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RES 2010-1414 - Agmt with Felsburg Holt & Ullevig to maintain document regulatory compliance CLO I ' F„HA. NF Public Works De aitment �� �,� ' i ?: 4 C"` Omaha/Doio s Gvic Center 4" 4 1819 Famam Street,Suite 601 f,®./' ti �! � December 7 2010 V 1 �? Omaha,Nebraska 68183-0601 o r' • 1t. (402)444 5220 �Oo tea~ �p; CI 4' _ Fax(402)444-5248 1. 4TFD FEINO • Op, a• • City of Omaha • ' `44 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 Felsburg Holt & Ullevig to provide professional regulatory consulting services for the development of electronic tools to track and maintain regulatory compliance with the permits involved in the Combined Sewer Overflow (CSO) Long Term Control Program (LTCP). The scope of services is included in the Agreement, but will include web-based tracking tools for ensuring compliance with the various types of permits involved in the CSO LTCP. Felsburg Holt & Ullevig has agreed to perform the services detailed in the attached Agreement for a fee not o exceed $49,998.00, which is payable from the Sewer Revenue Fund 21121, Combined Sewer Overflow Implementation Organization 116918. Felsburg Holt & Ullevig has filed the required Annual Contract Compliance Report, Form, CC- 1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: ��-y % 17MO BertN� G. tubbe, .E. Date Mayo s 0 face Date Public Works Director Approved as to Funding: Approved: //- J 11/l 5 1 a Pani Spaccarotella Date uman Rights and Relations Date - Finance Director Department 1060htp . 1 X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ • AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC S IATU- OTH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIvE 91WJCPN7 4 6 2 02/09/10 02/09/11 E.L.EACH ACCIDENT $100000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $100000 If es,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500000 OTHER PROPERTY 2900 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha as Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYOMI DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City Of Omaha UT TA NEE. AUTHHORIZE Public Works Department AUTHORIZED EPRESENTATNE 1819 Farnam Street pmaha NE 68102 / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 19 day of October, 2010, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and Felsburg Holt & Ullevig (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION City of Omaha CSO Environmental Regulatory Tracking FHU will assist the the City of Omaha to develop a method for overseeing CSO projects to ensure all regulatory environmental commitments are delivered when construction is underway and once completed. The project will utilize the platform created by the City of Omaha and the Papillion Creek Watershed Partnership for review and tracking of Post Construction Stormwater Management Plans(PCSMP), Grading Permits, and Public Improvement Permits. 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 180 day period after receipt of a purchase order from the City. B. Provider designates Jesse Poore whose business address and phone number are 11422 Miracle Hills Drive, Suite 115, Omaha, NE 68154 and 402-445-4405 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 180 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 Nina Cudahy whose business address and phone number are 5600 S 10th St Omaha, NE 68107 and 402-444-3915 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. under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500000 OTHER PROPERTY 2900 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha as Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYOMI DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City Of Omaha UT TA NEE. AUTHHORIZE Public Works Department AUTHORIZED EPRESENTATNE 1819 Farnam Street pmaha NE 68102 / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 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 $49,998. 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. VIII. 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. I r SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500000 OTHER PROPERTY 2900 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha as Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYOMI DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City Of Omaha UT TA NEE. AUTHHORIZE Public Works Department AUTHORIZED EPRESENTATNE 1819 Farnam Street pmaha NE 68102 / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 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 km wledge 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. NSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City Of Omaha UT TA NEE. AUTHHORIZE Public Works Department AUTHORIZED EPRESENTATNE 1819 Farnam Street pmaha NE 68102 / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 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. / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 II 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 has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor shall furnish to the 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. 