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RES 2022-0353 - PSA with Jacobs Engineering Group for OPW 54258 - MO River Inplant Lift Station Upgrade ProjectG.Standard of Care.The standard of care applicable to Provider's Services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar Services at the time said services are performed.Provider will re-perform any services as defined in Exhibit “B” not meeting this standard without additional compensation. H.Subsurface Investigations.In soils,foundation,groundwater,and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations,exploration,and investigations have been made.Because of the inherent uncertainties in subsurface evaluations,changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution.These conditions and cost/execution effects are not the responsibility of Provider. I.Provider's Personnel at Construction Site (where applicable) i.The presence or duties of Provider's personnel at a construction site,whether as onsite representatives or otherwise,do not make Provider or Provider's personnel in any way responsible for those duties that belong to City and/or the construction contractors or other entities,and do not relieve the construction contractors or any other entity of their obligations,duties,and responsibilities,including,but not limited to,all construction methods,means,techniques,sequences,and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. ii.Provider and Provider's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting the health or safety deficiencies of the construction contractor(s)or other entity or any other persons at the site except Provider's own personnel. iii.The presence of Provider's personnel at a construction site is for the purpose of providing to City a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s).Provider neither guarantees the performance of the construction contractor(s)nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only,construction sites include places of manufacture for materials incorporated into the construction work,and construction contractors include manufacturers of materials incorporated into the construction work. J.Construction Progress Payments.Where construction phase services are provided; recommendations by Provider to City for periodic construction progress payments to the construction contractor(s)will be based on Provider's knowledge,information,and belief from selective sampling that the work has progressed to the point indicated.Such recommendations do not represent that continuous or detailed examinations have been made by Provider to ascertain that the construction contractor(s)have completed the work in exact accordance with the construction documents;that the final work will be acceptable in all respects;that Provider has made an examination to ascertain how or for what purpose the construction contractor(s) 2 Revised: 03/08/2021 have used the moneys paid;that title to any of the work,materials,or equipment has passed to City free and clear of liens,claims,security interests,or encumbrances;or that there are no other matters at issue between City and the construction contractors that affect the amount that should be paid. K.Record Drawings.Record drawings,if required,will be prepared,in part,on the basis of information compiled and furnished by others,and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. Provider is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. III.DUTIES OF CITY A.City designates Keegan Bell,whose business address and phone number are 5600 S 10th Street,Omaha,Nebraska 68107,402-444-3503 as its contact person for this project,who shall provide a notice to proceed and such other written authorizations as are necessary to commence or proceed with the project and various aspects of it. B.City Furnished Data.Upon request,City will provide to Provider all available/known data in City's possession relating to Provider's services on the PROJECT.Provider will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. C.Access to Facilities and Property.City will make its facilities accessible to Provider as required for Provider's performance of its services. D.Advertisements,Permits,and Access.Unless otherwise agreed to in the Scope of Services, City will obtain,arrange,and pay for all advertisements for bids;permits and licenses required by local,state,or federal authorities;and land,easements,rights-of-way,and access necessary for Provider's services or PROJECT construction. E.Prompt Notice.City will give prompt written notice to Provider whenever City observes or becomes aware of any development that affects the scope or timing of Provider's Services,or of any defect in the work of Provider or construction contractors. F.Asbestos or Hazardous Substances. 1)If asbestos or hazardous substances in any form are encountered or suspected,Provider will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. 2)If asbestos is suspected,Provider will,if requested and if Provider has the knowledge, skills and ability,manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. 3)City recognizes that Provider assumes no risk and/or liability for a waste or hazardous waste site originated by other than Provider. G.Litigation Assistance.The Scope of Services does not include costs of Provider for required or requested assistance to support,prepare,document,bring,defend,or assist in litigation 3 Revised: 03/08/2021 undertaken or defended by City.All such Services required or requested of Provider by City, except for suits or claims between the parties to this AGREEMENT,will be reimbursed as mutually agreed. IV.COMPENSATION AND PAYMENT A.The cost of services as specified in the Scope of Service,shall be performed on an hourly basis,but in no event shall it exceed $462,628.07.Detailed breakdown of costs shall be shown in Exhibit “C”. B.Reimbursable expenses shall be billed to the City by the Provider.Invoices billed to the City for services by the Provider shall be limited to services performed within a single calendar year.For agreements which span multiple calendar years,invoicing shall be separated between calendar years.Year-end invoices (for services through December 31 of a given calendar year)shall be submitted to the City no later than January 31 of the following calendar year.After review and approval,City shall provide payment for reimbursable expenses on a monthly basis unless the parties agree to some other schedule.Provider shall pay any suppliers or