a basis of experience and judgment, but, and/or liability for a waste or hazardous waste site originated by
since PROVIDER has no control over market conditions or other than PROVIDER.
bidding procedures, PROVIDER cannot warrant that bids, 13. Assignments
ultimate construction cost, or Project economics will not vary from
these opinions. Neither party shall have the power to or will assign any of the
6. Standard of Care duties or rights or any claim arising out of or related to this
AGREEMENT,whether arising in tort, contract or otherwise,
The standard of care applicable to PROVIDER's services will be without the written consent of the other party.Any unauthorized
the degree of skill and diligence normally employed by assignment is void and unenforceable.
professional engineers or consultants performing the same or 14. Integration
similar services at the time PROVIDER's services are performed.
PROVIDER will re-perform any services not meeting this standard This AGREEMENT incorporates all previous communications and
without additional compensation. negotiations and constitutes the entire agreement of the parties.
7. Termination If CITY issues a Purchase Order in conjunction with performance
of the Services,general or standard terms and conditions on the
This AGREEMENT may be terminated for convenience on 30 Purchase Order do not apply to this AGREEMENT.
days written notice or if either party fails substantially to perform 15. Force Majeure
through no fault of the other and does not commence correction
of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
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of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
CITY OF OMAHA-UMBRELLA MITIGATION BANKING INSTRUMENT SCOPE OF WORK
starts July 1,2011. In August 2011,the P-MR NRD plans to establish an interlocal agreement with the
City to govern the administration of the grant funds.
Provider will provide documentation for the City to submit periodic reports to the P-MR NRD for the
Urban Drainageway Program grant,as required to receive reimbursement for design and
construction of the PROJECT. Documentation will include invoices for the design of the PROJECT,
information extracted from the Basis of Design report,and information from the construction
drawings.
Task 3 Deliverables
Supporting Urban Drainageway grant documentation will be delivered electronically via email to the
City's Project Manager,who will submit directly to the P-MR NRD.
Task 4: Permitting
Based on an initial meeting with John Snowdon of the USACE about this project as part of a previous
project,it is assumed that the PROJECT will be granted a Section 404 of the Clean Water Act
Nationwide permit.John Snowdon stated at the July 15,2010 meeting that a Nationwide 27 permit
for Aquatic Habitat Restoration,Establishment,and Enhancement Activities will be appropriate for.
the PROJECT. Provider Project Manager will facilitate pre-application meeting(under a previous
contract;Hell Creek at Westwood Lane- Phase 2 Hydrologic and Hydraulic Modeling Study) with a
representative of the Omaha District of the USACE regulatory branch to confirm the previous
permitting conversation's guidance,and discuss permitting related issues for the PROJECT.
Provider will prepare the draft USACE 404 Nationwide 27 permit application for City comment and
incorporate said comments in the final permit application. Provider will submit the completed permit
application to the USACE and will address one round of review comments/questions from the
USACE regarding the permit application,if necessary. Post construction monitoring that may be
required as part of the permit conditions will be the responsibility of the City.
It is assumed that Provider will provide no other permitting support service beyond the USACE 404
Nationwide permit application and the Grading Permit related items listed in Task 2.5. It is assumed
that there is no FEMA related submittal required for this project.
Task 4 Deliverables
Draft and final USACE 404 Nationwide 27 permit applications;one (1) digital(PDF format) and one
(1) hard copy.
ARTICLE 2 - Schedule
The estimated PROJECT schedule is shown in Figure 2 and is based upon a Notice to Proceed from
the City of(November 14,2011). Deliverable deadlines and City review periods are included in the
descriptions of the individual tasks.The overall project schedule is structured to coordinate with the
required USACE meetings and review periods associated with the Stream and Wetland Umbrella
Mitigation Banking Instrument project. This PROJECT schedule may be adjusted depending on the
availability of USACE and IRT members' to attend meetings as a group or review documents.
OMNEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 8
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diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
CITY OF OMAHA-UMBRELLA MITIGATION BANKING INSTRUMENT SCOPE OF WORK
• Typical cross section details,1 sheet
• Channel Longitudinal Profile,3 sheets
• Bank Stabilization and Vegetation Details,4 sheets
• Planting Schedules,1 sheet
• Design Details,2 sheets
• Erosion Control Plan and Details,3 sheets
• Technical specifications and front end documents
• 90 Percent Design construction OPC estimate
• Draft meeting minutes from 90 Percent Design workshop;one (1) digital(PDF format) and
one (1)hard copy.
• Final meeting minutes from 90 Percent Design workshop;one (1) digital (PDF format) and
one (1)hard copy.
• Bid documents including[one (1) digital (PDF format) and six (6) hard copies (11"x17"
drawings and 8.5"x11" specifications);
• Cover Sheet with Location Map and Drawing Index,1 sheet
• General and Construction Notes,2 sheets
• ROW Plan,1 sheet
• Construction Access and Staging Area Plan,1 sheet
• Demolition Plan,1 sheet
• Plan View of Improvements,including proposed tops and toes of slopes (or contours if
needed to show non-uniform grading),2 sheets
• Typical cross section details,1 sheet
• Channel Longitudinal Profile,3 sheets
• Bank Stabilization and Vegetation Details,4 sheets
• Planting Schedules,1 sheet
• Design Details,2 sheets
• Erosion Control Plan and Details,3 sheets
• Technical specifications and front end documents
Task 3: Grant Administration Support
Task 3.1 —P-MR NRD Grant
The PROJECT has been awarded an Urban Drainageway Program grant by the P-MR NRD,
tentatively set at$713,280 to be distributed over a period of three years.The actual amount of the
grant will be determined based on available funds in the P-MR NRD fiscal year 2012 budget,which
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 7
ired as part of the permit conditions will be the responsibility of the City.
It is assumed that Provider will provide no other permitting support service beyond the USACE 404
Nationwide permit application and the Grading Permit related items listed in Task 2.5. It is assumed
that there is no FEMA related submittal required for this project.
Task 4 Deliverables
Draft and final USACE 404 Nationwide 27 permit applications;one (1) digital(PDF format) and one
(1) hard copy.
ARTICLE 2 - Schedule
The estimated PROJECT schedule is shown in Figure 2 and is based upon a Notice to Proceed from
the City of(November 14,2011). Deliverable deadlines and City review periods are included in the
descriptions of the individual tasks.The overall project schedule is structured to coordinate with the
required USACE meetings and review periods associated with the Stream and Wetland Umbrella
Mitigation Banking Instrument project. This PROJECT schedule may be adjusted depending on the
availability of USACE and IRT members' to attend meetings as a group or review documents.
OMNEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 8
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of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
CITY OF OMAHA-UMBRELLA MITIGATION BANKING INSTRUMENT SCOPE OF WORK
2.6 Final Design (Bid Documents)
City will consolidate review comments on 90 Percent documents from City's staff and provide in
written form to Provider. Provider will incorporate responses to City and permitting agency review
comments into Bid Documents. Provider will prepare Bid Documents including construction
drawings,front end documents,and technical specifications. Provider will use Provider's EJCDC
compatible General and Supplemental Conditions,bidding requirements,contract forms,and other
contract specifications. It is assumed that the City will advertise for bid and distribute construction
drawings and specifications to potential bidders.
Services during bidding(pre-bid meeting,addressing requests for information,preparing addenda,
and review of contractor bids for conformance) are not included in this scope of services.
Provider will coordinate with the City to identify general construction management(CM)
recommendations for a stream rehabilitation project,but will not provide service during construction
under this scope of services.
Task 2 Deliverables
• Review comments (electronically via email) on topographic survey,legal descriptions,and
geotechnical submittals.
• Draft meeting minutes from Preliminary Design workshop;one (1) digital (PDF format) and
one (1)hard copy.
• Final meeting minutes from Preliminary Design workshop;one (1) digital (PDF format) and
one (1) hard copy.
• Draft and Final Basis of Design Report;one (1) digital(PDF format) and one (1)hard copy
each.
