RES 2014-0160 - Agmt with CH2M Hill Inc for services on OPW 52101 L3
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� Public Works Department
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x�iri r� ` February 4, 2014 � i 1819 Farnam Street,Suite 601
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(402)444-5220
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City of Omaha { 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 Services Agreement with CH2M
Hill, Inc. to provide professional engineering services for Project OPW 52101, being the Hell
Creek Rehabilitation project, located on Hell Creek near Westwood Lane. This project is
identified in the 2014-2019 Capital Improvement Program as Environment Project No.401.
The scope of services is included in the Agreement, and includes preliminary design and
environmental permitting services for the project. CH2M Hill, Inc. has agreed to perform the
services detailed in the attached Agreement for a fee not to exceed $144,430.00, which is
payable from the 2010 Environmental Fund 13122, Environmental Bonds Organization 117217.
CH2M Hill, Inc. has filed the required Contract Compliance Report, Form CC-1, in the Human
Rights and Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
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Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved:
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Stephe . Curtiss ate Human Rights and Relations Date
Finance Director Department
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this ,S' day of AVevehy ,2014,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.
The City's standard terms and conditions and Exhibit D—Supplemental Provisions are hereby incorporated
into the Agreement as set forth below. If any discrepancy exists between this document and Exhibit D,
Exhibit D will prevail.
I. PROJECT NAME AND DESCRIPTION
Hell Creek Rehabilitation at Westwood Lane Preliminary Design(OPW 52101)
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 130 day
period after receipt of a purchase order from the City.
B. Provider designates Emily Holtzclaw whose business address and phone number is 222 South
15t'' St., Ste. 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 130 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
A. City designates Selma Kessler whose business address and phone number are 5600 South 10th Street,
Omaha, Nebraska 68107, (402) 444-3915 ext. 221as its contact person for this project, who shall
provide a notice to proceed and such other written authorizations as are necessary to commence for
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 exceed $144,430.00. 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 construction 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 construction documents prepared under this
Agreement shall become the property of the City. The City shall not reuse at another site or make
any modification to the construction documents without the 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 construction
documents by the City, regardless of whether such reuse or modification is for use at the Project
site or another site.
VI. ADDITIONAL SERVICES
In the event additional services for the aforementioned project not covered under this Agreement are
required, Provider agrees to provide such services at a mutually agreed upon cost.
VII. INSURANCE REQUIREMENTS
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.
V II I. INDEMNIFICATION
The Provider agrees,to the fullest extent permitted by law,to indemnify and hold harmless the
City, its officers, directors and employees(collectively, City)against all damages, liabilities or
costs, including reasonable attorneys'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
attorneys'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 manner 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,sex,age,or disability as recognized under 42 USCS 12101 et seq.and Omaha Municipal
Code section 13-89,political or religious opinions,affiliations or national origin.
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(all
references to "Contractor"shall mean "Provider")-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 services 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. Contract Compliance Ordinance No.35344,Section 10-192
Equal Employment Opportunity Clause
During the performance of this contract, the contractor agrees as follows (all references to
"Contractor"shall mean"Provider") :
1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, sexual orientation, gender identity, disability, or
national origin. The Contractor shall ensure that applicants are employed and that employees
are treated during employment without regard to their race, religion, color, sex, sexual
orientation, gender identity, or national origin. 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, religion, color, sex, sexual orientation, gender identity, or national
origin,age, 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 applicants 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 the 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.
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FIGURE 2
HELL CREEK SITE,APPROXIMATE BORING LOCATIONS,AND EXISTING UTILITIES MAP
EXHIBITF_HELLCREEKPRELIMDESIGN_GEODATAREPORTSOW_REV2 6
3. General description of proposed improvements as they pertain to the exploration
4. Description of field and laboratory testing completed
5. Detailed description of regional and local geology and seismicity including any geologic
hazards that may impact the design of the project
7. Boring logs,including:
a. Location,boring number,approximate elevation of ground surface at boring
location. Approximate locations are provided to the geotechnical exploration
contractor to locate the borings in the field, (Table 1). Actual locations can be
adjusted to accommodate access and equipment restrictions,with approval from the
City. Actual boring locations must be referenced in the report,and can be described
in reference to adjacent landmarks.
b. Name of driller and geotechnical engineer/geologist present at time of drilling
c. Equipment type and models used including drilling method
d. Location of each sample taken,type of sampler used,and other test results
e. Unified Soil Classification description(per ASTM D-2487 and D-2488) of each soil
sample including type,moisture, density,colorations,odors,and stratification
f. Locations of changes in strata by depth or elevation
h. Groundwater depth during drilling and prior to backfilling the boring
8. Graphic Representations, including:
a. Results of laboratory tests (summary tables, data plots,output curves)
b. Summary table of pavement thicknesses
c. Summary table of concrete liner and gravel bedding thicknesses
EXHIBITF_HELLCREEKPRELIMDESIGN_GEODATAREPORTSOW_REV2 5
• The geotechnical exploration contractor will backfill open boreholes and dispose of
excess drill cuttings in accordance with jurisdictional requirements. For bore holes
through the existing concrete,fill the bore hole and cap with a minimum 6-inch thick
concrete to seal the top of the hole to match the grade of the existing concrete.
• It is assumed that the subsurface soils are free of chemical contamination. If
contaminated soils are encountered during field investigation,the drilling will be
stopped immediately and the hole will be backfilled with bentonite slurry. The
contractor will contact ENGINEER immediately for additional direction. The drilling
will proceed only when appropriate protective measures are in place.
At the completion of each boring,clean up the site,remove all debris and cuttings so the site
is left in a neat condition similar to that prior to drilling. Contractor should take care to
minimize impacts to the turf on the City owned properties adjacent to A and C Streets. Any
disturbed areas shall be reseeded with a grass mixture to match existing grasses. After
reseeding,cover disturbed areas with long straw mulch. Long straw mulch shall consist of
dry straw or hay,free of noxious weeds.The mulch shall be reasonably bright in color and
shall not be musty,moldy,caked, decayed,or dusty.
Proposed Engineering Testing of Materials
Presented below is the proposed physical testing program listing the test name,ASTM
Standard, and the estimated number of tests. The number and type of test is for estimating
purposes only. The actual number and type of laboratory tests shall be determined by City
of Omaha after the subsurface exploration is completed.
• Moisture and Density, (ASTM D 2937) -16 tests
• Grain Size Analysis, (ASTM D 422) -10 tests
Grain Size Analysis-Hydrometer, (ASTM D 422) -4 tests
• Atterberg Limits, (ASTM D 4318) - 10 tests
• Modified Proctor, (ASTM D 1557) -4 tests (street locations)
• Direct Shear (drained) (undisturbed), (ASTM D 3080) -4 test (street locations)
• Unconsolidated Undrained Triaxial (ASTM D 2850) - 3 tests
• California Bearing Ratio (ASTM D 1883 -California Bearing Ratio of Laboratory-
Compacted Soils) -4 tests (street locations)
• Soil Corrosion Testing-3 tests
Geotechnical Data Report
At the conclusion of the exploration, the consultant shall prepare a written data report
describing the results of the field exploration including the laboratory testing results. The
items that must be included in this data report are listed below.
1. Clear definition of project scope and purpose
2. Description of project location and site conditions at the time of drilling
EXHIBITF_HELLCREEKPRELIMDESIGN_GEODATAREPORTSOW_REV2 4
stormwater pipe along the street edge and composition. Core street pavement to
overhead power lines in this area. assess existing pavement thickness.
B7-Channel bottom (center of channel),about Core in channel bottom, continuous
45 ft upstream of A Street Drive. Channel can be sample. Note concrete liner and gravel
accessed from City owned property on the west 5 bedding thickness.
side of the channel upstream of A St(fence can
be temporarily removed and replaced).
B8—A Street about 45 ft east of creek At least one bulk sample per boring,
centerline, middle of street.There are water, gas, sampling at 2.5 ft intervals. Note existing
stormwater along the street edges and overhead 30 pavement thickness and general
power lines in this area. composition. Core street pavement to
assess existing pavement thickness.
B9-Channel bottom(center of channel), about Core in channel bottom, continuous
210 ft upstream of C Street Drive. Channel can sample. Note concrete liner and gravel
be accessed from City owned property on the 5 bedding thickness.
west side of the channel upstream of C St(fence
can be temporarily removed and replaced).
B10-C Street about 45 ft west of creek At least one bulk sample per boring,
centerline, middle of street.There are water and sampling at 2.5 ft intervals. Note existing
gas pipes along the street edges and a sanitary 30 pavement thickness and general
sewer pipe along the west side of the creek in composition. Core street pavement to
this area. assess existing pavement thickness.
B11 —Channel bottom(center of channel),about Core and hand drill in channel bottom,
90 ft downstream of C Street Drive. Channel can continuous sample.
be accessed from City owned property on the
west side of the channel downstream of C St
(fence can be temporarily removed and 5
replaced). Note that there is an underground
fiber optic line that crosses the channel at an
angle about 250 ft downstream of C St that
should be avoided.
Borings shall be conducted in accordance with ASTM D-1586 and ASTM D-1587. The
following field exploration assumptions should be used for estimating purposes:
• Fieldwork will be conducted during daylight hours. Only one mobilization/
demobilization is considered for drilling.
• Driller and geotechnical engineer/geologist(to log the borings) must be present at time
of drilling.
