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RES 2018-1162 - Agmt with CH2M Hill for CMOM Asset management program phase 1 projectCity of Omaha jean Stothert, Mayor Honorable President and Members of the City Council, Public Works Department Omaha/Douglas Civic Center 1819 Farnam Street, Suite 601 Omaha, Nebraska 68183-0601 (402) 444-5220 Fax (402) 444-5248 Robert G. Stubbe, P.E. Public Works Director Transmitted herewith is. a Resolution approving a Professional Services Agreement with GH2'M Hill to provide professional services on the CMOM Asset Management Program Phase I Project. This Agreement includes AM Program Visioning Services, and additional services as identified in the attached agreement. CH2M Hill has agreed to perform these services for a fee not to exceed, $99,083.00, to be paid from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2018 expenditure. CH2M Hill has filed the required Contract Compliance Report, Form CC-1, as determined by the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. spectfully submit , L`Flobert G. Stubbe; P.E. Date Public Works Director Approved as to Funding: Ste a Curtiss Date Finance. Director - 2239Cgrp Approved: F anklin T. lrhomlpsl Date Human Rights and I ions Director Referred to City Council for Consideration: S- Mayor's Office Date City Clerk Office Use Only: RESOLUTION NO. J I V&� CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Publication Date (if applicable): Agenda t $ Date: Department: ��91►_G�� lC _J WHEREAS, professional engineering services are needed in conjunction with the CMOM Asset Management Program Phase I Project; and, WHEREAS, CH2M Hill was selected by the Architects and Engineers Selection Process and has agreed to provide professional services as listed in the attached Professional Services Agreement, which by this reference is made a part hereof-, and, - WHEREAS, CH2M Hill has agreed to perform -these services for a fee not to -exceed $99,083.00 to be paid from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2018 expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor; the Professional Services Agreement with CH2M Hill to provide professional services on the CMOM Asset Management Program Phase I Project, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $99,083.00 from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2018 expenditure. 2239grp Adopted: DEC 18 2018 Attest: APPROVED AS TO FORM ITY ATTORNEY DATE City Clerk O Approved: J� Mayor PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into thisAD day of �, , by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and CH2M Hill Engineers, Inc (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below and as appended through the incorporation of Exhibit "D". All references to "Contractor" shall mean "Provider". I. PROJECT NAME AND DESCRIPTION CMOM Asset Management Program Phase I, Development of Sewer Asset Management Program Project Plan and Process. II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Proposal attached hereto, for the City, relative to the above -referenced project which is illustrated in Exhibit `B" attached hereto. Such services shall be completed within a 240 day period after receipt of a purchase order from the City. B. Provider designates Emily Holtzclaw, P.E., whose business address and phone number is 222 S 15th St, Suite 1402-S, Omaha, NE 68102, 402-609-7510 as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five (5) years after the expiration of this Agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers, employees, and subcontractors. E. Provider agrees to complete, within 240 calendar days of receipt of a purchase order from the City, the necessary services. The City recognizes that completion within this deadline is contingent upon timely response from utilities and City input. F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's Human Rights and Relations Department prior to signing the agreement. III. DUTIES OF CITY City designates Steve Andersen, whose business address and phone number are 6880 Q St, Omaha, NE 68117, 402-444-5265 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. 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 $99,083.00. Detailed breakdown of costs shall be shown in Exhibit "C". B. Reimbursable expenses shall be billed to the City by the Provider. C. INCREASE OF FEES The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent, if the original fee is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this section will be quoted in all future City contracts. Nothing in this section is intended to alter the authority of the Mayor under section 5.46 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 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 cant' professional liability insurance in the minimum amount of one half million dollars and shall cant' workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. V III. 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 parry's own negligence. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the Provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the Provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, 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. 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. G. Modification. This Agreement contains the entire Agreement of the parties. No representations were made or relied upon by either party other than those that are expressly 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. H. Assignment. The Provider may not assign its rights under this Agreement without the express prior written consent of the City. I. Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. J. 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 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. K. 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. L. 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.govl 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. M. 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. t 2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, 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. N. 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. EXECUTED this day of CSC/l O ATTEST tty Cl APPROVED AS TO FORM: Deputy.City Attorney Revised: 11/2017 jAI CITY OF OMAHA, A Municipal Corporation By s Mayor Exhibit B SCOPE OF SERVICES Asset Management Program Phase 1— 2018-2019 Work Plan This Scope of Services is Exbibit B to the Standard Agreement for Professional Services between CH2M HILL Engineers, Inc., a wholly owned subsidiary of Jacobs Engineering Group Inc. (Provider), and the City of Omaha Public Works Department (City) for a project generally described as the Asset Management Program Phase 1 - 2018-2019 Work Plan Project (PROJECT). Project Understanding With this PROJECT, the City intends to utilize information gathered during the previous Capacity, Management, Operation and Maintenance (CMOM) Gap Analysis project to begin development and implementation of a long-term Asset Management (AM) Program for the City's wastewater collection system. The purpose of this PROJECT is to provide professional services for Phase 1 of a long-term AM Program by completing a Work Plan (WORK PLAN) for AM Program planning activities in 2018 and 