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RES 1999-2955 - Agmt with HDR Engineering Inc for sludge removal line at Papillion Creek WWTP V P-eS 9 -S ptANHA,A„4, RECEIVFD Public Works Department -�t V; �r�y��,,s.�,Mr Omaha/Douglas Civic Center ga�r�1 LlJ . 1819 Farnam Street,Suite 601 ® + C y November 9, 1999 OCT 29Ati ' "- - �Q: Omaha,Nebraska 68183-0601 L. (402)444-5220 *to FEBR�r. CI '' d., . (i Telefax(402)444-5248 Ofnit_ 1r jl r , Don W.Elliott,P.E. City of Omaha :;1114 Hal Daub,Mayor • Public Works Director • Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Agreement for Engineering Services with HDR Engineering, Inc., for the design of a sludge line for the final clarifier at the Papillion Creek WWTP. Plant treatment capacity will increase by adding a sludge removal line. to the final clarifier. This project is included in the 1999-2004 Capital Improvement Program as part of the Waste Water Treatment Plant Capital Asset Replacement Program. HDR Engineering, Inc., was selected for this project by the professional services selection committee. HDR has agreed to perform the services outlined in Exhibit "A" of the Agreement for $38,366.00. The costs incurred will be paid for from the Sanitary Sewer Improvement Organization 1485, Fund 544. HDR Engineering, Inc., has filed the required Annual Contract Compliance Report Form, CC-1, in the Human Relations Department. As is City policy, the Human Relations Director will review the consulting firm to determine its compliance with Ordinance 28885. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: >70.1",k/ 5/g r 'I — /0.2.fr9 Don W. Elliott, E. Date Mayor's Office/Title Date Public Works Director Approved as to Funding: Approved: c4S/iSCPOL/14.)1- 1 0/2 /9 Louis A. D'ErcoleV.4 ate Kellie Paris Date Finance Director Human Relations Director P:\Pwi\7767maf.doc • AGREEMENT FOR ENGINEERING SERVICES CITY OF OMAHA CLARIFIER AND PUMP STATION MODIFICATIONS PAPILLION CREEK WASTEWATER TREATMENT PLANT '/ THIS AGREEMENT, made and entered into this /5 day of/Y , 1999, by and between the firm of HDR Engineering, Inc., a corporation of the State of Nebraska, with offices at 8404 Indian Hills Drive, Omaha, Nebraska 68114, and hereinafter referred to as the "Consultant", and the City of Omaha, Nebraska, acting by and through its Mayor, hereinafter referred to as the "City." WITNES SETH: WHEREAS, the City desires to engage the Consultant to render professional engineering services as hereinafter set forth for the necessary engineering services as required for Clarifier and Pump Station Modifications at the Papillion Creek Wastewater Treatment Plant,hereinafter referred to as the"Project". WHEREAS, the Consultant is willing to perform such engineering work in accordance with the terms hereinafter provided and does represent that he is in compliance with the Nebraska Statutes relating to the registration of Professional Engineers. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: I. DEFINITIONS Wherever in this agreement the following terms are used, or pronouns used in their stead,they shall have the meaning here given: The "EFFECTIVE DATE" of this agreement shall mean the date mentioned in the first paragraph of this document. "CONSULTANT" shall mean HDR Engineering, Inc. whose business and mailing address is 8404 Indian Hills Drive, Omaha,Nebraska 68114. "CITY" shall mean the City of Omaha, Nebraska, the Mayor of the City of Omaha, or his authorized representative. Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc 1 September 30,1999 •rc I ` To "ABANDON" the work shall mean that a determination has been made by the City that conditions or intentions as originally existed have changed and that the work as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To "SUSPEND" the work shall mean that it has been determined by the City that conditions or intentions as originally existed have changed and that the work as contemplated herein should be ceased on a temporary basis. This cessation or holding in this undetermined state will prevail until such time as a determination can be made to abandon the work or to reinstate under the conditions as defined in this agreement. To "TERMINATE" or the "TERMINATION" of this contract shall be the cessation or quitting of this contract based upon action or failure of action on the part of the Consultant as defined herein and as determined by the City. II. GENERAL DESCRIPTION OF SCOPE The Consultant shall, upon receipt of the Notice to Proceed from the City, perform all the services required under this agreement for the project described above and as outlined in the