• The geotechnical exploration contractor will obtain all necessary permits to complete the
work described in this scope of work. The proposed borings are located within an
existing City of Omaha stormwater easement along the channel and street right of ways.
Access locations and routes to the site are shown on Figure 2. Drill rig access will be
limited to City owned properties (see Figure 2) on the west side of the channel upstream
and downstream of A and C Streets, the channel easement,and the street right of ways.
Coordinate with ENGINEER at least 24-hours before mobilizing field crews.
• The geotechnical exploration contractor will obtain the proper utility clearances. Figure
2 also shows the approximate locations of existing underground and overhead utilities;
however,these need to be verified through field utility locates coordinated by the
contractor.
EXHBITF HELLCREEKPRELIMDESIGN_GEODATAREPORTSOW_REV2 3
The scope of work shall include conducting an on-site field exploration and obtaining
samples for engineering laboratory testing,conducting the laboratory testing,and
summarizing findings in a geotechnical data report. A proposal for the total estimated fee is
requested along with a fee breakdown for mobilizing/ demobilizing, drilling and logging
boreholes,sampling,standby time,laboratory testing(per each test and type), expenses,and
preparation of the data report. The number and type of laboratory tests shall be determined
by ENGINEER after the subsurface exploration is completed.
Figure 2 shows the current configuration of the creek along with proposed geotechnical
boring locations. These locations can be adjusted slightly in consultation with ENGINEER
due to site conditions or to avoid utilities. These borings will be advanced to a planned
depth below ground surface (bgs) as listed in Table 1. Table 1 also summarizes the proposed
sampling plan. It is acknowledged that actual conditions encountered during the
exploration may result in deviations from this plan or modifications of the tests performed;
such deviations or modifications must be approved in advance by the ENGINEER.
Table 1,Proposed On-site Sampling Plan
Planned Geotechnical Sampling Interval
Boring Location Depth(feet)
B1 —Westwood Lane,about 65 ft east of creek At least one bulk sample per boring,
centerline, middle of street.There are sampling at 2.5 ft intervals. Note existing
underground gas and water lines along the street 10 pavement thickness and general
edges, and overhead power lines in this area. composition. Core street pavement to
assess existing pavement thickness.
B2—Channel bottom (center of channel), about Core and hand drill in channel bottom,
140 ft upstream of 126th St. Channel access is continuous sample. Note concrete liner
limited to pedestrian access within the City's 50 ft and gravel bedding thickness.
right of way centered on the channel (fence line).
Note that there is an underground propane 5
line that crosses the channel at an angle
about 355 ft upstream of 126th St(which is
about 210 ft downstream of Westwood Lane)
that should be avoided.
B3- 126th St, about 45 ft west of creek 50 ft and at At least one bulk sample per boring,
centerline, middle of street.There are least 10 ft of sampling at 2.5 ft intervals. Note existing
underground gas and water lines along the street dense or pavement thickness and general
edges and a sanitary sewer on the west side of hard soil is composition. Core street pavement to
the creek in this area. encountered assess existing pavement thickness.
B4- 126th St,about 45 ft east of creek centerline, 50 ft and at At least one bulk sample per boring,
middle of street.There are underground gas and least 10 ft of sampling at 2.5 ft intervals. Note existing
water lines along the street edges and overhead dense or pavement thickness and general
power lines in this area. hard soil is composition. Core street pavement to
encountered assess existing pavement thickness.
B5-Channel bottom (center of channel), about Core and hand drill in channel bottom,
240 ft upstream of Seldin Drive. Channel access continuous sample. Note concrete liner
is limited to pedestrian access within the City's 5 and gravel bedding thickness.
50 ft right of way centered on the channel (fence
line).
B6—Seldin Drive, about 45 ft east of creek 30 At least one bulk sample per boring,
centerline, middle of street.There is a sampling at 2.5 ft intervals. Note existing
pavement thickness and general
EXHIBITF_HELLCREEKPRELIMDESIGN_GEODATAREPORTSOW_REV2 2
Exhibit F
Scope of Work
Geotechnical Field Exploration for the
Hell Creek Rehabilitation at Westwood Lane
City of Omaha, Nebraska
This Scope of Services is the basis of the contract between CH2M HILL Engineers, Inc.,
("ENGINEER") and Thiele Geotech, Inc. ("SUBCONSULTANT") for a PROJECT generally
described as the Hell Creek Rehabilitation at Westwood Lane ("Project").
General Scope of Work
The purpose of this scope of work is to describe the geotechnical field exploration work
necessary for the Preliminary Design of stream restoration and roadway pavement project
along Hell Creek in Omaha,
Nebraska (Figure 1). The site is
0
located in Omaha, Nebraska near
Westwood Lane between Augusta
®� ,Ra' ,„,x'....2R Avenue and Pedersen Drive. The
Hell Creek study reach extends from
OMAHA M.
Westwood Lane downstream in a
PP
� generally southeast direction to the
Heli.Creek $ upstream side of the Union Pacific
t r Project Location o Railroad (UPRR) culvert southwest
a i ;.
r� of 121st and C Streets. There are five
OF� ��
road crossings (culverts) along the
study reach;Westwood Lane,Seldin^
Drive,126th Street,A Street,and C
milk
•'� Street. The UPRR culvert is at the
Mks
downstream limit of the project. The
FIGURE 1 entire study reach is paved with a
HELL CREEK LOCATION MAP trapezoidal concrete liner on the
channel bed and banks. The overall
project includes removal of the existing concrete lined channel and removal and
replacement of at least one (126th St),and up to three more (Seldin Drive,A and C Streets) of
the culverts downstream of Westwood Lane.
Geotechnical Exploration
The purpose of the geotechnical exploration is to characterize subsurface materials in and
adjacent to the Hell Creek channel,and at the road crossings.This project includes
(1) investigating the site for acceptable earth-fill materials for site regrading and seeding,
and (2) determining the geotechnical engineering properties of on-site materials and
subsurface strata for consideration while constructing a pedestrian bridge and/or
retrofitting culverts,headwalls and wingwalls at the culverts,and resurfacing the streets
where culverts are replaced.
EXHIBITF_HELLCREEKPRELIMDESIGN_GEODATAREPORTSOW_REV2 1
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r -;' �A�.y�'J ,y 'L. 4i k l .. ,3� `Y� • -t 31.�5'�' hn
a44 - .tb • .
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irflii-
4< • 'rai-'. +a i.1i3 Mgr - 3 �^ {-mt
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-vet t x 4« a t r
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'_ ' SUMey Limits :,.-.
' City-Owned Parcel. — ro
----- Residential Parcel w �} =� ' "
r UP Railroad Parce , t.
FIGURE 2
HELL CREEK SURVEY EXTENTS MAP
EXHIBITS HELLCREEKPRELIMDESIGN_SURVEYSOW_REV2 7
improvements on the subject parcel without incurring obligation for additional compensation to
the Surveyor. The original drawings,field notes,and report shall be and shall remain the
property of the ENGINEER and shall be rendered to the ENGINEER upon completion of the
work.
EXHI BITE_HELLCREEKPRE LI MDESIGN_SURVEYSOW_REV2 6
2. SUBCONSULTANT shall provide (in electronic format specified above) one set of
preliminary drawings (plan view at scale of 1 inch=20 feet),an ASCII file containing
point numbers,northing,easting, and point descriptions, and drawing files of the
topographic and tree surveys for ENGINEER for review and comment. Stream cross
sections and other features shall be placed on separate levels as described above.
Preliminary submittal shall be provided by SUBCONSULTANT to ENGINEER no more
than three (3) weeks after SUBCONSULTANT is issued Notice to Proceed.
6. ENGINEER will return any comments to SUBCONSULTANT of which
SUBCONSULTANT will be responsible for incorporating the comments into the final
documents. SUBCONSULTANT shall provide two (2) signed and sealed (by a
professional surveyor who is registered in the State of Nebraska) copies of the final 1 foot
contour topographic base map and tree surveys,along with a compact disk (CD)
containing the final survey computer files. The computer files will be in the following
format:
a. Topographic: AutoCAD 2013 [3D format with associated DTM, graphical
representations of points,breaklines,and graphic triangles used in creating the DTM.
b. Trees,utilities, and other site features: AutoCAD 2013.
c. ASCII text file of X,Y, and Z values and labels for all survey points.
3. Final submittal shall be provided by SUBCONSULTANT to ENGINEER no more than one
(1) week after ENGINEER provides SUBCONSULTANT with review comments on
preliminary submittal.
4. SUBCONSULTANT shall provide ENGINEER with one (1) legible hard copy of field
notes.
Health and Safety
The SUBCONTRACTOR is to provide and assume responsibility for adequate health and safety
protection for onsite personnel. ENGINEER requires contracted land surveyors to provide
evidence of having received OSHA-specified training to conduct work on potentially hazardous
sites. The specific content of the training requirements are outlined in 29 CFR 1910.120(e).
The SUBCONTRACTOR is to provide ENGINEER's office with copies of current training and
medical certifications,and to insure that this documentation accompanies their personnel onto
job sites for any work authorized under this agreement.
The survey area is mostly flat, concrete areas in a valley with mildly steep slopes. Some access
areas may require walking can crossing a chain link fence to get into the channel. Channel can
be accessed from City owned property on the west side of the channel upstream and
downstream of both A and C Streets (Figure 2).