2019, following industry standards and in general alignment with the International Infrastructure Management Manual (IIMM) and the International Organization for Standardization (ISO) 55000. In the short term (years 2018 and 2019), the City intends to use the WORK PLAN developed as part of this Scope of Services as a guide, while fleshing out a detailed long-term AM Program to begin implementation in 2020 and to ramp up to full AM Program implementation by 2024. In the long term (2025 and beyond), this effort will result in an ongoing AM Program for the sanitary and combined sewer service areas that will continue to be refined and evolve as needed over time. This initial 2018 and 2019 AM Program planning period is critical to allow the City to proactively develop the framework for decision making to support a long-term AM Program that meets the City's and customer's needs, identifies and benchmarks level of service (LOS) performance metrics, effectively manages risks, and demonstrates to Regulators and the community the City's intentions for implementing a fiscally responsible and effective AM Program in the long term. This WORK PLAN Scope of Services is intended to be a road map and foundation for a future, comprehensive risk -based decision making process integrated into an ongoing AM Program. Therefore, additional work will be required following this scope. Building on tasks completed for the previously contracted CMOM Gap Analysis Project, the following Tasks will be completed by the Provider as part of this PROJECT: • Task 1: AM Program Visioning • Task 2: Develop Risk -based Decision Making Procedure • Task 3: Develop 2018-2019 WORK PLAN OMAIEXHI BITB_OMAHA_AMP_SCOPESERVI CES_REV4 CITY OF OMAHA - ASSET MANAGEMENT PROGRAM PHASE 1 - 2018-2019 WORK PLAN Project Management activities such as establishing and maintaining effective communication, periodic progress reports and invoicing, and project scope, schedule, and budget control throughout the duration of the PROJECT will be incorporated into the individual tasks listed above. The tasks for the PROJECT are described in greater detail below. ARTICLE 1 - Scope of Services The Provider shall provide professional services to the City to complete the PROJECT. It is understood that Mr. Steve Andersen will serve as the City's representative throughout PROJECT execution. Emily Holtzclaw will serve as the Provider's Project Manager. Task 1 - AM Program Visioning Task 1.1 PROJECT Kick-off Meeting and Review/Gather Information and Data At the beginning of the PROJECT work, the Provider will review information and data previously provided by the Sewer Maintenance Division and other Public Works (PW) Department staff. Additional and more specific information and data will likely be requested during the course of the PROJECT. Although not anticipated, if specific asset data are not documented and require extensive staff interviews to gather, the Provider will notify the City of the estimated additional effort required before beginning to gather that information. Examples of the information and data already provided by the City and what may be requested include, but are not limited to, the following: Detailed organizational charts Service area maps showing vertical and linear assets Expense Budget by line -item' Master Plans / Facility Plans Capital Budget by project I Description of facilities and site plans Actual expenditures by line item and project 2 Asset register (i.e., inventory with detail) Staffing levels by position Operating reports 2 Position descriptions Maintenance / repair records 2 Employee tenure by position Maintenance schedules and job plans Employee turnover by position 2 Standard Operating Procedures Staffing and organizational reports Condition and performance assessment results Overtime records 2 Safety inspection reports 2 Description of staffing by facility and shift Levels of service targets and actual 2 Description of stand-by / on -call staffing Performance measure targets and actual 2 Safety incident reports 2 Description of CMMS, GIS, other IT applications Description of training program Work order reports (open, completed, backlog, etc.) I Current, proposed, and past 3-years 2 Year-to-date and past three years Provider will facilitate a kick-off meeting with the key Provider and City management and operational staff selected by the City for participation in the Utility Asset Management (UAM) Team (described below). The purpose of the meeting will be to: Present an overview of industry standard AM Program objectives and products; OMAIEXHIBITB-OMAHA_AM P-S COPESERVI CES_REV4 CITY OF OMAHA- ASSET MANAGEMENT PROGRAM PHASE 1 - 2018-2019 WORK PLAN • Discuss the Provider's responsibilities and schedule; •. Discuss the City's responsibilities and schedule; • Discuss the approach for addressing key issues for implementing the scope of work. Provider will prepare meeting agenda and summary materials and submit to the City for review and comment. The Provider will help facilitate the formation of the City's Utility Asset Management (UAM) Team, to be led by the City's Sewer Maintenance Division Manager. The UAM Team should include manager -level staff from the Sewer Maintenance Division at a minimum. In addition, the Provider strongly encourages the City to also include representatives of other relevant City Divisions and Departments and staff (e.g., PW General Services, Wastewater Resource Recovery Facilities, Design Division, Environmental Quality Control Division, Finance, Planning, and Health and Safety) on the UAM Team. The UAM Team will provide guidance and requested information to the Provider throughout the PROJECT. At times, it will be beneficial for the UAM Team to form functional teams of other staff members to focus on specific asset groups. A key outcome of the kick-off meeting is to obtain endorsement from the City's managers, who will support the UAM Team. Gaining early buy -in from managers is critical to efficiently prioritizing availability of City staff, whose work, schedules already involve operating the collection system, to provide meaningful participation in the interviews and data collection. Task 1.2 Identify Goals and Establish Levels of Service (LOS) Building on the list of initiatives developed to address gaps identified during the previous CMOM Gap Analysis project, Provider will work with the UAM Team to develop the City's short- and long-term goals for AM Program of the sanitary and combined sewer collection system. The Provider and UAM Team will determine goals through its understanding of the elected and appointed officials' expectations, and input from internal (City employees), and external (customers, community) stakeholders. Based on the results of the previous tasks, and experience in developing AM Programs, the Provider will recommend LOS targets for the City's Sewer Maintenance Division. The Provider will review the recommended LOS targets with the UAM Team so that consensus can be reached. If consensus cannot be reached, the Sewer Maintenance Division Manager will direct the Provider on what the LOS targets should be. Task 1.3 Peer Community Coordination Meeting Provider will continue to coordinate with the peer communities who have conducted similar CMOM or AM Programs, and were contacted as part of the previous