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RES 1999-3243 - Agmt with Black & Beatch Corporation for grit removal and odor control systems for Burt-Izard pumping station +7 1 n' '` / 5. - �pRAHA,,,,,.. ie.571L3a93`;`,��1 j,,rQ Publicrks Department s r �Imp- - '�011 1 (� Omaha/Douglas Civic Center x ��r�lr(� «y�:�„ � �ijE'+� 1819 Farnam Street,Suite 601 ,` e® 1" i$ -� 10. Omaha,Nebraska 68183 0601 o •. ..1 ei ._,• • December 14, 1999 + -.,, �Ary, ,I f.; (402)444-5220 °�4T eo " °NA HA lAL`'ii,, Telefax(402)444-5248 City of Omaha ' s•:.g: Don W.Elliott,P.E. 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 the Black & Veatch Corporation for the conceptual design of grit removal and odor control systems for the Burt-Izard Pumping Station. This project is included in the 1999-2004 Capital Improvement Program as Environmental Project No. 501, Capital Asset Replacement Program. The attached Agreement authorizes Black & Veatch Corp. to gather data, to investigate alternatives, to prepare a preliminary design, and a cost estimate for the project. Details of the project are included in Attachment"A"to the Agreement. Black & Veatch Corp. has agreed to perform the engineering services detailed in the agreement for a fee of $45,000.00. This cost will be paid from the Sanitary Sewer Improvement Organization 1485, Sewer Revenue Improvement Fund 544. Black & Veatch Corp. was selected by the Architectural/Engineering Selection Committee for this project. Black & Veatch 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, Referre to City C uncil for Consideration: '+...---- Nr . )'\) 5:kkil. /,_,)„, //73979 Don W. Elliott, P.E. /Date Mayor's Officer Date Approved: Approved as to Funding: e )54) -PLAA-,4,-- ALWILA I i4q/ /g ' N f//.7 52 j lie aris-Asaka ate ` Louis D'Ercole Da e Human Relations Director Finance Director P:\PW 1\9868skz.doc 0 I LA AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Omaha (Owner) and Black & Veatch Corporation (Engineer); WITNESSETH : WHEREAS, Owner intends to improve grit processing and odor control facilities at the Burt- Izard Wastewater Pumping Station (the Project); and, WHEREAS, Owner requires certain engineering services in connection with the Project(the Services); and, WHEREAS, Engineer is prepared to provide the Services; NOW THEREFORE, in consideration of the promises contained in this Agreement, Owner and Engineer agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be ARTICLE 2 - GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the laws of the state of Nebraska notwithstanding the operation of any conflict or choice of law provisions to the contrary. • mn l0/29/99 1 ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services. ARTICLE 4 - COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation. ARTICLE 5 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities. ARTICLE 6 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. No other warranty, express or implied, is included in this Agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the Engineer's fee for the Services, and in consideration of the promises contained in this Agreement, Owner and Engineer agree to allocate and limit such liabilities in accordance with this Article. 7.2 Indemnification. Engineer and Owner each agrees to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Engineer and Owner, they shall be borne by each party in proportion to its own negligence. 2 mn10/29/99 ; • 7.3 Consequential Damages. To the fullest extent permitted by law, Engineer shall not be liable to Owner for any special, indirect, consequential, punitive or exemplary damages resulting in any way from the performance of the Services. 7.4 Survival. Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is terminated for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, Engineer shall maintain the following insurance: (1) General Liability Insurance,with a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate. (2) Automobile Liability Insurance, with a combined single limit of$1,000,000 for each person and $1,000,000 for each accident. (3) Workers' Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance, with a limit of$500,000 for each occurrence. (4) Professional Liability Insurance, with a limit of$1,000,000 annual aggregate. Engineer shall, upon written request, furnish Owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty days' written notice to Owner. All Project contractors shall be required to include Owner and Engineer as additional insureds on their General Liability insurance policies, and shall be required to indemnify Owner and Engineer to the same extent. Engineer and Owner waive all rights, and shall require their insurers to waive rights of subrogation, against each other and their directors, officers, partners, commissioners, officials, agents, and employees for damages covered by property insurance during and after the completion of the Services. If the Services 3 mn 10/29/99 result