Miscellaneous
It is understood that the ENGINEER may reproduce or use all or part of the information
provided in the report in connection with the design and construction of the proposed
EXHIBITE_HELLCREEKPRELIMDESIGN_SURVEYSOW_REV2 5
Street,Scarborough Drive,and the golf cart bridge. Use existing permanent benchmarks
if available. Topographic survey collected for this project shall tie to these benchmarks.
12. SUBCONSULTANT shall define the factors for converting from grid to ground and will
supply the grid,elevation and combined scale factors used along with truncation factors
and a description of how to convert between systems.
Survey Specifications
Survey control accuracy shall meet or exceed Second Order - Class II, as outlined in the Federal
Geographic Data Committee (FGDC) Geospatial Positioning Accuracy Standards, Part 4:
Standards for Architecture, Engineering, Construction (A/F/C) and Facility Management
(Standards). Horizontal Control work can be done using either standard surveying techniques
or Global Positioning System (GPS) techniques meeting the specification requirements outlined
in this scope.
Feature accuracy shall meet or exceed a local positional tolerance of 0.1 ft horizontal and 0.1 ft
vertical.
The Surveyor shall provide X,Y and Z coordinates of all points reported to 0.01 feet.
Coordinates shall be provided in the Nebraska State Plane Feet (NSPF) Coordinate System, and
in the latest adjustment for the area. The horizontal and vertical data shall be NAD 83 and
NAVD 88, respectively. Units of Measurement shall be U.S. Survey Feet. It is anticipated and
recommended that traditional survey methods be used to establish the stream cross sections.
Survey work shall be provided in ground coordinates. The accuracy of the field survey shall
conform to the same standards as the control network.
Prior to the start of the work, the surveyor shall identify and provide to ENGINEER the State
Plane Coordinate System (SPCS) datum, latest adjustment,proper zone, grid scale factor,
elevation scale factor, combined scale factor and truncation factors. A description of how to
convert between grid and ground coordinates will also be provided.
Daily information shall be recorded in field book format and data collector information shall be
provided to ENGINEER at the conclusion of the survey. Level and horizontal traverse networks
shall be closed to the starting point and the errors recorded. Horizontal and vertical traverse
accuracy shall be within the acceptable range as noted in the STANDARDS. Field notes shall
include: the date, names of the crew, weather conditions, barometric pressure, and collected
survey data information.
Deliverables
1. The Surveyor shall provide 3D topographical and planimetric survey data in a CADD
digital terrain model(DTM) format and RAW ASCII comma delimited equivalent of the
survey data formatted as follows; (X,Y,Z,feature) at a minimum. Seed files and
complimentary files provided shall have an established unit of US survey feet and survey
tenths. The Survey file shall clearly display the vertical datum on all elevation references.
Survey files generated using Autodesk's Land Desktop Development(LDD) application
or equal, are required to revert those objects to the basic 3D AutoCAD entities before
submittal.
EXHIBITE_HELLCREEKPRELIMDESIGN_SURVEYSOW_REV2 4
8. Survey details (top of road,low chord,culvert headwall dimensions) of the 126th Street,
Seldin Drive,A Street,C Street,and Union Pacific Railroad culverts (Figure 2).
Appropriate approvals must be obtained prior entering UPRR property.
9. Locate and survey trees (within survey limits and along the channel) greater than or
equal to 6 inches diameter at breast height within survey limits as shown on Figure 2.
The tree survey shall list the tree species as hardwood or pine and its breast high
diameter (BHD).
10. Survey elevation of lowest finished floor of the residence and other habitable structures
at(detailed ground surveys of these properties are not required);
• Upstream of 126th Street
o 12632 Augusta Ave
o 12628 Augusta Ave
o 12608 Augusta Ave
o 3122 Pedersen Drive
o 3118 Pedersen Drive
o 3114 Pedersen Drive
• Upstream of Seldin Drive
o 3347 Augusta Ave
o 3341 Augusta Ave
o 3335 Augusta Ave
o 3330 Pedersen Drive
o 3324 Pedersen Drive
o 3318 Pedersen Drive
• Upstream of A Street
o 12205 Pedersen Drive
o 12209 Pedersen Drive
o 12213 Pedersen Drive
• Upstream of C Street
o 3611 S 123 St
o 3617S123St
o 12151 Pedersen Drive
o 12155 Pedersen Drive
o 12159 Pedersen Drive
• Downstream of C Street
o 12125 Pedersen Drive
o 12121 Pedersen Drive
o 12117 Pedersen Drive
o 12113 Pedersen Drive
General Requirements
11. SUBCONSULTANT shall install a maximum three (3) permanent benchmark
monuments (disk-type) at locations coordinated with ENGINEER;in the vicinity of 25th
EXHIBITE_HELLCREEKPRELIMDESIGN_SURVEYSOW_REV2 3
All work shall be conducted under the direct supervision of a Professional Land Surveyor
licensed and in good standing with the State of Nebraska. All work shall be conducted using
equipment, personnel, and procedures that will insure compliance with the accuracy standards
as defined below. It is the responsibility of the supervising Land Surveyor to ensure that all
work under this agreement complies with all state and local regulations. All documents
submitted shall bear the surveyor's seal, signature, and a certificate that all work was done
under the surveyor's supervision and that all information contained in the document is true and
is accurately shown. SUBCONSULTANT bears responsibility for coordinating access of their
personnel onto property to perform required work.
Specific Requirements
1. The Project limits of the topographic survey include the Hell Creek channel easement
limits,including the existing fence along the channel and five (5) roadway structures
(Figure 2). In addition,the topographic survey shall include the area within the right of
way along Westwood Lane, 126th Street,Seldin Drive, A Street,and C Street generally
between Augusta Avenue and Pedersen Drive and the four parcels that the City owns
on the west side of the channel upstream and downstream of A and C Streets.
2. Locate and describe utilities and personal property features including,but not limited to
manholes,power poles,utility boxes,retaining walls,trees,shrubs, gardens,sheds,
decks,fences,permanent playground features and other features that are abutting the
fence along the creek right of way and road right of way that can be located from access
within City property or right of way. Note the height of retaining walls above grade and
locate both ends of retaining walls. The intent is to identify all utilities and personal
property that may be impacted by the removal of the concrete channel liner and fence.
3. Survey sufficient ground points and/or channel cross sections to represent features
within the limits of the survey to produce 0.5 ft interval topographic contours (1" = 20'
scale for plan view). In general,this boundary is described in Figure 2.
4. The channel centerline inverts and channel cross sectional shape are of particular
interest for this project.Survey channel toe of slope,top of bank,and other significant
breaks in channel shape.Channel toe,bank,and centerline elevations are to be
incorporated into the topographic contours.
5. Survey sufficient ground points to represent features within the limits of the survey
including fences that are generally parallel to the channel, tributaries and other storm
drainage features (pipe outlets,washes,swales).
6. Survey up to three (3) temporary bench marks flagged in the field by ENGINEER.
Coordinate with ENGINEER to determine approximate location of temporary
benchmarks.
7. Survey the inverts and note the material and diameters of sanitary and storm sewer
pipes and storm sewer outfalls within the survey limits.
EXHIBITE_HELLCREEKPRELIMDESIGN_SURVEYSOW_REV2 2
Exhibit E
Scope of Work
Survey for the
Hell Creek Rehabilitation at Westwood Lane
City of Omaha, Nebraska
This Scope of Services is the basis of the contract between CH2M HILL Engineers, Inc.,
("ENGINEER") and R.W. Engineering and Surveying,Inc. ("SUBCONSULTANT") for a
PROJECT generally described as the Hell Creek Rehabilitation at Westwood Lane ("Project").
General Summary
The purpose of this scope of work is to describe the survey work necessary to provide sufficient
topographic data to design a stream restoration and roadway pavement project along Hell
Creek in Omaha, Nebraska (Figure 1). The Project site is located near Westwood Lane between
Augusta Avenue and Pedersen Drive. The Hell Creek study reach extends from Westwood
Lane downstream in a generally
southward direction to the upstream
�m I „deir 2 side of the UPRR culvert southwest of
4 N 121st and C Streets. There are five road
crossings (culverts) along the study
v r reach; Westwood Lane, Seldin Drive,
OMAHA , 126th Street, A Street, and C Street. The
-fit Union Pacific Railroad (UPRR) culvert is
lit
(,• '• HeII.Creek ""` at the downstream limit of the project.
irgect Location o' The entire study reach is paved with a
111��".�� trapezoidal concrete liner on the channel
' ram, IF
bed and banks. The overall project
''• }�„ �� Aw includes removal of the existing concrete
oda' r �L lined channel and removal and
replacement of at least one (126th St), and
Mies up to three more (Seldin Drive, A and C
FIGURE 1 Streets) of the culverts downstream of
HELL CREEK LOCATION MAP Westwood Lane.
The surveyor shall take all reasonable precautions to prevent damage to public and private
property, and shall restore the site to the condition existing prior to the surveyors' entry.
EXHIBITE HELLCREEKPRELIMDESIGN_SURVEYSOW_REV2 1
or its employees or contractors in connection with the illegal,or unenforceable,the enforceability of the
PROJECT. remaining provisions shall not be impaired thereby.