CMOM Gap Analysis project. Provider will compare the City's Sewer Maintenance Division performance metrics against its peers'. Provider will help coordinate and facilitate a peer to peer meeting with Johnson County Wastewater, Kansas and Wichita, Kansas collections systems staff and Sewer Maintenance Division staff. The location is tentatively set for the Kansas City area and the intent is for it to be a one -day event, including travel from and returning to Omaha in one day. It is assumed that City staff will provide their own transportation to and from the meeting and related travel expenses. OMAIEXHI BITB_OMAHA_AMP_S COPESERVI CES_REV4 CITY OF OMAHA - ASSET MANAGEMENT PROGRAM PHASE 1 - 2018-2019 WORK PLAN Task 1.4 Local Community Stakeholder Education and Engagement Meeting Building on the draft Sanitary and Combined Sezver Collection System Asset Managenient Prograni Business Case developed by the Provider for the City in December 2017 and the CMOM Gap Analysis work, the Provider will utilize the Business Case Evaluation (BCE) framework to demonstrate the benefit of implementing an AM Program to educate local community leaders and stakeholders such as the PW Director, Mayor's staff, and City Council members. The BCE framework includes recommended criteria to establish and create a system to quantify the benefits of options and alternatives based on City goals, and methodology to estimate lifecycle costs of the options and alternatives. Examples of benefits of implementing an AM Program to be considered include: • Cost of AM Program versus benefit and cost savings of reduced Sanitary Sewer Overflows (SSOs) • Cost of AM Program versus benefit and cost savings from reduced Inflow and Infiltration (I/1) • Cost of AM Program versus benefit and cost savings from preventative maintenance practices compared to reactive maintenance practices • Cost of AM Program versus benefit and cost savings of reduced emergency repairs The Provider will work with the UAM Team to educate local leaders and community stakeholders on the value and importance of implementing an AM Program. The Provider has budgeted to support up to a two-hour community stakeholder workshop with presentation materials consisting of the BCE results. Task 1 AM Program Visioning Deliverables One (1) PROJECT kick-off meeting, in City's offices. One (1) day peer community coordination meeting, in Kansas City area. One (1) two-hour local community stakeholder education and engagement meeting, in City's offices. One (1) digital (Word format) of each meetings' agenda, handout materials and summaries. One (1) digital (Word format) Summary of City's AM Program Goals and LOS. Task 1 AM Program Visioning Assumptions Kick-off and Review/Gather Information and Data, requested information will be provided to the Provider by the City within three weeks of the data request. OMAIEXHI BITB_OMAHA-AMP-SCOPESERVI CES-R EV4 CITY OF OMAHA - ASSET MANAGEMENT PROGRAM PHASE 1- 2018-2019 WORK PLAN Task 2 - Develop Risk -based Decision Making Procedure Task 2.1 Develop Asset Hierarchy The City will provide the Provider a list of assets within the City Sewer Maintenance Division, both for vertical (i.e. lift stations) and for linear (i.e. piping) assets in the collection system. Provider will assist the City with establishing a hierarchy of these assets for the purpose of grouping assets and comparing risk at various levels of the hierarchy. The Provider will provide guidance on the structure of the asset hierarchy and the assets that should be included in the hierarchy. The Provider will also identify asset information gaps which would be beneficial to developing an optimized AM Program. The Omaha asset hierarch may look like this; City PW Departments -> Sewer Maintenance Division -> Treatment (not addressed in detail) or Collections System (including lift stations) -> Papillion Creek Basin or Missouri River Basin (combined versus separate) -> Subbasins -> Sewer Management Areas (SMAs) -> asset type (i.e. force mains, siphons, > 12" pipes, < 12" diameter pipes). Task 2.2 0&M Organizational Assessment In a half -day Operation and Maintenance (O&M) Functions workshop, Provider will work with the utility O&M staff to evaluate current O&M functions against City goals and desired LOS (established in Task 1.4). During the workshop, Provider will work with the utility O&M staff to establish O&M criteria that will form the basis for the operations, preventive maintenance, and organization/staffing optimization analyses. The results of the workshop will be utilized to guide the optimization of current O&M functions under future contracts. The Provider will identify O&M related information gaps and incorporate them (as prioritized by the City) into the WORK PLAN described further in Task 3. Task 2.3 Develop Asset Risk Framework for Collection System In a half -day Asset Risk Framework workshop, the Provider will work with the UAM Team to develop the criteria and scoring systems for quantifying the consequence of asset failure (COF) and the likelihood of asset failure (LOF) for Sewer Maintenance Division collection system assets. Since failure is defined as an asset not meeting its desired LOS, the criteria and scoring system for COF will be aligned with the LOS established (Task 1.3). The Provider will utilize existing City asset data including age, material, condition, etc. to perform an initial asset level risk assessment utilizing the risk criteria and scoring system described above. The output of this work will be an asset list, prioritized by risk, and identification of gaps pertaining to the risk framework or asset information such as condition. The City has been collecting sewer system field inspection data using SCREAMTM (SCREAM) field data collection tools and Granite XPTM closed circuit television (CCTV) software for several years. The data collected prior to 2015 has been aggregated into one data set on the City's SQL server for easy querying and data review. Data collected since 2017 have not yet been incorporated into the City's SQL server. Currently, default SCREAM condition values are used to score the data. OMA/EXHI BITE-OMAHA-AMP_SCOPESERVICES-REV4 CITY OF OMAHA - ASSET MANAGEMENT PROGRAM PHASE 1 - 2018-2019 WORK PLAN Provider will provide up to 20 hours of support to City staff while they apply the default scoring to the assets and review the resultant scores. It is assumed that the City will adjust the score weights and re -score as needed to customize to meet the City's needs. As part of this same effort, Provider will work with the City to refine the default CCTV, Manhole and Lamping, and Smoke and Dye scores one time. While scores may be adjusted by the City over time as the City's needs change, Provider recommends having a preliminary review of the scores to set a baseline of what works for the City based on the data collected thus far. It is assumed that the Provider will identify condition assessment information gaps as they are observed and report them to the City, and will not perform work to complete asset information. Task 2.4 Standard Procedure for Risk Assessment The Provider will prepare a Standard Procedure indicating the basis and processes for evaluating risk and prioritizing assets and O&M functions based on risk using the LOS, COF and LOF information