RES 2004-1400 - Agmt with HDR Engineering Inc to evaluate hydraulics of combined sewer system in Saddle Creek drainage basinPoi
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BAN Omaha,Nebraska 68183 0601
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City of Omaha Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Engineering Agreement with HDR
Engineering, Inc. to provide professional services for the evaluation of the hydrology and
hydraulics of the combined sewer system in the Saddle Creek drainage basin.
The attached agreement authorizes HDR Engineering, Inc., to provide professional engineering
services for the project. The exact scope of services is included in Exhibit "A" Phase I, of the
Agreement.
HDR Engineering, Inc. has agreed to perform the services detailed in the attached agreement for
a fee of $49,500.00, which is payable from the year 2004 Sewer Separation Organization
116912, Sanitary Sewer Improvement Fund 21124.
HDR Engineering, Inc. has filed the'required Annual Contract Compliance Report, Form, CC-1,
in the Human 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:
/6—22, 431"tom` /D-2-e-a�
°arm Jackman, P.E. Date ayor's Office Date
Acting Public Works Director
Approved as to Funding: Approved:
*=/%4-f-L - ,i4.6K "Ve
f- Carol A. Ebdon . 0 Date Gail Kinsey T ompsoK Date
Finance Director P Human Relations Director
P:\PW\11360pjm.doc
PROI±SSIONAL SERVICES AGREEME/NT
�
THIS AGREEMENT is hereby made and entered into this 7 day of October by and between
the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to
as the "City"), and HDR Engineering, Inc. (hereinafter referred to as the "Provider"), on the terms,
conditions and provisions as set forth herein below.
1. PROJECT 1 V AjVJE AND DESI_.R T J.IIJ V
Saddle Creek Sewer Evaluation ("Project") is contemplated as a multi-phase project. This
Agreement will cover only the first phase (Phase I) of work, which involves the inventory and
assessment of the adequacy of pertinent data concerning the hydrology and hydraulics of the
combined sewer system within the Saddle Creek Watershed during selected extreme storm
events; receiving stream data of the Little Papillion Creek in regards to "backwater" conditions
that may have existed for each storm; corresponding precipitation data; citizen complaint and
sewer system O&M records that the City may have within the Watershed; attending coordination
meetings with the City and designated stakeholders and limited field work to gain insights on
flooding problems and establish high-water marks to the extend practical; purchase of
InfoWorksTM 1,000-node software; subsequent initial set up of the InfoWorksTM model with the
network of sewer pipes of 18-inch and larger or as necessary to complete the connectivity of the
piping system, including an adequate representation of the storm inlets within the limits of the
software; and the preparation of a technical memorandum, which summarizes the adequacy of
the data gathered, the status and capabilities of the modeling set-up,and recommended next steps
in the sewer system evaluation process.
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.
B. Provider designates Lyle R. Christensen, P.E. whose business address and phone number are
HDR Engineering, Inc., 8404 Indian Hills Drive, Omaha, NE 68114-4049, (402) 399-1329
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 labor rates for all
compensated providers, employees, and subcontractors.
E. Provider agrees to complete, within 100 calendar days of receipt of a notice to proceed from
the City, the necessary services, unless otherwise authorized by the City. The City
recognizes that completion within this deadline is contingent upon timely response from
utilities and City input.
Engineering Agreement City of Omaha
Saddle Creek Sewer Evaluation Page 1
III. DUTIES OF CITY
A. City designates Kirk Pfeffer, P.E., whose business address and phone number are City of
Omaha, Public Works Department, 1819 Farnam Street, Omaha, NE 68183; (402) 444-4911
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.
IV. COMPENSATION AND PAYMENT
A. Compensation for Provider's services under this Agreement shall be on the basis of per diem
plus reimbursable expenses. Estimated fees in the total amount of $49,500, as detailed in
Exhibit A, shall not be exceeded without written authorization by the City.
Unless otherwise stated in this Agreement, the rates of compensation for Provider's services
have been agreed to in anticipation of the orderly and continuous progress of the project
through completion. If any specified times for the completion of Provider's services are
exceeded through no fault of the Provider, the time for performance of those services shall be
automatically extended for a period which may be reasonably required for their completion
and all rates,measures and amounts of Provider's compensation shall be equitably adjusted.