sub-contractors within 30 days of receipt of reimbursement from the City. C.Errors and Omissions.Additional work that is required to be performed by Provider that is a result of errors or omissions by Provider shall not be compensated by City. D.INCREASE OF FEES The parties hereto acknowledge that,as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows:Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a)by ten percent,if the original fee is one hundred fifty thousand dollars ($150,000)or more,or (b)by seventy-five thousand dollars ($75,000)or more,shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits.However,neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this section will be quoted in all future City contracts.Nothing in this section is intended to alter the authority of the Mayor under section 5.16 of the Charter to approve immediate purchases. V.OWNERSHIP OF INSTRUMENTS OF SERVICE The City acknowledges the Provider ’s documents,including electronic files,as instruments of professional service.Nevertheless,upon completion of the services and payment in full of all monies due to the Provider,the final documents prepared under this Agreement shall become the property of the City.The City shall not reuse on another Project or make any modifications to the documents without prior written authorization of the Provider.The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider,its officers,directors,employees and subconsultants (collectively,Provider)against any damages,liabilities or costs,including 4 Revised: 03/08/2021 reasonable attorneys’fees and defense costs,arising from or in any way connected with the unauthorized reuse or modification of the documents by the City,regardless of whether such reuse or modification is for use on this Project or another Project VI.ADDITIONAL SERVICES In the event additional services for the aforementioned Project not covered under this Agreement are required, the Provider agrees to provide such services at a mutually agreed upon cost. VII.INSURANCE REQUIREMENTS The 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 The Provider agrees,to the fullest extent permitted by law,to indemnify,defend and hold harmless the City,its officers,directors and employees (collectively,City)against all damages,liabilities or costs,including reasonable attorney’s fees and defense costs,to the extent caused by the Provider ’s negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is legally liable;provided,that with respect solely to the said duty to defend,such duty of the Provider to defend shall arise only if,and to the extent,such duty is covered by Provider’s liability insurance.The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider,its officers,directors,employees and subconsultants (collectively,Provider)against all damages,liabilities or costs,including reasonable attorney’s fees and defense costs in connection with the Project,to the extent caused by the City’s negligent acts or the negligent acts of anyone for whom the City is legally liable.Neither the City nor the Provider shall be obligated to indemnify the other party in any matter whatsoever for the other party’s own negligence.The Provider shall not be liable for any loss of profit,loss of business or any incidental, special, indirect or consequential losses. IX.TERMINATION OF AGREEMENT Either party may terminate this Agreement without cause upon fifteen (15)days’notice in writing. If either party breaches this Agreement,the non-defaulting party may terminate this Agreement after giving seven (7)days’notice to remedy the breach.On termination of this Agreement,the City shall forthwith pay Provider for the services performed 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 5 Revised: 03/08/2021 race,color,creed,religion,sex,marital status,sexual orientation,gender identity,age,or disability as recognized under 42 USCS 12101 et seq.and Omaha Municipal Code section 13-89,race,color,creed,religion,sex,marital status,sexual orientation,gender identity, national origin, age, or disability. B.Captions.Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C.Applicable Laws.Parties to this Agreement shall conform with all existing and applicable City ordinances,resolutions,state laws,federal laws,and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D.Interest of the City.Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any officer or employee of the City shall have a financial interest,direct or indirect,in any City Agreement.Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E.Interest of the Provider.The Provider covenants that he presently has no interest and shall not acquire any interest,direct or indirect,which would conflict with the performance of services required to be performed under this Agreement;he further covenants that in the performance of this Agreement, no person having any such interest shall be employed. F.Authorization to Proceed.Execution of this AGREEMENT by City will be authorization for Provider to proceed with the work, unless otherwise provided for in this AGREEMENT. G.Force Majeure.Provider is not responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of Provider.In any such event, Provider ’s contract price and schedule shall be equitably adjusted. H.Intellectual Property.City acknowledges and agrees that in the performance of the development service,Provider may utilize its proprietary data,concepts,methods,techniques, processes,protocols,ideas,inventions,know-how,trade secrets,algorithm,software,works of authorship,software and hardware architecture,databases,tools,other background technologies and standards of judgment that Provider developed or licensed from third parties prior to the Effective Date (the “Pre-Existing Technology”). Subject to the terms and conditions of this AGREEMENT,Provider hereby grants to City a non-exclusive,non-transferable,royalty-free license under Provider ’s Intellectual Property Rights to utilize the Pre-Existing Technology for the purpose of the City Project. City shall not,and shall not allow any third party to:(i)modify or otherwise create derivative works of the Pre-Existing Technology;(ii)use the Pre-Existing Technology for any other purpose,other than the City Project;(iii)make,have made,use,reproduce,license,display, perform,distribute,sell,offer for sale,service,support,or import any product that 6 Revised: 03/08/2021 incorporates,embodies and/or is based upon the Pre-Existing Technology;(iv)sublicense, distribute or otherwise transfer to a third party any of the Pre-Existing Technology by itself or as incorporated into software or hardware;or (v)reverse engineer,disassemble,decompile or attempt to derive the source code or underlying ideas or algorithms of the Pre-Existing Technology. Any additional use of the Pre-Existing Technology shall require a separate written license agreement. I.Suspension,Delay,or Interruption of Work.City may suspend,delay,or interrupt the Services of Provider for the convenience of City.In such event,Provider's contract price and schedule shall be equitably adjusted. J.No Third Party Beneficiaries.This Agreement gives no rights or benefits to anyone other than City and Provider and has no third- party beneficiaries. K.Merger.This Agreement shall not be merged into any other oral or written agreement,lease, or deed of any type. This is the complete and full Agreement of the parties. L.