RES 2018-1085 - Professional Services Agmt with Emnet LLC for OPW 51781, CSO Control Implementation i DMAHA,N8
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City of Omaha 'Me-co Robert G.Stubbe,P.E.
Jean Stothert,Mayor '' Public Works Director
iiN
Honorable President : . ,
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement with Emnet, ,
LLC. to provide professional services on OPW 51781, being the CSO Control Implementation
Project which is associated with the Capital Improvement Program No. 2007E503.
This Agreement includes development of globally coordinated control strategies for CSO
optimization, and additional services as identified in the attached agreement.
Emnet, LLC has agreed to perform these services for a fee not to exceed, $99,900.00, to be
paid from the Sewer Revenue Improvements Fund 21124, CSO Control Implementation
Organization 116918, year 2018 expenditure.
Emnet, LLC 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.
Revectfully submitted Approved:
(. Ls ji-t_.„, /0-Z.5"--/8 ,i.h ' -_ O 10 31 ,
Robert G. Stubbe, P.E. Date Franklin . Thomp n Date
Public Works Director Human Rights and Relations Director
Appr ved as to F di g: Referred to City Council for Consideration:
dt)ty,"---=, ia_ s0 /e. ".. J .(.�...�� 1.v% /L_F�'
Step en B. Curtiss AEU Date Mayor's Office Date
Finance Director
1008Cjet
City Clerk Office Use Only:
Publication Date (if applicable):
RESOLUTION NO.
A2Z_____
Agenda I Olt
Date:
Department: PUblit ]
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, professional engineering services are needed in conjunction with OPW
51781 being the CSO Control Implementation Project; and,
WHEREAS, Emnet, LLC 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, Emnet, LLC has agreed to perform these services for a fee not to exceed
$99,900.00 to be paid from the Sewer .Revenue Improvements Fund 21124, CSO Control
Implementation Organization 116918, 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 Emnet,
LLC to provide professional services on OPW 51781 being the CSO Control Implementation
Project, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee not to exceed $99,900.00 from
the Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization
116918, year 2018 expenditure.
1008jet. APPROVED AS TO FORM
/AWY(
CITY ATTORNEY DATE
Adopted:
NOV 2 0 2018
Attest:
Eland' City rk
Approved:
ACTINCMayor
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into thidZ day of k/LiliEf �,by and between the
City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the"City"),
and Emnet, LLC (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth
herein below. All references to"Contractor"shall mean"Provider".
PROJECT NAME AND DESCRIPTION
As part of OPW 51781, CSO Control Implementation, this project will include development of Globally
Coordinated Control Strategies for CSO Optimization. The project objective is to develop Globally
Coordinated Control Strategies for Omaha, NE that will maximize the global benefit of each existing and
potential infrastructure project to achieve regulatory compliance at the lowest life cycle cost.These strategies
will be used to further Omaha's LTCP optimization 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 180 calendar day period after receipt of a
purchase order from the City.
B. Provider designates Dax J. Blake, PE, whose business address and phone number is 121 S Niles Ave,
Suite 22, South Bend, IN 46617, 574-855-1012, as its project manager and contact person for this
project.
C. Provider agrees to maintain records and accounts, including personnel, fmancial 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 180 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 Adam Wilmes, whose business address and phone number are 1819 Farnam St, Suite 604,
Omaha,NE 68183, 402-444-3819 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 a milestone
percent-complete basis, but in no event shall it exceed$99,900.00. 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 5.16 of the Charter to approve immediate purchases.
V. OWNERSHIP OF INSTRUMENTS OF SERVICE
The City acknowledges the Provider's documents, including electronic files, as instruments of professional
service. Nevertheless,upon completion of the services and payment in full of all monies due to the Provider,
the final documents prepared under this Agreement shall become the property of the City. The City shall not
reuse on another Project or make any modifications to the documents without prior written authorization of
the Provider. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Provider, its officers, directors, employees and subconsultants (collectively, Provider) against any damages,
liabilities or costs, including 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 REOUIREMENTS
The Provider shall carry professional liability insurance in the minimum amount of one half million dollars
and shall carry workers'compensation insurance in accordance with the statutory requirements of the State of
Nebraska.
