RES 2018-0212 - Agmt with HDR Inc for OPW 53269, Sarpy County interceptor refurbishment master plan 0TAAHA,NA� . r- ' F F r.
oi �s1 t` � R F"< Public Works Department
x M�`f ?air,b h L+ , Omaha/Douglas Civic Center
®T :,[� �1JJ, .ir =i February 27, 2018 2 1C FCC 1 Erl 121 33 1819 Famam Street,Suite 601
'F=? Omaha,Nebraska 68183-0601
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City of Omaha f',; .' HA, N l .. ii..A.S?. Robert G.Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional ServicesAgreement With HDR Inc.
to provide professional services on OPW 53269, being the Sarpy County Interceptor
Refurbishment Master Plan Project.
This Agreement includes gathering existing system data, evaluating replacement versus
rehabilitation, and additional services as identified in the attached agreement.
HDR Inc. has agreed to perform these services for a fee not to exceed, $77,200.00, to be paid
from the Sewer Revenue Improvements Fund 21124, Neighborhood Sewer Renovation
Organization 116911, year 2018 expenditure.
HDR Inc. 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 submitt d Approved:
7-2'-/8 F1,4,4cAl 1 :740VIAA-6 ✓ a N ig
Robert G. Stubbe, P.E. Date Franklin t. Thompson Date
Public Works Director Human Rights and Relations Director
Approved as to Funding: Referred to City Council for
Consideration:
to n B. Curtiss 1,//t...,4 et4..1 Date Mayor's Office /Date
P Y
Finance Director -K?
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C-25A
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 53269
being the Sarpy County Interceptor Refurbishment Master Plan Project; and,
WHEREAS, HDR Inc. 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, HDR Inc. has agreed to perform these services for a fee not exceed $77,200.00
to be paid from the Sewer Revenue Improvements Fund 21124, Neighborhood Sewer Renovation
Organization 116911, 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 HDR Inc.
• - to provide professional services on OPW 53269 being the Sarpy County Interceptor
Refurbishment Master Plan Project, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee not to exceed $77,200.00.from
the Sewer Revenue Improvements Fund 21124, Neighborhood Sewer Renovation Organization
116911, year 2018 expenditure.
2077grp APPROVED AS TO FORM
l a2leZlZor .
/. CITY ATTORNEY DATE
iff.It' .°174?-1
By `!
FEB 2 7 ZOtgCouncilr:Zer
Adopted 1 � �lJ)
City Clerk
Approve .. •
.. /'
Mayor
PROFESSIONAL SERVIICEES AGREEMENT
THIS AGREEMENT is hereby made and entered into this kV day of Mad() , , by and between the
City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to as the"City"),
and HDR, Inc. (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
OPW 53269, Sarpy County Interceptor Refurbishment Master Plan, Develop master plan for refurbishment
Sarpy County Interceptors.
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 90 day period after receipt of a purchase order
from the City.
B. Provider designates Chris Koenig,whose business address and phone number is 8404 Indian Hills Drive,
Omaha NE 68114,(402)548-5112 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 90 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(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$77,200.00. 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. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Provider, its officers, directors, employees and subconsultants (collectively, Provider) against all damages, '
liabilities or costs, including reasonable attorney's fees and defense costs in connection with the Project, to
the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally
liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any matter
whatsoever for the other party's own negligence.
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 ao_rt of this Agreement is
funded 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 J St- day of WWII , An •
HDR,Inc.
Provider
ATTEST B
v‘..c.;r'NJ ke., .�
(Title)
EXECUTED this ) 34- day of fa U/A , '7(3i
ATTEST CITY OF OMAHA,A Municipal Corporation
By
City Cle Mayor
APPROVED AS TO FORM:
e-1647€01(
.4.1 ity Attorney
Revised: 11/2017
EXHIBIT"B"
SCOPE OF SERVICES
INTERCEPTOR IMPLEMENTATION PLAN
I. PROJECT DESCRIPTION
"I'he City of Omaha commissioned a condition assessment of the West Papillion Creek Interceptor System
that was completed by George Butler Associates, Inc. (GBA). The Technical Memorandum (TM)dated
January 10, 2014 provides a summary of the inspection results and an assessment of the pipe, manhole,
and structures. The TM rated most of the pipe/structure condition as fair to poor with steel
reinforcement exposed in several areas. A recent inspection of a siphon structure within the system found
the corrosion had increased substantially in the 4 year interval since the previous inspection.
The following are the current conditions and issues with the interceptor system:
• The existing interceptors were constructed in 1972— 1973.
• The south branch of the interceptor is T-lok lined reinforced concrete pipe and T-lok lined cast-
in-place concrete box.
• A previous project found the T-lok lined cast-in-place concrete box to be in good condition.
However, penetrations have been made into segments of the T-lok lined pipe that were found not
properly sealed.
• 'l'he east and west interceptor branches are unlined reinforced concrete pipe.
• There are 17 storm sewer pipe penetrations through the interceptors. Several of the penetrations
have failed and five have been replaced.
• A steel aerial crossing at Copper Creek has a hole in it with a temporary patch.
• A portion of the interceptor is located under the levee for the Papillion Creek system.
• .11igh levels of Hydrogen-sulfide(H2S)have been recorded in the interceptor system.
The City plans to begin the replacement or rehabilitation of the interceptor system within Sarpy County.