in a construction phase of the Project, a similar provision shall be incorporated into all construction phase contracts entered into by Owner and shall protect Owner and Engineer to the same extent. ARTICLE 9 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any Contractor, subcontractor, vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to comply with federal, state, or local laws, regulations, and codes; or (3)procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE 10 - OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet Project schedules, Engineer's opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a professional engineer. Engineer does not guarantee that proposals, bids, or actual Project costs will not vary from Engineer's cost estimates or that actual schedules will not vary from Engineer's projected schedules. 4 m n 10/29/99 ARTICLE 11 - REUSE OF DOCUMENTS All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. Owner shall defend, indemnify, and hold harmless Engineer against all claims, losses, damages, injuries, and expenses, including attorneys'fees, arising out of or resulting from such reuse. Any verification or adaptation of documents will entitle Engineer to additional compensation at rates to be agreed upon by Owner and Engineer. ARTICLE 12 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Engineering documents,.drawings, and specifications prepared by Engineer as part of the Services shall become the property of Owner when Engineer has been compensated for all Services rendered, provided, however, that Engineer shall have the unrestricted right to their use. Engineer shall, however, retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineer. ARTICLE 13 - TERMINATION This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to Owner. If termination or suspension is for Owner's convenience, Owner shall pay Engineer for all the Services performed and termination or 5 mn 10/29/99 •r - •t suspension expenses, including, but not limited to, demobilization, remobilization and cancellation charges. Upon restart, an equitable adjustment shall be made to Engineer's compensation. ARTICLE 14 - DELAY IN PERFORMANCE Except for Owner's payment obligation, neither Owner nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage;judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Engineer shall be entitled to an equitable adjustment in schedule and compensation in the event such circumstances occur. ARTICLE 15 - COMMUNICATIONS Any communication required by this Agreement shall be made in writing to the address specified below: Engineer: Black & Veatch Corporation 8400 Ward Parkway Kansas City, MO 64114 Attention: Mr. Steven D. Phillips Owner: Public Works Department Missouri River WWTP 5600 South 10th Street Omaha, NE 68107 Attention: Mr. Harold Flatoen 6 mn 10/29/99 '. 4 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 16 - WAIVER A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. ARTICLE 17 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. ARTICLE 18 - INTEGRATION This Agreement represents the entire and integrated agreement between Owner and Engineer. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Agreement. ARTICLE 19 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns, and legal representatives to the other party to this Agreement and to the directors, officers, partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all provisions of this Agreement. 7 mn 10/29/99 ARTICLE 20 -ASSIGNMENT Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent of the other party, except that Engineer may do so to any of its related, affiliated, or successor entities upon written notice to Owner of same. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the Services. ARTICLE 21 - THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer. ARTICLE 22—FINDINGS OF THE CONSULTANT All reports, schedules, records, or other documents coming into the possession of the Consultant, relating to this Design, shall be provided to the City by the Consultant. The Consultant is not, however, required to provide the City with its own correspondence file and original working papers developed as a result of this work under this Agreement. The Consultant shall make copies available to the City of its correspondence and original working papers relating to the project as may be requested. In accord with the provisions of Ordinance No. 32734, passed by the City Council on July 14, 1992, three copies of the final report will be provided to the City of Omaha for distribution by the Consultant as follows: one copy to be sent to Mr. Buster Brown, City Clerk and two copies sent to the City Council in care of Louis Andersen, City Council Assistant, at the Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, NE 68783. These copies shall be in addition to any copies provided to representatives of the Public Works Department and shall be issued simultaneously with any other issuance. 