Compensation terms are defined as follows:
Per Diem shall mean an hourly rate equal to Payroll Cost times an Overhead Multiplier of
two and twenty five hundredths (2.25) to be paid as total compensation for each hour an
employee works on the project,plus Reimbursable Expense.
Payroll Cost shall mean salaries and wages, (basic and overtime) paid to all personnel
engaged directly on the Project, plus the cost of customary and statutory benefits including,
but not limited to, social security contributions, unemployment, excise and payroll taxes,
worker's compensation, health and retirement benefits, sick leave, and vacation and holiday
pay applicable thereto. For this Agreement, the Payroll Cost is equal to Direct Labor Costs
multiplied by a factor of one and forty hundredths (1.40).
Overhead Multiplier shall mean a factor by which the Payroll Cost is multiplied to
compensate for general and administrative overhead. When the basis of compensation is Per
Diem the Overhead Multiplier includes profit.
Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel
engaged directly on the Project.
B. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in
connection with the Project for transportation travel, subconsultants, subcontractors,
computer usage ("technology charge" computed at $4.10 per employee hour), telephone,
telex, shipping and express, and other incurred expense. Provider will add ten percent(10%)
to invoices received by Provider from subconsultants and subcontractors to cover
supervision,administrative, and insurance expenses.
Engineering Agreement City of Omaha
Saddle Creek Sewer Evaluation Page 2
The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that
may be imposed on this Agreement shall be added to the Provider's compensation as
Reimbursable Expenses.
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
All plans and specifications provided pursuant to the terms of this Agreement, including, but not
limited to,reproducible mylars, shall be and become the property of the City.
No additional compensation shall be due the Provider from the City for such plans. However, if
the plans are re-utilized on projects other than those noted above, by the City, the City agrees to
first contact the Provider to contract with the Provider for any required adaptations, contingent
upon the negotiation of a fee for this service acceptable to both the City and the Provider.
InfoWorksTM 1,000 node modeling software used for this Project shall be purchased by the
Provider on behalf of the City for use by the Provider during the course of the Project. The
reimbursable cost of the software shall be allocated commensurate with the progression of work
and phasing contemplated for the Project. It is hereby agreed that one-third of said software
purchase cost shall apply as a reimbursable expense to the initial phase of work covered under
this Agreement, with the balance of cost covered under subsequent work phases. In the event
that the City elects to terminate the project within or after the initial phase of work described
herein, then the balance of software cost borne by the Provider shall be invoiced to and paid by
the City as a lump sum at the time of Project termination. The modeling software shall be
transferred to the City in total, and the Provider shall furnish copies of the modeling source files
and outputs to the City upon completion or termination of the Project, subject to receipt of
payments due and payable. At the same time, said software shall be completely removed from
the Provider's computer system in keeping with software licensing requirements.
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.
Engineering Agreement City of Omaha
Saddle Creek Sewer Evaluation Page 3
•
•
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.
VIII. INDEMNIFICATION
(1) To the fullest extent permitted by law, the Provider shall indemnify and hold harmless the
City, its agents and employees, their successors and assigns, individually and collectively,
from and against all claims, suits, damages, fines, losses and expenses, including but not
limited to attorneys' fees, arising out of or resulting from the provision of services under this
Agreement, provide that such claim, suit, damage, fine, loss or expense is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
including loss of use resulting therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Provider, anyone directly or indirectly employed by it, or
anyone for whose acts it may be liable,regardless of whether or not such claim, suit, damage,
fine, loss or expense is caused in part by a party indemnified hereunder such obligation shall
not be construed to negate, abridge, or reduce other rights or obligations of indemnity which
would otherwise exist as to a party or person described in this paragraph.
Any reuse of the plans or specifications to this Project by the City on another project,
without the consent of the Provider, will be the sole responsibility of the City, for which this
indemnity shall not apply.
(2) In claims against any person or entity indemnified under this paragraph by an employee of
the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be
liable, the indemnification obligation under this paragraph shall not be limited by a limitation
on amount or type of damages, compensation or benefits payable by or for the Provider under
workers' or workmen's compensation acts, disability benefit acts or other employee benefit
acts.
