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RES 2009-0252 - Agmt with HDR Engineering Inc for sewer separation project OPW 50986 OMAHA,NF . 4' 'ter R E C E I V E D Public Works Department .:�f� fit" :k ^ Omaha/Douglas Civic Center ® if�,_ ow March 17, 2009 09 MAR -6 PM I: 58 1819 Farnam Street,Suite 601 °)0,, �#' ro r Omaha,Nebraska 68183-0601 °'"e r�� lr i f `F Iv I-► i i (402)444-5220 TFv rEBR" OMAHA, NEERASKA Fax(402)444-5248 City of Omaha Robert G.Stubbe,P.E. Mike Fahey,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Engineering Agreement with HDR Engineering, Inc. for professional engineering services for final design, plans and specifications for a sewer separation project known as OPW 50986 located in the vicinity of 42"a Street and "X" Street. The attached agreement authorizes HDR Engineering, Inc., to proceed with the design services. The exact scope of services is included in Exhibit"A"to the Agreement. HDR Engineering, Inc. has agreed to perform the services detailed in the attached agreement for a fee not to exceed $40,000 including normal reimbursable expenses, which is payable from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918, year 2009 expenditure. HDR Engineering, Inc. has filed the required Annual Contract Compliance Report, Form, CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: 2) 7-a7 (70( obert G. Stubbe, P.E. Date Mayf ce Date ublic Works Director Approved as to Funding: Approved: cs4/2.1. • F3p9 Carol A. Ebdon �A Date Human Rights an Relation Date Finance Director P- Department (j3 1232hxf By - - Councilmember Adopted: MAR...1...7.2009 - 0 --,64- .4 .ed‘ Oty Clerk3nWo A hf\roved... CTINts Mayor .4S S w O°“, .\S' : IN. '�6 ut w r+ m co (n I a q oPs o Lo ,, -At . A (� 3 3 3� 6x ao .• so SO W ("w\ AI97 �yy1 zi ��.�--;J W I3 .. Q �I .° N ••e y, 3 N 1� J .° oi co - ' • "• / - " ) '. J it t `N< . , ` W '� W W 29 / fre _j1 ._ of "n n w o uI N lit' G� 0L i ts P lair 187 187 rn �3 i� i �a -x ►^3 .1 " = �zsl R_ it 41 .. ..? a i 0 ram and Ville De Sante Project are corrected, without changing funding, alloca- tions,beneficiaries or location. il„ A copy of said plan is available for public in- spection in the City Clerk's Office. Public Hearing will be held before the City $U c ' e y presence and sworn to before me this day of Council of the City of Omaha,Legislative Cham- ,2009. bers, Omaha/Douglas Civic Center, 1819 i, Farnam Street,Omaha,Nebraska Buster Brown - 1 City Clerk ALL REQUESTS FOR SIGN LANGUAGE INTERPRET- fill 1 ERS(SIGNERS)WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED,ALL Notary Public REQUESTS WILL REQUIRE A MINIMUM OF 72 ' HOURS ADVANCE NOTICE. PLEASE NOTIFY CINDY FORD THINNES-444- 5553,IF ARRANGEMENTS NEED TO BE MADE . • =421.411MirneDAralITHPrinter's Fee$ ryAffidavit skaan 18, 2012 Paid By --- erk ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS(SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 1 7 day of March, 2009, by and between the City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the "City"), and HDR, Inc. (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION OPW 50986 42"d and X Street Sewer Separation (CSO): Final design, plans, specifications, contract documents,bid issues, and addendum. 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"A"attached hereto. Such services shall be started within 5 calendar days after receipt of a purchase order or notice to proceed from the City. B. Provider designates Chris Koenig,P.E.whose business address and phone number are 8404 Indian Hills Dr., Omaha,NE 68114-4098, (402) 548-5112, 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 30 calendar days of receipt of a purchase order or notice to proceed from the City, the necessary services through bid advertisement. The remaining services shall be completed as necessary in context to the actual bid, award, and construction timing. The City recognizes that completion within this deadline is contingent upon timely response from utilities and City input. F. Provider must have a current Contract Compliance form (CC-1) on file with the City of Omaha Human Rights and Relations Department prior to award of the contract. III. DUTIES OF CITY A. City designates Susan Marino whose phone number is (402) 444-3393 and whose business address