6.9 Assignment 6.13.2 Limitations of liability, indemnities, and other
This is a bilateral personal Services AGREEMENT. express representations shall survive termination of this
Neither party shall have the power to or will assign any AGREEMENT for any cause.
of the duties or rights or any claim arising out of or
related to this AGREEMENT,whether arising in tort, 6.14 Materials and Samples
contract or otherwise,without the written consent of the Any items, substances, materials, or samples removed
other party.Any unauthorized assignment is void and from the PROJECT site for testing,analysis,or other
unenforceable.These conditions and the entire evaluation will be returned to the PROJECT site within
AGREEMENT are binding on the heirs, successors, and 60 days of PROJECT close-out unless agreed to
assigns of the parties hereto. otherwise. CITY recognizes and agrees that PROVIDER
is acting as a bailee and at no time assumes title to said
6.10 Consequential Damages items,substances, materials,or samples.
To the maximum extent permitted by law, PROVIDER
and PROVIDER's affiliated corporations, officers, 6.15 Engineer's Deliverables
employees,and subcontractors shall not be liable for Engineer's deliverables, including record drawings, are
CITY's special, indirect, or consequential damages, limited to the sealed and signed hard copies. Computer-
whether such damages arise out of breach of contract generated drawing files furnished by PROVIDER are for
or warranty, tort including negligence, strict or statutory CITY or others'convenience.Any conclusions or
liability,or any other cause of action. In order to protect information derived or obtained from these files will be
PROVIDER against indirect liability or third-party at user's sole risk.
proceedings, CITY will indemnify PROVIDER for any 6.16 Dispute Resolution
such damages.
The parties will use their best efforts to resolve amicably
6.11 Waiver any dispute, including use of alternative dispute
CITY waives all claims against PROVIDER, including resolution options.
those for latent defects,that are not brought within 6.17 Ownership of Work Product and Inventions
2 years of substantial completion of the facility designed All of the work product of the PROVIDER in executing
or final payment to PROVIDER,whichever is earlier. this PROJECT shall remain the property of PROVIDER.
6.12 Jurisdiction CITY shall receive a perpetual, royalty-free, non-
The substantive law of the state of the PROJECT site transferable, non-exclusive license to use the
shall govern the validity of this AGREEMENT, its deliverables for the purpose for which they were
interpretation and performance, and any other claims intended. Any inventions, patents,copyrights,computer
related to it. software, or other intellectual property developed during
the course of, or as a result of,the PROJECT shall
6.13 Severability and Survival remain the property of the PROVIDER.
6.13.1 If any of the Provisions contained in this
AGREEMENT are held for any reason to be invalid,
FORM 398
REVISED 1/06 4
5.7.2 CITY shall require construction contractor(s)to officers,employees,subcontractors,and affiliated
name CITY and PROVIDER as additional insureds on corporations from all claims,damages, losses, and
the contractor's general liability insurance policy. costs, including, but not limited to, litigation expenses
and attorneys fees arising out of or related to the
5.7.3 CITY agrees to include the following clause in unauthorized reuse,change or alteration of these
all contracts with construction contractors,and PROJECT documents.
equipment or materials suppliers:
"Contractors, subcontractors,and equipment and 6.3 Force Majeure
material suppliers on the PROJECT, or their sureties, PROVIDER is not responsible for damages or delay in
shall maintain no direct action against PROVIDER, performance caused by acts of God, strikes, lockouts,
PROVIDER's officers, employees,affiliated accidents,or other events beyond the control of
corporations,and subcontractors for any claim arising PROVIDER. In any such event, PROVIDER'S contract
out of, in connection with, or resulting from the price and schedule shall be equitably adjusted.
engineering services performed. CITY will be the only 6.4 Limitation of Liability
beneficiary of any undertaking by PROVIDER." 6.4.1 To the maximum extent permitted by law,
5.8 CITY's Insurance PROVIDER's liability for CITY's damages will not, in the
5.8.1 CITY will maintain property insurance on all aggregate,exceed$150,000.
pre-existing physical facilities associated in any way 6.4.2 This article takes precedence over any
with the PROJECT. conflicting article of this AGREEMENT or any document
5.8.2 CITY will provide for a waiver of subrogation as incorporated into it or referenced by it.
to all CITY-carried property damage insurance,during 6.4.3 This limitation of liability will apply whether
construction and thereafter, in favor of PROVIDER, PROVIDER's liability arises under breach of contract or
PROVIDER's officers,employees,affiliates,and warranty;tort; including negligence; strict liability;
subcontractors. statutory liability; or any other cause of action, and shall
5.8.3 CITY will provide(or have the construction include PROVIDER's officers, affiliated corporations,
contractor(s) provide)a Builders Risk All Risk insurance employees,and subcontractors.
policy for the full replacement value of all PROJECT 6.5 Termination
work including the value of all onsite CITY-furnished 6.5.1 This AGREEMENT may be terminated for
equipment and/or materials associated with convenience on 30 days'written notice,or for cause if
PROVIDER's services. Such policy will include either party fails substantially to perform through no fault
coverage for loss due to defects in materials and of the other and does not commence correction of such
workmanship and errors in design, and will provide a nonperformance within 5 days of written notice and
waiver of subrogation as to PROVIDER and the diligently complete the correction thereafter.
construction contractor(s) (or CITY),and their respective 6.5.2 On termination, PROVIDER will be paid for all
officers,employees, agents, affiliates, and authorized services performed up to the termination
subcontractors. CITY will provide PROVIDER a copy of date plus termination expenses, such as, but not limited
such policy. to, reassignment of personnel,subcontract termination
5.9 Litigation Assistance costs,and related closeout costs.
The Scope of Services does not include costs of 6.6 Suspension, Delay, or Interruption of Work
PROVIDER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of
support, prepare,document, bring,defend, or assist in PROVIDER for the convenience of CITY. In such event,
litigation undertaken or defended by CITY.All such PROVIDER's contract price and schedule shall be
Services required or requested of PROVIDER by CITY, equitably adjusted.
except for suits or claims between the parties to this
AGREEMENT,will be reimbursed as mutually agreed. 6.7 No Third-Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone
5.10 Changes other than CITY and PROVIDER and has no third-party
CITY may make or approve changes within the general beneficiaries.
Scope of Services in this AGREEMENT. If such
changes affect PROVIDER's cost of or time required for 6.8 Indemnification
performance of the services, an equitable adjustment 6.8.1 PROVIDER agrees to indemnify CITY for any
will be made through an amendment to this claims, damages, losses,and costs, including, but not
AGREEMENT. limited to, attorney's fees and litigation costs, arising out
of claims by third parties for property damage or bodily
ARTICLE 6.GENERAL LEGAL PROVISIONS injury, including death,to the proportionate extent
6.1 Authorization to Proceed caused by the negligence or willful misconduct of
PROVIDER, PROVIDER's employees,affiliated
Execution of this AGREEMENT by CITY will be
corporations,and subcontractors in connection with the
authorization for PROVIDER to proceed with the work,
PROJECT.
unless otherwise provided for in this AGREEMENT.
6.8.2 CITY agrees to indemnify PROVIDER from any
6.2 Reuse of PROJECT Documents claims, damages, losses,and costs, including, but not
All reports, drawings, specifications, documents,and limited to, attorney's fees and litigation costs, arising out
other deliverables of PROVIDER,whether in hard copy of claims by third parties for property damage or bodily
or in electronic form, are instruments of service for this injury, including death,to the proportionate extent
PROJECT,whether the PROJECT is completed or not. caused by the negligence or willful misconduct of CITY,
CITY agrees to indemnify PROVIDER and PROVIDER's
FORM 398
REVISED 1/06 3
4.5 Construction Progress Payments ARTICLE 5.OBLIGATIONS OF CITY
Recommendations by PROVIDER to CITY for periodic 5.1 CITY-Furnished Data
construction progress payments to the construction CITY will provide to PROVIDER all data in CITY's
contractor(s)will be based on PROVIDER's knowledge, possession relating to PROVIDER's services on the
information, and belief from selective sampling that the PROJECT. PROVIDER will reasonably rely upon the
work has progressed to the point indicated. Such accuracy,timeliness, and completeness of the
recommendations do not represent that continuous or information provided by CITY.
detailed examinations have been made by PROVIDER
to ascertain that the construction contractor(s)have 5.2 Access to Facilities and Property
completed the work in exact accordance with the CITY will make its facilities accessible to PROVIDER as
construction documents;that the final work will be required for PROVIDER's performance of its services
acceptable in all respects;that PROVIDER has made and will provide labor and safety equipment as required
an examination to ascertain how or for what purpose the by PROVIDER for such access. CITY will perform, at no
construction contractor(s)have used the moneys paid; cost to PROVIDER,such tests of equipment,
that title to any of the work, materials,or equipment has machinery, pipelines, and other components of CITY's
passed to CITY free and clear of liens, claims,security facilities as may be required in connection with
interests, or encumbrances; or that there are not other PROVIDER's services.
matters at issue between CITY and the construction
contractors that affect the amount that should be paid. 5.3 Advertisements, Permits,and Access
Unless otherwise agreed to in the Scope of Services,
4.6 Record Drawings CITY will obtain,arrange, and pay for all advertisements
Record drawings, if required,will be prepared, in part, for bids; permits and licenses required by local, state,or
on the basis of information compiled and furnished by federal authorities; and land,easements, rights-of-way,
others, and may not always represent the exact and access necessary for PROVIDER's services or
location,type of various components, or exact manner PROJECT construction.
in which the PROJECT was finally constructed.
