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RES 2004-1400 - Agmt with HDR Engineering Inc to evaluate hydraulics of combined sewer system in Saddle Creek drainage basinPoi OMAHA•^,E• ��„mil, R E C E[ ED Public Works Department v- 2..f�� ff`jr,' t t Omaha/Douglas Civic Center z �r�' �1� � �� OCT �� ��� ��` �t� 18i9 Farnam Street,Suite 601 ® November 9 BAN Omaha,Nebraska 68183 0601 o+4 or' Cl �4 ( O L E (;;: (402)444-5220 Fo FE11 Telefax(402)444-5248 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. 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(n co I cn N co "'0 .r OA a (o o I- a: to - I- o Q - I- - ri) W P. i- H H 1- F- H H' F i- 17 f- H H • 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. 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