is Omaha Public Works Dept., Omaha/Douglas Civic Center, 1819 Farnam St., Omaha NE 68183 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence and proceed with the project and various aspects of it. 1of9 187 187 rn �3 i� i �a -x ►^3 .1 " = �zsl R_ it 41 .. ..? a i 0 ram and Ville De Sante Project are corrected, without changing funding, alloca- tions,beneficiaries or location. il„ A copy of said plan is available for public in- spection in the City Clerk's Office. Public Hearing will be held before the City $U c ' e y presence and sworn to before me this day of Council of the City of Omaha,Legislative Cham- ,2009. bers, Omaha/Douglas Civic Center, 1819 i, Farnam Street,Omaha,Nebraska Buster Brown - 1 City Clerk ALL REQUESTS FOR SIGN LANGUAGE INTERPRET- fill 1 ERS(SIGNERS)WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED,ALL Notary Public REQUESTS WILL REQUIRE A MINIMUM OF 72 ' HOURS ADVANCE NOTICE. PLEASE NOTIFY CINDY FORD THINNES-444- 5553,IF ARRANGEMENTS NEED TO BE MADE . • =421.411MirneDAralITHPrinter's Fee$ ryAffidavit skaan 18, 2012 Paid By --- erk ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS(SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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$40,000,including reimbursable expenses. A breakdown of costs by services is included in Exhibit`B"attached hereto. 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. 2of9 g funding, alloca- tions,beneficiaries or location. il„ A copy of said plan is available for public in- spection in the City Clerk's Office. Public Hearing will be held before the City $U c ' e y presence and sworn to before me this day of Council of the City of Omaha,Legislative Cham- ,2009. bers, Omaha/Douglas Civic Center, 1819 i, Farnam Street,Omaha,Nebraska Buster Brown - 1 City Clerk ALL REQUESTS FOR SIGN LANGUAGE INTERPRET- fill 1 ERS(SIGNERS)WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED,ALL Notary Public REQUESTS WILL REQUIRE A MINIMUM OF 72 ' HOURS ADVANCE NOTICE. PLEASE NOTIFY CINDY FORD THINNES-444- 5553,IF ARRANGEMENTS NEED TO BE MADE . • =421.411MirneDAralITHPrinter's Fee$ ryAffidavit skaan 18, 2012 Paid By --- erk ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS(SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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. of Omaha,Legislative Cham- ,2009. bers, Omaha/Douglas Civic Center, 1819 i, Farnam Street,Omaha,Nebraska Buster Brown - 1 City Clerk ALL REQUESTS FOR SIGN LANGUAGE INTERPRET- fill 1 ERS(SIGNERS)WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED,ALL Notary Public REQUESTS WILL REQUIRE A MINIMUM OF 72 ' HOURS ADVANCE NOTICE. PLEASE NOTIFY CINDY FORD THINNES-444- 5553,IF ARRANGEMENTS NEED TO BE MADE . • =421.411MirneDAralITHPrinter's Fee$ ryAffidavit skaan 18, 2012 Paid By --- erk ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS(SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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. I. Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. J. Equal Employment Opportunity Clause. Annexed and made a part hereof by reference are the equal employment provisions of this contract. All reference to "Contractor" shall mean "Provider". Refusal by the Provider to comply with any portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: (1) Withholding of all future payments under the involved contracts to the Provider in violation until it is determined that the Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. EXECUTED this o day of X4407 , 2009. HDR ENGINEERING,INC. Provider ATTEST Vice President 11//�� ry� (Title) EXECUTED this 1 day of 1 /91W , 2009. ATTEST CITY OMAHA,A Municipal Corporation By City Clerk ACTING Mayor f • APPROVED AS TO FORM: uty City Attorney Revised: 4/18/07 4 of 9 struction 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. of Omaha,Legislative Cham- ,2009. bers, Omaha/Douglas Civic Center, 1819 i, Farnam Street,Omaha,Nebraska Buster Brown - 1 City Clerk ALL REQUESTS FOR SIGN LANGUAGE INTERPRET- fill 1 ERS(SIGNERS)WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED,ALL Notary Public REQUESTS WILL REQUIRE A MINIMUM OF 72 ' HOURS ADVANCE NOTICE. PLEASE NOTIFY CINDY FORD THINNES-444- 5553,IF ARRANGEMENTS NEED TO BE MADE . • =421.411MirneDAralITHPrinter's Fee$ ryAffidavit skaan 18, 2012 Paid By --- erk ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS(SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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 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. 