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, sex, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha
Municipal Code section 13-89,political or religious opinions,affiliations or national origin.
B. Captions. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
Engineering Agreement City of Omaha
Saddle Creek Sewer Evaluation Page 4
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. Other than the fees provided for herein, the Provider covenants that
provider 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. Mereer. 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.
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. Neither party may not assign its rights under this Agreement or claims arising
therefrom without the express prior written consent of the other party.
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 hereto as Exhibit "C" and made a part
hereof by reference are the equal employment provisions of this contract. All reference in
Exhibit "C" 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.
Engineering Agreement City of Omaha
Saddle Creek Sewer Evaluation Page 5
ii V
EXECUTED this/ day of October, 2004 .
HDR ENGINEERING, I�i IC..
Provider
By �f��► /�.
A 1 1 ES 1 �- - Timothy Y� ^R o kett,P.E.
Senior Vice President
EXECUTED this , day of lie,g Jef , 2004.
CITY OF OMAHA,A Municipal Corporation
B y 1'1. .I
A TEST Mayor's Office/Title
APPROVEL)AS TO FORM:_,.
City Attorney
Engineering Agreement City of Omaha
Saddle Creek Sewer Evaluation Page 6
•
Exhibit A 04 0 . ��
Saddle Creek Sewer Evaluation '4�
for City of Omaha
- Omaha, NE ( ,_
ENGINEERING PROPOSALf �
't1r17> nRLR
BACKGROUND AND BASIS OF PROPOSAL
The purpose of this effort is to evaluate the Saddle Creek Watershed sewer system for the City of Omaha
(City) and determine short and long term improvements to mitigate flood damage. The scope of services
is a phased approach to evaluate the existing sewer system, identify problem areas,and recommend
solutions to alleviate flooding and sewer backups.
The Project has been segmented into three(3)phases as described below. This Agreement covers Phase
I only .
• Phase I—Data Collection,Stakeholder Meetings and Sewer Model Setup. This initial phase of
the work will be to assemble/review all past studies and collect information to define the current
conditions. Meetings with designated stakeholders will be completed to obtain information related to
flooding conditions and high water marks: The InfoWorksTM model will be procured and setup with
the current set of information that will be collected from the Watershed and from the concurrent
CH2M Hill, Inc. modeling effort.
• Phase II—Systems Capacity Modeling and Alternative Evaluation. This phase will define the
stormwater system capacity. The model will be used to assess potential bottlenecks,restrictions and
other system weaknesses what would contribute to flooding and backup conditions. Short term
improvements will be identified that potentially could be designed and constructed within a year.
The model will then be used to identify candidate alternatives to establish long term improvements
that would include but not be limited to,pipe upsizing, detention, pumping, and storage.
• Phase III— Funding Approaches. This phase would provide a detailed monetary and non-
monetary analysis of the alternatives identified within Phase II that would determine the most cost
effective and acceptable approach to mitigate public and private property damage.
This scope of services details the tasks necessary to conduct Phase I work activities. The scope of work
for Phase II will be developed prior to completion of Phase I work activities.
SCOPE OF SERVICES—PHASE I—DATA COLLECTION AND SEWER ASSESSMENT
Phase I begins with identifying the variables or factors that are significant to the problems within the
Saddle Creek Watershed, also known as LP-6 by City records. This activity will be designed to provide a
catalog and description of the resources and issues of the Saddle Creek Watershed. The HDP.Team
proposes to provide the following professional services:
Saddle Creek Sewer Evaluation
Exhibit A-Proposal for Phase I Professional Services
Page 1
•
The scope of work is segmented into five (5)task series:
Task Series 100—Project Management
Task Series 200—Data Collection and Assessment
Task Series 300—Public Involvement
Task Series 400—Hydrologic/Hydraulic Modeling Setup
Task Series 500—Phase I Technical Memorandum
TASK SERIES 100- PROJECT MANAGEMENT
Task Objectives: Confirm that Project elements are being completed.
HDR Activities: Task 110 Project Management. Includes Project scheduling, administration
and overall coordination of activities for the Project. Internal HDR Project
Team meetings will be conducted to discuss tasks,provide Project updates, and
review deliverables. Prepare monthly invoice and progress report.