The purpose of this project is to develop an implementation plan for the replacement or rehabilitation of
the interceptor sewers. The limits of the interceptor are shown on the attached figure.
Final design and assistance during bidding will be addressed through separate contracts for each phase of
the work.
II. DESCRIPTION OF WORK AND SERVICES
Gather Existing System Data:
1. Obtain from the City the relevant existing plans, studies, flow data, and inspection reports.
2. Obtain from the City available easement and Right-of-Way information for the interceptors.
3. Obtain drawings, current operation and maintenance manuals, and access agreements with the
Papio-Missouri River Natural Resources District .
Evaluation of Replacement versus Rehabilitation:
I. Complete a review of the alignment of the interceptors with respect to levees, homes, businesses,
developments, aerial crossings, and pipe penetrations.
2. Complete site reviews to verify locations of the interceptors and evaluate conflicts.
3. Meet with City staff to discuss maintenance history, known concerns,and previous repairs.
4. Evaluate the possible elimination of the siphon at Cornhusker Road.
5. Evaluate the storm sewer and channel crossings.
6. Develop recommendations for replacement or rehabilitation.
7. Address connections and impacts to other connecting Municipal sewer systems.
8. This evaluation does not include an assessment related to system capacity or internal inspection
of the interceptors.
Opinions of Costs and Phasing:
1. Identify segments of construction based on the type of reconstruction or rehabilitation;
construction impacts;and impacts to the community.
2. Prepare opinions of probable construction cost for each segment.
3. Develop a list of construction contracts based on size. The minimum contract amount will be
$2,000,000.
4. Identify permitting issues for each contract and likely timeframe for obtaining the permits.
5. Identify potential Right-of-Way acquisition or easements.
6. Identify potential coordination/relocations with other utilities(OPPD,M.U.D., Magellan,etc.)
7. Develop a phasing plan for each branch.
8. Develop a project schedule.
9. Develop a projected budget by year for the proposed improvements.
10. Develop a project management plan.
Implementation Plan:
1. Prepare a draft implementation plan that summarizes each of the previously listed components.
2. Submit three copies of the draft for review and attend one review meeting.
3. Incorporate the review comments and finalize the implementation plan.
•
III.SCHEDULE
Notice to Proceed: January 10, 2018
Complete Site Reviews: January 26, 2018
Draft Implementation Plan: March 9, 2018
Final Implementation Plan: March 30, 2018
BREAKDOWN OF COSTS
Task Series Total Hours Direct Labor Total Labor Direct Costs Subconsultants Total
Task 100 Project Management .
1101 Project Management 16 $859.68 3.18 $2,733.78 $0.00 $2,734 $2,734
Task 200 Evaluation
201 Data Gathering 12 $613.16 3.18 $1,949.85 $108.56 $2,058
202 Aerial Evaluation 24 $1,045.04 3.18 $3,323.23 $0.00 $3,323
203 Site Visits 20 $1,035.36 3.18 $3,292.44 $53.50 $3,346
204 Siphon Evaluation 14 $676.00 3.18 $2,149.68 $0.00 $2,150
205 Storm Crossings 40 $1,944.64 3.18 $6,183.96 $0.00 $6,184
206 Rehab vs Repair 34 $1,953.78 3.18 $6,213.02 $0.00 $6,213
207 Municipal Impacts _ 16 $744.98 3.18 $2,369.04 $0.00 $2,369 $25,643
Task 300 Costs and Phasing
301 Identify Segments 10 $606.24 3.18 $1,927.84 $0.00 $1,928
302 OPC 60 $2,622.40 3.18 $8,339.23 $0.00 $8,339
303 Construction Contracts 14 $751.28 3.18 $2,389.07 $0.00 $2,389
314 Permitting 20 $1,111.32 3.18 $3,534.00 $0.00 $3,534
305 ROW 44 $1,706.56 3.18 $5,426.86 $0.00 $5,427
306 Utilities 8 $380.32 3.18 $1,209.42 $0.00 $1,209
307 Phasing 10 $561.12 3.18 $1,784.36 $24.00 $1,808
308 Schedule and Budget 48 $2,039.00 3.18 $6,484.02 $0.00 $6,484
309 Management Plan 20 $906.00 3.18 $2,881.08 $0.00 $2,881 $34,000
• Task 400 Implementation Plan
401 Draft Plan 50 $2,623.56 3.18 $8,342.92 $87.00 $8,430
402 Review Meeting 8 $503.04 3.18 $1,599.67 $8.56 $1,608
403 Finalize Plan 28 $1,441.88 3.18 $4,585.18 $200.00 $4,785 $14,823
TOTAL 496 $24,125.36 $76,718.64 $481.62_ $0.00 $77,200.26 $77,200
TOTAL: $77,200
NO. c�l
Item Submitted By: Gary Pech
Department: Public Works
Council Meeting Date: February 27, 2018.
Res. that, as recommended by the Mayor, the Professional Services Agreement with HDR Inc.
to provide professional services on OPW 53269, being the Sarpy County Interceptor
Refurbishment Master Plan Project, is hereby approved; and that, the Finance Department is
authorized to pay a fee not to exceed $77,200.00, from the Sewer Revenue Improvements Fund
21124, Neighborhood Sewer Renovation Organization 116911, year 2018 expenditure.
)4-7
Presented to City Council
February 27, 2018
APPROVED 7-0
elizabeth Butler
City Clerk ' `