developed above. The Standard Procedure for Risk Assessment will be reviewed in a half -day workshop and following the workshop the final document will be prepared and provided to the City. Task 2 Develop Risk -based Decision Making Procedure Deliverables One (1) half -day O&M Functions workshop, in City's offices. One (1) half -day Asset Risk Framework workshop, in City's offices. One (1) digital (Word format) of each workshops' materials and summaries. One (1) digital (Word and/or Excel format) of asset hierarchy, risk framework, and initial risk scoring results. One (1) digital (Word format) Standard Procedure for Risk Assessment. Task 2 Develop Risk -based Decision Making Procedure Assumptions Only existing and available data will be used for analysis. No asset condition assessments will be performed. Task 3 — Develop 2018.2019 WORK PLAN Task 3.1 Standard Procedure for BCE Prioritization of Initiatives to Address CMOM Gaps The following is a list of the top 12 initiatives identified during the CMOM Gap Analysis project and prioritized by City staff in the November 14, 2017 CMOM project workshop. These initiatives were developed to address the.most significant gaps identified during the CMOM Gap Analysis project and are listed below in order of decreasing priority, as determined by City staff. 1. Develop long-term AM Program, including funding need projections. 2. Develop Preventative Maintenance (PM) Program Plan - Update procedures for implementing PM Program (includes review of asset condition scoring approach, field data software/platform, work order work flows, work tracking and prioritization, and data fields, etc.). OMA/EXHIBITS OMAHA-AMP-SCOPESERVICES_REV4 CITY OF OMAHA - ASSET MANAGEMENT PROGRAM PHASE 1 - 2018-2019 WORK PLAN 3. Conduct formal staff and related equipment, fleet, and facilities needs assessment (consider available staffing sources such as staff augmentation). . 4. Dedicate staff to develop and implement formal Training and Safety Program for Sewer Maintenance staff. Also relates to appropriate crew sizes and equipment needs. 5. Risk based asset prioritization including large diameter sewers and interceptors. 6. Update Lift Station policies and O&M procedures (criteria for successful operation, record keeping/training, etc.), and documentation. The South Omaha Industrial Lift Station can be used as an example for updating these policies and procedures to address the current performance issues and take advantage of opportunities for improvement with respect to the application of the Nine Minimum Controls, monitoring performance, and regulatory compliance. 7. Develop Flow Monitoring Program, coordinate with sewer capacity analyses, master planning, and Sewer Use Agreement updates. 8. Implement Fats, Oils, and Grease (FOG) Program, including identifying organizational improvements needed to accomplish this 9. Refine work flow and approval process for new sanitary and storm sewer service connections. Integrate with updated Sanitary Sewer Design Standard and Sewer Use Ordinance. 10. Update Sewer Use Agreement language and rates, includes coordination with other initiatives such as Flow Monitoring Program, Sanitary Sewer Design Standard, and FOG Program. 11. Consolidate and update Sanitary Sewer Evaluation Survey (SSES) and operational standard operating procedures and work flows in a centralized location, and update data collection standards (including contract scope and payment terms for contractors). 12. Develop and maintain tracking mechanism of Sewer Maintenance (including lift stations) work performed (for planning projections) and inventory of critical spare parts and supplies. The Provider and UAM Team will utilize AM Program BCE framework process to evaluate and prioritize these initiatives in more detail as part of this PROJECT. These initiatives will be further defined and re -prioritized through the development of a Standard Procedure for developing an AM Program initiative BCE using the COF of risk matrix and including a resource loaded approach and schedule based on the following example criteria: • Required City resources needed to implement • Required third party resources needed to implement • Identify high level benefits (or risk reduction) for initiatives • Estimate costs for implementing o Estimated implementation Labor Full Time Equivalents (FTEs) will be developed, costs for these FTEs will be developed using either average City employee labor costs (if implemented internally) and/or average third -party labor costs (if implemented externally) OMAIEXHIBITB-OMAHA_AMP_S COPESERVICES_REV4 CITY OF OMAHA -ASSET MANAGEMENT PROGRAM PHASE 1-2018-2019 WORK PLAN o Estimated implementation expense costs for equipment, materials, etc. will be developed • Estimate implementation schedule • Prioritize initiative implementation based on an analysis of: o Resources needed o Initiative benefit (or risk reduction) o Implementation Costs o Implementation Schedule The draft Standard Procedure for developing AM Program initiatives BCEs will be reviewed in a meeting and following the meeting the final standard procedure will be prepared and provided to the City. Task 3.2 Develop 2018.2019 WORK PLAN Expanding on the work completed during the previous CMOM Gap Analysis project, Provider will prepare a WORK PLAN for AM Program planning activities in 2018 and 2019. The intent of the WORK PLAN is to identify AM Program components for the City to include in a request for proposals (RFP) to solicit contractors for a future AM Program Development project. The WORK PLAN will serve as a road map, describing the components of a future AM Program Development project that includes refining the AM Program strategy, initiative priorities, and procedures needed while ramping up to full AM Program implementation through the years 2020 to 2024. The WORK PLAN will include AM Program components and requirements based on initiatives needed to fill CMOM Gaps and Sewer Use Revenue budget availability. The WORK PLAN will include two major sections; one for assets and one for O&M and will consist of the following components for each section: • Tasks to close asset and O&M information gaps, including condition, field data . collection methods, platforms, software and warehousing, procedures and risk gaps • Assumption of costs to implement asset and O&M Work Plans • Assumption of costs to provide temporary staff augmentation, if needed or desired, to assist with implementing the AM Program or performing selected O&M functions • Development of an implementation schedule for the asset and O&M Work Plans The WORK PLAN will describe what the City will need to accomplish in the years 2018 and 2019 and will set the goals and guidelines for, but not necessarily the specific activities for what will be done in 2020 and beyond. The Provider will prepare the WORK PLAN in the form of a Technical Memorandum. The draft WORK PLAN will be reviewed in a meeting with the City and following the meeting the final WORK PLAN will be prepared and provided to the City. Task 3 Develop 2018-2019 WORK PLAN Deliverables One (1) digital (Word format) of draft and final Standard Procedure for developing AM Program Initiative BCEs. OMAIEXHI BITB-OMAHA-AMP-SCOPES ERVI CES-REV4 CITY OF OMAHA - ASSET MANAGEMENT PROGRAM PHASE 1 - 2018-2019 WORK PLAN One