attached Exhibit "A", Scope of Services, hereby made a part of this agreement. The City reserves the right to amend this agreement to include additional work. The Schedule of Services and Fees and Payment for additional work will be negotiated by the City and Consultant at such time as this work may be authorized. III. TIME OF BEGINNING AND COMPLETION The Consultant shall begin work on the project upon receipt of written "Notice to Proceed" from the City. The work shall proceed in accordance with the schedule mutually agreed upon by the City and Consultant. It is hereby mutually agreed that the City has continuing rights of work progress inspections, and any and all additions, deletions, changes, elaborations or modifications of the services to be performed under the terms of this agreement which may from time to time be determined by the City as desirable or preferable shall be controlling and governing. IV. ABANDONMENT,CHANGE OF PLAN, SUSPENSION AND TERNIINATION The City shall have the absolute right to abandon the project or to change the general scope of services as defined in Section II at any time. Such action on its part shall in no event be deemed a breach of contract. Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc • 2 September 30,1999 • The right is reserved by the City to suspend this agreement at any time or to terminate for just cause. Such suspension or termination may be effected by giving the Consultant fifteen (15)days written notice. If the City abandons work or subtracts from the work as presently outlined, the Consultant shall be compensated on the basis of the percentage completion ratio of the net fee plus actual costs as defined in Section VI. In determining the percentage of work completed, the City shall consider the work performed by the Consultant to the total amount of work contemplated by this agreement. Additions to the scope of work as defined in Exhibit "A" will require negotiation of a supplemental agreement or agreements. For any work beyond the scope of services outlined by Exhibit "A", the Consultant will be required to document the additional work, estimate the cost to complete said work, and obtain written approval from the City before such work begins. V. FINDINGS OF THE CONSULTANT Deliverables provided to the City shall be in accordance with Exhibit A. VI. FEES AND PAYMENTS In consideration of the performance of the Engineering Services as described in this Agreement, the Consultant shall be paid on the basis of per diem plus expenses. Estimated fees as detailed in Exhibit B shall not be exceeded without prior written authorization by the City. Direct Labor Cost shall mean salary and wages at the time services are performed of all personnel engaged directly on the Project, including, but not limited to, engineers, architects, planners, scientists, surveyors, designers, draftsmen, specification writers, estimators, steno, clerical, accounting, and other technical and business personnel but does not include indirect payroll-related costs or fringe benefits. Payroll Cost shall mean the salary and wages at the time services are performed of all personnel engaged directly on the Project, including but not limited to, engineers, architects, planners, scientists, surveyors, designers, draftsmen, specification writers, estimators, steno, clerical, accounting and other technical and business personnel; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation, holiday pay and other group employee benefits. For the purposes of this Agreement, the Payroll Cost is equal to Direct Labor Costs, multiplied by a factor of one and forty one-hundredths (1.40). Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc 3 September 30,1999 'r 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 to Consultant as total compensation for each hour an employee of Consultant works on the Project. Reimbursable Expenses will be paid in addition to Consultant Per Diem compensation. 