• Preliminary construction documents including;one (1) digital (PDF format) and six (6) hard
copies of 11"x17" drawings];
• Cover sheet
• Plan view of proposed channel alignment
• Typical cross section details
• Preliminary construction OPC estimate.
• 90 Percent design construction documents including[one (1) digital (PDF format) and six (6)
hard copies (11"x17" drawings and 8.5"x11" specifications);
• Cover Sheet with Location Map and Drawing Index,1 sheet
• General and Construction Notes,2 sheets
• ROW Plan(strip map),1 sheet.Survey and legal information to be provided by the City.
• Construction Access and Staging Area Plan,1 sheet
• Demolition Plan,1 sheet
• Plan View of Improvements,including proposed tops and toes of slopes (or contours if
needed to show non-uniform grading),2 sheets
OMNEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 6
). Deliverable deadlines and City review periods are included in the
descriptions of the individual tasks.The overall project schedule is structured to coordinate with the
required USACE meetings and review periods associated with the Stream and Wetland Umbrella
Mitigation Banking Instrument project. This PROJECT schedule may be adjusted depending on the
availability of USACE and IRT members' to attend meetings as a group or review documents.
OMNEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 8
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diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
CITY OF OMAHA-UMBRELLA MITIGATION BANKING INSTRUMENT SCOPE OF WORK
• Provider will refine the Preliminary Design based on comments from the Preliminary Design
Workshop to prepare 90 percent contract documents for the stream rehabilitation design.
Provider will prepare the proposed channel longitudinal profile,design details,Stormwater
Pollution Prevention Plan(SWPPP) plans and narrative,other construction drawings,
technical specifications,and the construction OPC estimate for the 90 percent design.
It is assumed that Provider's Engineers Joint Contract Documents Committee (EJCDC)
compatible front end specifications (including General and Supplemental Conditions) will be
used. Provider will provide the OPC estimate and bid form with line items compatible with
the City's standard format.
• Provider will facilitate up to a 2-hour 90 percent Design Workshop at the City's office
attended by the City,Provider's Project Manager,Omaha Parks,Recreation and Public
Property Department staff,USACE Regulatory and Readiness Branch permitting
representative,and other stakeholders considered appropriate by the City.The purpose of
this workshop will be for the Provider to provide a review of the 90 percent design documents
and solicit final feedback from the stakeholders with regard to the design.City will
consolidate review comments from City's staff and provide in written form to Provider.
Provider will prepare summary minutes of the workshop documenting key decisions and
action items. Provider will provide draft minutes to City for review and comment prior to
finalizing.
• Provider will provide the construction drawings and technical specifications for City's review
and comment approval prior to finalizing for bid advertisement and distribution. Provider
will incorporate technical specifications into the Provider's standard EJCDC compatible front
end contract documents.City will be responsible for obtaining any temporary or permanent
construction easements.
• Provider will provide the following supporting materials from the Basis of Design report and
construction drawings for City to submit 90 Percent contract documents to appropriate
permitting agencies.
It is assumed that the will be no need to prepare a Floodplain Development Permit because
the project is not in a regulated FEMA floodplain.
The Papillion Creek Watershed Partnership (PCWP) Grading Permit application to be
prepared by the City includes;
• State of Nebraska Department of Environmental Quality-National Pollutant Discharge
Elimination System(NDEQ-NPDES) Form Construction Storm Water Notice of Intent
(CSW-NOI)
• Storm Water Pollution Prevention Plan-Site Map (SWPPP-SM)
• Storm Water Pollution Prevention Plan-Narrative (SWPPP-N)
• Post Construction Stormwater Management Plan
• Letter from the Provider justifying qualifications to perform the duties outlined in PCWP
Grading Permit terms.
• Set of design calculations supporting the proposed SWPPP(extracted from the Basis of
Design report).