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS EXHIBIT"A" SCOPE OF SERVICES FINAL PLAN COMPLETION 42ND AND X Street Sewer Separation (CSO) OPW 50986 GENERAL Key Understandings: 1. The City has completed the design of the project to approximately 60% design effort. 2. The project involves the construction of a storm sewer collection system with a new outfall to Blood Creek. The storm sewer routing is shown on the plans. Storm sewer connections to the existing sanitary sewer will be plugged. 3. The plans are to be completed in the City of Omaha ACAD format. Electronic files have been provided. 4. The specifications are to be completed in the City of Omaha format. Electronic files have been provided. 5. City will provide plat information for Y Street. 6. Y Street is platted from 44th to 48th Streets. The ROW width is 25 feet west of the railroad tracks and 60 feet east of the tracks. The new outfall sewer is to be located within the platted ROW. 7. Additional survey was collected on the existing sanitary sewer and is to be incorporated into the design. 8. The City is in the process of acquiring temporary easements as shown on Sheet 3. 9. The City has applied for and received a crossing permit from the BNSF. The permit is dormant but can be activated. The storm sewer crossing will not require an encasement. 10. The City has received a Nationwide permit from the Corps of Engineers for the outfall. The provisions of the migratory bird act will be incorporated into special provisions. 11. Delete jack and bore between Manholes 4 and 5. 12. Electronic files have been provided to MUD. The water and gas lines are shown on the plans. 13. The design will be based on the City's hydraulic analysis. 14. Additional soil borings will be procured by City by separate contract. 15. City will verify radius of return for the intersections. 16. A GIS map will be prepared by the City and included in the plans. 17. City will provide updated front end specifications with new DBE/PBE requirements. 18. The CSO cost tool will be used for the opinion of probable construction cost and will provide an estimated unit cost per bid item to the City. 19. City will address neighborhood coordination and meetings. 20. Traffic detouring shall be considered and incorporated into the plans if necessary. 6 of 9 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS } Items of.Work: 1. Define additional temporary easements and provide limits to City. 2. Show Y Street platted street information. 3. Review access easement to outlet. 4. Evaluate the storm sewer outfall into the creek for potential scour. Velocities to be in accord with the Storm Water Design Manual. 5. Verify pipe material requirements for hill jack and bore on Sheets 7 and 8. 6. Immediately inform MUD, Cox, Qwest, OPPD, and other necessary utilities of the project status and potential to be funded using stimulus money. 7. Show existing pipes and utilities in profile. 8. Fill in plan sheets to include missing items such as street names,street material,house addresses, street/curb elevations(as necessary), and construction limits. 9. Complete plan/profile sheets including pipe nomenclature,tables, and quantities. 10. Add jack and bore under BNSF. Verify wall thickness. 11. Adjust locations of Manholes 2 and 3. 12. Show erosion control measures on plan/profile sheets and include in quantities. 13. Revise clearing to show removal of all trees within easements. Adjust quantities accordingly. cinvestigations. v'de for additional geotechnical 14. Pro � locationsg 15. Review proposed sewer location throughout project and adjust as necessary for best constructability,particularly in relation to minimum clearance from water mains. 16. Move proposed storm sewer to the north on Y Street to provide clearance from water main. 17. Field verify inlets on W, X, and Y Streets are removed from sanitary sewer. 18. Add permanent plugging of 18"overflow pipe at 42nd and X Street. 19. Coordinate replacement surfacing on Y Street with Street Maintenance after 90% completion. 