meeting to review the draft Standard Procedure for developing AM Program Initiative BCEs, held in City's offices. One meeting to review the draft 2018-2019 WORK PLAN, held in City's offices. One (1) digital (Word format) of draft and final 2018-2019 WORK PLAN. One (1) digital (Word format) of each of the meetings' materials and summaries. Task 3 Develop 2018.2019 WORK PLAN Assumptions Only existing and available data will be used for analysis. No additional staff interviews or data collection will be provided. ARTICLE 2 - Schedule The estimated Project schedule is shown in Figure 1 and is based upon a Notice to Proceed from the City of (November 27, 2018). This PROJECT schedule is attached. Deliverable deadlines and City review.periods are included in the descriptions of the individual tasks. OMAIEXHIBITS-OMAHA_AMP_SCOPESERVICES-REV4 City of Omaha Asset Management Program Phase 1— Work Plan ID Task Name Start Finish Qtr 1, 2019 Nov Dec Jan ( Feb Mar Qtr 2, 2019 Qtr 3, 2019 ,1r ( May lun Jul 1 2 3 Project Management Task 1- AMP Visioning 1.1 Kick-off and Review/Gather Information and Data 1.2 Identify Goals and Establish LOS 1.3 Peer Community Coordination 1.4 Local Community Stakeholder Education and Engagement Task 2 - Develop Risk -based Decision Making Procedure 2.1 Develop Asset Hierarchy 2.2 O&M Organizational Assessment 2.3 Develop Asset Risk Framework 2.4 Standard Procedure for Risk Assessment Task 3 - Develop 2018-2019 WORK PLAN 3.1 Standard Procedure for BCE Prioritization of Initiatives to Address CMOM Gaps 3.2 Develop 2018-2019 WORK PLAN Tue 11/27/18 Tue 11/27/18 Tue 11/27/18 Tue 11/27/18 Fri 3/1/19 Mon 4/1/19 Fri 12/7/18 Mon 12/31/18 Fri 2/1/19 Fri 12/7/18 Fri 2/15/19 Fri 2/15/19 Fri 2/15/19 Mon 4/15/19 Fri 7/19/19 Thu 5/30/19 Thu 12/20/18 Fri 12/28/18 Mon 4/22/19 Mon 7/1/19 Thu 5/23/19 Wed 1/23/19 Thu 4/25/19 Wed 2/6/19 Thu 5/23/19 Fri 7/19/19 Tue 3/19/19 Fri 7/19/19 j 4 5 6 7 a 9 10 11 12 13 14 Project: AM Program, Work Pla Date: Fri 11/2/18 Task Project Summary Split ,,,,,,,,,,,,,,,,,,,,,,,,, Inactive Task Milestone ♦ Inactive Milestone Summary r ------- - Inactive Summary i Manual Task Start -only C Duration -only": Finish -only Manual Summary Rollup External Tasks Manual Summary External Milestone Deadline i Progress Manual Progress Page 1 Jacobs JACOBS. 222 South 15" Street Suite 1402-5 Omaha, NE 68102 O +1402 609 7510 F +1402 342 1313 www.jacobs.com Mr. Steve Andersen, PE City of Omaha Public Works Sewer Maintenance Division 6880 Q Street Omaha, NE 68117-1647 November 5, 2018 Subject: Asset Management Program Phase 1— 2018-2019 Work Plan Dear Mr. Andersen, The City of Omaha (City) has requested that CH2M HILL Engineers, Inc. (CH2M), a wholly owned subsidiary of Jacobs Engineering Group Inc., provide the attached contract documents for the Asset Management Program Phase 1— 2018-2019 Work Plan project (Project). This Project is intended to be a Phase 1 step for the City to work toward the development of an Asset Management (AM) Program for the City's sanitary and combined sewer collection systems. This contract is a follow-on project to the work completed in 2017 and early 2018, in which CH2M conducted a pre -cursor project for the City that identified and documented the progress the City has made with Capacity, Management, Operations and Maintenance (CMOM) related activities in the wastewater collection system over the last decade. The progress documented was significant and is summarized below. • Conducted 2007 CMOM Gap Analysis project • Developed the Combined Sewer Overflow (CSO) Program's Long Term Control Plan (LTCP) and continue to implement several sewer separation and Water Resource Recovery Facility (WRRF) projects that have produced significant improvements and added capacity to the collection system and WRRFs through CSO and sewer renovation (RN/RNC) Programs to reduce CSO volume and frequencies, sewer backups, and street flooding. • Continued work on implementation of Nine Minimum Controls specified in the Environmental Protection Agency's (EPA's) CSO guidance. • Improved Policies/Protocols/Standards/Procedures/Processes: o Established and refined protocols for collection system field investigations. o Updated several standard policies/protocols/standards/procedures/process for design and construction activities implemented (and continuing to be refined) as part of the CSO Program. These updates include field investigations, contracting, communications, design standards, construction contract documents, design review quality assurance, risk, cost estimating, environmental protocols, and construction management. o Developed preferred list of materials and providers for pumps and other specialized equipment. JACOBS Mr. Steve Andersen, PE Page 2 o Updated collection system Preventative Maintenance processes and there are plans for more process updates in 2018 and 2019. o Improved sanitary sewer overflow (SSO) and CSO tracking, documentation, and Annual Reporting. o Updated Sewer Use Ordinance and Service Agreement standard language, and plan for more updates in coming years. o Continued progress integrating back log of historic as -built plans into Geographic Information Systems (GIS). Improved processes for getting recent as -built drawings from Construction to the GIS staff for updating GIS Sewer Lines and Sewer Nodes and scanning as-builts for permanent record retainage in City's archives. • Increased understanding of the collection system o Implemented technology (hardware, software, and processes) and documentation improvements such as increased use of and access to digital data collection and processing techniques for asset management and planning purposes. o Collected detailed sewer asset condition data in a systematic manner that can be integrated into GIS and City Works systems for condition assessments. Evolved to a model of centralized field investigation process through a limited number of contractor managed directly by City instead of subcontracted to multiple design consultants to improve efficiency and data quality. o Increased extent and variety of data, level of detail and quality, and availability of GIS data for the collection system, while managing an expanding and aging system. o Integrated the improved collection system asset data into City Works computerized maintenance management system (CMMS) for coordination with work orders and field activities. Implemented several flow and rainfall monitoring projects to improve understanding of system capacity and planning o Implemented major flow monitoring programs in 2007, 2008, 2010, and 2016. 