Task 120 Coordination Meetings. Several coordination meetings will be made
with the City. An agenda will be prepared prior to the meeting and meeting
minutes prepared after the meeting. A kick-off meeting with City personnel will
be held to discuss the objectives and Project approach. Subsequent meetings
will be held with City personnel to review and discuss Project progress. Assume
monthly coordination meetings.
Task Deliverables: Monthly invoices and progress memorandum
Meeting agenda and minutes
Key Understandings: The meetings will be held at the offices of the City, unless notified elsewhere.
QC/QA activities are included within each respective task series.
TASK SERIES 200-DATA COLLECTION AND ASSESSMENT
Task Objectives: To collect and evaluate pertinent general Project background information.
HDR Activities: Task 210 Data Collection and Evaluation. Data will be collected from
various entities within the Saddle Creek Watershed.
Subtask 210.1 Data Collection. Items to be collected,but not limited to,
include:
• InfoWorksTM initial model source files from CH2M Hill, Inc. -to be
acquired and furnished by the City in electronic format.
• Comparable HYDRATM modeling source files from past modeling efforts
within the Saddle Creek Watershed—to be acquired by HDR.
• As-built drawings (or at least original design drawings)for separated sewer
system projects since 1990-furnished by the City.
• Drawings of the Saddle Creek outlet box near 64th and Dupont or other
information that depicts or explains the Papillion Creek Interceptor Sewer
Saddle Creek Sewer Evaluation h:d 3
Exhibit A-Proposal for Phase I Professional Services
Page 2
bypass system in order to determine net flows discharged to Little Papillion
Creek—furnished by the City.
• Hourly precipitation data in electronic format for key storm events: August
7, 1999; May 24,.2004; May 26, 2004; and July 22, 2004—to be acquired.by
HDR from the National Weather Service in Valley, NE and to be
supplemented by City furnished records,if available, for any new rainfall
gauging stations that may have been recently installed under City
sponsorship.
• Current ALERT stream flow rating curves and hourly stream level records
for pertinent gauging stations within Little Papillion Creek necessary to
establish time-dependent"backwater effects"to the Saddle Creek sewer
system that may have occurred during each of the above described storm
events—to be acquired by HDR.
• Existing Saddle Creek sewer system mapping in electronic format on a GIS
platform,including aerial coverage and surface elevation contours—
furnished by the City.
• Citizen complaint records by address, date, and time to the extent available
in hardcopy or electronic (preferred)format for each of the above described
storm events—furnished by the City.
• Pertinent operation&maintenance (O&M)records, including sewer system
cleaning experiences, internal TV inspection records,repairs, etc. involving
known "trouble spots"—summarized and furnished by City in hardcopy or
electronic (preferred) format.
• Previously surveyed or otherwise known high water mark information at
various points along the Saddle Creek corridor for the above described
storms—furnished by the City and/or stakeholders.
• Video footage and photos that may exist from the City,citizens,
stakeholders, or local TV stations during active flooding events that can be
used to estimate high water marks. This will be from a combination of
sources; HDR will acquire any available information from the TV stations.
• Existing hydrologic and hydraulic models—to be acquired by the party that •
can most easily obtain the information.
• Previous reports:
o April 1995 Sewer System Hydraulic Modeling Report prepared by HDR
Engineering, Inc. (1995 Report)—acquired by HDR.
o October 1998 Sewage&Drainage study prepared by Kirkham Michael
and Associates,Inc. —acquired and furnished by the City.
o June 1982 Saddle Creek Study prepared by HDR Engineering, Inc.—
acquired by HDR.
• Estimated flood damage costs that have been incurred during the above
storms—acquired and furnished by the City in any available format.
Subtask 210.2 Data Assessment. Compile and review the data collected.
Define data gaps and measures to obtain necessary data.. Prepare an overlay
type base map or series of maps that summarize all known "trouble spots"and
the high water mark information for the above described storm events. Based
on such high water mark information, identify cross sections and flood-prone
Saddle Creek Sewer Evaluation , ER
Exhibit A-Proposal for Phase I Professional Services
Page 3
•
structures to be surveyed, and create a map showing the apparent extent of
flooding from the above described storm events.