20. Check back slope of handicap ramps. Review need for retaining walls. Include handicap ramp detail. 21. Adjust survey data for clarity on curbs. 22. Import additional survey data 23. Perform hydraulic evaluation of system. 24. Include fiber optics information on BNSF ROW. 25. Show street surfacing information and revise removals and quantities accordingly. 26. Develop staging plan. 27. Existing plans modifications: Verify that plan sheet 15 bedding details match most recent City standard plate. Clarify what City wants and revise sheet 17 details as necessary. Update sheets 19&20 to this project. 28. Contact EPA for information on Omaha lead remediation work within project area. Include information in plans and specifications as necessary. • 29. Finalize the bid quantities using City standard bid item list. 30. Prepare opinion of probable construction cost. 31. Revise and finalize plans and specifications. 7of9 he 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS TASK SERIES 100—PLANS AND SPECIFICATIONS Objective: Development of plans and specifications for bidding. HDR Activities 100—Plans and Specifications • 101 Receive drawings, specifications, and files • 102 Field verify inlets,route, and site conditions • 103 Provide additional bore hole locations • 104 Provide additional temporary easement limits • 105 Develop plans and specifications to 90%level • 106 Utility coordination • 107 BNSF coordination • 108 Update quantities and prepare OPC • 109 Submit plans and specifications • 110 Incorporate City review comments and finalize documents 200—Meetings • 201 Attend one meeting to review contract document status and receive project information • 202 Attend one meeting to review the 90% submittal documents TASK SERIES 300—BIDDING SERVICES Objective: Provide documents for bidding. 300—Advertising and Bidding • 301 Provide hard copy of sealed plans and specifications • 302 Provide electronic copy of plans and specifications • 303 Provide final OPC • 304 Answer questions during bid period. Issue clarifications as necessary • 305 Assist with preparation of addenda 8 of 9 t constructability,particularly in relation to minimum clearance from water mains. 16. Move proposed storm sewer to the north on Y Street to provide clearance from water main. 17. Field verify inlets on W, X, and Y Streets are removed from sanitary sewer. 18. Add permanent plugging of 18"overflow pipe at 42nd and X Street. 19. Coordinate replacement surfacing on Y Street with Street Maintenance after 90% completion. 20. Check back slope of handicap ramps. Review need for retaining walls. Include handicap ramp detail. 21. Adjust survey data for clarity on curbs. 22. Import additional survey data 23. Perform hydraulic evaluation of system. 24. Include fiber optics information on BNSF ROW. 25. Show street surfacing information and revise removals and quantities accordingly. 26. Develop staging plan. 27. Existing plans modifications: Verify that plan sheet 15 bedding details match most recent City standard plate. Clarify what City wants and revise sheet 17 details as necessary. Update sheets 19&20 to this project. 28. Contact EPA for information on Omaha lead remediation work within project area. Include information in plans and specifications as necessary. • 29. Finalize the bid quantities using City standard bid item list. 30. Prepare opinion of probable construction cost. 31. Revise and finalize plans and specifications. 7of9 he 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS • • EXHIBIT"B" BREAKDOWN OF COSTS BY SERVICES • 9 of9 g• Z 1 . CD 'S 6._.43 -c5 \ co w ci .ci) 4 ak i No 0 .A CDCD ez o ,'r1 n • `L - r . , v1 rn� k i wing application for a Class "I"Liquor License be granted. CCW, LLC, dba"HuHot Mongolian Grill", 17660 Wright Street, Suite#12. That, the cost of publication of notice of the hearing was $26.00. March 17, 2009 -Resolution No. 245 - Motion to adopt. Carried 7-0. i. By Counci'member Adopted 44411 1 7 2 — 0 „AL 1,y Clerk3//* Approved... = ins Mayor a) F-- t_ 0 0 (J 0 D r w w w w w w N N N .--,_ +--3 I .ry 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 y V, A w N ,--' O N +-' O O \o oo +1 0, H A w N O N m M CAW y"i y. C w 0 " a '- m �° 0 a'0 vz < 5. Q' `,n . u1 c-) 0o n ° o ' er o` o n g n J O F co 0 o 00 v o w o V y N ao ro $ �. a O R 0 �O N 2_ CD �' ^b o N n \ o o P. N N O O A W CH O\ O\ A O, --1 A 0o N O N N N N ap A A o0 1.'