8 m n 1 1/3/99 • ARTICLE 23—FORBIDDING USE OF OUTSIDE AGENTS The Consultant warrants that he has not employed or retained any company or person, other than bonafide 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. ARTICLE 24—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. ARTICLE 25—GENERAL COMPLIANCE WITH LAWS The Consultant hereby agrees to comply with all Federal, State and Local laws and ordinances applicable to the work. ARTICLE 26—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 and subconsultant 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. 9 mn 10/29/99 t► ARTICLE 27—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. ARTICLE 28—NONDISCRIMINATION The Consultant shall not, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, creed, national origin, or political or religious opinions or affiliations in violation of Federal or State or Local Ordinances. ARTICLE 29—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. ARTICLE 30—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. ARTICLE 31—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. ARTICLE 32—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 10 mn 10/29/99 w 11• constituting employee malfeasance, shall be cause for the City to unilaterally terminate or void this Agreement. 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. ARTICLE 33 —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. IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement. `may r CITY OF OMAHA.._ BLACK& VEATCH CORPORATION By !T A-C , D/4t•t By t Title le) t Hj De Title .,cc2,-p,,e5ick Date 1 a/iy/97 Date /0'Z9--99- APPROVED AS TO FORM: DEPUTY CITY ATTORNEY 11 mn 10/29/99 1 4 ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Omaha Engineer: Black & Veatch Corporation Project: Grit Handling Improvements and Odor Control Burt-Izard Wastewater Pumpand Grit Facility Y DESCRIPTION OF SCOPE OF SERVICES This scope describes engineering services the Engineer will provide to the Owner in connection with improvements to the Burt-Izard Pumping Station. Services include the development of a conceptual design of new grit removal and odor control systems. Engineering services for the detailed design, preparation of construction drawings and documents, and bidding services will be defined by supplement to this agreement following the completion of the Conceptual Design. The following paragraphs describe work tasks to be completed during each phase of the project. Work on Phase I will begin within 30 calendar days after the execution of this Agreement. Engineer's staff for the project will include Derek Cambridge as Project Engineer and Doug Nolkemper as Odor Control Specialist, unless otherwise approved by Owner. PHASE 1 —CONCEPTUAL DESIGN 1. Provide administration and management of conceptual design phase. Review ongoing activities. Monitor schedule and budget. • 2. Conduct a telephone conference call with the Owner to verify the project scope and schedule, and to discuss preliminary alternatives for evaluation. 3. Review available grit processing and disposal records for Burt-Izard and the North inlet of the Missouri River WWTP. Visit both the North Inlet and Burt-Izard Pump Station to review aspects that may affect selection of grit processing systems. Review existing structures for compliance to current building codes and ventilation requirements. Identify existing modes of operation and procedures. Provide a letter to Owner summarizing the information gathered during site visits and inspections. 4. Determine grit quantities including patterns in dry and wet weather periods. 5. Research and evaluate information on alternative grit removal and processing technologies applicable to the Burt-Izard Pump Station and/or the North. mn 10.29.99 A-1 6. Review as-built profiles of the pipeline between the Burt-Izard Pumping Station and North Inlet. Determine possible locations of grit accumulation in the pipeline and • hydraulic characteristics of the pipeline. Review available shop drawings for main pumps at Burt-Izard. 7. Characterize and quantify odors at the Burt-Izard Pumping Station to determine most effective and economical odor control methods. Provide direction to Owner's staff who will be collecting odorous air samples. Sampling will include collecting H2S samples using Owner's equipment and collecting bag samples for laboratory analysis. 8. Attend one meeting with Owner to review preliminary findings and select grit removal and odor control options for further study. Up to three options will be selected. 