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. When the basis of compensation is Cost Plus Fixed Fee,the Overhead Multiplier does not include profit. Reimbursable Expenses shall mean the actual expenses incurred directly or indirectly in connection with the Project, including, but not limited to, Subconsultant or Subcontractor costs, transportation and subsistence incidental thereto, obtaining bids or proposals from Contractor(s), providing and maintaining field office facilities, including furnishings and utilities, subsistence and transportation of Resident Project Representatives and their assistants,toll telephone calls, express mail and telegrams,reproduction of reports, drawings, specifications, bidding documents, and similar Project-related items in addition to those required under Section 1, and, if authorized in advance by the City, overtime work requiring higher than regular rates. In addition, Reimbursable Expenses will also include expenses incurred for computer time and other highly specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. Reimbursable Expenses will include a 10% markup over Consultant's cost. The Consultant shall submit monthly invoices which shall be based on the amount of actual costs incurred during the calendar month. The monthly payments shall be based upon the satisfactory prosecution of the work and shall be substantiated by monthly progress reports. The acceptance by the Consultant of the final payment shall constitute and operate as a release of the City for all claims and liability to the Consultant, his representatives and assigns for any and all things done, furnished, or relating to the services rendered by the Consultant under or in connection with this agreement or any part thereof. The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and study activities and shall make such materials available at this office at all reasonable times during the contract period and for three (3) years from the date of final payment under this agreement; such records to be available for inspection by the City and copies thereof shall be furnished by the Consultant, if required. The Consultant shall be responsible to determine when his actual costs will exceed the maximum limiting amount, because of his having under-estimated the cost of work as presently contemplated. When the Consultant determines that actual costs will exceed the maximum limiting amount, he will be required to estimate the additional costs needed to Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc 4 September 30, 1999 complete the work, document the reasons for this additional increase and receive prior approval from the City in writing before any expenditures beyond the limiting maximum amount are incurred. The City shall not be obligated to reimburse the Consultant for costs which have not been approved in excess of the per diem amount. VII. FORBIDDING USE OF OUTSIDE AGENTS The Consultant warrants that he has not employed or retained any company or person, other than bona fide employees working for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or, at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage.fee, gift,or contingent fee. VIII. RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all Claims and Liability due to the negligent activities of himself, his agents or his employees. In this connection the Consultant will carry insurance in the following kinds and amounts: 1. Bodily Injury $250,000 each person, $500,000 each occurrence $500,000 aggregate products and completed operations 2. Property Damage $100,000 each occurrence, $250,000 aggregate 3. Workmen's Compensation Statutory 4. Professional Liability $1,000,000 The insurance specified above shall be maintained until the Consultant's work has been completed and accepted by the City. Proof of insurance coverage shall be furnished by the Consultant,if requested by the City. IX. NON-RAIDING CLAUSE The Consultant shall not engage the services of any personnel or persons presently in the employ of the City for work covered by this Agreement without the written consent of the employer of such persons. X. GENERAL COMPLIANCE WITH LAWS The Consultant hereby agrees to comply with all Federal, State and Local laws and ordinances applicable to the work. Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc 5 September 30,1999 XI. PROFESSIONAL REGISTRATION AND SUBCONTRACTS The Consultant hereby agrees to affix the seal of a registered professional engineer licensed to practice in the State of Nebraska on all reports and plans prepared hereunder except for those plans designed by the City. The Consultant agrees to provide these professional services using staff personnel with specialized skills, experience, and professional qualifications. Any work subcontracted other than that specifically provided by this Agreement shall first have the written approval of the City. XII. ORGANIZATION CHART The Consultant shall furnish the following key personnel for involvement in this project as outlined in this Agreement: Project Manager -Robert C.Riede Any deviations or revisions in these personnel shall be subject to the prior approval of the City. All personnel revisions or replacements shall be made with people of equal ability and experience, in