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 5
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of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
•
CITY OF OMAHA-UMBRELLA MITIGATION BANKING INSTRUMENT SCOPE OF WORK
2.3 Geotechnical Study
Provider shall develop a detailed scope of work suitable to allow the City to select a geotechnical
Provider (GEOTECH).The scope shall include performing field testing and reporting to characterize
existing soil conditions in general and specifically near the Frederick Street culvert,to support the
final design. Provider will coordinate the activities of the GEOTECH and review geotechnical
investigation report submittal(s).
2.4 Preliminary(30 percent) Design
The Preliminary Design will consist of preparation of a Basis of Design Report and a 30 percent set of
drawings. Provider's work includes a design to rehabilitate and stabilize the Rockbrook Tributary
channel,and will result in a design that,when constructed,will not adversely impact the adjacent
properties. In addition,Provider will evaluate and recommend up to two potential locations for a
water quality improvement BMP demonstration project to be designed under a separate,future
contract and will not be incorporated into the final design of this PROJECT.
Preliminary Design(30 percent)includes the following items:
• Provider will prepare a Basis of Design report outlining the critical components for the project
design. Alternative 5 from the previous Rockbrook Tributary at Frederick Street-Alternatives
Development and Conceptual Design Technical Memorandum(TM) (CH2M HILL,September 30,
2010) will be used as a starting point for the detailed design.Concepts for Alternative 5 will be
refined and additional detail will be added based on the results of the H&H analysis.
• Provider will evaluate and recommend up to two suitable locations for a small,water quality
improvement BMP demonstration project(for example;a bioretention area behind the street
curb, adjacent to a stormwater catch basin),a summary of which will be included in the Basis
of Design Report. Design of this BMP demonstration project is not included in this scope of
services.
• Provider will prepare construction drawings (using MicroStation software and Provider's
CADD drafting standards) including a plan view of the proposed stream centerline and
typical cross sections. Provider will identify preliminary site access,staging areas,and
construction sequencing.
• Provider will provide a 30 percent level construction OPC estimate.
• Provider will facilitate up to a 2-hour Preliminary Design Workshop at the City's office
attended by the City,Provider's Project Manager,Omaha Parks,Recreation and Public
Property Department staff,USACE Regulatory and Readiness Branch permitting
representative,and other stakeholders considered appropriate by the City.The purpose of
this workshop will be for the Provider to present information about the Basis of Design and
an overview of the critical components of the proposed channel rehabilitation,and solicit
feedback from the stakeholders with regard to issues including private and City of Omaha
parks property,construction,maintenance,and permitting. City will consolidate review
comments from City's staff and provide in written form to Provider. Provider will prepare
summary minutes of the workshop documenting key decisions and action items. Provider
will provide draft minutes to City for review and comment prior to finalizing.
2.5 90 Percent Design for Permit Submissions
90 Percent Design includes the following items:
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 4
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of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
•
CITY OF OMAHA-UMBRELLA MITIGATION BANKING INSTRUMENT SCOPE OF WORK
Task 1: Project Management
Provider will develop and implement Project Instructions,a Health and Safety Plan,and a Quality
Control (QC) Plan specific to the PROJECT work. Provider will provide monthly progress reports
and invoices in a format acceptable to the City. QC efforts will be incorporated into the budget of
individual tasks.
Provider will facilitate up to one 2-hour PROJECT kick-off meeting with the City,Omaha Parks,
Recreation,and Public Property Department, Papio-Missouri River Natural Resources District(P-MR
NRD), and USACE representative to discuss the goals of the PROJECT.Two Provider team members
will attend the Kick-off Meeting. Provider will prepare the meeting agenda with input from the City,
will prepare and distribute draft meeting summary for review and comment by the attendees,and
will prepare and distribute final meeting minutes.City will be responsible for coordination with
private property owners in the PROJECT area.
Task 1 Deliverables
One (1) digital(Word format) of Kick-off Meeting agenda,and draft and final meeting summaries of
each meeting.
Monthly invoices and status reports.
Task 2: Design
The Design task consists of Topographic Survey and Legal Descriptions,Hydrologic and Hydraulic
(H&H) Analysis,Preliminary (30 percent) Design,90 Percent Design,and Final Design (Bid
Documents).