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 set 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. M.Assignment.The Provider may not assign its rights under this Agreement without the express prior written consent of the City. N.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. O.LB 403 Contract Provisions.-NEW EMPLOYEE WORK ELIGIBILITY STATUS -The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing service within the State of Nebraska.A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,8 U.S.C.1324a,known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies:1.The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2.If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor ’s lawful presence in the United States using the Systematic Alien Verification for 7 Revised: 03/08/2021 Entitlements (SAVE)Program.3.The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. P.Certificate of Authorization.If this Agreement contemplates the performance of professional architecture or engineering work by the Provider,the Provider shall provide to the City,and maintain in good standing,a current Certificate of Authorization from the State of Nebraska as required by Neb. Rev. Stat. section 81-3436. Q.Debarment or suspension by any federal agency.(This section applies if any part of this Agreement is funded by a federal agency.)Office of Management and Budget (OMB)guidelines require that any individual or entity that has been placed on the Excluded Parties List System (“EPLS”-available for review through www.sam.gov)may not be a participant in a federal agency transaction that is a covered transaction or act as a principal of a person participating in one of those covered transactions.These guidelines apply to covered transactions under a grant from any federal agency for which a recipient expects to receive reimbursement for expenditures incurred or an advance on future expenditures. The Contractor providing goods and/or services to the City of Omaha certifies,by acceptance and execution of this Agreement,that neither it nor its principals are presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency.The Contractor further agrees,by accepting and executing this Agreement,that it will include this clause without modification in all lower tier transactions,solicitations,proposals,contracts,and subcontracts.Where the Contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this Agreement. R.Contract Compliance Ordinance No. 35344, Section 10-192 Equal Employment Opportunity Clause. During the performance of this contract, the Contractor agrees as follows: 1)The Contractor shall not discriminate against any employee or applicant for employment because of race,color,creed,religion,sex,marital status,sexual orientation,gender identity,national origin,age,or disability.The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, color,creed,religion,sex,marital status,sexual orientation,gender identity,national origin,age,or disability.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 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 8 Revised: 03/08/2021 employment without regard to race,color,creed,religion,sex,marital status,sexual orientation, gender identity, national origin, age, or disability. 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 applications for employment. 4)The Contractor shall furnish to the Human Rights and Relations Director 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 Sections 10-192 to 10-194,inclusive,and shall permit reasonable access to his records.Records accessible to the Human Rights and Relations Director 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 for 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 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 necessary to protect the interests of the City and to effectuate the 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 Human Rights and Relations Director. 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 or purchase order so that such provisions will be binding upon each subcontractor or vendor. S.Conflict. In the event of any conflict between this Agreement and any of the exhibits attached hereto, the terms of this Agreement shall take precedence. 9 Revised: 03/08/2021 EXHIBIT “A” RESERVED EXHIBIT “B” SCOPE OF SERVICES 1 Exhibit “B” SCOPE OF SERVICES Missouri River Water Resource Recovery Facility In-Plant Lift Station Modification Project Jacobs Engineering Group Inc. (PROVIDER) agrees to provide the City of Omaha Public Works Department (CITY) conceptual design services as outlined herein for a project generally described as the Missouri River Water Resource Recovery Facility (MRWRRF) In-Plant Lift Station Modification Project (PROJECT). Project Understanding: The objective of this PROJECT is to identify and evaluate alternative strategies to address operation and maintenance challenges at the MRWRRF In-Plant Lift station resulting from heavy debris loading causing excessive wear and tear on the existing immersible pumps and high energy flows within the upstream conveyance system resulting in the bulking of flow and the occasional release of flow from the Ohern sewer into low lying areas during wet weather events. ARTICLE 1 - Scope of Services: The PROVIDER shall provide professional services to the CITY to complete the PROJECT scope described below. It is understood that Keegan Bell will serve as the CITY’s representative throughout project execution. Doug Simon will serve as the PROVIDER’s Project Manager. The PROVIDER will provide the following services: Task 1: Project Management and Data Review 1.1 Project Administration PROVIDER will perform contracting, invoicing, and management of Project team, budget, and schedule. PROVIDER will develop and implement a Health and Safety Plan and a Quality Control (QC) Plan specific to the PROJECT work. PROVIDER will facilitate periodic progress meetings and provide monthly progress reports and invoices in a format acceptable to the CITY. QC efforts will be incorporated into the budget of individual tasks. 