2018 flow monitoring project is in progress. Tested new metering technology through redundant installations to explore the use of the latest available technology. o Installed and maintain permanent flow meters in several locations. o Installed and maintain temporary and permanent rain gauges o Coordinated with Papio-Missouri River Natural Resources District (NRD) to update equipment for rain gauge network. o Improved flow monitoring through installation of permanent meters and several temporary meter monitoring programs. o Updated Papillion Creek sanitary sewer system Master Plan in 2009, 2015, and plan to update again in 2018. • Completed multiple major updates and numerous refinements to the system -wide InfoWorks hydrologic and hydraulic collection system models JACOBS Mr. Steve Andersen, PE Page 3 o Progressively updated combined and sanitary sewer system hydrologic and hydraulic models. Model updates included additional details such as siphons, lift stations and real-time controls for gate operations. o The combined sewer service area model now includes pipe details for 12-inch diameter and larger pipes. In the separate sanitary sewer areas, pipes 24-inch diameter and larger are included. • Developed Fats Oils and Grease (FOG) Program Manual (draft) • Sanitary Sewer Evaluation Survey (SSES) o Successfully implemented 5-year Preventative Maintenance cleaning cycle on smaller diameter (< 15-inch diameters) sewers to reduce SSO and sewer backup potential. Met annual goal of cleaning approximately 20 percent of small diameter sewers per year. o Established Sewer Management Areas (SMAs) to subdivide the sewer system into smaller sewersheds for organizing, planning, and prioritizing sewer maintenance activities and understanding sewer capacity. • Completed 2017 CMOM Gap Analysis The recently completed CMOM Gap Analysis project also included research and over 40 hours of interviews of City staff from several Departments and Divisions. This resulted in the identification of several significant gaps to be addressed to meet industry standards and keep pace with the level of service provided by peer communities. These gaps were organized into a series of potential Initiatives, that were prioritized at a high level by City staff in the Public Works Department, Environmental Services Divisions. This work is documented in CMOM Gap Analysis Summary report (March 2018). In the short term, several of these gaps have already been addressed or are in the process of being addressed. These "quick wins" include, but are not limited to the following; • Developed high level budget projections for 2018 through 2024 to support sewer rate updates that were recently approved by City Council. • Overflow Emergency Response Plan (OERP) was developed. • Conducted coordinated effort between Sewer Maintenance Division, Design Division, American Council of Engineering Companies (ACEC), and others to update Sanitary Sewer Design Standards, Technical Specifications, and Standard Plates. • Initiated engineering contracts to address known, high risk issues related to the condition of the Papillion Creek interceptor in Sarpy county, exposed sewers at creek crossings, and siphon structures near 36th and Raynor. • Issued contract for and kicked off project for renovation and expansion of the Sewer Maintenance facilities at 681h and Q St to address capacity and functional needs. • Engineering Design Manager volunteered to re -initiate the Department's monthly internal Public Works Coordination Meeting between the following PW divisions; Design, Transportation, Streets, Sewer Maintenance, Environmental Quality Control, Construction and the Planning Department. • Sewer Maintenance Division promoted existing staff member to Office Manager to help offload and better coordinate administrative work from Managers and Supervisors. Additional staff have been requested and are expected to be approved for Sewer Maintenance in the 2019 budget. • Sewer Maintenance has shifted processing of service requests to clerks and is replacing paper with electronic work orders with the issuance of iPads to the Service Foreman. This spreads work management from supervisor to clerks and foremen. Immediate benefits are improved JACOBS Mr. Steve Andersen, PE Page 4 coordination of service activities and reduction in backlogged service requests. This also allows supervisor more time for doing necessary oversight of work, and development of a training program and prioritization and optimization of the Preventative Maintenance Program activities. • Office supervisor will be working with the clerks to develop and execute these initiatives and others, including the development of a Sewer Maintenance Policy Manual, work instruction standards and documentation of work completed standards, and providing quality assurance (QA) reviews. This will help reduce back-ups and associated damage costs, limit the City's liability and improve customer service. • The City is finding more plugged inlets because there are more eyes in the field focused on the issue sooner. This is resulting in getting inlets cleaned and properly characterizing construction related causes so the construction work order backlog can be properly characterized and managed. Next, the City will transition to paperless for the rest of the work orders for vacuuming, construction, etc. • Improved communications: o Provided opportunity for staff to talk and clarify roles and responsibilities and has led to an increased focus on safety and training needs. o Re -allocation for funding to provide field crews with the basic materials they need for sewer repairs. o Influencing the update of the Sanitary Sewer Design Standard specifications and plates. • Sewer Maintenance Manager stream lined process for re -allocating budgets to cover needed equipment and supplies based on feedback from field crews. • Implementing lessons learned after addressing emerging issues. A Bennington area sewer is overloaded, and Sewer Maintenance is conducting field investigations to determine source of infiltration and inflow (I&I) and pipe capacity. Updated GIS to reflect as -built conditions prior to commencing field investigations. • Conducted seminars for Sewer Maintenance Division O&M and Engineering, and Design Division staff regarding the "Value of Water" to educate and emphasize the importance of our work to society and our local community. While significant progress has been and continues to be made to close the gaps, there are still many significant gaps that remain unaddressed. The over -arching and most significant gap identified during the CMOM Gap Analysis project was that the City does not have a comprehensive process for making decisions on how to identify needs, and plan for, prioritize, and conduct work related to the collection system. Because of this and several other related gaps, there is inadequate information available for the City to make risk -based decisions related to needs, planning services, staffing, and budgeting. It was the conclusion of CH2M through the CMOM Gap Analysis project that the City and the customers of the sewer collection system can substantially benefit financially and regarding health and safety if the City invests in developing an AM Program for the sanitary and combined sewer collection systems. This collection system AM Program should coordinate closely with concurrent WRRF Master Plan updates and focus intensively on the collection system and Sewer Maintenance Division activities. An AM Program approach will help the City determine the level of service goals and resulting resources needed to achieve the desired level of service in a systematic, intentional, proactive manner that allows the City to control the process and address regulatory requirements and community expectations. The professional services described in the enclosed 2018-2019 Work Plan Scope of Work will build on the CMOM Gap Analysis project's successes, taking the prioritize Initiatives previously identified and develop the framework by which the City will