Task 220 Field Reconnaissance. Conduct a field reconnaissance of the basin
to confirm hydrologic/hydraulic parameters and basic information(i.e.
representative inlet types, locations, and estimated capacities). All photos will be
in electronic format, and these and other observations will be cataloged for later
use in reporting. Existing GIS and quarter-section map information is to be used
to the extent practical.
Task 230 Field Survey. Field survey representative and well documented high
water marks from the above described storm events and first floor elevations for
selected flood-prone structures following the stakeholder meeting described in
Task 300 below. Field survey several typical roadway cross sections at selected
areas in order to provide representative overland flow geometry.
Task Deliverables: Marked-up maps and bulleted summaries of information collected; sufficient for
informal progress meeting discussions.
Key Understandings: City data to be furnished as designated above will be provided at no Project cost.
Field survey work is limited to two-day effort for a subcontracted survey team,not
to exceed$2,000 in Project cost.
TASK SERIES 300 PUBLIC INVOLVEMENT
Task Objectives: To collect flooding information and to create awareness of the Project.
HDR Activities: Task 310 Stakeholder Meeting. Assist in conducting and attend an initial
stakeholder meeting to introduce the Project and collect flooding information for
the above described storm events. In addition, a survey type questionnaire will
be developed to obtain information for previously undocumented flooding
problems and observations. HDR will meet with the City to discuss the format
and content of the stakeholder meeting. HDR will prepare presentation materials
for the stakeholder meeting,including a PowerPointTM presentation, a hardcopy
map of the basin for mark-ups during the meeting, and sufficient copies of the
questionnaire.
Task Deliverables: Meeting minutes in electronic format, and, if desired by the City, provide
meeting summary materials in suitable format for posting out on the City's
website.
Key Understandings: City responsible for sending meeting invitations to designated stakeholders and
for arranging the location and logistics for the stakeholder meeting.
City responsible for publishing and maintaining web pages on City's website.
Stakeholders meeting will be attended by 2 HDR professionals.
Saddle Creek Sewer Evaluation
Exhibit A-Proposal for Phase I Professional Services
Page 4
TASK SERIES 400 - HYDROLOGIC/HYDRAULIC MODELING SETUP
The effort accomplished in this task for Phase I will involve the procurement of the InfoWorksTM ()
1,000-node software package from Wallingford Software on behalf of the City; installing the same; and
incorporating the electronic source file information collected from CH2M Hill by the City in Task 200.
Using other data collected in Task 200, the model will be extended to include 18"pipe lines; or, if this
detail of data is not provided, then by best professional judgment provide the necessary connectivity and
system to setupan initial model that will subsequently serve the basic intended purposes
y representation q----� Y P �
of this project. Information regarding inlet types and locations that were collected in Task 200 will be
entered into the model. A model run will be completed with a selected storm event to demonstrate that
the model is running properly.
Task Objectives: To obtain model, load in current City model, and other best available data.
HDR Activities: Task 410 Hydrologic/Hydraulic Model Setup. This task will involve
purchasing and setting up the InfoWorksTM model and entering the current
modeled system and the data collected in Task 200. RDR will order the
InfoWorksTM model from Wallingford Software on behalf of the City and install
the same on the HDR computer system. The model will be licensed in the City's
name. The modeling software shall be transferred to the City in total, and the
Provider shall furnish copies of the modeling source files and outputs to the City
upon completion or termination of the Project, subject to receipt of payments due
and payable. At the same time, said software shall be completely removed from
HDR's computer system in keeping with software licensing requirements.
The City will provide the portion of the modeled system under Task 200 above
that lies within Saddle Creek Watershed that was recently completed by CH2M
Hill, and HDR will incorporate the same into the model to be further developed
under this Project.
HDR will update sewer network to reflect current conditions. It is noted that
only 18" (or that diameter consistent with existing modeling information)pipes
and greater will be entered into the model. Evaluate and if necessary delineate
new storm watersheds to incorporate the pipe lines out to 18"diameter.
HDR will evaluate the inlet capacity study conducted in 1995 Report and
supplement with representative data as necessary that was collected in Task 200.