9. Analyze each of the three options to determine their application for this project. Prepare outline sketches of layouts for each option. Sketches will include floor plans and a section illustrating the key elements of the alternative. Assess each option for the following issues: - Adequacy of space and available hydraulic head. - Requirements for structural modifications. - Reliability. - Pipeline hydraulics. - Health and safety. - Operations and maintenance consideration. - Ventilation and odor control requirements. - Preliminary opinion of 20-year life cycle costs based on data from Engineer's files and published data. 10. Summarize the data developed during the analyses. Review the data and make a preliminary recommendation on the best alternative to improve the grit handling and odor control systems. Provide a letter to Owner describing the results of the analysis and indicating which alternative is recommended for implementation. 11. Attend one workshop with the Owner's staff in Kansas City to review the results of the analysis and determine the most appropriate alternative for improvements. Discuss possible implementation schedule. 12. Prepare a memorandum report which summarizes the results of the analysis and describes the improvements which were identified for implementation at the workshop. The report will include a description of the recommended improvements, present sketches which illustrate proposed layout of the new facilities, and detail projected costs and schedule for the project. mn10.29.99 A-2 13. Review the report with Owner. Revise as required and provide five (5) final copies of the report to Owner. mn10.29.99 A-3 y. ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Omaha Engineer: Black & Veatch Corporation Project: Grit Handling Improvements and Odor Control Burt-Izard Wastewater Pump and Grit Facility COMPENSATION For the services covered by this Contract, the Owner agrees to pay the Engineer as follows: A. For PHASE I—CONCEPTUAL DESIGN SERVICES described in Attachment A— Scope of Services, an amount equal to the Engineer's salary costs times 2.90, plus reimbursable expenses and subcontract billings at cost. The maximum billed for these services shall not exceed $45,000 without further authorization. B. For supplemental services as described in Attachment D, an amount equal to the Engineer's salary costs times 2.90 plus reimbursable and subcontract expenses at cost. Each item of supplemental services shall be specifically authorized by the Owner, and a maximum billing limit shall be established before the work is started. The amount billed for each item of supplemental services shall not exceed the amount established for it without further authorization. Additional amounts for supplemental services may be authorized, if necessary, as the work progresses. C. The following expenses are reimbursable under salary multiplier work item: 1. Travel, subsistence, and incidental costs. 2. Use of motor vehicles on a mileage basis or rental cost basis for vehicles used for short periods. Mileage basis shall be 31 cents per mile. 3. Telegraph costs, long distance telephone costs, and project "onsite" telephone costs. 4. Reproduction of reports, drawings, and specifications. 5. Postage and shipping charges for project-related materials. 6. Computer time charges including program use charges. 7. Rental charges for use of equipment, including equipment owned by the Engineer. 8. Cost of acquiring any other materials or services specifically for and applicable to only this project. 9. Subcontract costs including those for soils and geotechnical investigations and reports, testing laboratory services, surveying and mapping services, assistant engineers, and other subcontract services. 10. Charges of special consultants requested or authorized by the Owner. mn10/29/99 B-1 s ' 4 11. Special insurance coverage required by the Owner, including the cost of naming the Owner as an additional insured. 12. Local taxes or fees applicable to the engineering work or payments therefor. 13. Charges for review of drawings and specifications by government agencies, if any. 14. Cost of acquiring any other materials or services specifically for and applicable to only this project. F. The Engineer agrees to use its best efforts to perform the services within the billing limits stated above and in accordance with the agreed upon performance schedules. If, at any time, the engineer has reason to believe that the cost of the services will be greater or substantially less than the billing limits, the Engineer shall promptly notify the Owner to that effect, giving a revised billing limit for performance of the services. G. Periodic payments shall be made to the Engineer by the Owner based on the Engineer's statement. The statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. Each invoice shall be accompanied by a progress report prepared by Engineer's Project Manager. The report shall describe in narrative form the work accomplished during the period covered by the invoice and present a summary of the status of the project to date. The summary shall address the project schedule, budget, and any significant changes in the scope of the work. The entire amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-1/2 percent per month from the billing date shall be due for accounts which are not paid within 60 days after the billing date. H. It is understood