2.1 Topographic Survey and Legal Descriptions
Provider shall develop a detailed scope of work suitable to allow the City survey staff(SURVEYOR)
to perform the field work.The scope shall include performing a topographic base survey for the
project reach and preparing legal descriptions for right of way(ROW) and permanent and temporary
construction easements required for the construction of the project.
Provider shall coordinate the work of the SURVEYOR.The City will complete in house,or will
contract with a SURVEYOR to complete the necessary field and paperwork,as well as negotiate and
acquire necessary ROW and/or easements.
2.2 Hydrologic and Hydraulic Modeling
The Rockbrook Tributary currently does not have a Federal Emergency Management Agency
(FEMA) regulated floodplain,and it is assumed that it will not be a regulated floodplain after the
ongoing FEMA remapping of the Big Papillion Creek (of which,Rockbrook Creek is a tributary) is
completed by the P-MRNRD. It is assumed in this scope that hydrologic and hydraulic(H&H)
analyses consistent with the Omaha Regional Stormwater Design manual requirements will be
conducted for the Rockbrook Tributary design. H&H analysis that is conducted will support the
design;to determine the flow rates,shear velocities,and stresses within the channel,and evaluate the
impact of the project design on existing hydraulic conditions (i.e.no-rise to the existing 100-year
water surface elevations). Results of these analyses will be presented in the Basis of Design Report
described in Task 2.4.
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 3
of Omaha
parks property,construction,maintenance,and permitting. City will consolidate review
comments from City's staff and provide in written form to Provider. Provider will prepare
summary minutes of the workshop documenting key decisions and action items. Provider
will provide draft minutes to City for review and comment prior to finalizing.
2.5 90 Percent Design for Permit Submissions
90 Percent Design includes the following items:
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 4
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of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
CITY OF OMAHA-UMBRELLA MITIGATION BANKING INSTRUMENT SCOPE OF WORK
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FIGURE 1
Rockbrook Tributary Rehabilitation at Frederick Street Project Site Map
•
OMNEXHIBITB ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCK 2
Hydraulic Modeling
The Rockbrook Tributary currently does not have a Federal Emergency Management Agency
(FEMA) regulated floodplain,and it is assumed that it will not be a regulated floodplain after the
ongoing FEMA remapping of the Big Papillion Creek (of which,Rockbrook Creek is a tributary) is
completed by the P-MRNRD. It is assumed in this scope that hydrologic and hydraulic(H&H)
analyses consistent with the Omaha Regional Stormwater Design manual requirements will be
conducted for the Rockbrook Tributary design. H&H analysis that is conducted will support the
design;to determine the flow rates,shear velocities,and stresses within the channel,and evaluate the
impact of the project design on existing hydraulic conditions (i.e.no-rise to the existing 100-year
water surface elevations). Results of these analyses will be presented in the Basis of Design Report
described in Task 2.4.
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 3
of Omaha
parks property,construction,maintenance,and permitting. City will consolidate review
comments from City's staff and provide in written form to Provider. Provider will prepare
summary minutes of the workshop documenting key decisions and action items. Provider
will provide draft minutes to City for review and comment prior to finalizing.
2.5 90 Percent Design for Permit Submissions
90 Percent Design includes the following items:
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 4
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of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
•
Exhibit "B"
SCOPE OF SERVICES
Rockbrook Tributary Rehabilitation at Frederick Street
Final Design
Attachment A to the AGREEMENT between CH2M HILL ENGINEERS,INC. (Provider or Contactor)
and the City of Omaha Public Works Department(City) for a PROJECT generally described as the
Rockbrook Tributary at Frederick Street Final Design.
Project Understanding
This PROJECT is a continuation of previous projects called,Hell Creek at Westwood Lane and Rockbrook
Tributary-Phase 1- Study and Hell Creek Phase 2-Hydrologic and Hydraulic Modeling Study. The
PROJECT focuses on a tributary to Rockbrook Creek (referred to as"Rockbrook Tributary" in this
scope)near 115th and Frederick Streets in Omaha,Nebraska.The reach under design is a straight,
concrete-lined channel that passes through a culvert at Frederick Street.The channel is fenced at the
top of bank and the floodplain is confined on both banks by 19 multi-family residential properties.