1 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. 1 I ed 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. / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 EXECUTED this 19th day of October , 2010 . e/SIT 14-' t(74 Provider By g ATTEST A1161Y(11 (Title) EXECUTED this qvi` day of �C' %P , a.dld . ;TES • CITY OF HA, unicipal Corporation ty e1c - — ACTIN ayor 'ems. APPROVED AS TO FORM: l D eputy City Attorney Revised: 2/2010 'j 8 5 o !a'� - p o CD CD CD ' CCDD CD a 0 � ��* r k< t t . CD UQ ant v' CD CD j 1 I I I ! I' 1' r 4 d ; .', tC ,- -' t } 4 neral Manager �g Approved.... ... . ... !:`..;``�C Mayor 1 - EXHIBIT "A" Utilization of Small and Emerging Small Businesses It is!the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. Consequently, the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification, including a listing of what firms are certified under the Small and Emerging Small Business Program, please see the City of Omaha website at www.ci.omaha.ne.us or contact the Human Rights and Relations Department at 444-5055. With regard to this solicitation, the City has determined that a sufficient number of companies exist within the following CERTIFIED GROUP(S): [ ] Tier I Emerging Small Business [ ] Tier II Emerging Small Business [ ] Tier I Small Business [ ] Tier II Small Business film to fulfill [ ] this entire contract [ ] a portion of this contract as defined below: *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. 1 omes 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. 1 I ed 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. / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 • • 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 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 Title Date of Signing / /g /o Firm or Corporate Name dd ' r='l� ^ /i741�:-/(‘- Address / Z 2 s Telephone Number ( d 2/ c-ti '( s ( ( (le- rs- apter 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. / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 • • EXHIBIT "B" SCOPE OF SERVICES • • • • • • • �C' %P , a.dld . ;TES • CITY OF HA, unicipal Corporation ty e1c - — ACTIN ayor 'ems. APPROVED AS TO FORM: l D eputy City Attorney Revised: 2/2010 'j 8 5 o !a'� - p o CD CD CD ' CCDD CD a 0 � ��* r k< t t . CD UQ ant v' CD CD j 1 I I I ! I' 1' r 4 d ; .', tC ,- -' t } 4 neral Manager �g Approved.... ... . ... !:`..;``�C Mayor 1 - P4FELSBURG ' (tHOLT & ULLEV I G ;engineering paths to :transportation solutions October 19, 2010 Ms. Nina Cudahy Environmental Quality Control Division City of Omaha 5600 S. 10th Street Omaha, NE 68107 RE: City of Omaha CSO Environmental Regulatory Tracking Proposal Dear Ms. Cudahy; Thank you for the opportunity to submit this proposal to provide environmental regulatory consulting services for the City of Omaha. This letter proposal summarizes our understanding of the scope of services and project schedule, and includes standard billing rates for staff who may be working to assist with this project. According to the Tasks proposed in this scope, FHU will integrate Combined Sewer Overflow (CSO) projects into the Permix Plan review process using a semi-custom application for web-based data sharing and regulatory requirement tracking. Background The City of Omaha has recently begun coordinating with FHU and Threepoints Consulting, Inc to develop "Permix" which is a web-based tool for reviewing and tracking of a mixture of unique, yet interdependent regulatory permits issued by the City. The permits include public improvement permits, grading permits, and post-construction stormwater permits. The success of the Permix development project and the identified needs for overseeing compliance with environmental commitments associated with CSO projects has led to the identification of this project. The City seeks to create a project inspection and tracking process and to provide enhanced features to the current Permix plan review process. This contract will accomplish both objectives. Task 1: Scopinq Scoping will be used to coordinate team members,agree on the project schedule, and settle on the minimum system functions and reporting formats that will be provided by this project. The semi- custom software development process provides many opportunities to enhance and tailor functions as the platform is being developed. The scoping meeting will be important to ensure the City and consultant team agree to the final product deliverable for this project. Every effort will be made to enhance the product in ways that provide user functionality and ease of system interaction as the system is developed. FHU will ensure that the minimum required functions are delivered to the City at the end of the project. Following the kickoff and steering committee meetings, FHU and ThreePoints Consulting will provide the City with a bulleted list of items that will be accomplished