the opinion of the City, and failure of the Consultant to provide capable replacements to the satisfaction of the City shall be basis for termination of the Contract and the method of Contract settlement shall be as outlined in Section IV above. XIII. ARBITRATION Any disputes between the City and the Consultant not disposed of by this Agreement between the parties shall be settled by arbitration as provided by Section 25- 2103 through 25-2120,Nebraska Reissue,Revised Statutes of 1943. XIV. FAIR EMPLOYMENT PRACTICES ACT The Consultant agrees to abide by the provisions of the Nebraska Fair Employment Act of 1965,R.R.S. 1943,48-1101 through 48-1125. XV. SUCCESSORS AND ASSIGNS This Agreement shall be binding on successors and assigns of either party. XVI. SUBLETTING,ASSIGNMENT OR TRANSFER Subletting, assignment or transfer of all or part of the interest of the consultant is hereby prohibited unless prior written consent of the other parties is obtained therefore. Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc 6 September 30,1999 XVII. NONDISCRIMINATION The Consultant shall not, in the performance of this Contract, discriminate or permit discrimination against any person because of race, sex, age, or political or religious opinions or affiliations or disability in violation of Federal or State Statutes or Local Ordinances and further the Contractor shall comply with City of Omaha Ordinance 28885 pertaining to Civil rights and Human Relations. XVIII. CERTIFICATION OF CONSULTANT The attached certification, identified as Exhibit "C" shall be completed by the Consultant and is hereby made a part of this Agreement. XIX. UNEMPLOYMENT COMPENSATION FUND PAYMENTS Before final payment is made by the City to the Consultant of the final three percent (3%) due hereunder, the Consultant shall furnish the City a written clearance from the Commissioner of Labor of the State of Nebraska certifying that all payments due of contributions or interest which may have arisen under this contract have been paid by the Consultant, or its subcontractor to the Unemployment Compensation Fund of the State of Nebraska. XX. CITY SUPERVISION It is hereby mutually agreed that the City shall have responsible supervision of all the services included herein, but no employee of the Consultant or any of its subcontractors or of persons working under the Consultant's direction is or shall be deemed to be an employee of the City. The Consultant shall at all times have or cause to have in force Workers Compensation insurance covering all its employees and those of any subcontractor and those of anyone under its direction and control. XXI. PAYMENTS FOR SERVICES,MATERIAL AND EQUIPMENT The Consultant agrees to pay all persons, firms or corporations, having contracts directly with the Consultant or with subcontractors or Consultant, all just claims due them for the payment of material and equipment furnished, and for the payment of material and equipment rental which is actually used or rented in the performance of this contract. XXII. AMENDMENTS OR ADDITIONS No amendments or additions shall be made to this Agreement except in writing. Future agreements between the parties must likewise be in writing. Clarifier and Pump Station Modifications j n:\general\market\pumpstation.doc 7 September 30,1999 XXIII.FINANCIAL INTEREST Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. A violation of that section with the knowledge of the Consultant, in addition to constituting employee malfeasance, shall be cause for the City to unilaterally terminate or void this Agreement. XXIV. INCREASE OF FEE The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases 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 or the authorization of any additional work 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 pricing features of the Contract will not be significantly revised as a result of amendments not approved in advance by the City Council. Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc 8 September 30,1999 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as to the dates below indicated. EXECUTED by the Consultant this 2 7 day of -L&S& , 1999. ATTEST: HDR ENGINEERING,INC. &-14. 106r- (155-/ . Secr-Q Charles C. Plummer, Senior Vice President EXECUTED by the City this / day of,.�;i -Gl'�s , 1999. ATTEST: - CITY OF •MAHA,NEBRASKA By �' .