conduct work the years 2018 and 2019 to advance toward the full-scale implementation of AM Program work in the years 2020 to 2023. Essentially, this Scope of Work will guide the City to deliberately consider a comprehensive process for making risk -based decisions. Taking this step collectively, with input and buy in from the internal Public Works Department JACOBS Mr. Steve Andersen, PE Page S stakeholders that manage and operate the wastewater system, is critical for the long-term success of implementing an AM Program, and will reap a multitude of benefits for the City, its employees, and the community for years to come. Work completed as part of this project will provide the City with financial and other benchmark information to quantify these benefits. CH2M appreciates the opportunity to provide the enclosed Professional Services Agreement and Scope of Services to conduct this work to further serve the City. If you have any questions or concerns, please contact Project Manager Emily Holtzclaw at 402-609-7510 or by email at Emily. Holtzclaw@ch2m.com. Regards, CH21VI HILL Engineers, Inc. Douglas E. Simon, PE Emily Holtzclaw, PE Designated Manager Principal Project Manager Enclosures: Professional Services Agreement with attachments (Exhibits A through D) JACOBS EXHIBIT "C" COMPENSATION Compensation by City of Omaha (City) to CH2M HILL Engineers, Inc., a wholly owned subsidiary of 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 of subcontracts and outside services, plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. B. BUDGET The maximum cost for this Project, as defined by services described in the Scope of Work section above, is ninety-nine thousand and eighty-three dollars ($99,083.00 USD), which will be billed on a time and materials basis. Provider may utilize the compensation between individual tasks requested by the City, but shall not exceed the maximum amount of $99,083.00 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. Compensation by City to Provider will be for professional services provided on a "time and materials" basis on hourly rates for all labor with other direct costs, such as printing, reimbursed at a rate of 1.1 times actual cost. A summary of CH2M's standard hourly billing rates is included in Table 1 below. Table 2 is a summary of labor hours for CH21VI staff per task on this Project. SLO103180954DEN Table 1 - CH2M HILL Engineers, Inc. Schedule of Hourly Rates, 2018* CMOM Assessment and Gap Analysis Project, Asset Management Program Phase 1 — Work Plan The following hourly billing rates apply to all "Time and Materials" contracts, Effective July 1, 2018 Staff Name Hourly Rate Hours Budgeted Allman, Bruce — Project Manager/Subject Matter Expert $ 224.96 126 Conrard , Brooke— Project Engineer $ 103.68 60 Gabel, Dale — Senior Technologist/ QA-QC $ 345.64 4 Hoffman, Lisa - Project Assistant $ 115.21 19 Holtzclaw, Emil — Senior Project Manager $ 228.00 68 Is ass, Alan — Asset Management Senior Consultant $ 345.00 91 Kennedy, Courtney — Field Data/CMMS Inte ration $ 190.23 20 Petersen, Mike — Health and Safety Coordinator $ 185.60 2 Rickermann, John — Risk Assessment/O&M Subject Matter Expert $ 290.00 _ 12 Sutko, Nick — Project Engineer $ 169.91 2 *Note: Labor rates are based on a 2.13 Salary Cost Multiplier and may deviate from the values listed in the table based on individuals actually performing the work and their actual raw labor rate at the time the services are performed. Non -Labor Rate Items Mileage Rate Current IRS audit rate at time of service Other related consumable supplies (field equipment and Actual + 10 percent supplies, etc.) Postage, freight Actual + 10 percent Travel costs (airfare, hotel, care rental, meals, etc.) Actual + 10 percent Subcontractors and Outside Services Actual + 10 percent SLO103180954DEN TABLE 2 Asset Management Program Phase 1 — 2018-2019 Work Plan — Labor Summary Team Member Task 1 —Asset Task 2 — Total Hours Management Develop Risk- Task 3 — Develop Program Visioning based Decision 2018-2019 WORK Making PLAN Procedure Allman, Bruce — Asst. Project 60 28 126 Manager/Subject Matter 38 Expert Conrardy, Brooke - Project 44 16 60 Engineer Gabel, Dale — Senior 4 4 Technologist/ QA-QC Hoffman, Lisa - Project 11 8 19 Assistant Holtzclaw, Emily — Project 38 20 10 68 Manager Huck, Deron —Technical Lead Ispass, Alan —Asset 40 28 91 Management Senior 23 Consultant Kennedy, Courtney —Field 20 20 Data/ CMMS Integration Mike Petersen, Health and 2 2 Safety Coordinator Rickermann, John — Risk 12 12 Assessment/O&M Subject Matter Expert Sutko, Nick — Project 2 2 Assessment Team Engineer Total Hours 149 152 103 404 Total Labor Cost $38,808 $33,604 $23,921 $96,333 Total Expense Cost $1,100 $550 $1,100 $2,750 Total Cost $39,908 $34,154 $25,021 $99,083 SL0103180954DEN EXHIBIT "D" SUPPLEMENTAL PROVISIONS Asset Management Program Phase 1 — 2018-2019 Work Plan ARTICLE 1. SCOPE OF SERVICES, Provider will perform the Scope of Services set forth in Exhibit "B". ARTICLE 2. COMPENSATION City will compensate Provider as set forth in Attent Exhibit C. Work performed under this AGREEMENT may be performed using labor from affiliated companies of Provider. Such labor will be billed to City under the same billing terms applicable to Provider's employees. ARTICLE 3. TERMS OF PAYMENT City will pay Provider as follows: 3.1 Invoices and Time of Payment Provider will issue monthly invoices pursuant to Exhibit "C". Invoices are due and payable within 30 days of receipt. 3.2 Interest 3.2.1 City will be charged interest at the rate of 1- 1/2% per month, or that permitted by law if lesser, on all past -due amounts starting 30 days after receipt of invoice. Payments will first be credited to interest and then to principal. 3.2.2 In the event of a disputed billing, only the disputed portion will be withheld from payment, and City shall pay the undisputed portion. City will exercise reasonableness in disputing any bill or portion thereof. No interest will accrue on any disputed portion of the billing until mutually resolved. 3.2.3 If City fails to make payment in full within 30 days of the date due for any undisputed billing, Provider may, after giving 7 days' written notice to City, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, Provider will have no liability to City for delays or damages caused by City because of such suspension. ARTICLE 4. OBLIGATIONS OF Provider 4.1 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 reperform any services not meeting this standard without additional compensation. 4.2 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. 4.3.1 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. 4.3.2 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, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except Provider's own personnel. 4.3.3 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 bythe 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. 4.4 Opinions of Cost, Financial Considerations, and Schedules 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 City's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from Provider's opinions, analyses, projections, or estimates. If City wishes greater assurance as to any element of PROJECT cost, feasibility, or schedule, City will employ an independent cost estimator, contractor, or other appropriate advisor. 