PROVIDER is not responsible for any errors or 5.4 Timely Review
omissions in the information from others that is CITY will examine PROVIDER's studies, reports,
incorporated into the record drawings. sketches, drawings, specifications, proposals, and other
4.7 Access to PROVIDER's Accounting Records documents;obtain advice of an attorney, insurance
PROVIDER will maintain accounting records, in counselor, accountant,auditor, bond and financial
accordance with generally accepted accounting advisors, and other consultants as CITY deems
principles.These records will be available to CITY appropriate; and render in writing decisions required by
during PROVIDER's normal business hours for a period CITY in a timely manner.
of 1 year after PROVIDER's final invoice for examination 5.5 Prompt Notice
to the extent required to verify the direct costs CITY will give prompt written notice to PROVIDER
(excluding established or standard allowances and whenever CITY observes or becomes aware of any
rates)incurred hereunder. CITY may only audit development that affects the scope or timing of
accounting records applicable to a cost-reimbursable PROVIDER's Services,or of any defect in the work of
type compensation.
PROVIDER or construction contractors.
4.8 PROVIDER's Insurance 5.6 Asbestos or Hazardous Substances
PROVIDER will maintain throughout this AGREEMENT 5.6.1 If asbestos or hazardous substances in any
the following insurance: form are encountered or suspected, PROVIDER will
(a) Worker's compensation and employer's liability stop its own work in the affected portions of the
insurance as required by the state where the work is PROJECT to permit testing and evaluation.
performed. 5.6.2 If asbestos is suspected, PROVIDER will, if
(b) Comprehensive automobile and vehicle liability requested, manage the asbestos remediation activities
insurance covering claims for injuries to members of the using a qualified subcontractor at an additional fee and
public and/or damages to property of others arising from contract terms to be negotiated.
use of motor vehicles, including onsite and offsite 5.6.3 If hazardous substances other than asbestos
operations, and owned, nonowned,or hired vehicles, are suspected, PROVIDER will, if requested,conduct
with$1,000,000 combined single limits. tests to determine the extent of the problem and will
(c) Commercial general liability insurance covering perform the necessary studies and recommend the
claims for injuries to members of the public or damage necessary remedial measures at an additional fee and
to property of others arising out of any covered contract terms to be negotiated.
negligent act or omission of PROVIDER or of any of its 5.6.4 Client recognizes that CH2M HILL assumes no
employees,agents,or subcontractors,with$1,000,000 risk and/or liability for a waste or hazardous waste site
per occurrence and in the aggregate. originated by other than CH2M HILL.
(d) Professional liability insurance of$1,000,000 5.7 Contractor Indemnification and Claims
per occurrence and in the aggregate. 5.7.1 CITY agrees to include in all construction
(e) CITY will be named as an additional insured contracts the provisions of Article 4.3, PROVIDER's
with respect to PROVIDER's liabilities hereunder in Personnel at Construction Site,and provisions providing
insurance coverages identified in items(b)and (c)and contractor indemnification of CITY and PROVIDER for
PROVIDER waives subrogation against CITY as to said contractor's negligence.
policies.
FORM 398
REVISED 1/06 2
Exhibit D — Supplemental Provisions
ARTICLE 1.SCOPE OF SERVICES 4.3 PROVIDER's Personnel at Construction Site
4.3.1 The presence or duties of PROVIDER's
PROVIDER will perform the Scope of Services set forth personnel at a construction site,whether as onsite
in Exhibit B. representatives or otherwise,do not make PROVIDER
ARTICLE 2.COMPENSATION or PROVIDER's personnel in any way responsible for
those duties that belong to CITY and/or the construction
CITY will compensate PROVIDER as set forth in Exhibit contractors or other entities, and do not relieve the
C. Work performed under this AGREEMENT may be construction contractors or any other entity of their
performed using labor from affiliated companies of obligations,duties, and responsibilities, including, but
PROVIDER. Such labor will be billed to CITY under the not limited to, all construction methods, means,
same billing terms applicable to PROVIDER's techniques, sequences, and procedures necessary for
employees. coordinating and completing all portions of the
construction work in accordance with the construction
ARTICLE 3.TERMS OF PAYMENT Contract Documents and any health or safety
CITY will pay PROVIDER as follows: precautions required by such construction work.
3.1 Invoices and Time of Payment 4.3.2 PROVIDER and PROVIDER's personnel have
PROVIDER will issue monthly invoices pursuant to no authority to exercise any control over any
Exhibit C. Invoices are due and payable within 30 days construction contractor or other entity or their
of receipt. employees in connection with their work or any health or
3.2 Interest safety precautions and have no duty for inspecting,
3.2.1 CITY will be charged interest at the rate of 1-
noting, observing, correcting,or reporting on health or
1/2% per month, or that permitted by law if lesser,on all safety deficiencies of the construction contractor(s)or
past-due amounts starting 30 days after receipt of other entity or any other persons at the site except
invoice. Payments will first be credited to interest and PROVIDER's own personnel.
then to principal. 4.3.3 The presence of PROVIDER's personnel at a
3.2.2 In the event of a disputed billing, only the construction site is for the purpose of providing to CITY
disputed portion will be withheld from payment,and a greater degree of confidence that the completed
CITY shall pay the undisputed portion. CITY will construction work will conform generally to the
exercise reasonableness in disputing any bill or portion construction documents and that the integrity of the
thereof. No interest will accrue on any disputed portion design concept as reflected in the construction
of the billing until mutually resolved. documents has been implemented and preserved by the
construction contractor(s). PROVIDER neither
3.2.3 If CITY fails to make payment in full within 30 guarantees the performance of the construction
days of the date due for any undisputed billing, contractor(s) nor assumes responsibility for construction
PROVIDER may, after giving 7 days'written notice to contractor's failure to perform work in accordance with
CITY, suspend services under this AGREEMENT until the construction documents.
paid in full, including interest. In the event of suspension For this AGREEMENT only, construction sites include
of services, PROVIDER will have no liability to CITY for places of manufacture for materials incorporated into
delays or damages caused by CITY because of such the construction work, and construction contractors
suspension. include manufacturers of materials incorporated into the
construction work.
ARTICLE 4.OBLIGATIONS OF PROVIDER
4.1 Standard of Care 4.4 Opinions of Cost, Financial Considerations, and
The standard of care applicable to PROVIDER's Schedules
Services will be the degree of skill and diligence In providing opinions of cost,financial analyses,
normally employed by professional engineers or economic feasibility projections,and schedules for the
consultants performing the same or similar Services at PROJECT, PROVIDER has no control over cost or price
the time said services are performed. PROVIDER will of labor and materials; unknown or latent conditions of
reperform any services not meeting this standard existing equipment or structures that may affect
without additional compensation. operation or maintenance costs;competitive bidding
procedures and market conditions;time or quality of
4.2 Subsurface Investigations performance by operating personnel or third parties;and
In soils,foundation,groundwater,and other subsurface other economic and operational factors that may
investigations,the actual characteristics may vary materially affect the ultimate PROJECT cost or
significantly between successive test points and sample schedule.Therefore, PROVIDER makes no warranty
intervals and at locations other than where that CITY's actual PROJECT costs,financial aspects,
observations, exploration,and investigations have been economic feasibility,or schedules will not vary from
made. Because of the inherent uncertainties in PROVIDER's opinions,analyses, projections, or
subsurface evaluations,changed or unanticipated estimates.
underground conditions may occur that could affect total If CITY wishes greater assurance as to any element of
PROJECT cost and/or execution.These conditions and PROJECT cost,feasibility, or schedule, CITY will
cost/execution effects are not the responsibility of employ an independent cost estimator,contractor,or
PROVIDER. other appropriate advisor.
FORM 398
REVISED 1/06 1
CITY OF OMAHA-HELL CREEK AT WESTWOOD LANE-PRELIMINARY DESIGN SCOPE OF WORK
TABLE 2
Hell Creek Rehabilitation at Westwood Lane Preliminary Design-Labor Summary
Team Member Task 1 -Project Task 2- Task 3- Task 4- Total
Management Preliminary Grant Preliminary Hours
Design Admin Permitting
Arsenault, Carla-Administrative Assistant 24 24
Brown, Brent-Stream Design Engineer 20 120 140
Cunningham,Joanna-Subcontract Admin 12 12
Decker, Ranae-Specification Coordinator 4 4
Drake, Brian- Engineer-Modeling 80 80
Dunagen, David-Senior Technical Editor 6 6
Edgerton, Robert-Cost Estimating 36 36 •
Heinemann,Tom-Project Principal 4 4
Hoffman, Lisa-Project Delivery Admin 4 4
Holtzclaw, Emily-Project Manager 40 100 52 12 204
Lingor, Greg-Structural Senior QC 2 2
Miller,Jarvis-CAD Technician 82 82
Miller, Steve-Stream Design Senior QC 4 4
Peterson, Michael-Health&Safety Coord 4 4
Rohner,John-Senior Structural Engineer 4 60 60
St. Claire, Sonja-Accountant 8 8
Woo,Jack-Geotechnical QC 8 8
Total Hours 120 502 52 12 682
OMA/EXHIBITC_HELLCREEKPRELIMDESIGN_COMPENSATION_REV1 2
Exhibit "C" - Compensation
Compensation for Hell Creek Rehabilitation at Westwood Lane Preliminary Design Tasks 1-4,as
enumerated in Exhibit"B", Article 1,Scope of Services, and in Article 2,Schedule,will be performed on
a time and material basis. The work will be performed at 2.13 salary cost multiplier,plus actual costs
for direct expenses and subcontracting services multiplied by a 1.1 multiplier. The total estimated cost
shall not exceed$144,430.00 without agreement and authorization by both parties. A breakdown of the
estimated level of effort is provided in Table 1. For budgeting purposes,it is assumed that 2014 hourly
rates will be escalated by 3 percent from 2013 hourly rates, effective on or around 4/1/2014. A
summary of Labor Hours is included in Table 2.