� _ . CITY CLERK = MAYOR OF THE CITY OF OMAHA 2! ED/S TO FORM! Y ATTORNEY Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc 9 September 30,1999 Exhibit A SCOPE OF SERVICES CLARIFIER AND PUMP STATION MODIFICATIONS PAPILLION CREEK WASTEWATER TREATMENT PLANT SEPTEMBER 30, 1999 TASK SERIES 100-DESIGN PHASE Task 110-Project Guide and Project Management. A Project Guide will be prepared for the project. It will establish guidelines and standards for the technical development of the Bidding Documents. The guide will contain a scope of work, schedule, project team and communication directory and project procedures. This task also includes overall project management over the course of the project. Task 120-Background Information/Site Visit. The ENGINEER's design team will meet with the OWNER at the site to gather existing information including groundwater records, existing equipment information and field measurements to be used in the detailed design development. A review and selection of the approach will also be discussed and finalized with the Owner at this time. Task 130-Bidding Document Development. ENGINEER will prepare drawings and specifications for bidding purposes for the following items: • Clarifier Piping. A new 8-inch diameter pipe will be added to the sludge draw off pocket of Final Clarifier FC-705. Two alternatives for the construction of this new piping will be presented in the Bidding Documents. The first alternative will route the line from the clarifier sludge pocket, through the existing 24-inch line, and terminate it in a vault adjacent to the clarifier. From that vault, the line will be routed underground to Pump Station 701. The configuration of the new piping and vault will allow the existing 24-inch piping to be reconnected with minimal construction effort should facility operations change. The second alternative will provide for the new 8- inch line to be bored and jacked under the clarifier slab and into the existing sludge pocket. Once out from under the clarifier slab, the line would be routed to Pump Station 701. These alternatives will be bid as separate bid items on the Bid Form. • Sludge Flow Control Valve. A new sludge control valve will be added in the lower level of Pump Station 701 to control the flow from FC-705. The valve type and size will match the existing units. • Electrical and Instrumentation. Electrical and instrumentation associated with the addition of the new pneumatic flow control valve will be designed. Programming to incorporate the control into the plant PLC system will be done by the City. Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc A-1 September 30, 1999 Drawings will be developed using AutoCadd, Version 14. Specifications will be prepared in Construction Specification Institute (CSI) 3 part format and will be based on the ENGINEER's master specifications. Engineering Joint Council Document Committee (EJCDC) general conditions will be used. Final deliverables will consist of one set of half size (15" x 21") reproducible drawings, one set of specifications and a CD containing electronic drawing files and specifications (Microsoft Word 97). Task 140-Quality Control Reviews. Quality control reviews will be conducted at the 95 percent benchmark by senior staff not directly involved in the project. Documents developed for the 95 percent benchmark will be internally reviewed for completeness, document coordination, and constructability. Three sets of bidding documents will be delivered to the OWNER for review and comment. Responses to comments will be prepared and distributed. Task 150-Opinion of Probable Construction Cost. An opinion of probable construction cost will be provided at both the 50 and 95 percent benchmarks. Format will follow CSI,Divisions 1-16. TASK SERIES 200-BIDDING PHASE SERVICES Task Series 210-Bidding Phase Assistance. HDR will provide interpretations to the Bidding Documents that arise during the bidding period. If required, HDR will develop up to two addenda to clarify issues for the bidders. One hard copy of each addenda will be provided to the City for its duplication and distribution. Task Series 220-Prebid Construction Meeting Support. HDR's Project Manager will attend the prebid meeting and respond to questions concerning the bidding documents. The City will conduct and document the prebid meeting. Task Series 230-Bid Evaluation. HDR will provide an evaluation of the bids and a recommendation to the City for bid award. Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc A-2 September 30, 1999 • co .0 co 7 — c:, coo M N O O 0 0 O O 0 0 Q> • y M el •i. . O et b 0 kr1 b9 CO M O 7 N (A 00 0 = 69, H3 69 O F. C') O m CO E a) o 1- m 00 0 co 0 0 0 N 0 N 0 {{ C "7 V') \) U .L u U Ga 0 7 0 0 O ' N 0 0 N 0 Z A. c u _ U) W 0 co I. W , O 0 O c::. M O 0 el N O O N v1 1 En U F. 0 F O O g x W g e of F OW Z F W aAA+ c '" W v z a w z G co Z o O N N o o N M ;".