Based on this information,HDR will make recommendations on how to
incorporate inlet capacities into the model. Recommendations will also be made
as to the best method to model surface flooding and routing.
A model run will be completed with a selected storm event to demonstrate the
model is operational and running properly.
Task Deliverables: Provide a bulleted summary of modeling status and furnish preliminary modeling
output if desired sufficient for informal progress meeting discussions, and
recommendations on how to subsequently proceed.
Saddle Creek Sewer Evaluation E
arl
Exhibit A-Proposal for Phase I Professional Services
Page 5
Key Understandings: The Saddle Creek Watershed is fully developed and existing and future land use
conditions are essentially the same.
All reasonable efforts shall be made to avoid duplication of work from others by
using valid existing.information.
The City is to provide the model source files that were recently completed by
CH2M Hill.
Sanitary flows on the laterals are negligible, as stormwater runoff dominates the
system flow.
TASK SERIES 500—PHASE I TECHNICAL,MEMORANDUM
Task Objectives: Prepare a technical memorandum to summarize the findings of Phase I activities.
HDR Activities: Task 510 Technical Memorandum. Incorporate and summarize all pertinent
information
Task of the gathered from 1 asri 200,preliminary assessments adequacy
and implications thereof, stakeholder feedback from Task 300,modeling
strategies from Task 400, and provide recommendations for subsequent phases
of work into a technical memorandum. Furnish draft materials for City
comment, followed comments by a revised, final technical memorandum,
Task Deliverables: Draft Phase I Memorandum(5 unbound B/W copies,plus electronic version if
desired).
Revised,final Phase I Technical Memorandum(5 bound copies; color printing
where needed; plus electronic version if desired).
Key Understandings: The City will review the draft memorandum and provide one (1) combined set of
redline comments to the HDR Team.
Saddle Creek Sewer Evaluation
Exhibit A-Proposal for Phase I Professional Services
Page 6
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•
EXHIBIT "B"
All bidders are to comply with the Omaha Contract Compliance Program as follows:
Civil Rights Compliance
Omaha Contract Compliance Program -
(Revised Effective 8/15/2001)
DEFINITIONS
Disadvantaged Business Enterprise(DBE)must meet all of the following criteria:
(1) Has been in existence for at least one year and,
(2) Not an affiliate or subsidiary of a business dominant in its field of operation and,
(3) Is not: a manufacturer's rep; a franchise; a business where the owner is an owner or part owner of another
similar business; or a non-stocking retailer or wholesaler and,
(4) At time of application as evidenced by its income tax returns, gross receipts have not exceeded $150,000.00
and,
(5) The net worth of individual owners may not exceed the sum of $150,000.00 after excluding the individual's
equity in their primary residence. "Owner" includes a spouse, parents and/or children living in the household.
and,
(6) Individual owners may not hold more than 20% ownership in any other single business. "Owner" includes a
spouse,parents and/or children living in the household.
When the business completes five years of participation in the program or its gross receipts reach the sum of
$500,000.00 for a fiscal year or any one or more of the owners' net worth reaches the sum of $250,000.00 as
calculated in subsections (5) and (6), whichever occurs first, said business will be decertified and no longer
participate in the program.
Protected Class (PC)consists of:
(a) Black
(b) Hispanic
(c) Asian and Pacific Islander
(d) American Indian or Alaskan Native
(e) Female
Protected Business Enterprise(PBE)consists of:
(a) 51%of a business owned, controlled and actively managed by PC members
(b) 51% of the stock of a publicly owned business is owned and controlled by PC Members
(c) Provided that PC ownership and interests are real and continuing and not created for the purpose of complying
to obtain a contract or subcontract
In Compliance Employer(ICE)consists of:
(a) An employer that has at least 25%of PCs as the total number of employees in full or part time positions
(b) Provided that these PC positions are not created for the purpose of complying to obtain a contract or subcontract.
It has been declared necessary and expedient to require certain provisions in contracts with the City of Omaha to
promote equality of opportunity in employment without regard to race, creed, color, sex, religion or national origin.
This will promote and encourage socially and/or economically disadvantaged Omaha businesses to compete for city
contracts and to encourage diversity by the City in the award City contracts and to promote equality of access to city
contracts.