[ O F= •M1 �Ny V N 4f1 L9 4, 69 Hi 69 69 6A 69 69 69 69 J 69 69 69 69 n M N N N --' N N-� W J N ..pp ..pp O to - N W r+'t F-+ �1 -1 0o A . 00 N A O A 00 O\ Os W y p to to a0 -4 N 00 N w W CA ,LO C, O' U 0\ 00 N Cr N 00 00 CO- O O A w -p - O A A 000 N 0000 N O 00 A 0 O� w w w w w w w w w w w w w w w w w VI- to VI V1 to lit V1 U VI to to to VI VI to Vt lA CA - . 0069 69 69 N r,.. 69 'p' 0000 00 O\ t 65 EA MA -1 O\ t0 69 f.A EA �A J A W A w J V, D` O r" • C 0\ 00 Soo, 00 co O. 004, 0 N 00 N 00 A a, oo 00 co co S0 O W t0 N t0 W �1 A J P-' CDA tO 00 4 W �1 O w A In O 05 O N O w .1 —1 J In N ON V. -1 N N A -1 A 00 -1 O to t0 d 69 M N (n n U• 69 69 69 69 N 69 67 69 N 69 69 0000 69 69 69 69 W N N N N N A 00 N .7a 69 A,p W E N N n V1 N N A N to th �7 N A �l A A rn A 0o t0 O G 0 0 0 0 0 O O O O O O O O O O O O 00 0 Q O 4y O P a O C p W C . V. y G . 69 O p EA 69 EA 65 N EA 6 ' G 69 (4 69 . 69 69„ N 69 69 w 69 ffl. p 00 00 -i tit +o -.1 O Ui b . w A-oo Vt .. O so soO 00 +- N lA N VI VI co co A w - - �- A W t0 co ,.0 '-- O> >--' N .- Os -1 '0,J oo to tO to tO O , 4 ..a ti TO on cost. 31. Revise and finalize plans and specifications. 7of9 he 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS AMENDMENT NO. 1 • TO THE AGREEMENT FOR ENGINEERING SERVICES FOR OPW 50986 42nd and X STREET SEWER SEPARATION (CSO) The Professional Services Agreement between the City of Omaha, Nebraska(OWNER) and HDR Engineering, Inc. dated March 17, 2009 for professional services to provide final design and bidding services is hereby amended as follows: A detailed description of the scope of work and services to be performed is listed in Exhibit A. In summary, this amendment incorporates additional services for: Final design of the sewer separation in the intersection of Sunshine Drive and Drexel Street and in the intersection of Sunshine Drive and Monroe Street. The work involves disconnecting storm sewer inlets from the sanitary sewer system and connecting them to the adjacent storm sewer system. The work will be included as part of the OPW 50986 bid documents. Compensation for the service in the Amendment shall be on an hourly basis as outlined in Section IV of the March f7 2009 agreement. The estimated man-hours for this additional work are shown in Exhibit B. The maximum amount for the services covered by this amendment shall not exceed $4,470.00 without prior written authorization by the City of Omaha. This amendment does not change any of the provisions of the original contract. In accordance with the provisions of the March 17, 2009 Agreement, this Amendment is executed on Marcfi q , 2009. �jrb1 "OWNER" "ENGINEER" CITY OF OMAHA,NEBRASKA HDR ENGINEERING, INC. Omaha/Douglas Civic Center 8404 Indian Hills Drive 1819 Farnam St., Suite 601 Omaha,NE 68114 Omaha, NE 68183 c4taar_. -7)/Cadff)-4.,&C Mayor ATTEST: APPROVED AS TO FORM: /11 C ty Clerk 7puty City Attorney /; N to th �7 N A �l A A rn A 0o t0 O G 0 0 0 0 0 O O O O O O O O O O O O 00 0 Q O 4y O P a O C p W C . V. y G . 69 O p EA 69 EA 65 N EA 6 ' G 69 (4 69 . 69 69„ N 69 69 w 69 ffl. p 00 00 -i tit +o -.1 O Ui b . w A-oo Vt .. O so soO 00 +- N lA N VI VI co co A w - - �- A W t0 co ,.0 '-- O> >--' N .- Os -1 '0,J oo to tO to tO O , 4 ..a ti TO on cost. 31. Revise and finalize plans and specifications. 7of9 he 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS • EXHIBIT"A" SCOPE OF SERVICES AMENDMENT NO. 1 OPW 50986 42ND AND X Street Sewer Separation (CSO) I. GENERAL Key Understandings: 1. The City will provide for the survey of the additional intersections. 2. The two inlets on the west leg of the Sunshine Drive and Monroe Street intersection will be disconnected from the sanitary sewer manhole and connected to the existing 18-inch storm sewer immediately east of the sanitary sewer manhole. 3. The one inlet on the southwest corner of the Sunshine Drive and Drexel Street intersection will be disconnected from the sanitary sewer manhole and connected to the existing 15-inch storm sewer immediately east of the sanitary sewer manhole. 