1.2 Kick Off Meeting PROVIDER will facilitate one two-hour kick-off meeting with CITY staff to discuss goals, scope, and schedule for the PROJECT. Up to six (6) PROVIDER team members will attend the Kick-Off Meeting. PROVIDER will prepare the meeting agenda with input from the CITY, will prepare and distribute draft meeting summary for review and comment by the attendees, and will prepare and distribute final meeting summary. 2 1.3 Progress Meetings PROVIDER’s PM will coordinate and conduct bi-weekly check in phone calls with CITY’s representative to review and discuss progress, action items, upcoming work activities and other project happenings. Key action items and/or decisions resulting from these discussions will be documented via email and included on the Monthly Progress Report submitted monthly with each invoice. Task 2 - Data Gathering and Review PROVIDER will gather and review record drawings, previous studies and reports, previous inspections of the U Street and Ohern sewers and other applicable information to support the identification and evaluation of alternatives considered. PROVIDER will coordinate with the CITY to review and discuss current operational challenges associated with existing facility operations. PROVIDER will also request information regarding existing utilities for use in the subsequent tasks when evaluating the siting of improvements. Task 3 – Condition Assessment of Ohern Grit Facility PROVIDER will coordinate with CITY staff to conduct a condition assessment of the existing Ohern Grit facility. It is assumed that the Condition Assessment Task will be coordinated to be held in conjunction with the Task 1.2 Kick-off Meeting. This will include discussions with MRWRRF operations staff to understand facility operations and challenges in the operation of the facility. Up to three (3) PROVIDER staff will participate in the on-site condition assessment to include a PROVIDER staff member from its Operations Management & Facility Service group. PROVIDER will evaluate alternative strategies to improve facility operations. Observations, findings and discussions with CITY staff will be summarized in a brief Ohern Grit Facility Condition Assessment technical memorandum (TM). A draft copy of the summary TM will be provided to the CITY electronically via mail in Microsoft Word format for review and comment. PROVIDER will incorporate responses to CITY comments to prepare the final TM to be provided to the CITY electronically via email in portable document (PDF) format. Task 4 – U Street Sewer Evaluation PROVIDER will evaluate alternative strategies for conveyance of the U Street sewer flows to address the current hydraulic challenges associated with the high energy flows that are likely resulting in the bulking of flow and a contributor to current surcharging of the conveyance system during wet weather events. This will include the following options:  Rerouting the U Street to combine with Ohern sewer  Sewer separation upstream within the contributing basin to convey sanitary sewer flows only  Energy dissipation of the existing U Street Sewer 3 The existing InfoWorks model will be used to evaluate system hydraulic performance for each of the scenarios evaluated. Initial efforts will primarily focus on viability of options to reroute the U Street sewer to combine with the Ohern sewer as well as upstream sewer separation. However, if energy dissipation of the existing sewer is needed computational fluid dynamic (CFD) modeling may be necessary to evaluate the system hydraulics and support the identification of energy dissipation alternatives for consideration. It is assumed that the analysis will include 2-year and 10-year design storms under high and low Missouri River conditions and an assessment of potential Combined Sewer Overflow (CSO) impacts. Results of the evaluation will be summarized in a U Street Sewer Evaluation TM. A draft copy of the summary TM will be provided to the CITY electronically via mail in Microsoft Word format for review and comment. PROVIDER will incorporate responses to CITY comments to prepare the final TM to be provided to the CITY electronically via email in portable document format (PDF). Task 5 – Equipment Evaluation PROVIDER will coordinate with CITY staff to identify issues and concerns related to the debris loading and operations of the In-plant lift station. This will include evaluation of the various coarse screen equipment options, screenings transport and processing equipment options, and configurations of equipment for sizing and siting of screening facilities. This will also include an evaluation of the existing immersible pumps at the In-Plant Lift Station and consideration of a potential alternative to replace with pumps similar to the previous pumps. Results of the evaluation will be summarized in an Equipment Evaluation TM. A draft copy of the summary TM will be provided to the CITY electronically via mail in Microsoft Word format for review and comment. PROVIDER will incorporate responses to CITY comments to prepare the final TM to be provided to the CITY electronically via email as a PDF. Task 6 –Alternatives Evaluation PROVIDER will develop a matrix of alternatives for consideration to address the heavy debris loading to the In-Plant Lift Station and the hydraulic challenges associated with the upstream conveyance system. This will include identifying various potential sites for screening facilities, configurations for the screening facilities, odor control considerations, conveyance improvement strategies etc. This will also consider permitting considerations that we be evaluated as part of Task 7. Operation, maintenance, and non-monetary factors 4 will be developed with CITY staff for consideration in the short listing of alternatives to advance forward to conceptual design. PROVIDER shall prepare AACE Class 5 cost estimates for each of the identified improvement options that are included within the matrix of alternatives. Life cycle costs will not be estimated as part of this effort but