A-1 Revision Effective 8/15/01
1of5
"Contractor" is defined as any person, partnership, corporation, association or joint venture which has been
awarded a contract, and includes every subcontractor on such a contract.
"Subcontractor" is defined as any person, partnership, corporation, association or joint venture which supplies
any of the work, labor services, supplies, equipment, materials or any combination of the foregoing under a
contract with the contractor on a contract.
The term "lowest and best bid" whenever used in this division shall include authority but not a requirement to
award a contract to a disadvantaged business enterprise that is not the.low bidder, but who is awarded a
contract or subcontract determined by the city to be an acceptable cost higher than a competing lower bid,
except for specially assessed projects. The cost differential in each contract shall not exceed 3%.
The Finance Director shall administer and enforce, maintain and report contract statistics, for quarterly reports,
determine which program goals are met, advise departments "lowest and best"bid determinations and attaining
program goals, implementing rules and procedures, and making fiscal determinations for compliance with the
program.
10-192 All contracts hereafter entered into by the city shall incorporate an equal employment opportunity
clause, which shall read as follows:
All Bidders are required to comply with the Omaha Contract Compliance Program. During the performance of
this contract, the contractor agrees as follows:
(a) The contractor shall not discriminate against any employee or applicant for employment because of race,
religion, color, sex, age, disability or national origin. The contractor shall take affirmative action to
ensure that applicants are employed and the employees are treated during employment without regard to
their race, religion, color, sex or national origin. As used herein, the word "treated" shall mean and
include, without limitation, the following: recruited, whether by advertising or by other means;
compensated; selected for training, including apprenticeship; promoted; upgraded; demoted;
downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the contracting
offices setting forth the provisions of this nondiscrimination clause.
(b) 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, age, disability.
(c) 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 workers'
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.
(d) 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,
including the information required by sections 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 (a) through (g) of this subsection. The purpose of this provision is to provide for
investigation to ascertain compliance with the program provided for herein.
A-2 Revision Effective 8/15/01
Exhibit"B"
2of5
(e) 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 (a) through (g) 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 the provisions of this division; and in 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.
(f) The contractor shall file and shall cause his subcontractors, if any, to file compliance reports with the
contractor in the same form and 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.
(g) The contractor shall include the provisions of paragraphs (a) through (g) of this section, "Equal
employment opportunity clause." And section 10-193 in every subcontract or purchase order so that
such provisions will be binding upon each subcontractor or vendor.
10-194 All notices to bidders published shall include as part of the specifications the condition that all
bidders are required to comply with the Omaha Contract Compliance Program.
As part of the bid documents, each bidder files contract employment reports that confirms:
(a) That the contractor has notified community organizations that they have employment opportunities
available and shall maintain records or any responses
(b) That the contractor maintains a file of names and addresses of each PC worker referred and what action
taken in respect to these referred workers, and if the worker was not employed, the reasons therefore. If
such worker was not sent to the union hiring hall for referral or if such worker was not employed by the
contractor,the contractor's file shall document this and the reasons therefore.
(c) Contractors will contact the contract compliance officer when the union or unions that the contractor
has a collective bargaining agreement have not referred a minority worker sent by the contractor or if
there is information that the union referral process has impeded his goal.
(d) That the contractor has solicited bids for subcontractors from PC subcontractors engaged in trades
covered by their regulations, including circulation to minority associations.
(e) Contractor certifies that all employees directly involved with the contract will be given a discrimination
prevention presentation approved by HR in one of the following:
a. Contractor has a Bureau of Apprenticeship(BAT) approved apprentice program
b. The company EEOC officer has attended a City of Omaha HRD course and then teaches all
employees involved with the contract
c. All employees involved with the contract who have a direct contract with the public attend a
discrimination presentation course presented by HR
(f) If a complaint is filed against the contractor and found to be valid by HR, all employees involved in the
complaint will attend a HR discrimination course before the company can be awarded future contracts
and/or received final payment for the current contract.
A-3 Revision Effective 8/15/01
Exhibit "B"
3 of 5
•
10-200 Award of City contracts to PBEs, and ICEs, and DBEs.