4. The work for the two intersections will be incorporated into the bidding documents for the 42nd and X Street project. TASK SERIES 100—PLANS AND SPECIFICATIONS Objective: 'Development of plans and specifications for bidding. HDR Activities 100—Plans and Specifications • 101 Attend a scoping meeting with City of Omaha Sewer Maintenance personnel and perform site visit • 102 Import survey data • 103 Prepare a plan sheet of the proposed improvements • 104 Design of the inlet reconnections • 105 One review submittal • 106 Utility coordination • 107 Update quantities and prepare OPC • • 108 Incorporate City review comments and finalize documents CITY OF OMAHA,NEBRASKA HDR ENGINEERING, INC. Omaha/Douglas Civic Center 8404 Indian Hills Drive 1819 Farnam St., Suite 601 Omaha,NE 68114 Omaha, NE 68183 c4taar_. -7)/Cadff)-4.,&C Mayor ATTEST: APPROVED AS TO FORM: /11 C ty Clerk 7puty City Attorney /; N to th �7 N A �l A A rn A 0o t0 O G 0 0 0 0 0 O O O O O O O O O O O O 00 0 Q O 4y O P a O C p W C . V. y G . 69 O p EA 69 EA 65 N EA 6 ' G 69 (4 69 . 69 69„ N 69 69 w 69 ffl. p 00 00 -i tit +o -.1 O Ui b . w A-oo Vt .. O so soO 00 +- N lA N VI VI co co A w - - �- A W t0 co ,.0 '-- O> >--' N .- Os -1 '0,J oo to tO to tO O , 4 ..a ti TO on cost. 31. Revise and finalize plans and specifications. 7of9 he 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS ON N 00 en U \O M oo c ,..0 [O r O [� 00 O\ oo • 69 69 ,� ry 69 69 O 69 69 69 O F 69 el O = O o O 69 u O co 0 0 0 0 0 0 0 0 O\ 00 0 00 r N r 40) O \O ' 4 L-+ O\ M M l� 0:, co) •-, l� Vl .-+ 69 69 69 69 69 6 O9 69 ei •" 01 69 A • d• kn .4 N --, (-AO M o0 N N N M Vs- '• .0 N 00 V' �--- U N O\ O\ en et N ON N 00 N CO N 00 a — r N ,:t 69 .--4 69 N 69 69 .--� 69EAN cd 69 69 N O eh H kn kn kn kn v) kn Li-) kn .-. — r, 11 I .--1 .-•1 M M M M M M e+l Cr; L r, N O 00 00 .-- 00 VD 7 'fl 4 _M O\ .--,VZ) in 00 4 00 \O 00 et a 69 --- 69 69 69 M ,.+ 69 69 69 . i U E9 6> iw A an 1. O O 69 U C U td cti 'O N 4�. bA Q U -4-+ •—It, +J -o a.)Q. o VD o , o°o crw W0 - , i oW a o o, u. k+ H d 14 P, Q P: J P, •--, N M N \O N oo Q O O O O O O O O I- - 0 O I- C) mments and finalize documents CITY OF OMAHA,NEBRASKA HDR ENGINEERING, INC. Omaha/Douglas Civic Center 8404 Indian Hills Drive 1819 Farnam St., Suite 601 Omaha,NE 68114 Omaha, NE 68183 c4taar_. -7)/Cadff)-4.,&C Mayor ATTEST: APPROVED AS TO FORM: /11 C ty Clerk 7puty City Attorney /; N to th �7 N A �l A A rn A 0o t0 O G 0 0 0 0 0 O O O O O O O O O O O O 00 0 Q O 4y O P a O C p W C . V. y G . 69 O p EA 69 EA 65 N EA 6 ' G 69 (4 69 . 69 69„ N 69 69 w 69 ffl. p 00 00 -i tit +o -.1 O Ui b . w A-oo Vt .. O so soO 00 +- N lA N VI VI co co A w - - �- A W t0 co ,.0 '-- O> >--' N .- Os -1 '0,J oo to tO to tO O , 4 ..a ti TO on cost. 31. Revise and finalize plans and specifications. 7of9 he 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS AMENDMENT NO. 3 TO T u t-AGREEMENT FOR EI4GINEERuNG SERVICES FOR O r�W 50986 42nd and X STREET SEWER SEPARATION (CSO) The Professional Services Agreement between the City of Omaha,Nebraska(OWNER) and HDR Engineering,Inc, (ENGINEER)dated March 17,2009 for professional services to provide final-design and bidding services is hereby amended as follows: In summary,this amendment incorporates additional design services for work not included in the original project scope or in the scope for Amendment Nos. 1 and 2. A detailed description of the scope of work and services to be performed is listed in Exhibit A. Compensation for the services in the Amendment shall be on an hourly basis as outlined in Section IV of the March 17,2009 agreement. The estimated man-hours for this additional work are shown in Exhibit B. The maximum amount for the services covered by this amendment shall not exceed$12,600 without prior written authorization by the City of Omaha. This amendment does not change any of the provisions of the original contract. In accordance with the provisions of the March 17, 2009 Agreement, this Amendment is executed onMF T- 9 ,2010. "OWNER" "ENGINEER" CITY OF OMAHA,NEBRASKA HDR ENGINEERING,INC. Omaha/Douglas Civic Center 8404 Indian Hills Drive 1819 Farnam St., Suite 601 Omaha,NE 68114 Omaha,NE 68183 ayor ATTEST: APPROVED AS TO FORM: 7:&(714, C. lerk Deputy City Attorney . GINEERING, INC. Omaha/Douglas Civic Center 8404 Indian Hills Drive 1819 Farnam St., Suite 601 Omaha,NE 68114 Omaha, NE 68183 c4taar_. -7)/Cadff)-4.,&C Mayor ATTEST: APPROVED AS TO FORM: /11 C ty Clerk 7puty City Attorney /; N to th �7 N A �l A A rn A 0o t0 O G 0 0 0 0 0 O O O O O O O O O O O O 00 0 Q O 4y O P a O C p W C . V. y G . 