TABLE 1
Hell Creek Rehabilitation at Westwood Lane Preliminary Design-Budget
Task Price
Task 1 -Project Management $17,312.82
Task 2-Preliminary Design $115,283.58
Task 3-Grant Administration Support $9,431.32
Task 4-Preliminary Permitting $2,402.28
Total $144,430.00
OMAIEXHIBITC HELLCREEKPRELIMDESIGN_COMPENSATION_REV1 1
Figure 2.Hell Creek at Westwood Lane Stream Rehabilitation
Preliminary Design Schedule
ID Task Name I Start ! Finish I Jan 14 1 Feb'14 I Mar'14 _ r_�A '14 I May'14
[ M r E l 6 ! M 1 E LB M��E ( B i _
IUP
B M I E ! B�M L, E
1 EE Notice to Proceed Fri 1/24/14 Fri 1/24/141 .-.-11,2'
2 Task 1 -Project Management Mon 1/27/14 Fri 5/30/14' %
3 Q 1.1 -Project Administration Mon 1/27/14 Fri 5/30/14; T )
—47 cc 1.2-Kick-off Meeting Mon 2/3/14 Mon 2/3/14 1r♦-2/3
5 cc 1.3-Initial Public Meeting Tue 2/11/14 Tue 2/11/14; 1. 2/11
6 Icc 1.4-30 Percent Design Public Meeting Tue 5/13/14 Wed 5/21/14', ♦ 5/13
Task 2-Design Tue 2/4/14 Mon 4/21/14 ♦T ♦
8 cE 2.1 -Topographic Survey Tue 2/4/14 Mon 3/17/14 ( )
9 Q 2.2-Geotechnical Study Tue 2/4/14 Mon 3/17/14 ( )
10 Q 2.3-Structural Assessment Tue 2/4/14 Mon 2/17/14i
11 cc 2.4-Hydraulic Analyses Tue 2/4/14 Mon 3/3/141 ( _ )
12 2.5-30 Percent Design Tue 2/4/14 Mon 4/21/14 .
I
13 cE Design Tue 2/4/14 Mon 4/14/14 (_ }—�
14 EL Workshop Mon 4/21/14 Mon 4/21/14!
15; Task 3-Grant Administration Support Tue 2/4/14 Wed 5/7/14
16 Q 3.1 P-MR NRD Grant(can be done in 2015 instead) Tue 2/4/14 Mon 3/3/14 ( )
-if Q 3.2 NET Grant(Q1 and Q2 2014) Tue 2/4/14 Wed 5/7/14
18 , Task 4-Preliminary Permitting Mon 5/19/14 Mon 5/19/14
19 Q 4.1 -USAGE 404 Pre-Application Meeting Mon 5/19/14 Mon 5/19/141 ♦ 5/19
Task ( ) Milestone ♦ External Tasks
Project Hell Creek Prelim Design Split ry
Date:Wed 1/8/14 Summa External Milestone
Progress sammammo Project Summary - Deadline
Page 1 CH2M HILL
CITY OF OMAHA-HELL CREEK REHABILITATION AT WESTWOOD LANE SCOPE OF WORK
Provider will provide documentation for the City to submit quarterly reports to NET and periodic
reports to the P-MR NRD for the Urban Drainageway Program grant,as required to receive
reimbursement for design and construction of the PROJECT. Documentation will include invoices for
the design of the PROJECT,information extracted from the Basis of Design report,and information
from the construction drawings.
Task 3 Deliverables
Urban Drainageway grant application will be submit directly to the P-MR NRD after City review and
approval.
Documentation for the City to submit up to ten(10) quarterly reports to NET and up to three (3)
periodic reports to the P-MR NRD for the respective grant programs.
Task 4: Preliminary Permitting
Based on an initial meeting with John Snowdon of the USACE about this project as part of a previous
project,it is assumed that the PROJECT will be granted a Section 404 of the Clean Water Act
Nationwide permit.John Snowdon stated at the July 15,2010 meeting that a Nationwide 27 permit
for Aquatic Habitat Restoration, Establishment, and Enhancement Activities will be appropriate for
the PROJECT. Provider will facilitate pre-application meeting with a representative of the Omaha
District of the USACE regulatory branch to confirm the previous permitting conversation's guidance,
and discuss permitting related issues for the PROJECT.
Task 4 Deliverables
Meeting agenda and summary notes from pre-application meeting;one (1) digital(PDF format) and
one (1)hard copy.
ARTICLE 2 - Schedule
The estimated PROJECT schedule is shown in Figure 2 and is based upon a Notice to Proceed from
the City of (January 22,2014). Deliverable deadlines and City review periods are included in the
descriptions of the individual tasks.
•
OMNEXHIBITS_HELLCREEKPRELIMDESIGN_SCOPESERVICES_REV_2 8
CITY OF OMAHA-HELL CREEK REHABILITATION AT WESTWOOD LANE SCOPE OF WORK
decisions and action items. Provider will provide draft minutes to City for review and
comment prior to finalizing.
Task 2 Deliverables
Site survey field book and electronic files.
One (1) digital (Word format) and one (1) hard copy of Preliminary Basis of Design Report including;
Geotechnical Data Report,Structural Assessment and Load Rating Capacity Technical Memorandum,
and Summary of Hydraulic Analyses.
Preliminary construction plan sheets,11"x17" sheets (one electronic PDF and two hard copies);
- Cover sheet with Sheet Index
- Quantities (place holder)
- General Notes
- Additional Notes and Legend
- Survey and Property Ownership Information
- Overall Site Plan and Key Map
- Traffic Control Plan (place holder)
- Stormwater Pollution Prevention Plan (SWPPP) Notes and Details (3 sheets)
- Existing Utilities, Removals, and SWPPP Plan Sheets (6 sheets)
- Existing Utilities Protection Details (place holder)
- Stream Plan and Existing Profile (6 sheets)
- Stormwater Outfalls Plan and Profiles
- Planting and Seeding Plans and Notes (3 sheets, place holder)
- Planting Standard Details
- Typical Stream Cross Section Details
- Typical Stream Cross Section Planting Details
- Grade Control Structure Details (3 sheets)
30 percent design construction OPC estimate.
One (1) digital(Word format) of Preliminary Design Workshop agenda, and draft and final meeting
summaries of each meeting.
Utility coordination log.
One (1) digital (Word format) of Preliminary Design Utility Coordination Meeting agenda,and draft
and final meeting summaries of each meeting.
Task 3: Grant Administration Support
The PROJECT has been awarded a grant by the Nebraska Environmental Trust(NET) Fund for
$1,000,000 to be distributed over a period of three years starting in June 2013. Provider will update
the draft P-MR NRD Urban Drainageway grant application for the Project,which was prepared
under a previous contract. Provider will submit the P-MR NRD grant application for the project in
the Spring of 2014 or 2015, as recommended by the P-MR NRD.The actual amount of the grant will
be determined based on available funds in the P-MR NRD fiscal year 2015 or 2016 budget,which
starts July 1, 2014 and July 1,2015,respectively.
OMAIEXHIBITB HELLCREEKPRELIMDESIGN_SCOPESERVICES_REV_2 7
CITY OF OMAHA-HELL CREEK REHABILITATION AT WESTWOOD LANE SCOPE OF WORK
2.5 Preliminary(30 percent) Design Report and Drawings
The Preliminary Design will consist of preparation of a Basis of Design Report and a 30 percent set of
drawings. Provider's work includes a design to rehabilitate and stabilize the Hell Creek channel. In
addition,based on the results of the Structural Assessment of culverts, Provider will evaluate and
recommend up to four (4) potential culvert retrofits or replacements,however Preliminary Design of
the culverts is not included in this scope. Traffic surveys in the project area will be conducted by the
City.
Preliminary Design(30 percent) includes the following items:
• Provider will prepare a Basis of Design Report outlining the critical components for the
project design. Alternative 10 from the previous Hell Creek Rehabilitation at Westwood Lane-
Alternatives Development and Conceptual Design Technical Memorandum(TM) (CH2M HILL,
September 30,2010) will be used as a starting point for the detailed design. Concepts for
Alternative 10 will be refined and additional detail will be added based on the results of the
Structural Assessment in Task 2.3 and the hydraulic analysis described in Task 2.4.
• Provider will prepare construction drawings in AutoCAD 2013 including a plan view of the
proposed stream centerline and typical cross sections. Provider will identify preliminary site
access, staging areas, and construction sequencing. A list of sheets is provided in the Task 2
Deliverables section of this scope.
• Provider will prepare a 30 percent design construction OPC estimate.