and agreed that the maximum billings are based on the start of the services being authorized not later than the dates given below. If start of services is not authorized by the dates given, it is understood and agreed that the fixed fees and total costs will be adjusted accordingly by a supplement to this Agreement. The authorization dates are as follows: Item Date PHASE I—CONCEPTUAL DESIGN SERVICES 100 Calendar days following Notice to Proceed I. It is understood and agreed that if the project, after being started in any phase, is stopped in that phase for the Owner's convenience for more than 30 days, but not more than 60, the Owner will pay the Engineer a fee equal to the payroll cost plus 15 percent plus expenses of the project team assigned to that phase, so that Engineer can maintain the project team. If delay extends beyond 60 days then, at the Owner's option, either this basis of payment will be extended without further notice from the Owner, or upon written notice from the Owner to disband the project team, the project mn10/29/99 B-2 ' f • s a project team will be disbanded. If the team is disbanded and the work is restarted at a later date, the Owner will pay the Engineer a restart fee equal to 10 percent of the original contract amount for that phase. All payments for project suspension and restart will be in addition to the original contract amount. I. It is understood and agreed that the Engineer shall start the performance of the design and preaward services within ten days of receipt of notice to proceed and submit review drawings to the Owner for review within 150 net calendar days from the start of services. mn10/29/99 B-3 ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Omaha Engineer: Black & Veatch Corporation Project: Grit Handling Improvements and Odor Control Burt-Izard Wastewater Pump and Grit Facility OWNER RESPONSIBILITIES Owner agrees to furnish information and have work done without cost to the Engineer, as follows: 1. Furnish copies of all drawings, equipment specifications, records, correspondences, and other data that are available in Owner's files and which may be useful in the work involved under this Agreement. 2. Provide a list of existing HVAC and raw wastewater pumping equipment in the pumping station with manufacturer, model number, serial number, and equipment ratings identified. 3. Prepare all bidding and contract documents except drawings and technical specifications. 4. Issue copies of bidding documents to prospective bidders. 5. Furnish the services of at least one Public Works employee who is knowledgeable about the Burt-Izard Pumping Station to assist the Engineer during field investigations. 6. Perform all odor control samplings as agreed to with Engineer. mn 10/29/99 C-1 ATTACHMENT D TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Omaha Engineer: Black & Veatch Corporation Project: Grit Handling Improvements and Odor Control Burt-Izard Wastewater Pump and Grit Facility SUPPLEMENTAL SERVICES Any work requested by the Owner that is not included in Attachment A—Scope of Services will be classified as supplemental services. Supplemental services, which may be performed only after development and approval of a mutually agreeable scope and cost. mn10/29/99 D-1 • C-25A 4. CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr December 14, 19 99 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, various improvements and upgrades to the existing wastewater treatment plants were approved in the 1999-2004 Capital Improvement Program as Project No. 501, the Capital Asset Replacement Program; and, WHEREAS, one of the projects is upgrading the Burt-Izard Pumping Station to include grit removal and improve the odor control system; and, WHEREAS, the Black & Veatch Corporation has agreed to perform the engineering services in Attachment "A" to the Agreement, which by this reference becomes a part herein, and which includes data acquisition, investigation of alternatives, preliminary design, and a cost estimate for the project; and, WHEREAS, Black & Veatch will perform the services listed for the fee of $45,000.00 which will be paid from the Sanitary Sewer Improvement Organization 1485, Sewer Revenue Improvement Fund 544. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Agreement for Engineering Services with Black & Veatch Corporation to provide a preliminary design for grit removal and odor control systems for the Burt-hard Pumping Station is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the sum of$45,000.00 from the Sanitary Sewer Improvement Organization 1485, Sewer Revenue Fund 544. APPROVED AS TO FORM: 77 Y ATTORNEY DATE P:\PW I\9869skz.doc PCW*-0 C2 7\inVbelke By Councilmember Adopted EC 1 4 1999 ; -o /' . City •. k r� Approved A . L L r!`//� ayor CD CD • • ,'o ) �" _. O p, (� O 0opzi CD CD C� a' CD CDC, >n CDCD � � d CD o a C v C „c Cf4�. . i o'ICI 5 CDo Ea ,p p'' .� o �' 0 -. o H, CD r—' CD U. CCDD c',-< O ." 0, O Orq . <*c? - ej2cC :C/ •