• 0 �" 4 / a F. N N ,- A a W C A ° 0 W e w .G •.••..)' U g a a a F w 1, w •SFr 0 5 F a F W La 0) O O 0 N N N O O N V in en , (3� V G W y::-. O V O O 11:3 o 00 0 0 00 00 { .r �+ w •-'-=t 0 o CD v C. 'Tr0 0 0 0 'I- i • ; I;: c 'y. O NN r — N C ,�"a 4.1 Ir Tie, y CO . �,14 .0 . G. CO 0 S. it Uy, .0CD E;', �v O a (02 161 ILIcn W • O Z O Cp .7.;.y p O U w o • o F c cn y C L F CL E j •cai .a a .a :�.:'� • o v) a • E o 0 3 U 4 c i O w,;rj, E -, d „ ,� F A 5_ F g aq, Wx c p (4 o '' :4- co o �" U - o 0 c c C) 2 c c .,.,'•M1 u 0 COC N a 0. Cl?~ N c0 . 0 N - _. tv � 4 Z „ W = c Q (j fzl w a. O CO w ., CO tto O •G 'a1' 2 on y o ^W7 'a1' on U *�7 Q 0.. U c 161 W. ~� ON cU W ccii O v •^ •E W w ,Ca U io ] W '' a v) g < •n = a. 00 Cl) •0 61 -a Cl) _ . x .4 d o 'A < o o a d d C d o N ( C o r3 w U 0., M F F F F N N N F F . . Exhibit C Contract Compliance During the performance of this Contract, the Consultant agrees as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The Consultant shall take affirmative action to insure that applicants are employed and that 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 advertising or by other means); compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Consultant agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the consulting officers setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 3. The Consultant 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 of worker's representative of the Consultant's commitments under the Equal Employment Opportunity Clause of the City of Omaha and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant 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 the Contract Compliance Ordinance, 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 and only after reasonable notice is given to the Consultant. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc C-1 September 30,1999 5. The Consultant 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, provided, however, that in the event the Consultant 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 the Ordinance and in the case of contracts receiving Federal assistance, the Consultant or the City may request the United States to enter into such litigation to protect the interests of the United States. 6. The Consultant shall file and shall cause his subcontractors, if any, to file compliance reports with the Consultant 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 at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Consultant and his subcontractors. 7. The Consultant shall include the provisions of Paragraphs 1 through 7 - of this Section, Equal Employment Opportunity Clause and the Contract Compliance Ordinance in every contract or purchase order so that such provisions will be binding upon each subcontractor or vendor. Date: September 30, 1999 Signature: Title: Senior Vice President Company: HDR Engineering, Inc. Clarifier and Pump Station Modifications n:\general\market\pumpstation.doc C-2 September 30,1999 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr November 9, 19 99 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, there is a Capital Asset Replacement Program for the Waste Water Treatment Plants included in the 1999-2004 Capital Improvement Program for replacements, reconstruction, and upgrades within the existing plants; and, WHEREAS, adding a sludge removal line to the final clarifier at the Papillion Creek WWTP will increase the treatment capacity of the plant; and, WHEREAS, HDR Engineering, Inc., has agreed to provide a design for the sludge removal line in the attached Agreement for Engineering Services, which by this reference becomes a part herein, for the sum of$38,366.00; and, WHEREAS, this sum will_ be paid from the Sanitary Sewer Improvement Organization 1485, Fund 544. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Agreement for Engineering Services between the City and HDR Engineering, Inc., for the design of a sludge removal line for the final clarifier at the Papillion Creek WWTP, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the sum of$38,366.00 from the Sanitary Sewer Improvement Organization 1485, Fund 544. APPROVED AS TO FORM: P:\PW1\7768maf.doc // __// ITY ATTORNEY DATE By @La 2 A'47711LCIL Councilmember Adopted 4:..1999. dr.. �!• .�h�� - City/ erk eApproved ..� _.f : ay...1/ a • Y i GC •N •* O ,, C • 0 Y 't ;s'' ,_ C 0 C; z p+ C O a `D F--� 4 a Q o y�q C O O co t�. CI cn CD W •i : CD 14. Z t Cro 43 'k --. \ , o CD Tn.. R, * • n , � cu n `, C �-CD 0 UQ• •-t n N• ..t A, . o O O Q. CD x •: . - Q."C O ¢' CCD C Cf ..,...4„..,/ t.,.;_, 1 • 3-1-e€N. s.,