• Provider will facilitate up to a 2-hour Preliminary Design Workshop at the City's office
attended by Provider's Project Manager,Stream Design Engineer,and Structural Engineer,
the City's Public Works staff,and other stakeholders considered appropriate by the City. The
purpose of this workshop will be for the Provider to present information about the Basis of
Design and an overview of the critical components of the proposed channel rehabilitation,
and solicit feedback with regard to culvert replacement options,and issues including private
and City of Omaha property,construction,maintenance, and permitting. After the workshop,
City will consolidate review comments from City's staff and give these to the Provider,who
will address these comments along with stakeholder comments. Provider will prepare
summary minutes of the workshop documenting key decisions and action items. Provider
will provide draft minutes to City for review and comment prior to finalizing.
• Provider will prepare a preliminary table of contents for the technical specifications,
contracting and general conditions requirements.
• Provider will prepare and maintain a utility log to document the contacts and
communications between utilities (including UPRR) that have facilities in the project area.
Provider will prepare a letter to each utility notifying them of the project,requesting
information about their facilities, and inviting them to a Utility Coordination meeting.
• Provider will facilitate a 1-hour Preliminary Design Utility Coordination Meeting at the City's
office attended by Provider's Project Manager,Stream Design Engineer,and Structural
Engineer,the City's Public Works staff,and representatives of utilities. The purpose of this
meeting will be for the Provider to present information about the Basis of Design and an
overview of the critical components of the proposed channel rehabilitation and culvert
replacement(s) and solicit feedback from the utility representatives with regard to utility
coordination. Provider will prepare summary minutes of the workshop documenting key
OMA/EXHIBITB_HELLCREEKPRELIMDESIGN_SCOPESERVICES_REV_2 6
CITY OF OMAHA-HELL CREEK REHABILITATION AT WESTWOOD LANE SCOPE OF WORK
• Effective Condition: The FEMA Effective Conditions model will be used as a baseline
condition to evaluate whether other simulations result in a rise in water surface elevations
from the Effective Condition.
• Updated Proposed Condition:Simulation for proposed conditions from Westwood Lane to
the UPRR culvert(including grassed channel and existing culverts) and updates necessary for
the Sterling Ridge Development. Provider will review the Sterling Ridge as-built drawings
(provided by others) to determine if updates are needed to the HEC-RAS model submitted
with the joint Conditional Letter of Map Revision(CLOMR) submittal that was part of the
previous Hell Creek Phase 2-Hydrologic and Hydraulic Modeling Study project. It is assumed that
minor adjustments to up to 20 cross sections will be necessary in the Sterling Ridge area.
• Proposed Condition 1: Removal of the 126th Street culvert,with no replacement culvert.
• Proposed Condition 2: Replacement of the 126th Street culvert with a new culvert and
roadway.
• Proposed Condition 3: Replacement of the 126th Street culvert with a pedestrian bridge.
• Proposed Condition 4: Removal of the Seldin Drive and 126th Street,with no replacement
culverts.
• Proposed Condition 5: Replacement of the Seldin Drive and 126th Street culverts with new
culverts and roadways.
• Proposed Condition 6: Replacement of the C St,A St,Seldin Drive and 126th Street culverts
with new culverts and roadways.
• Proposed Conditions 7 and 8: Two additional scenarios that are a combination of the
conditions listed above,to be determined based on the results of the Structural Assessment in
Task 2.3.
Water surface profiles from the scenarios listed above will be compared in a tabular format to the top
of road,top of bank,and surveyed finished floor elevations of structures described in Task 2.1 to
evaluate whether the scenario has benefits to reducing flood risk to these structures. In conjunction
with this hydraulic evaluation,the proposed hydraulic configuration of proposed culverts will be
coordinated with the structural engineer to evaluate the constructability of replacement culverts (or
pedestrian bridge)with regard to the existing stream right of way, grading requirements and tie back
points relative to existing driveways.
Once the matrix of results from the HEC-RAS modeling scenario is complete,the results will be
presented to the City at the Preliminary Design Workshop described in Task 2.5. Based on the City's
selection of which scenario to proceed with,Provider will use the appropriate results from the HEC-
RAS model to support the stream and culvert replacement final designs (not part of this scope). This
hydraulic analysis will include evaluation of the flow rates,shear velocities and stresses within the
channel, as well as an'evaluation of the impact the project has on existing hydraulic conditions (i.e.
no-rise to the FEMA Effective 100-year water surface elevations). A summary of these Hydraulic
Analyses will be presented in the Basis of Design Report described in Task 2.5.
OMA/EXHIBITB_HELLCREEKPRELIMDESIGN_SCOPESERVICES_REV_2 5
CITY OF OMAHA-HELL CREEK REHABILITATION AT WESTWOOD LANE SCOPE OF WORK
Up to 400 Preliminary Design Public Meeting notification postcards.
PowerPoint presentation and poster board visual for Initial public meeting.
PowerPoint presentation and poster board visual for Preliminary Design public meeting.
Up to 100 copies of one (1) 8.5 x 11" sized color handout and one 34x44" poster board for use at the
Initial public meeting.
Up to 100 copies of one (1) 8.5 x 11" sized color handout and one 34x44" poster board for use at the
Preliminary Design public meeting.
Task 2: Preliminary Design
The Preliminary Design task consists of Topographic Survey,Hydrologic and Hydraulic (H&H)
Analysis,and Preliminary (30 percent) Design.
2.1 Topographic Survey
Provider shall contract with the SURVEYOR to perform the topographic survey field work required
for the design of the project.SURVEYOR will also survey the finished floor elevations for up to 24
properties upstream of the roadway crossings for comparison to water surface elevations described
in Task 2.4. Provider shall coordinate the work of the SURVEYOR. The SURVEYOR's scope of
services is included in Exhibit E.
2.2 Geotechnical Study
Provider shall contract with the GEOTECH subcontractor to perform subsurface field evaluations
and prepare a data report to characterize soil conditions under the existing concrete liner (5 locations)
and under the roads (6 locations) where culverts may be replaced based on recommendations in Task
2.3 Structural Assessment. Provider will coordinate the activities of the GEOTECH and review
geotechnical investigation report submittal(s). The GEOTECH's scope of services is included in
Exhibit F.
2.3 Structural Assessment
Provider will perform a structural assessment and load rating capacity calculations based on existing
conditions of four (4)culverts;Seldin Drive, 126th Street,A Street, and C Street. Provider will assess
the condition of the culverts in the field,prepare a report summarizing the field findings and
calculate load ratings for the culverts based on their current conditions. The report will be included
with the Basis of Design Report described in Task 2.5 and will include recommendations for retrofits
or replacements of the culverts. If culverts are recommended to be replaced,proposed culvert
configurations will be evaluated in Task 2.4.
2.4 Hydraulic Analyses
Hell Creek's floodplain is regulated by the Federal Emergency Management Agency (FEMA). It is
assumed for this scope that the hydrologic analyses have been completed with the previous Hell Creek
Phase 2-Hydrologic and Hydraulic Modeling Study,and that additional hydraulic analyses will be
performed as part of this scope as described below.
This scope includes hydraulic analysis to determine the hydraulic impacts of removal and
replacement of up to four of the road crossing culverts along the Project reach. Scenarios that will be
modeled include:
OMAIEXHIBITB_HELLCREEKPRELIMDESIGN_SCOPESERVICES_REV_2 4
CITY OF OMAHA-HELL CREEK REHABILITATION AT WESTWOOD LANE SCOPE OF WORK
subcontractor on this project for survey and roadway design related services. The SURVEYOR's
scope of services is included in Exhibit E. Thiele Geotech, Inc. (GEOTECH) will be the geotechnical
subcontractor on the PROJECT, and the scope of work for GEOTECH is included in Exhibit F.
Task 1: Project Management
1.1 Project Administration
Provider will develop and implement Project Instructions, a Health and Safety Plan, and a Quality
Control(QC) Plan specific to the PROJECT work. Provider will facilitate monthly progress meetings
and provide monthly progress reports and invoices in a format acceptable to the City. QC efforts will
be incorporated into the budget of individual tasks.
1.2 Kick-off Meeting
Provider will facilitate one 2-hour PROJECT kick-off meeting with the City staff,utilities with
facilities in the project area, and others as needed,such as staff from the Papio-Missouri River
Natural Resources District(P-MR NRD) and United States Army Corps of Engineers (USACE) to
discuss the goals of the PROJECT. Three Provider team members will attend the Kick-off Meeting,in
addition to Provider's subcontractors. Provider will prepare the meeting agenda with input from the
City,will prepare and distribute draft meeting summary for review and comment by the attendees,
and will prepare and distribute final meeting minutes.
1.3 Initial Public Meeting
Provider will prepare a PowerPoint presentation and one poster board visual and attend a public
meeting at one of the Westwood Heights Neighborhood Association regularly scheduled meetings to
introduce the project to stakeholders. The presentation will provide a general overview of the project
scope and schedule and solicit input related to the project from stakeholders. Provider will prepare a
notification postcard for the Initial public meeting and mail to addresses from 132nd and Center to
120th and C Streets. Provider will also invite the Oak Valley Elementary School Principal. Oak Valley
Elementary is located near Westwood Lane and Pedersen Drive,about a block east of the Hell Creek
in the project area.
1.4 Preliminary Design Public Meeting
Provider will prepare a PowerPoint presentation and one poster board visual and attend a public
meeting at one of the Westwood Heights Neighborhood Association regularly scheduled meetings to
update the project to stakeholders on the Preliminary (30 percent) Design. Provider will prepare a
notification postcard for the Preliminary Design public meeting and mail to addresses within a two
block radius of the project. Provider will also invite the Oak Valley Elementary School Principal.