in order of priority to the client and users. The list will be arranged according to items that will be done under this contract and items that can be done if time and budget allows. The list may also include items that can not be 11422 Miracle Hills Drive,Suite 115 Omaha,NE 68154 tel 402.445.4405 fax 402.445.4394 WWW.fhueng.com info@fhueng.com to the terms of any future contract awards. Signature Title Date of Signing / /g /o Firm or Corporate Name dd ' r='l� ^ /i741�:-/(‘- Address / Z 2 s Telephone Number ( d 2/ c-ti '( s ( ( (le- rs- apter 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. / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 October 19, 2010 Ms.'Nina Cudahy Page 2 • done under this contract, but may be desirable at a later time. The City will review and approve the final priority list and delivery schedule before the development team begins their work. Task 2: Development This task will build upon the existing modular framework of Permix and the inspection module PIRT (Project Inspection, Reporting and Tracking). An initial list of tools that are anticipated for development of the CSO Module includes: 1. Adding the ability to manipulate project-specific inspection questions that are not universal to all projects in the system so that individual project permit requirements can be overseen. 2. Incorporate adjustments to the Post-Construction and Public Improvement Plan submittal and review processes for CSO projects. 3. Construct a communication pIan between the Project Management Te am, project inspectors, and construction managers from within Permix. 4. Develop capability to quickly generate reports for the PMT for individual projects and the CSO program in general. 5. Enhance the Permix Administrative Panel interface to allow for adjusting CSO project specific information. 6. Enable links to permit requirements as references to corrective actions. 7. Integrate CSO project information within and between companion modules for Public Improvements, Grading, and Post-Construction. 8. Migrate list of CSO projects into the system with available fields to populate project-specific permit information into. Task 3: Enhancements The enhancement task provides FHU, the City and the end users an opportunity to improve upon the basic functional tools. The platform provides virtually unlimited ways to improve the texture, navigation, user prompts, and other features. FHU and ThreePoints Consulting will generate a list of enhancements that have been identified during the project and will order them with regard to priority to the client. Within the scope of Task 3, the consultant team may provide many enhancements to the beta version within the project scope and budget. Project Management FHU considers the quality of information provided to the client to be just as important as the information itself. All deliverables will follow our internal quality assurance process of review prior to being provided to the City of Omaha to ensure quality control of information. FHU will be readily available for phone calls, web meetings and email correspondence throughout the project as directed. Invoices will be provided to the City on a monthly basis with detailed progress report listing out information about each activity in the billing. Work Hours and Fee Estimate We propose to conduct these services on a "time and materials" basis. Under such an agreement, we are compensated on an hourly basis for all labor and other direct costs are reimbursed at a rate of 1.1 times actual cost. The following are our standard hourly billing rates for the personnel expected to be involved in this project: Principal I $180.00/Hour Senior Designer $110.00/Hour Environmental Scientist III $105.00/Hour Environmental Scientist II $ 90.00/Hour 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. / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 October 19, 2010 Ms. Nina Cudahy Page 3 At these standard hourly rates, we have estimated that the City of Omaha 2010 CSO Environmental Commitment Assistance project could be completed for a maximum budget of $49,998. The following Workhour and Fee Estimate explain the breakdown of hours and costs anticipated for each task. Threepoints Consulting will provide subconsultant services to FHU at a billing rate of$100 per hour. This budgeted amount would be established as a "not to exceed" limit beyond which no charges could be made without approval from the City. Additional services requested beyond the scope of this proposal would be at your direction and billed at the above rates. 