69 O p EA 69 EA 65 N EA 6 ' G 69 (4 69 . 69 69„ N 69 69 w 69 ffl. p 00 00 -i tit +o -.1 O Ui b . w A-oo Vt .. O so soO 00 +- N lA N VI VI co co A w - - �- A W t0 co ,.0 '-- O> >--' N .- Os -1 '0,J oo to tO to tO O , 4 ..a ti TO on cost. 31. Revise and finalize plans and specifications. 7of9 he 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS EXHIBIT"A" SCOPE OF SERVICES AMENDMENT NO. 3 OPW 50986 42ND AND X Street Sewer Separation(CSO) ADDITIONAL ITEMS OF WORK 1. Pipe Realignment. Revise the proposed storm sewer alignment on 42nd Street from W Street to Y Street and on Y Street from 42nd Street to 42nd Avenue to accommodate the proposed 42nd Street Widening. Sheets 11 — 15. 2. Revise the inlet locations at the intersection of 42nd and Y Street. 3. Revise the ROW Strip Map (Sheet 5) to show a permanent easement. 4. Revise manhole sizes and adjust elevations, Sheet 7. 5. Provide a summary of the quantity changes • 6. Attend preconstruction meeting. 7. Perform shop drawing review. 8. Attend public meeting prior to construction. 9. Answer questions during construction. Two site visits are included. 10. Answer questions regarding the hydraulic analysis performed on the private bridge. TASK SERIES 100—PLAN REVISIONS Objective: Revise the plans to move the proposed storm sewer along 42nd Street from W Street to Y Street to the west and along Y Street to the north from 42nd Street to 42nd Avenue. Relocate the inlets at the intersection of 42nd and Y Streets. Adjust the manhole sizes on the west of the project HDR Activities 100—Revise Plans 101 Adjust alignment on 42nd Street including connecting pipes 102 Adjust alignment on Y Street including connecting pipes 103 Relocate inlets including connecting pipes 104 Adjust manhole sizes and elevations 105 Prepare summary of quantity changes 106 Prepare limits of proposed permanent easement and description 107 Submit to City for review and attend one review meeting 108 Incorporate City review comments and finalize plans Page 1 of 2 7puty City Attorney /; N to th �7 N A �l A A rn A 0o t0 O G 0 0 0 0 0 O O O O O O O O O O O O 00 0 Q O 4y O P a O C p W C . V. y G . 69 O p EA 69 EA 65 N EA 6 ' G 69 (4 69 . 69 69„ N 69 69 w 69 ffl. p 00 00 -i tit +o -.1 O Ui b . w A-oo Vt .. O so soO 00 +- N lA N VI VI co co A w - - �- A W t0 co ,.0 '-- O> >--' N .- Os -1 '0,J oo to tO to tO O , 4 ..a ti TO on cost. 31. Revise and finalize plans and specifications. 7of9 he 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS TASK SERIES 200—CONSTRUCTION PHASE SERVICES Objective: Provide construction phase services as requested. HDR Activities 200—Construction Phase Services 201 Attend preconstruction conference 202 Perform shop drawing review 203 Attend public hearing 204 Answer questions during construction 205 Make a maximum of two site visits 206 Answer questions regarding the hydraulic analysis performed on the private bridge City of Omaha Activities: • Provide meeting notices and meeting locations Key Understandings: • The new alignment for 42nd Street will be provided electronically in ACAD format Page2of2 n No. 245 - Motion to adopt. Carried 7-0. i. By Counci'member Adopted 44411 1 7 2 — 0 „AL 1,y Clerk3//* Approved... = ins Mayor a) F-- t_ 0 0 (J fn oo un O VD O N O M O T .-- `0 CO v1 t� h N v1 0o t` 7 N O 00 O M O N v) l- 00 M t` v1 M N- N CD N N ,.,. 69 69 69 69 69 69 69 69 ,_ 69 O A 69 69 69 69 69 VD ' O Fr be 69 en . b z W 7 O qq CDzCo be E COD O 0 0 0 0 0 O O O O O CD CDE.,..,E.,.., a`�. o V b O 61 N D\ ,r N 00 00 b N 00 HI W w p .--. Ok lr 00 N v1 N- '0 '0 '[F T 01 N O OR O U 00 N en N N M VD N N M v) �n H E. 69 69 69 69 69 69 69 69 69 69 69 69 69 69 U) M 1 N W x M y Nr 69 y N Q _ L A vl N 00 N N N v) Vt N O X - v1 N 1D vt O M M 00 O O O VD .-. 00 r .-; en V '7 to N 01 Di V en 10 5 W R n 7 N M O N V 0 v1 00 VD en 01 W N O N v1 00 M v) M b O VD N 'Z7 i"� N ... .--� 69 69 69 69 69 69 69 69 ^.