will consideration of the operation and maintenance impacts of the alternative improvements. PROVIDER will organize and facilitate a Workshop with CITY staff to review the matrix of alternatives and collectively identify a short list of up to 5 alternatives for further evaluation, one of which will be the Do Nothing alternative. PROVIDER will prepare Workshop Agenda and Meeting summary documenting key discussion topics and decisions. PROVIDER shall prepare a draft copy of the Alternatives Evaluation Workshop Summary and provide to the CITY electronically via mail in Microsoft Word format for review and comment. PROVIDER will incorporate responses to CITY comments to prepare the final Alternatives Evaluation Workshop Summary to be provided to the CITY electronically via email as a PDF. A summary of the Task 6 evaluation will be included in the Summary Report to be prepared as part of Task 9.1 Task 7 – Permitting PROVIDER will review potential permitting requirements for the matrix of alternatives developed for consideration in Task 6. The alternatives selected for further evaluation will get an updated and more detailed assessment of the permitting requirements and potential issues associated with obtaining them. Permitting considerations for the alternatives will be incorporated into the Summary Report outlined in Tasks 9.1. Task 8 – Concept Design of Shortlisted Alternatives 8.1 Concept Design of Shortlisted Alternatives Following the workshop in Task 6, PROVIDER shall prepare conceptual design documents of the shortlisted alternatives. A Conceptual Basis of Design Report and Conceptual Design Drawings for each of the shortlisted alternatives will be prepared. These alternatives will be ranked and scored against the identified monetary, operation, maintenance, and non-monetary criteria and relative weighting of the criteria. A do nothing alternative will also be considered. 5 8.2 Cost Estimating of Shortlisted Alternatives PROVIDER shall prepare AACE Class 4 cost estimates for the shortlisted alternatives. Life cycle costs shall be based on a 20-year service life for the cost comparison of alternatives. 8.3 Conceptual Design Workshop Following submission of the conceptual design deliverables for the shortlisted alternatives, PROVIDER shall organize and facilitate a 2-hour workshop with the CITY to review the deliverable documents and identify the preferred alternative to advance forward to prepare a Business Case Evaluation. PROVIDER shall prepare a draft copy of the Conceptual Design Workshop Summary and provide to the CITY electronically via mail in Microsoft Word format for review and comment. PROVIDER will incorporate responses to CITY comments to prepare the final Conceptual Design Workshop Summary to be provided to the CITY electronically via email as a PDF. Task 9 – Documentation 9.1 Summary Report PROVIDER will compile the TMs prepared as part of Tasks 3-8 and supplement, as appropriate, with additional information to document the data, analysis, process, and methodology followed to identify and evaluate the various alternatives as well as key decisions and considerations that guided the shortlisting of alternatives and the selection of the preferred alternative. A draft copy of the report will be submitted electronically via email in Microsoft Word format to the CITY for review and comment. PROVIDER will incorporate responses to comments provided by the CITY when finalizing the Summary Report and submitting electronically via email as a PDF file. 9.2 Business Case Evaluation PROVIDER shall prepare a Business Case Evaluation (BCE) for the selected alternative to support informed and fiscally responsible decision making. A draft BCE will be submitted to the CITY electronically via email in Microsoft Word format for review and comment. PROVIDER will incorporate responses to CITY comments to update the BCE for submission to the CITY via email as a PDF file. It is understood that the BCE is to be a living document and thus will not be finalized. Task 10 – Municipal Headworks Screenings Compaction System Review PROVIDER will coordinate with CITY staff to identify issues and concerns related to the Screenings and Compaction System at the Municipal Headworks. This will include evaluation of the coarse screen equipment sluicing operations, the Parkson compactor operations, and review of the ancillary facilities including electrical, washdown water, and drain locations to identify the deficiencies in operations and equipment maintainability. 6 PROVIDER will conduct a walk-through and hold a meeting with engineering and operations personnel to discuss potential improvements already investigated by the CITY and identified data gaps. The intent is to conduct one meeting to discuss this Task as well as Task Nos. 11 and 12. PROVIDER will gather the information to fill in the data gaps to support the advancement of design concepts. For improvements identified, PROVIDER will develop general layout drawings for proposed improvements and budgetary level cost estimates. A second meeting will be held with engineering and operations to select final improvements and contracting method. Results of the discussion and investigation will be summarized in a Headworks Proposed Improvements TM. The TM will identify a recommended path forward for implementation of the improvements. A draft copy of the TM will be provided to the CITY electronically via email in Microsoft Word format for review and comment. PROVIDER will incorporate responses to CITY comments to prepare the final TM to be provided to the CITY electronically via email as a PDF. Based on the improvements identified and contracting method, PROVIDER will develop the necessary documents to construct the improvements. Task 11 – Municipal Headworks Grit Washing/Dewatering System Review PROVIDER will coordinate with CITY staff to identify issues and concerns related to the Grit Washing/Dewatering System at the Municipal Headworks. This will include evaluation of the Hydro International Surry Cup and Grit Snail operations to identify the deficiencies in operations. As noted in Task No. 10, PROVIDER will conduct a walk- through and hold a meeting with engineering and operations personnel to discuss potential improvements already developed by the City and identified data gaps. PROVIDER will gather the information to fill in the data gaps to support the advancement of design concepts. For improvements identified, PROVIDER will develop general layout drawings for proposed improvements and budgetary level cost estimates. A second meeting will be held with engineering and operations to select final improvements and contracting method. Results of the discussion and investigation will be summarized in a Grit Washing/Dewatering System Improvements TM. The TM will identify a recommended path forward for implementation of the improvements. A draft copy of the TM will be provided to the CITY electronically via email in Microsoft Word format for review and comment. PROVIDER will incorporate responses to CITY comments to prepare the final TM to be provided to the CITY electronically via email as a PDF. Based on the improvements identified and contracting method, PROVIDER will develop the necessary documents to construct the improvements. Task 12 – SOIA Clarifier Grease Removal Systems Review PROVIDER will coordinate with CITY staff to identify issues and concerns related to the grease removal in the SOIA Clarifiers. 