4.3 Provider's Personnel at Construction Site ARTICLE 5. OBLIGATIONS OF City 4.5 Construction Progress Payments 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) 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 not other matters at issue between City and the construction contractors that affect the amount that should be paid. 4.6 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. 4.7 ReserdsReserved type GOmpeRsation. 4.8 Provider's Insurance Provider will maintain throughout this AGREEMENT the following insurance: (a) Worker's compensation and employer's liability insurance as required by the state where the work is performed. (b) Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, nonowned, or hired vehicles, with $1,000,000 combined single limits. (c) Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of Provider or of any of its employees, agents, or subcontractors, with $1,000,000 per occurrence and in the aggregate. (d) Professional liability insurance of $1,000,000 per occurrence and in the aggregate. s identified in items (b) and (G) and s. 5.1 City -Furnished Data City will provide to Provider all 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. 5.2 Access to Facilities and Property City will make its facilities accessible to Provider as required for Provider's performance of its services and will provide labor and safety equipment as required by Provider for such access. City will perform, at no cost to Provider, such tests of equipment, machinery, pipelines, and other components of City's facilities as may be required in connection with Provider's services. 5.3 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. 5.4 Timely Review City will examine Provider's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as City deems appropriate; and render in writing decisions required by City in a timely manner. 5.5 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. 5.6 Asbestos or Hazardous Substances 5.6.1 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. 5.6.2 If asbestos is suspected, Provider will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. 5.6.3 If hazardous substances other than asbestos are suspected, Provider will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. 5.6.4 Client recognizes that CH2M HILL assumes no risk and/or liability for a waste or hazardous waste site originated by other than CH2M HILL. 5.7 Reserved 5.9 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 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. 5.10 Changes City may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect Provider's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. ARTICLE 6. GENERAL LEGAL PROVISIONS 6.1 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 6.2 Reuse of PROJECT Documents All reports, drawings, specifications, documents, and other deliverables of Provider, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. City agrees to indemnify Provider and Provider's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized reuse, change or alteration of these PROJECT documents. 6.3 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. 6.4 Limitation of Liability 6.4.1 To the maximum extent permitted by law, Provider's liability for City's damages will not, in the aggregate, exceed $100,000. 6-436.4.2 This limitation of liability will apply whether Provider's liability arises under breach of contract or warranty; tort; including negligence; strict liability; statutory liability; or any other cause of action, and shall include Provider's officers, affiliated corporations, employees, and subcontractors. 6.5 Termination 6.5.1 This AGREEMENT may be terminated for convenience on 30 days' written notice, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. 6.5.2 On termination, Provider will be paid for all authorized services performed up to the termination date plus termination expenses, such as, but not limited to, reassignment of personnel, subcontract termination costs, and related closeout costs. 6.6 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. 6.7 No Third -Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than City and Provider and has no third- party beneficiaries. 6.8 IndemnifiGat4ollReserved these files will be at user's sole risk. bodily death, te the propertionate of Gity, or its eFf;p!Gyee6 OF G9RtFaGtGF6 . ;+h +he PRO'F=CT 6.9 Assignment This is a bilateral personal Services AGREEMENT. Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this AGREEMENT, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. The parties further agree that Provider may novate this AGREEMENT to an affiliate in the case of normal corporate restructuring, provided any such novation does not adversely affect its ability to perform this AGREEMENT. These conditions and the entire AGREEMENT are binding on the heirs, successors, and assigns of the parties hereto. 6.10 Consequential DarnagesReserved To +hemaximum event permitted by Iowa Provider empleyees and shall not hnl;ehlctr��fnhhe e^ +her r;+.,'o fer . o �I ;nA;re..+ 6.11 WaiveReserved 6.12 Jurisdiction The substantive law of the state of the PROJECT site shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. 6.13 Severability and Survival 6.13.1 If any of the Provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. 6.13.2 Limitations of liability, indemnities, and other express representations shall survive termination of this AGREEMENT for any cause. 6.14 Materials and Samples Any items, substances, materials, or samples removed from the PROJECT site for testing, analysis, or other evaluation will be returned to the PROJECT site within 60 days of PROJECT close-out unless agreed to otherwise. City recognizes and agrees that Provider is acting as a bailee and at no time assumes title to said items, substances, materials, or samples. 6.15 Engineer's Deliverables Engineer's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer- generated drawing files furnished by Provider are for City or others' convenience. Any conclusions or information derived or obtained from 6.16 Dispute Resolution The parties will use their best efforts to resolve amicably any dispute, including use of alternative dispute resolution options. 6.17 InirpntiensReserved Al' of the %reirk pFeduGt of the Provider an exe thes PRO 'F=C-T shall remain the pFoperty of they were intended Any inveRtion6, patent result of, the PRC)jF=GT- shall FemaiR the pFe of the Droidrler 6.18 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 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. NO. 1, 1 LU Item Submitted By: Gary Pech Department: Public Works Council Meeting Date: December 18, 2018 Res. that, as recommended by the Mayor, the Professional Services Agreement with CH2M Hill in the amount of $99,083.00 to provide professional services on the CMOM Asset Management Program Phase I Project, is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $99,083.00, from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2018 expenditure.) Presented to City Council December 18, 2018 ............................................................... APPROVED 7-0 .............................................................. Sl zaball I3uiler .............................................................. City. Clerk