--� 69 0 V' 1.ry. II 69 69 69 69 69 N O w v1 vl U1 vl v1 V1 V1 vt v1 v1 61 v1 v1 Vn O M M M M en M M M en en en M M M t U 66, O VD N M ' N- N V M 0 7 '0 VD O U) O O t� t� \D M '0 V M ,--- 00 00 0o N O r- L -- N D. oo M D'. en V N o0 00 00 O N 0 N en co VD N VD O N 10 -- b N N 7 .o t- M M N N N N M M N 00 u 69 69 69 69 69 69 69 69 69 69 69 69 69 69 t+9 by u V A Ir O 0 O 0 = N 00 O^ v) VD t- N b M 7 4 oo vD V a VD N e7 .ti O 69 .. y O o o F. o C. .. N D _ c G . ❑ v a, w O q�q W > 3be 00 N �.C tjj „ .� C 0' d w E 'OP. d A to W D 0. O •C oo U qq JO N r) zccv) 4 n c .' c)..E.4 ? 3 ' " U F . �e w4 a o a g a . .c W 0 wE� a ¢ < 1:4.2 'aUw o000 <CC iii = J p" N en cF Vt '0 N- 00 V N M <1. vl VD Q . O O O O O O O O O O O O O O I.- CD O N N N N N N O CD CD M- • A-oo Vt .. O so soO 00 +- N lA N VI VI co co A w - - �- A W t0 co ,.0 '-- O> >--' N .- Os -1 '0,J oo to tO to tO O , 4 ..a ti TO on cost. 31. Revise and finalize plans and specifications. 7of9 he 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: • WHEREAS, professional engineering services are needed for final design, plans and specifications for a sewer separation project known as OPW 50986 located in the vicinity of 42nd• Street and"X" Street; and, WHEREAS, HDR Engineering, Inc. has agreed to perform the services listed in the attached agreement, which by this reference is made a part hereof, for a fee not to exceed $40,000 including normal reimbursable expenses which will be paid from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918, year 2009 expenditure; and, WHEREAS, the Public Works Department does not have sufficient staff to undertake this project at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Engineering Services Agreement with HDR Engineering, Inc, for professional engineering services to develop final design, plans and specifications for a sewer separation project known as OPW 50986 located in the vicinity of 42°a Street and"X" Street, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay $40,000 for these professional engineering services from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918, year 2009 expenditure. 123 lhxf APPROVED AS TO FORM: CITY ATTORNEY DATE By. Aauttig��.-',� Councilmember Adopted M 'R 1 7 2009 7- O 'ty Clerl /1* Approved. CTI Mayor 69 .. y O o o F. o C. .. N D _ c G . ❑ v a, w O q�q W > 3be 00 N �.C tjj „ .� C 0' d w E 'OP. d A to W D 0. O •C oo U qq JO N r) zccv) 4 n c .' c)..E.4 ? 3 ' " U F . �e w4 a o a g a . .c W 0 wE� a ¢ < 1:4.2 'aUw o000 <CC iii = J p" N en cF Vt '0 N- 00 V N M <1. vl VD Q . O O O O O O O O O O O O O O I.- CD O N N N N N N O CD CD M- • A-oo Vt .. O so soO 00 +- N lA N VI VI co co A w - - �- A W t0 co ,.0 '-- O> >--' N .- Os -1 '0,J oo to tO to tO O , 4 ..a ti TO on cost. 31. Revise and finalize plans and specifications. 7of9 he 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. 5 of 9 ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A &emweeune na 79 HD11RS ADVANCE NOTICE. aid Power of Attorney has not been revoked and is now in full force and effect. ,,,IG�II,,,,"4 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company sL,�' this 25th day of February 20 09 =wa CORPORATE Ei SEAL Secretary BOND00140706 e BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155or as shown on bid. 1 /'J ( (PLEASE PRINT LEGIBLY OR TYPE) w Payment Terms tT % SV NKV_ Firm: Z I1.-\CO S i,u,r p\y Co. • • Incorporated In: T A Delivery(or completion) Name: i ('j.--i 14 ZIAd trSCl'A • Signature: ' k z%� 7),() • calendar days following award Title: AtAvyk . - �Phon+e::71� 15A t t o Fax/ VS :��i� -1.1 O C O'+ ./VV Address: 3313 r 11 r L\3r64I\ Ur CiVt CI¶ k\i f,. i4 Sl1 Street/P.O.Box City State Zip Z Email Address: 1 re'N cp C") cx.b1 EUr\k. .I\ t,y ials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection, presence,handling,removal, abatement,or disposal of any asbestos,fungi,bacteria,mold,hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS w n ciL ; : u „ _V3C FA l�-� O aCi O O O O SD C 0-1 O O p o ' iii 0O cn p- -. co C� V ~ 1-+ a N N (�' O O N x 1 o 0 0 En `G `C UQ /b 0 m of two site visits 206 Answer questions regarding the hydraulic analysis performed on the private bridge City of Omaha Activities: • Provide meeting notices and meeting locations Key Understandings: • The new alignment for 42nd Street will be provided electronically in ACAD format Page2of2 n No. 245 - Motion to adopt. Carried 7-0. i. By Counci'member Adopted 44411 1 7 2 — 0 „AL 1,y Clerk3//* Approved... = ins Mayor a) F-- t_ 0 0 (J