VIII. INDEMNIFICATION
The Provider agrees,to the fullest extent permitted by law,to indemnify,defend and hold harmless the City,
its officers, directors and employees (collectively, City) against all damages, liabilities or costs, including
reasonable attorney's fees and defense costs, to the extent caused by the Provider's negligent performance of
professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is
legally liable;provided,that with respect solely to the said duty to defend,such duty of the Provider to defend
shall arise only if, and to the extent, such duty is covered by Provider's liability insurance. The City agrees,
to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors,
employees and subconsultants (collectively, Provider) against all damages, liabilities or costs, including
reasonable attorney's fees and defense costs in connection with the Project,to the extent caused by the City's
negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the
Provider shall be obligated to indemnify the other party in any matter whatsoever for the other 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.
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.gov) may not be a participant in a federal agency transaction that is a
covered transaction or act as a principal of a person participating in one of those covered transactions.
These guidelines apply to covered transactions under a grant from any federal agency for which a
recipient expects to receive reimbursement for expenditures incurred or an advance on future
expenditures.
The Contractor providing goods and/or services to the City of Omaha certifies, by acceptance and
execution of this Agreement, that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency. The Contractor further agrees, by accepting and
executing this Agreement, that it will include this clause without modification in all lower tier
transactions, solicitations,proposals, contracts,and subcontracts. Where the Contractor or any lower
tier participant is unable to certify this statement,it shall attach an explanation to this Agreement.
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.
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
Emmet,LLC
Provider
ATTEST
(Title)
EXECUTED this C2 day of itirVilither , 621)I g .
ATT ST t` CITY OF OMAHA,A Municipal Corporation
By 12.4417-
City Clerk ACT N GMayor
DERL'FM
APPROVED AS TO FORM:
?4Yor`
Deputy City Attorney
Revised: 11/2017
,• S.
, ernnetLLC
121 S. Niles Ave., Suite 22,
A 4, South Bend, IN 46617
a xylem brand 574.855.1012
www.emnet.net
September 4, 2018
Globally Coordinated Control Strategy
for Omaha, NE LTCP Update
Statement of Work Summary
Objective:
El To develop 3 to 5 Globally Coordinated Control Strategies for Omaha, NE that will
maximize the global benefit of each existing and potential infrastructure project to
achieve regulatory compliance at the lowest lifecycle cost. These strategies will be
used to further Omaha's LTCP optimization process.
Rationale:
El The City of Omaha has embraced intelligent water infrastructure as a component of
their Long Term Control Plan.
o Globally coordinated real time control is a core facet of intelligent water infrastructure
leveraging assets for a system-wide benefit thereby reducing the overall need for
future infrastructure.
o EmNet is a unique solution provider, exclusively focused on intelligent water
infrastructure, globally coordinated real time control, and real time decision support
systems (RT-DSS) services and implementation in cities nationwide.
o The City of Omaha is seeking to significantly update their LTCP to achieve
compliance at the lowest reasonable cost to the community. This task will be under
the direction from the City of Omaha and conducted in collaboration with the City's
program manager.
Statement of Work:
EmNet has previously evaluated Omaha's existing collection and treatment systems for
application of a globally coordinated real time control strategy. The original study
identified numerous opportunities for globally coordinated real time control within the
existing system. This new task will expand upon the past work by considering all
potential future assets necessary to achieve the level of control for the CSO system as
well as coordinate with Omaha's program manager for system optimization.
EmNet will develop three to five globally coordinated control strategies that build upon
the previous study with future proposed assets necessary to comply with the LTCP KPI
of 85% capture as the primary objective statement. Final plan lifecycle cost will provide
the second objective statement for the optimization process. Additional KPIs such as
number of overflows may be added as objectives as agreed upon by the Optimization
Team (includes Omaha, Program Manager, and EmNet). The strategies will be
developed around "themes" such as increased treatment capacity at the plant, a
collector tunnel, and distributed treatment. The themes will be identified and agreed
upon by the Optimization Team.
In order to complete this effort consistent with other ongoing work by Omaha including
the City's preference for close coordination with their program manager, EmNet will use
the following documents and resources provided by Omaha.