2010 Omaha CSO Environmental Commitment Assistance Proposal Workhour and Fee Estimate Task 1 Scoping Prin SD ES III ES I Total Scoping Meeting 0 4 8 0 12 Work Order Priorities 0 0 8 0 8 Task 1 Total $0 $440 $1,680 $0 $2,120 Task 2 Development Prin SD ES III ES I Total Product Input 0 4 32 8 44 Product Testing 0 4 16 6 26 Review Meeting (1) 0 4 8 12 Task 2 Total $0 $1,320 $5,880 $1,260 $8,460 Task 3 Enhancement Prin SD ES 111 ES / Total Product Input p 0 8 28 8 44 Product Testing 0 8 16 8 32 Task 3 Total $0 $1,760 $4,620 $1,440 $7,820 Project Management Prin SD ES Ill ES I Total Project Management 1 0 9 0 10 Project Management Total $180 $0 $945 $0 $1,125 Project Hours 1 32 125 30 188 Rates $180 $110 $105 $90 Project Fee $180 $3,520 $13,125 $2,700 $19,525 Printing $30 Mileage 800 $0.50 $400 Direct Expense Mark-up (10%) $43 Subconsultant Costs $30,000 Total Project Fee $49,998 nsultant team may provide many enhancements to the beta version within the project scope and budget. Project Management FHU considers the quality of information provided to the client to be just as important as the information itself. All deliverables will follow our internal quality assurance process of review prior to being provided to the City of Omaha to ensure quality control of information. FHU will be readily available for phone calls, web meetings and email correspondence throughout the project as directed. Invoices will be provided to the City on a monthly basis with detailed progress report listing out information about each activity in the billing. Work Hours and Fee Estimate We propose to conduct these services on a "time and materials" basis. Under such an agreement, we are compensated on an hourly basis for all labor and other direct costs are reimbursed at a rate of 1.1 times actual cost. The following are our standard hourly billing rates for the personnel expected to be involved in this project: Principal I $180.00/Hour Senior Designer $110.00/Hour Environmental Scientist III $105.00/Hour Environmental Scientist II $ 90.00/Hour 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. / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 October 19, 2010 Ms.1<lina Cudahy Page 4 �k. Prol't Schedule We propose to begin this project immediately upon receiving notice to proceed from the City. FHU anticipates completing the Task 1 within two weeks of the notice to proceed,' All work described in k. this.s cope will be completed at a schedule:identified during the project kick-off meeting. We a rpp opportunity provide yp. If you have any questionsu p ease emeha call, with technical assistance in this important matter. Sincerely, FELSBURG HOLT & ULLEVIG Jesse W. Poore, CFM Environmental Scientist 41044,141e_, zy4 Kyle A. Anderson, PE, PTOE Principal I I I ! I' 1' r 4 d ; .', tC ,- -' t } 4 neral Manager �g Approved.... ... . ... !:`..;``�C Mayor 1 - EXHIBIT"C" II BREAKDOWN OF COSTS �k! i 1 trr it it ly upon receiving notice to proceed from the City. FHU anticipates completing the Task 1 within two weeks of the notice to proceed,' All work described in k. this.s cope will be completed at a schedule:identified during the project kick-off meeting. We a rpp opportunity provide yp. If you have any questionsu p ease emeha call, with technical assistance in this important matter. Sincerely, FELSBURG HOLT & ULLEVIG Jesse W. Poore, CFM Environmental Scientist 41044,141e_, zy4 Kyle A. Anderson, PE, PTOE Principal I I I ! I' 1' r 4 d ; .', tC ,- -' t } 4 neral Manager �g Approved.... ... . ... !:`..;``�C Mayor 1 - • FELSBURG qHoLT & ULLEV I G 2010 Omaha CSO Environmental Regulatory Tracking Proposal Workhour and Fee Estimate Task I Scoping Prin SD ES Ill ES I Total Scoping Meeting 0 4 8 0 12 Work Order Priorities 0 0 8 0 8 Task 1 Total $0 $440 $1,680 $0 $2,120 Task 2 Development Prin SD ES Ill ES I Total Product Input 0 4 32 8 44 Product Testing .0 4 16 6 26 Review Meeting (1) 0 4 8 12 Task 2 Total $0 $1,320 $5,880 $1,260 $8,460 Task 3 Enhancement Prin SD ES Ill ES I Total Product Input 0 8 28 8 44 Product Testing 0 8 16 8 32 Task 3 Total $0 $1,760 $4,620 $1,440 $7,820 Project Management Prin SD ES Ill ES I Total Project Management 1 0 9 0 10 Project Management Total $180 $0 $945 $0 $1,125 Project Hours 1 32 125 30 188 Rates $180 $110 $105 $90 Project Fee $180 $3,520 $13,125 $2,700 $19,525 Printing $30 Mileage 800 $0.50 $400 Direct Expense Mark-up (10%) $43 Subconsultant Costs $30,000 • Total Project Fee $49,998 Product Input p 0 8 28 8 44 Product Testing 0 8 16 8 32 Task 3 Total $0 $1,760 $4,620 $1,440 $7,820 Project Management Prin SD ES Ill ES I Total Project Management 1 0 9 0 10 Project Management Total $180 $0 $945 $0 $1,125 Project Hours 1 32 125 30 188 Rates $180 $110 $105 $90 Project Fee $180 $3,520 $13,125 $2,700 $19,525 Printing $30 Mileage 800 $0.50 $400 Direct Expense Mark-up (10%) $43 Subconsultant Costs $30,000 Total Project Fee $49,998 nsultant team may provide many enhancements to the beta version within the project scope and budget. Project Management FHU considers the quality of information provided to the client to be just as important as the information itself. All deliverables will follow our internal quality assurance process of review prior to being provided to the City of Omaha to ensure quality control of information. FHU will be readily available for phone calls, web meetings and email correspondence throughout the project as directed. Invoices will be provided