The PROJECT described in this Scope of Work includes final design,preparation of bid documents,
grant support services,and permitting.
The primary goals of this project are the following;
• Provide sustainable channel stabilization improvements,including removal of concrete lining and
replacement with a stabilized and vegetated waterway with grade control;
• Minimize impacts to residential properties abutting Rockbrook Tributary;
• Coordinate the preparation of legal descriptions for required permanent and temporary
easements and right of ways (ROWs) to be completed by others directly for the City;
• Prepare construction drawings,specifications,and opinion of probable cost(OPCs) estimates for
permitting and construction;and;
• Prepare a Section 404 of the Clean Water Act Nationwide permit application for the US Army
Corps of Engineers(USACE).
ARTICLE 1 - Scope of Services
The Provider shall provide professional services to the City to perform design and permitting
services for the bank and riparian stabilization improvements along approximately 1,100 LF of
Rockbrook Tributary,which flows southwest to northeast from Prairie Lane Park to just upstream of
the Westwood Apartments complex between Westwood Lane and 115th Avenue (Figure 1). It is
understood that Ms.Selma Kessler shall serve as the City's representative throughout PROJECT
execution. Critigen will be a subcontractor on this project for GIS related services. Big Muddy
Workshop will be a small business subcontractor for the best management practice (BMP)
evaluations. Big Muddy Workshops' scope of services is included in Exhibit E.
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 1 411326.P2.NB
,shear velocities,and stresses within the channel,and evaluate the
impact of the project design on existing hydraulic conditions (i.e.no-rise to the existing 100-year
water surface elevations). Results of these analyses will be presented in the Basis of Design Report
described in Task 2.4.
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 3
of Omaha
parks property,construction,maintenance,and permitting. City will consolidate review
comments from City's staff and provide in written form to Provider. Provider will prepare
summary minutes of the workshop documenting key decisions and action items. Provider
will provide draft minutes to City for review and comment prior to finalizing.
2.5 90 Percent Design for Permit Submissions
90 Percent Design includes the following items:
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 4
2
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oes not commence correction
of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
A-2 2/2010
EXHIBIT "A"
SMALL AND/OR EMERGING SMALL BUSINESS
DISCLOSURE PARTICIPATION FORM
THIS FORM MUST BE SUBMITTED WITH THE BID
In the performance of this contract,the contractor proposes and agrees to make good faith efforts to contract
with eligible City of Omaha certified small and/or emerging small businesses. Should the below listed small or
emerging small business subcontractor be determined to be unable to perform successfully or is not performing
satisfactorily, the contractor shall obtain prior approval from the Public Works Department Director or a
designee, for substitution of the below listed subcontractor with a City of Omaha certified small or emerging
small business. By submitting this form. the bidder is certifying that it has afforded subcontractors
participating in the program the opportunity to submit bids on this project.
Type of work and Projected
contract item or commencement
Name of small or parts thereof to be and completion Agreed price with
emerging small Address performed date of work SB/ESB Percentage(%)
business
4502 S. 42nd St Landscape Start October $8,130 8.1%
Big Muddy Omaha, NE 68107 Planning 21, 2011
Workshop End December
31, 2012
$8,130 8.1%
Totals
CERTIFICATION
The undersigned/contractor certifies that he/she has read, understands, and agrees to be bound by small and/or emerging small
business participation contract specifications,and the other terms and conditions of the Invitation for Bids. The undersigned further
certifies that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small
business participation contract specifications and that said statements and representations are true and correct to the best of his/her
knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses(which are
otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the contract specifications at the
price(s) set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The
undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by
the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e. the Contractor)to implement the stated
agreements, intentions, objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such
action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the
Contract for default. The right to so terminate shall be in addition to,and not in lieu of, any other rights or remedies the City of
Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise.
Additionally,the-undersigned/contractor will be subject to the terms of any future contract awards.