7 This will include evaluation of the existing spray bars, grease movement within the clarifiers, central trough/wet well grease pump operations, and planned improvements for aerating the grease ahead of the outside edge scum troughs to identify the deficiencies in operations. PROVIDER will complete a walk-through of the clarifiers with operations to determine the current conditions of the clarifiers. After the walk through and as noted in Task No. 10 PROVIDER will hold a meeting with engineering and operations personnel to discuss potential improvements already developed by the City and identified data gaps. PROVIDER will gather the information to fill in the data gaps to support the advancement of design concepts. For improvements identified, PROVIDER will develop layout drawings or written descriptions for proposed improvements and budgetary level cost estimates. A second meeting will be held with engineering and operations to select final improvements and contracting method. Results of the discussion and investigation will be summarized in a SOIA Clarifier Grease Removal System Improvements TM. The TM will identify a recommended path forward for implementation of the improvements. A draft copy of the TM will be provided to the CITY electronically via email in Microsoft Word format for review and comment. PROVIDER will incorporate responses to CITY comments to prepare the final TM to be provided to the CITY electronically via email as a PDF. Based on the improvements identified and contracting method, PROVIDER will develop the necessary documents to construct the improvements. Task 13 – PDIF Improvements Development and Implementation PROVIDER has previously met with the City on December 2, 2021 to discuss improvements and developed and distributed a list of potential improvements for PDIF. The list was developed into a spreadsheet that was previously distributed and will be updated as needed to track progress of the various improvements. The most recent version of the spreadsheet is included as Attachment 1 but is subject to modification as work progresses. PROVIDER will continue to implement planned improvements as identified and assigned to them in the spreadsheet. PROVIDER will work with CITY engineering and operations to develop contracting methods for services needed. PROVIDER will specifically develop an agenda and meet with the CITY to define the requirements for Item No. 17 Analyzer Panel Weather Protection and Item No. 18 Vault Groundwater Leaks. The remaining tasks identified and agreed to as part of the larger meeting require coordination with various CITY personnel but does not require formal meetings. City staff will be engaged, as needed, to complete the work and develop the documents for work to be performed by others (e.g., Huffman, Erikson, others) under separate contract with the City. PROVIDER will provide Chlorine Contact Basin (CCB) start-up assistance to include the review of performance data resulting from up to 10 wet weather events in calendar year 2022. The level of effort assumed for this start-up assistance is 96 hours to review data, provide a brief summary of results for each event and prepare a year end summary. PROVIDER will perform a hydraulic evaluation to identify alternatives to mitigate current challenges related to air entrainment within the influent flow meter and back flow from SHC 8 Vertical Mixer No. 1 (M-1015-010-01). PROVIDER will prepare schematic drawings of improvement recommendations to the City for consideration. PROVIDER will prepare a brief 1- 2 page summary of the evaluation and recommendations. Detailed design of the selected improvements is not included within this scope and fee estimate but could be added as part of a mutually agreeable contract modification. PROVIDER will provide support to complete the design and construction phase services for mitigation wetlands required to offset wetland impacts associated with the construction of Schedule B2 and CSO 102 improvements. It is understood that continued support will be split between the CSO 102 Improvements Project and this project at a ratio of 60/40. A total of 24 hours is assumed for this scope of services. Project Assumptions The following assumptions are included in this scope of work.  Initial and follow-up meetings identified with the scope of services for Tasks 10, 11, and 12 will be held concurrently.  No survey or geotechnical investigations will be completed as part of this scope of services. It is assumed that the PROVIDER will primarily utilize the CITY’s www.dogis.org/sewer website to obtain one foot topographic and CITY utility information.  In the event there is a reasonable assessment as to the safety or health of personnel because of the COVID-19 or related virus, PROVIDER reserves the right to revise pricing, resourcing or schedule accordingly. Additionally, in the event travel is required, the pricing and schedule set out in the scope assumes there are no travel restrictions. PROVIDER would directly coordinate with the CITY to mitigate and minimize delays, costs and other impacts.  In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, PROVIDER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, PROVIDER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from PROVIDER’s opinions, analyses, projections, or estimates.  No specifications will be prepared.  With the exception of Mitigation Wetlands improvements identified in Task 13, final design (including preparation of specifications) and construction phase services are not included in this scope of services.  