1. Improvement Options Technical Memo from the Alternatives Brainstorming
Workshop
2. GIS database of Improvement Options from Alternatives Brainstorming
Workshop (if developed)
3. Proxy Period Technical Memorandum and files necessary to perform model
simulations using Proxy Period
4. Representative Year model inputs for confirmation of model simulations as
needed.
5. Updated ICM model for Optimization process (preferably includes catalog of
options identified in the brainstorming workshop if available, and any GIS data of
components that are available)
6. Cost estimating models and associated documentation/tools/spreadsheets
7. Other pertinent GIS databases of collection system and associated assets such
as rain gauge and flow meter locations
a. EmNet may seek existing sensor data if warranted and depending upon
strategies developed
The above list will enable EmNet to work from a common starting point with the
Optimization Team.
Task 1 — Kickoff meeting
Establish communication with appropriate team members. Review and confirm pertinent
files and objectives for the development of coordinated control strategies including the
future integration in Omaha's LTCP optimization effort. Review schedule and establish
regular touchpoints with the Optimization Team.
Task 2 — Draft LTCP Coordinated Control Strategy
EmNet will provide a workshop to review the preliminary development of coordinated
control strategies. This will provide the greater Omaha team opportunity for feedback
and collaboration with the development of final input for the Interim Solutions Workshop
Task 3 — Integrate Coordinated Control Strategy with Program Manager Optimization
Solution for Interim Solutions Workshop
EmNet will coordinate with the Optimization Team to integrate one or more ICM models
with control strategies developed into the optimization framework. The objective of this
step is to develop a combined solution as quickly as possible to further Omaha's
objectives.
Task 4 — Participate in the Interim Solutions Workshop
EmNet will deliver a technical memorandum summarizing the three to five coordinated
control strategies and provide the associated model files prior to attending the Interim
Solutions Workshop. The technical memorandum will provide a description of the
globally coordinated control strategies and the model will have the control strategies
enabled.
Task 5— Final Coordinated Control Technical Memorandum and Model Files
EmNet will update the draft deliverables from Task 4 and submit them as Final for this
task. The Technical Memorandum will include:
• Description of the Alternatives
• Figures depicting the major components of each theme/alternative
• Performance of each alternative relative to the KPIs
• Cost of the alternative components (using provided cost estimating methodology)
including an estimate for the minimum number of globally coordinated real time
control components (e.g. sensors, SCADA components, etc.)
Deliverables:
• Kickoff Workshop
• Draft GCC presentation at Progress Meeting
• Coordinated Control Strategies TM Draft
• Coordinated Control Strategies TM Final
• ICM Model Files and coordinated control logic
I ICI
Milestone Based Proposal
Lead Hydro- Hydro- 1 .
Optimization informatics informatics Program
Role Strategist Engineer Engineer Director
Hourly Rate $ 208.00 $ 178.00 $ 120.00 $ 202.00
Estimated Hours I Total Hours Task Total
01 ProjectMgt 25 - - - 25 $ 3,900 4%
02 T1-Kickoff Meeting 20 - 20 20 60 $ 11,000 11%
03 T2-Draft LTCP GCRTC Strategy 52 60 140 32 284 $ 45,000 45%
04 T3-Integrate LTCP GCRTC Strategy 20 32 80 8 140 $ 20,000 20%
05 T4-Interim Solutions Workshop 20 - 20 20 60 $ 10,000 10%
06_T5-Final Interim GCRTC Strategy TM 8 16 60 8 92 $ 10,000 10%
Totals 145 108 320 88 661'$ 99,900 100%
% 22% 16% 48% 13% 100%
NO. 1VJ5
Item Submitted By: James Thompson
Department: Public Works
Council Meeting Date: November 20, 2018
Res. that, as recommended by the Mayor, the Professional Services Agreement with
Emnet, LLC in the amount of $99,900.00 to provide professional services on OPW
51781 being the CSO Control Implementation Project, is hereby approved. (The
Finance Department is authorized to pay a fee not to exceed $99,900.00 from the
Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization
116918, year 2018 expenditure.)
(76-1)
Presented to City Council
November 20, 2018
APPROVED 7-0
eltzabeth Nutter
City Clerk