Signature �� C1• �--»-�
• Title X S�^��.c �Ec3t ' `dv�c.\� Date of Signing /Q/31
Firm or Corporate Name CH2M HILL Engineers, Inc.
Address 222 So 15th St,Suite 1402-S,Omaha,NE 68102_ Telephone Number_402-342-9765
r to finalizing.
2.5 90 Percent Design for Permit Submissions
90 Percent Design includes the following items:
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 4
2
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Z 0 .- .12 g C4 12 12 12 g 0
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1
oes not commence correction
of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
Utilization of Small and Emerging Small Businesses
It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the
maximum practicable opportunity to participate in City of Omaha projects. Consequently,the
requirements of the Small and Emerging Small Business Program ordinance apply to this
solicitation. For questions on certification, including a listing of what firms are certified under the
Small and Emerging Small Business Program,please see the City of Omaha website at
www.ci.omaha.ne.us or contact the Human Rights and Relations Department at 444-5055.
•
With regard to this solicitation,the City has determined that a sufficient number of companies exist
within the following CERTIFIED GROUP(S):
[D] Tier I Emerging Small Business
[®] Tier II Emerging Small Business
[Q] Tier I Small Business
[D] Tier II Small Business
firm to fulfill
[D] this entire contract
[®] a portion of this contract as defined below:
1. Planting plan for Rockbrook Tributary Rehabilitation project.
2. Evaluate and recommend up to two suitable locations for a small,water quality improvement
BMP demonstration project(for example;a bioretention area behind the street curb, adjacent to a
stormwater catch basin).
*Please note: in order to be considered for this solicitation,your firm must be CERTIFIED in the
above-referenced category PRIOR TO the bid opening date of this solicitation.
Pursuant to Omaha Municipal Code Section 10-203(d),the above-referenced category of bidders
will be given preference in the selection of this bid. Submittals by non-certified bidders or the
failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of
this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit"A"and
submit it with their bid to be considered.
nd correct to the best of his/her
knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses(which are
otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the contract specifications at the
price(s) set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The
undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by
the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e. the Contractor)to implement the stated
agreements, intentions, objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such
action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the
Contract for default. The right to so terminate shall be in addition to,and not in lieu of, any other rights or remedies the City of
Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise.
Additionally,the-undersigned/contractor will be subject to the terms of any future contract awards.
Signature �� C1• �--»-�
• Title X S�^��.c �Ec3t ' `dv�c.\� Date of Signing /Q/31
Firm or Corporate Name CH2M HILL Engineers, Inc.
Address 222 So 15th St,Suite 1402-S,Omaha,NE 68102_ Telephone Number_402-342-9765
r to finalizing.
2.5 90 Percent Design for Permit Submissions
90 Percent Design includes the following items:
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 4
2
-0 FLI 0
. 8 -C- o o. cp 2 a 2
.c as . .
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Q) =
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o c WI .- L. o
E .E. a -E '15 .1..) E E 0 tr, a 0 vr -
- 0. .0 Q> ({)
2 o_ _a
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0 ..--• = 21., ° -c 2 a .- cc .
co 2 o a, C c LU 52) I-
C 0 0 a) cl) rD0) . z ... a -
03 .sR. ..,.e 0
a 0 i•A- 0_ a. a. - E i cr o) < 9,
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(i) .... in. k c i- 2 0 ou •c fr cn C -F4 it 8 a .t0 a .c)
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c7' ul 2 412_, -0 WI ,- E - cv 0
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E Cl• a . . L r° — A, _v 0 ... 0- 6-
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Z 0 .- .12 g C4 12 12 12 g 0
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1
oes not commence correction
of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
EXHIBIT "A"
SUBCONTRACTOR PSA
der's questions and prepare relevant text to be
included in an addendum to be issued by the Prime A/E as required to clarify information or
provide corrections related to the revegetation plantings or seeding.
Deliverable: Text to be included in Prime A/E issued addenda(if necessary)
1.12 BMP Evaluation. The A/E will evaluate potential sites within the watershed of Rockbrook
Tributary where small, water quality improvement demonstration projects could be
implemented. The A/E will provide a written summary documenting their evaluation and
recommending two suitable locations for these BMP improvements.