(a) Commencing on 1/1/2001, the City shall make a good faith effort feasible to award supply, service and
construction contracts in amounts in no less as determined by the Finance Director by 12/31 of the prior year,
to proportionate to the percentage the PBE bears to the total business in the proposed contract industry. These
goals shall apply to the dollar volume of those contracts.
(b) Commencing on 1/1/2001, the City shall make a good faith effort feasible to award supply, service, and
construction contracts to DBEs in amounts no less than 10% of dollar volume of contracts awarded by the
City.
(c) Exclusions to these rpercentagec re contract a.varded t^ "blic lines l +l e l
�•.� Y""""""b" a S v pu IA, uuii uw uuu Vlttlit go veiuiiieiii.at uitiw.
Contracts awarded in amounts of $1,000.00 or less shall be specifically excluded from the total contracts
awarded but not from the total volume of contracts awarded.
A-4 Revision Effective 8/15/01
Exhibit"B"
4of5
Project Description: Papillion Creek Watershed Development Plan
THIS CERTIFICATE WILL NOT APPLY TO THIS PROJECT, SINCE HDR ENINEERING,INC.AND ALL
INTENDED SUB-CONSULTANTS ARE NOT MBE/DBE FIRMS. A CURRENT COPY OF FORM CC-I IS ON
FILE WITH THE CITY
MBE/DBE UTILIZATION CERTIFICATE
In the performance of this contract,the contractor proposes to contract with eligible minority and women owned business
enterprises either
$ or %of the total bid price.
Regardless of the method used to meet the utilization goals,all amounts listed below will be in dollars.
IDENTIFICATION OF MBE/DBE PARTICIPANTS
Name of Eligible Description of Work or Value of Work
MBE/DBE Line Item(s) to be Performed
1.
2.
3.
4.
By signing this document,the contractor certifies to the City of Omaha that the utilization goals will be met either by goal
achievement or good faith effort as documented.
Bidder: Total MBE/DBE utilization: $
By/Title:
BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING DATA WITH EACH BID
(Protected Class is defined as Black,Hispanic,Asian and Pacific Islander,American Indian or Alaskan Native,Female.)
Total Employees Protected Class Males Protected Class Females
America America
Total Total Asian or n Indian Asian n Indian
Wor Protecte Pacific or or or
Date k d Black Hispani Islander Alaskan Black Hispani Pacific Alaskan White
Forc Class c Native c Islande Native
e r
•
*Refer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as
shown on bid.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and
have on file with the Human Relations Department the Contract Compliance Report (Form CC-1). This report shall be in
effect for 24 months from the date received by the Human Relations Department. Any questions regarding the Contract
Compliance Ordinance should be directed to the Human Relations Department at(402)444-5055.
(PLEASE PRINT LEGIBLY OR TYPE)
A-5
Effective 8/27/01
Exhibit"B"
5 of 5
EXHIBIT "C"
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, six or national origin. Thecontractor shall take all aCtiOnS iicLcw6aiy t0 GGulpiy 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.
4. C-25A. CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, it is necessary to evaluate the hydrology and hydraulics of the
combined sewer system in the Saddle Creek drainage basin; and,
. WHEREAS, HDR Engineering, Inc. has agreed to perform the engineering
services in the attached Agreement, which by this reference becomes a part herein, for the sum of
$49,500.00; and,
WHEREAS, the funds will be paid from the Sewer Separation Organization
116912, Sanitary Sewer Improvement Fund 21124, year 2004 expenditure; and,
WHEREAS, the Public Works Department does not have sufficient staff to
undertake this project at this time and requests your approval of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE i
CITY OF OMAHA:
THAT, the Public Works Department recommends the Agreement with HDR
Engineering, Inc. to evaluate the hydrology and hydraulics of the combined sewer system in the
Saddle Creek drainage basin, be accepted.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay $49,500.00 from the Sewer
Separation Organization 116912, Sanitary Sewer Improvement Fund 21124, year 2004
expenditure.
P:\PW\11361pjm.doc APPROVED AS TO FORM:
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CITY ATTORNEY DATE
IC,-, -Pam .
By
Councilmember
Adopted �o• 9
_ ; l City Clerk
Approved.. ..L,.: • ••
„... uhe.../01
Mayor
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