The scope of services does not include an investigation into the potential source(s) of debris loading into the system. 9  The scope of services does not include a condition assessment of the existing conveyance system.  A two-week City review period for deliverables is assumed.  Services to be provided by Huffman Engineering, Inc. are to be contracted separately and are not included within this scope of services and fee estimate. Project Deliverables The following deliverables will be provided as part of this Scope of Services. Workshop Meetings  Task 1 - Kick-Off Meeting Agenda and Summary  Task 6 – Matrix of Alternatives  Task 6 - Alternatives Evaluation Workshop Agenda and Summary  Task 8 - Conceptual Design Workshop Agenda and Summary Summary Report shall include:  Executive Summary  Task 3 – Draft and Final Ohern Grit Facility Condition Assessment TM  Task 4 - Draft and Final U Street Sewer Evaluation TM  Task 5 - Draft and Final Equipment Evaluation TM  Task 6 - Alternatives Evaluation Summary with Class 5 Estimates  Task 8 - Conceptual Basis of Design Report and Conceptual Design Drawings with Class 4 Estimates  Task 9 – Summary Report, Business Case Evaluation for selected alternative  Task 10 – Draft and Final Headworks Proposed Improvements TM, drawings and specifications, as appropriate, for the construction of the recommended improvements  Task 11 – Draft and Final Grit Washing/Dewatering System Improvements TM, drawings and specifications, as appropriate, for the construction of the recommended improvements  Task 12 – Draft and Final SOIA Clarifier Grease Removal System Improvements TM, drawings and specifications, as appropriate, for the construction of the recommended improvements  Task 13 – Drawings and specifications, as appropriate, to implement the recommended improvements. 10 ARTICLE 2 - Schedule The PROJECT will be completed within eight (8) months of receipt of a Notice to Proceed from the CITY. A more detailed schedule will be developed during Project Initiation. It is assumed that the scope of services contained herein will be completed within Calendar Year 2022. ARTICLE 3 - Compensation Compensation by CITY to PROVIDER for the proposed services described above will be as described in attached Exhibit C. Attachment 1 Missouri River Water Resource Recovery Facility In-Plant Lift Station Modification Project Primary Disinfection Improvements Plan Prior to 2022 Disinfection Season Printed:2/16/2022 Item No.Description Lead Additional Resources Contracting Method Proposed Action Estimated Cost* Status Comments 1 Potable Water to Analyzer Panels - Plumb potable water to chlorine analyzer panels.Keegan Bell Eriksen Change Order to existing contract. Route non-potable water line to the cabinets from the Chem Bldg In Progress Layout of the line nearly complete. 2 84" Accusonic Influent Flow Meter Air Entrainment - Install grate or baffle per SME recommendation to reduce or eliminate air entrainment from drop over Gate No. 24. Kent Bienlien Jacobs SME Continue work Depending on the solution additional resources may be needed for installation. 3 84" Accusonic Influent Flow Meter Back Flow - Eliminate the backflow from of the mixer using a stem wall or stop log system. Determine the balance between stopping the backflow and minimizing the hydraulic impact. Kent Bienlien Jacobs SME Continue work Check on reversing mixer rotation. Depending on the solution additional resources may be needed for installation. 4 Ammonia Analyzer -Rebuild the analyzer and replace required parts. Run ethernet cable and required wires from analyzer to PLC. Provide termination at analyzer only. John Borcher In house Rebuild.In Progress 4A Ammonia Analyzer Liquiline Data Transmission Via Ethernet/IP - Provide ethernet connection to communicate with SCADA. Terminate wires at PLC only. Huffman TBD Install ethernet connection to SCADA. Scope Development 5 Ammonia Analyzer Sample Point - Determine a location to add a second sample point for the analyzer to be used between events. Determine if primary effluent (PDIV) or potable water should be the source. Kent Bienlien Josh Dodson Continue work Plumb potable water to the analyzer and set it up to switch between the sources. Determine if the unit can read the ammonia in the potable water. Additional resources may be needed for installation. 6 SBS Pumps - Determine if hoses need replaced and replace as needed. Jeff Saltzman In house 7 Chemical Building Valve Tags - Relabel valves both the physical tags as well as update the PLC programming and O&M documentation. Kent Bienlien Curtis Weiland & Huffman In-Plant LS Project In Progress P&ID with the new valve tag names has been developed. Need to discuss with Huffman and develop a price. 8 Chemical Building Boiler - Replace fan. Jeff Saltzman Local Supplier In house 9 SHC Tank Recycle Valve - Reprogram the recycle valve to open at the end of an event to relieve gas pressure that could build in the discharge line. Kent Bienlien Huffman Continue work 10 Review SBS set points, delays, and switching between modes logic. Rewrite or update the loop description to improve performance. Curtis Wieland Continue work Will need to fine tune control loops during events. 11 Automate Truncating of Overflow Events - Review operational procedure for ending an event when low flow occurs. Develop a loop description for use in developing the PLC programming. Kent Bienlien Curtis Weiland & Huffman Continue work Check air gap gate ability to feed back intermediate postion. 12 SHC Feed System Improvements - Develop a loop description to provide a more robust and responsive SHC feed system. Develop and deploy the PLC programming to implement the change in logic. Address the SHC flow control valve not showing open issue as part of the reprogramming. Kent Bienlien Curt Wieland & Huffman Continue work 13 SBS high high alarm - Reprogram the PLC set point and revise the PLC programming to eliminate dosing system shutdown when this alarm is triggered. Kent Bienlien Huffman Continue work 14 Warning Sign for SBS Fumes - When the SBS system initially starts, fumes can cause irritaton. Install a warning sign on east side of the disinfection basin to provide notification of noxious fumes in the area. Jeff Saltzman In house 15 Effluent Grab Sampler Draw Off - Reconfigure the sample piping draw off location so that the sample is being pulled from the vertical riser. Jeff Saltzman In house 16 West chlorine Panel Discharge Point - Relocate the flow through discharge point of the west chlorine analyzer panel from Pass No. 1 to the dewatering pit in Pass No. 2. Jeff Saltzman TBD 17 Analyzer Panel Weather Protection - Review and select an alternative method to protect operations staff when working in the panels during rain events. Kent Bienlien In-Plant LS Project Additional resources may be needed for installation of the proposed alternative. 