to the City on a monthly basis with detailed progress report listing out information about each activity in the billing. Work Hours and Fee Estimate We propose to conduct these services on a "time and materials" basis. Under such an agreement, we are compensated on an hourly basis for all labor and other direct costs are reimbursed at a rate of 1.1 times actual cost. The following are our standard hourly billing rates for the personnel expected to be involved in this project: Principal I $180.00/Hour Senior Designer $110.00/Hour Environmental Scientist III $105.00/Hour Environmental Scientist II $ 90.00/Hour 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. / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 C-25A . CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City has a requirement to maintain regulatory compliance with all environmental programs when initiating Combined Sewer Overflow Long Term Control Projects; and, WHEREAS, additional professional services are needed to develop the tools and framework to maintain and document regulatory compliance; and, WHEREAS, Feltsburg Holt & Ullevig has been selected in accord with the Architect's and Engineer's Review and Selection Committee to perform these services, the specifics of winch are detailed in the Agreement,which by this reference is made a part hereof; and, WHEREAS, Feltsburg Holt & Ullevig will perform the services listed in the Agreement for a fee not to exceed $49,998.00, to be paid from Sewer Revenue Fund 21124, Combined Sewer Overflow Implementation Organization 116918. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Agreement with Feltsburg Holt &Ullevig to provide professional services to develop the tools and framework to maintain and document regulatory compliance, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay $49,998.00 from the Sewer Revenue Fund 21124, Combined Sewer Overflow Implementation Organization 116918. 1959htp APPROVED AS TO FORM: ,g----- / --./:0 CITY ATTORNEY DATE By „ _,' ',. Councilmember Adopted.E 0 7 01 , _6 "o A42 .-•-'' - - C /a/q/ Appro e r %.. .ff . . . i Y _ ;�Cr Mayor 1 Printing $30 Mileage 800 $0.50 $400 Direct Expense Mark-up (10%) $43 Subconsultant Costs $30,000 Total Project Fee $49,998 nsultant team may provide many enhancements to the beta version within the project scope and budget. Project Management FHU considers the quality of information provided to the client to be just as important as the information itself. All deliverables will follow our internal quality assurance process of review prior to being provided to the City of Omaha to ensure quality control of information. FHU will be readily available for phone calls, web meetings and email correspondence throughout the project as directed. Invoices will be provided to the City on a monthly basis with detailed progress report listing out information about each activity in the billing. Work Hours and Fee Estimate We propose to conduct these services on a "time and materials" basis. Under such an agreement, we are compensated on an hourly basis for all labor and other direct costs are reimbursed at a rate of 1.1 times actual cost. The following are our standard hourly billing rates for the personnel expected to be involved in this project: Principal I $180.00/Hour Senior Designer $110.00/Hour Environmental Scientist III $105.00/Hour Environmental Scientist II $ 90.00/Hour 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. / 47,4,C4 `-. ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Apz A-. _A.zt nr- O nm m m ‘ I Z'OEKA41177 �i "":—or,", C2 u^ = yn Z fn = 1' = Zy OWS>rl NCB om9,it � V A Y A - ZO IS I CZa�ONDn m� Fm 2-Zi ZZ 2 D M °' ' nm fon n v I O OA al' 'g �\ v m a,9, .," Z\NO �D y S o 0 0^ 99 o iz \ 'ARM A94 yA u o oog� H z o N3 m fa- iz- Q1_ omgoz o�^o _ �N m �- m o N� ��g 0' =mom eA = N N m o 0 o a'^�g_NTP img o Am ply OAOZOO SOn ��D \�' m � - o _ Ao s o m 46 �Ken3g`n `F"nf; NZ ��oai}�1 �czia o P S m A. �" z /n 4. GENERAL NOTARY-Sta'.,of N a aze),,,,,,- yl ` ,- m°o�a Q ji BONNIE L ,• CHA (�1 /� $ � 3 �m y o f ..F N 0 g o I My Comm.Exp.Oct.25,2011 ;f-( )I o a g. g= N D m T dam:. S ' igio C(-0 Ent Fo ;oA I 4 2 PEARSON'S FIRST ADDITION el < m CI sg o* 71 LOT 1 cc ,,, . ru $ EXHIBIT A .a LOT 1 0 O O O O U) CD U) 01 U) 0 $ U) U) Mto W a ZO O c) OtN, OaozOEOU) 0 70HOHMUsrEd' cr d' rO r >+ r3 W r >+ W O N z W H co • co U) a a a a Cr) H r1 PI N ol M W d• H U) O t0 1 r 44 O 0) o O c ri ri r1 I3 N log W M ra W .4, (C Ul (Y l0 'z, r - El CO = >+ U o PI o pq o EA o v) o U o k o 44 o H o H m H rl PC ri g4 d' H o ff to H H En H H H W O O O 0 O O 0 O o 0 o O O O O O O 0 0 H V) O O O O O O o O O O O O 0 O O O O 0 07zi I') o fro� � r ,fir . C A+ O 5 O �d ° a.acCD cr a p co � 8 O c� 1-• � � � � � 1p ® N n O Cr O .� P. VD i rJ O ,t) • 9 0 '-t a 0 O cD • • • • • • • Mt , , •( • • e, CFM Environmental Scientist 41044,141e_, zy4 Kyle A. Anderson, PE, PTOE Principal I I I ! I' 1' r 4 d ; .', tC ,- -' t } 4 neral Manager �g Approved.... ... . ... !:`..;``�C Mayor 1 -