Deliverable: Written summary of BMP evaluation
3
for project OPW 52008
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, professional engineering services services are required for final
design work for the Rockbrook Tributary at Frederick Street project, located near 115th Street
and Frederick Street; and,
WHEREAS, CH2M Hill Engineers, Inc. was selected by the Architects and
Engineers Selection Process and has agreed to perform the services listed in the attached
agreement, which by this reference is made a part hereof; and,
WHEREAS, CH2M Hill Engineers, Inc. has agreed to perform these services for
a fee not to exceed $99,915.00, which will be paid from the 2006 Environment Fund 13122,
2011 Environment Issue Organization 117216, year 2011 expenditure.
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 final design services for the Rockbrook Tributary at Frederick
Street Project, near 115th Street and Frederick Street, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee not to exceed
$99,915.00 for these professional services from the 2006 Environment Fund 13122, 2011
Environment Issue Organization 117216, year 2011 expenditure.
1315htp APPROVED AS TO FORM:
, ITY ATTORNEY DATE
j1,0772a4-- v.‘
By cilmember
Adopted DEC - 6 011
4457z
c lerk air 8
Aip
Approved .
- Mayor
of a prime contractor to utilize a certified subcontractor in the above-designated portion of
this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit"A"and
submit it with their bid to be considered.
nd correct to the best of his/her
knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses(which are
otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the contract specifications at the
price(s) set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The
undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by
the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e. the Contractor)to implement the stated
agreements, intentions, objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such
action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the
Contract for default. The right to so terminate shall be in addition to,and not in lieu of, any other rights or remedies the City of
Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise.
Additionally,the-undersigned/contractor will be subject to the terms of any future contract awards.
Signature �� C1• �--»-�
• Title X S�^��.c �Ec3t ' `dv�c.\� Date of Signing /Q/31
Firm or Corporate Name CH2M HILL Engineers, Inc.
Address 222 So 15th St,Suite 1402-S,Omaha,NE 68102_ Telephone Number_402-342-9765
r to finalizing.
2.5 90 Percent Design for Permit Submissions
90 Percent Design includes the following items:
OMAIEXHIBITB_ROCKBROOKFINALDESIGN_SCOPESERVICES_REV_6.DOCX 4
2
-0 FLI 0
. 8 -C- o o. cp 2 a 2
.c as . .
0 . ca
•.e-..... >••• ' v>. .5) c ._
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1
oes not commence correction
of such nonperformance within 5 days of written notice and If performance of the Services is affected by causes beyond
diligently complete the correction thereafter. On termination, PROVIDER's reasonable control, project schedule and
PROVIDER will be paid for all authorized work performed up to compensation shall be equitably adjusted.
the termination date plus termination expenses, such as, but not 16. Dispute Resolution
limited to, reassignment of personnel, subcontract termination The parties will use their best efforts to resolve amicably any
costs,and related closeout costs. dispute, including use of alternative dispute resolution options.
8. Payment to PROVIDER 17. Changes
Monthly invoices will be issued by PROVIDER for all Services CITY may make or approve changes within the general Scope of
performed under this AGREEMENT. CITY shall pay each invoice Services in this AGREEMENT. If such changes affect
within 30 days. Interest at a rate of 1-1/2 percent per month will PROVIDER's cost of or time required for performance of the
be charged on all past-due amounts. services, an equitable adjustment will be made through an
In the event of a disputed billing, only that disputed portion will be amendment to this AGREEMENT.
withheld from payment, and the undisputed portion will be paid.
CITY will exercise reasonableness in disputing any bill or portion
FORM 124 1
REVISED: 11/09
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A/E will evaluate potential sites within the watershed of Rockbrook
Tributary where small, water quality improvement demonstration projects could be
implemented. The A/E will provide a written summary documenting their evaluation and
recommending two suitable locations for these BMP improvements.
Deliverable: Written summary of BMP evaluation
3
for project OPW 52008
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