18 Vault Groundwater Leaks - Determine a remedy for groundwater leaking into the vaults. Determine the best method of dealing with the water by either adding a sump and/or sump pumps, developing an SOP for dewatering the vaults, or additional crack sealing. Kent Bienlien In-Plant LS Project East and North Vault SOP to dewater. West and Flowmeter vault add small sump pump.Need to estimate leakage rate. * Cost estimates will be developed and updated as information is available. EXHIBIT “C” BREAKDOWN OF COST EXHIBIT “C” COMPENSATION Compensation by City of Omaha (CITY) to Jacobs Engineering Group Inc. (PROVIDER) for the proposed services described in Exhibit B, Scope of Services will be as follows: A. COST REIMBURSABLE-MULTIPLIER (TIME AND EXPENSE) For services enumerated in the Scope of Work above, PROVIDER’s Salary Costs multiplied by a factor of 2.13 Salary Cost Multiplier, plus Direct Expenses, plus a service charge of 10 percent on Direct Expenses and 10 percent on subcontracts and outside services, plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. B. BUDGET Compensation for this Project will be billed on a time and materials basis with a not a not exceed the maximum total amount of four hundred sixty-two thousand six hundred twenty-eight dollars ($462,628 USD) unless approved in writing by the CITY through a contract amendment to this agreement. PROVIDER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is CITY obligated to pay PROVIDER beyond these limits. When budget has been increased, PROVIDER’s excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. C. DIRECT EXPENSES Direct Expenses are those necessary costs and charges incurred for the PROJECT including, but not limited to: (1) the direct costs of transportation and equipment and supplies; (2) PROVIDER’s current standard rate charges for direct use of PROVIDER’s vehicles, laboratory test and analysis, and certain field equipment; and (3) PROVIDER’s standard project charges for computing systems, and special health and safety requirements of OSHA. A summary of PROVIDER’s anticipated staff involvement and hourly billing rates is included in Tables C-1 and C-1.1. Table C-1: Missouri River Water Resource Recovery Facility In Plant Lift Station Modification Project DEN Calgary Allentown,PA DEN To m H e i n e m a n n Do u g S i m o n Ke n t B i e n l i e n Pe r r i n N i e m a n n Jo e l R i f e Ro b e r t M a g a l l o n Ni c k S u t k o No m a B o r d e Sc o t t C h a m p l i n Ma t t C r o w l e y Es t e l l J o h n s o n Ed M e y e r Ja s o n R y s a v y Ki m F r i e s Bi l l H a b e r s t r o h Al P a q u e t St e v e P o l s o n Ad a m N i e l s e n Ke v i n N i e l s e n St e v e T a m b u r i n i Pa t N e l s o n Da v e C u r r a n Mi c h e l l e M c H e n r y Jo n a t h a n J a m e s De n n i s T h o m a s Ja c k W o o Ja m e s W a l k e r Da n i e l M o r s e Ta l i a A s s i St e v e G r a z i a n o Ca r l a A r s e n a u l t Da v a K a i t a l a Jo h n S i c z k a Ex p e n s e s To t a l L a b o r & E x p e n s e 2021 Raw Rate 127.88$ 91.87$ 80.25$ 83.53$ 85.88$ 35.14$ 68.20$ 51.96$ 79.33$ 78.61$ 78.15$ 88.19$ 53.75$ 94.20$ 69.78$ 98.86$ 73.64$ 72.13$ 70.85$ 75.87$ 69.29$ 45.75$ 46.78$ 30.04$ 135.96$ 84.37$ (hours) ($)($)($) 2021 Billing Rate 408.57$ 293.52$ 256.41$ 266.88$ 274.37$ 112.28$ 217.91$ 166.00$ 253.45$ 251.16$ 249.68$ 281.76$ 171.73$ 300.98$ 222.94$ 315.86$ 235.28$ 230.47$ 226.36$ 242.41$ 221.39$ 146.19$ 149.48$ 95.96$ 434.40$ 269.57$ 2022 Raw Rate 94.62$ 81.86$ 87.59$ 82.50$ 90.83$ 87.37$ 94.50$ 66.46$ 97.92$ 76.15$ 97.03$ 47.24$ 64.31$ 41.05$ 2022 Billing Rate 418.79$ 302.32$ 261.53$ 276.49$ 279.86$ 115.64$ 224.44$ 171.81$ 263.59$ 261.20$ 257.17$ 290.22$ 279.16$ 301.92$ 212.34$ 312.85$ 243.30$ 176.88$ 310.00$ 229.63$ 328.50$ 244.70$ 237.38$ 233.15$ 248.47$ 228.03$ 150.94$ 205.47$ 131.14$ 156.95$ 99.80$ 445.26$ 280.90$ Task Description Project Management 8 152 16 40 216 58,113.71$ 58,113.71$ Kickoff Meeting 16 12 12 12 16 12 80 19,636.48$ 3,300.00$ 22,936.48$ Data Collection and Review 16 16 8 16 24 8 88 20,282.39$ 20,282.39$ Condition Assessment of Ohern Grit Facility 4 8 8 16 36 9,719.64$ 9,719.64$ U Street Sewer Evaluation 8 8 12 24 40 8 100 22,145.09$ 22,145.09$ Equipment Evaluation 16 24 16 8 16 12 12 16 4 124 30,288.57$ 30,288.57$ Alternatives Evaluation 16 68 12 12 64 8 12 40 232 53,237.49$ 53,237.49$ Permitting 40 4 44 14,921.04$ 14,921.04$ Conceptual Design of Shortlisted Alternatives 28 108 8 8 224 16 20 12 4 20 100 12 16 8 8 20 80 692 139,689.08$ 2,200.00$ 141,889.08$ Summary Report 4 12 4 4 40 4 4 72 13,557.69$ 13,557.69$ Business Case Evaluation 2 4 2 2 16 4 30 5,525.94$ 5,525.94$ PDIF Wetlands 26 26 6,799.89$ 6,799.89$ CCB Startup Assistance 40 66 106 19,116.91$ 19,116.91$ Permitting 10 10 2,615.34$ 2,615.34$ PDIF 8 110 10 35 163 41,478.81$ 41,478.81$ 8 254 454 58 86 424 56 60 28 48 28 140 0 0 0 0 0 0 10 0 44 20 32 20 20 24 80 35 66 16 0 4 4 2019 457,128.07$ 5,500.00$ 462,628.07$ Table C-1.1: Missouri River Water Resource Recovery Facility In Plant Lift Station Modification Project Task 10 Municipal HW Screenings Compaction System 2 8 4 16 4 8 4 8 54 11,475.99$ 11,475.99$ Task 11 Municipal HW Grit/Dewatering 2 8 4 16 4 8 4 8 54 11,475.99$ 11,475.99$ Task 12 SOIA Clarifier Grease Removal 2 8 4 16 4 8 8 8 58 11,967.03$ 11,967.03$ Task 13 PDIF Improvements Development 20 6 12 48 86 19,507.15$ 19,507.15$ Site Visit and Alternatives Strategizing 16 20 24 24 24 24 24 156 43,334.96$ 4,500.00$ 47,834.96$ QA/QC 8 20 28 7,368.76$ 7,368.76$ Total 22 64 0 36 54 0 0 0 0 0 12 48 32 32 32 20 0 12 0 0 0 0 0 0 0 24 0 0 0 0 436 105,129.88$ 4,500.00$ 109,629.88$ Less Jacobs Contribution in Revenue Terms (109,629.88)$ Cost to City for Tasks in Table C-1.1 $0.00 Total Fee (sum of Table C-1 and C-1.1)462,628.07$ Mileage Rate Current IRS audit rate at time of service Other related consumable supplies (field equipment and supplies, etc.)Actual + 10 percent Postage, freight Actual + 10 percent Travel costs (airfare, hotel, care rental, meals, etc.)Actual + 10 percent Subcontractors and Outside Services Actual + 10 percent Total Labor Non-Labor Rate Items