Provider will coordinate with the Oak Valley Elementary School Principal and Omaha Public Schools
busing staff prior to this meeting to determine how school bus traffic patterns need to be considered
with respect to the project construction schedule.
Task 1 Deliverables
One (1) digital(Word format) of Kick-off Meeting agenda, and draft and final meeting summaries of
each meeting.
Monthly progress meeting agendas and summaries,invoices,and status reports.
Up to 1,250 Initial Public Meeting notification postcards.
OMAIEXHIBITB HELLCREEKPRELIMDESIGN_SCOPESERVICES_REV_2 3
CITY OF OMAHA-HELL CREEK REHABILITATION AT WESTWOOD LANE SCOPE OF WORK
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Hell Creek Rehabilitation at Westwood Lane Project Site Map
OMAIEXHIBITB_HELLCREEKPRELIMDESIGN_SCOPESERVICES_REV_2 2
Exhibit "B"
SCOPE OF SERVICES
Hell Creek Rehabilitation at Westwood Lane
Preliminary Design
CH2M HILL Engineers,Inc. (Provider or Contractor) agrees to provide the City of Omaha Public
Works Department(City) preliminary design services as outlined herein for a PROJECT generally
described as the Hell Creek Rehabilitation at Westwood Lane Preliminary Design.
Project Understanding
This PROJECT is a continuation of previous projects called,Hell Creek at Westwood Lane and Rockbrook
Tributary-Phase 1- Study and Hell Creek Phase 2-Hydrologic and Hydraulic Modeling Study. The
PROJECT focuses on Hell Creek from Westwood Lane to the Union Pacific Railroad (UPRR) culvert
south of C Street in Omaha,Nebraska. The Hell Creek study reach extends from Westwood Lane
downstream in a generally southeastward direction to the upstream side of the UPRR culvert
southwest of 121st and C Streets. There are five road crossings (culverts) along the study reach;
Westwood Lane,Seldin Drive,126th Street,A Street, and C Street. The UPRR culvert is at the
downstream limit of the project. The entire study reach is paved with a trapezoidal concrete liner on
the channel bed and banks.
The PROJECT described in this Scope of Work includes Preliminary Design of the stream channel,
structural assessments of culverts,hydraulic analysis of flows in the channel, grant support services,
and preliminary permitting support services.
The primary components of this project are the following;
• Preliminary design of a naturalized channel,including removal of concrete lining and
replacement with a stabilized and vegetated waterway with grade control while minimizing;
impacts to residential properties abutting Hell Creek;
• Assess the structural integrity of four (4) culvert road crossings within the project reach, and
make recommendations for culvert retrofits or replacements;
• Prepare Preliminary Design(30 percent) construction drawings and an opinion of probable cost
(OPC) estimates;and
• Update and submit an Urban Drainageway grant application to the Papio-Missouri River Natural
Resources District(P-MR NRD)
ARTICLE 1 - Scope of Services
The Provider shall provide professional services to the City to perform Preliminary Design and
permitting services for the bank and riparian stabilization improvements along approximately 3,300
LF of Hell Creek from Westwood Lane to the upstream side of the UPRR culvert(Figure 1). It is
understood that Ms.Selma Kessler shall serve as the City's representative throughout PROJECT
execution. RW Engineering and Surveying(SURVEYOR) will be a Tier II emerging small business
OMNEXHIBITB HELLCREEKPRELIMDESIGN_SCOPESERVICES_REV_21
EXHIBIT A
SMALL AND/OR EMERGING SMALL BUSINESS
DISCLOSURE PARTICIPATION FORM
THIS FORM MUST BE SUBMITTED WITH THE BID
In the performance of this contract, the contractor proposes and agrees to make good faith efforts to contract
with eligible City of Omaha certified small and/or emerging small businesses. Should the below listed small or
emerging small business subcontractor be determined to be unable to perform successfully or is not performing
satisfactorily,the contractor shall obtain prior approval from the Public Works Department Director or a designee,
for substitution of the below listed subcontractor with a City of Omaha certified small or emerging small business.
By submitting this form,the bidder is certifying that it has afforded subcontractors participating in the program
the opportunity to submit bids on this project.
Type of work and contract Projected
item or parts thereof to be commencement
Name of small performed and completion Agreed
or emerging Address date of work price with Percentage
small business SB/ESB (%)
6225 N. 89th Cir Site Survey Start Feb 1, 2014 $15,980 28.6%
R.W. Omaha, NE to May 31, 2014
Engineering & 68134
Surveying, Inc.
$15,980 11.1%
Totals
CERTIFICATION
The undersigned/contractor certifies that he/she has read,understands,and agrees to be bound by small and/or emerging small business
participation contract specifications, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies
that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small business
participation contract specifications and that said statements and representations are true and correct to the best of his/her knowledge
and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses(which are otherwise
deemed by the City of Omaha to be technically responsible to perform the work)listed in the contract specifications at the price(s)set
forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor
agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them
to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,
goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach
of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so
terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under
the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the undersigned/contractor will be
subject to the terms of any future contract awards.
SignatuFe._I �, .-----
Title � �Q r,ct{-ec� 1�'�Gl►�Gt�2 r Date of Signing jll 311
Firm or Corporate Name_CH2M HILL Engineers, Inc.
Address 222 So 15th St, Suite 1402-S, Omaha, NE 68102_ Telephone Number_402-609-7511
A 2/2010
Utilization of Small and Emerging Small Businesses
It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the
maximum practicable opportunity to participate in City of Omaha projects. Consequently,the
requirements of the Small and Emerging Small Business Program ordinance apply to this
solicitation. For questions on certification, including a listing of what firms are certified under the
Small and Emerging Small Business Program, please see the City of Omaha website at
www.ci.omaha.ne.us or contact the Human Rights and Relations Department at 444-5055.
With regard to this solicitation,the City has determined that a sufficient number of companies exist
within the following CERTIFIED GROUP(S):
[❑] Tier I Emerging Small Business
[®] Tier II Emerging Small Business
[❑] Tier I Small Business
[❑] Tier II Small Business
firm to fulfill
[❑] this entire contract
[®] a portion of this contract as defined below:
1. Site Survey for Preliminary Design of Hell Creek Rehabilitation at Westwood Lane (OPW
52101).
*Please note: in order to be considered for this solicitation, your firm must be CERTIFIED in the
above-referenced category PRIOR TO the bid opening date of this solicitation.
Pursuant to Omaha Municipal Code Section 10-203(d), the above-referenced category of bidders
will be given preference in the selection of this bid. Submittals by non-certified bidders or the
failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of
this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit"A" and
submit it with their bid to be considered.
A 2/2010
Exhibit A
OPW 52101 -Hell Creek Rehabilitation at Westwood Lane Preliminary Design
Small and/or Emerging Small Business
Disclosure Participation Form
and
Small Business Subcontractor
Scope of Work
•
EXEC:111.El)this i-et' day or ja",L,61.__ ...., ..?..e I q •
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A-171 .7
, (Title) .."3
EXECUTED this (.5 ' day of 9/ , „.,20i1/ .
•' 4, ,,
''.•,„., . .
ATTEST CITY OF OMAHA Manic al ' rporation
cria4,/111.. -
1) £P U.11 ny Clerk Mayor
A ED AS TO F APPR
Z...1..Deputy
City Attorney
Revised: 5/2012
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City desires to improve water quality along Hell Creek from
West Center Road to Harrison Street and Rockbrook Creek, as denoted in the 2014-2019 Capital
Improvements Program Environment Project No. 401; and,
WHEREAS, professional engineering services are required to complete the
preliminary design and environmental permitting for enhancements to Hell Creek near
Westwood Lane, known as Project OPW 52101; and,
WHEREAS, CH2M Hill, Inc. has been selected in accord with the Architect's and
Engineer's Review and Selection Committee rules to perform these engineering services, the
specifics of which are detailed the attached Professional Services Agreement, which by this
reference is made a part hereof; and,
WHEREAS, CH2M Hill, Inc. will perform the services listed in the Agreement
for a fee not to exceed $144,430.00, which will be paid from the 2010 Environmental Fund
13123, Environmental Bonds Organization 117217.
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, Inc. to provide professional engineering services for preliminary design and
environmental permitting for OPW 52101, being Hell Creek Channel Restoration, located near
Westwood Lane, as a part of the 2014-2019 Capital Improvements Program Environmental
Project No. 401, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee not to exceed
$144,430.00, which will be paid from the 2010 Environmental Fund 13123, Environmental
Bonds Organization 117217.
1 809htp APPROVED AS TO FORM:
C/2/1/1::
Az/3/44-,
By TY ATTORNEY DATE
Councilmember `�
Adopted FEB 4 2014 7-0
.ty erk
Approved../J, �y
Mayor
NO.
Resolution by
Res. that, as recommended by the Mayor, the
Professional Services Agreement with CH2M
Hill, Inc. to provide professional engineering
services for preliminary design and
environmental permitting for OPW 52101,
being Hell Creek Channel Restoration,
located near Westwood Lane, as a part of the
2014-2019 Capital Improvements Program
Environmental Project No. 401, is hereby
approved; and that the Finance Department is
authorized to pay a fee not to exceed
$144,430.00, which will be paid from the
2010 Environmental Fund 13123,
Environmental Bonds Organization 117217.
1 809Ahtp
Presented to City Council
FEB 4 2014
Adopted j t•
gaiter grown
City Clerk