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RES 2013-1127 - Amendment to agmt with Burns and McDonnell Engineering for OPW 52184, Gilmore Ave separation project ('/1 Public Works Department o u gti)�itv ,'T -- r Omaha/Douglas Civic Center x h 1819 h'arnam Street,Suite 601 ,®, ,fz Ai. August 20, 2013 p� ►_..ry Omaha,Nebraska 68183-0601 o (402)444-5220 �arEo FEBR�A4 �, Fax(402)444-5248 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 Amendmc it No. I to a Prole siuru Services Agreement with Burns and McDonnell Engineering to perform -i ld irtvesii r,..ion. and preliminary design work for the Gilmore Avenue Separation Projee, (Phase 1) in the area cf"2 3'`' Street, known as OPW 52184, was approved by Council Resolution No. 292 on .larch C. 2012. The attached Amendment to the Agreement authorize') Rims and McDonnell Engineering to conduct engineering services for final design and bid phase services for the Gilmo,.:.• Avenue Separation Project (Phase 1) in the area of 23r) St eet, kno,,;n as OPW 52184 iiieluding geotechnical reports, additional CCTV information, arir_; survcv data The exact Scone i.;.:services is included in the attached Amendment. Burns and PvleDonne I i ni ineering has ;_reed to perform the services detailed in Amendment 1 of the attached agreement for a fee not exceed $1,195,295.00 to be paid from Sewer Revenue Improvement- Fund 21124, CSO Cnrtrol Implementation Organization 116918; Sewer Revenue Bonds veill be issued to tin.,ett:e this project. Burns and McDonnell Engineering has filed the required ;'onti-ict t'om iia;.c 1 e;:,,_t, Form CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration arid approval of the attached Resolution and Amendment to the Professional Services Agreement, Respectfully submitted, Referred o Ciiy.' Coumn it for Coh_sik eratiuu: 1 1 7 /3 Rob rt G. Stubbe, P.L. Date Mme or's "iffiee Date Public Works Director •Approved as to Funding: Apl..,ove:.1:cke... 41\ita 7-3fra , ' A- L 44S-1 tai't JO } '-:2- 1 ti' . P:L1 //3 ' ,�-p Allen Herink Date it rnan �:'_ight , urd Relations Date Acting Finance Director D;:r.utrr_nit I 092djr AMENDMENT NO. 1 TO THE AGREEMENT FOR ENGINEERING SERVICES FOR OPW 52184—GILMORE AVENUE SEWER SEPARATION PROJECT The Professional Services Agreement between the City of Omaha, Nebraska (OWNER) and Burns & McDonnell Engineering (ENGINEER) dated March 8, 2012 for professional services to provide study phase services is hereby amended as follows: ENGINEER is obligated to comply with the Utilization of Small and Emerging Small Businesses as provided in Exhibit A. Section VIII. INDEMNIFICATION of the Professional Services Agreement is hereby replaced with the following: VIII. INDEMNIFICATION The ENGINEER agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless the CITY, its officers, directors and employees (collectively, CITY) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the ENGINEER's negligent performance of professional services under this AGREEMENT and that of its subconsultants or anyone for whom the ENGINEER is legally liable. The CITY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the ENGINEER, its officers, directors, employees and subconsultants (collectively, ENGINEER) 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 ENGINEER shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. Neither party shall be liable to the other for consequential damages, including, without limitations, loss of use or loss of profits, incurred by one another or their subsidiaries or successors. Paragraph K of Section X. GENERAL CONDITIONS of the Professional Services Agreement is hereby replaced with the following: K. Equal Employment Opportunity Clause. Annexed and made a part hereof by reference are the equal employment provisions of this contract. All reference to "Contractor" shall mean "ENGINEER". Refusal by the ENGINEER to comply with any portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: (1) Withholding of all future payments under the involved contracts to the ENGINEER in violation until it is determined that the ENGINEER is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the ENGINEER or any of its departments or divisions until such time as the ENGINEER demonstrates 1 that they have established and shall carry out the policies of the program as herein outlined. Contract Compliance Ordinance No. 35344, Section 10-192 Equal Employment Opportunity Clause During the performance of this contract, the Contractor agrees as follows: 1) The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 10-192 and 13- 89. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, age, sexual orientation, gender identity, disability or national origin. 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 of Omaha, Nebraska, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Contractor shall furnish to the contract compliance officer 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 Omaha Municipal Code sections 10- 192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer 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 of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 2 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 is necessary to protect the interests of the City and to effectuate these 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 contract compliance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and its 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. A detailed description of the scope of work and services to be performed is listed in Exhibit B. In summary, this amendment incorporates additional services for final design and bid phase services for the sewer separation for the OPW 52184 — Gilmore Avenue Sewer Separation Project(CSO) based on the Preliminary Design phase completed for the project. Compensation for the services in the Amendment shall be on an hourly basis as outlined in Section IV of the March 8, 2012 Agreement. The estimated man-hours for this additional work are shown in Exhibit C. The maximum amount for the services covered by this amendment shall not exceed One Million One Hundred Ninty-Five Thousand Two Hundred Ninty-Five Dollars ($1,195,295) without prior written authorization by the City of Omaha. This amendment does not change any of the provisions of the original contract. In accordance with the provisions of the March 8, 2012 Agreement; 3 This Amendment is executed by ENGINEER this 577 day of July, 2013. ,o1�y�INEERjNC.,� . . ...,,, �Co,. �.a:.' Bums & McDonnell Engineering 0 O44O�T�' i' 1111 North 13th Street, Suite 205 0:G V.I's- Z= Omaha,NE 68102 *. ENGINE Upgaz,,,,,L. By ATTEST Peter D. Zanoni, P.E. Vice President This Amendment is executed by OWNER this 2 day ofd id7 2013. ATTEST CITY OF OMAHA, A Municipal Corporation ; , /Zi:' ,/,‘"' _.. City Clerk Mayor APPROVED AS TO FORM: 4512- ' ,, i-jz.,/) ZY Deputy City Attorney 4 EXHIBIT "A" 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. With regard to this AGREEMENT, the following Certified Professional Service Provider(s) have been identified and contracted with to perform the identified project tasks: Scope of work or Projected project tasks to be commencement and performed completion date of Name of small or work Agreed price with emerging small SB/ESB u business Address Percentage(/o) 2929 Mormon Public August 2013 to City Girl Street, #9 Involvement and September 2014 $12,000 1.0 Communications Omaha, NE Public Relations 68112 Kinghorn 6464 Center Green Solution August 2013 to Gardens Street, Suite 120 Design and June 2014 Omaha, NE UDRB Submittals $17,500 1.5 68106 6225 N. 89th Topographic Circle Suvery and July 2013 to July RW Engineering Omaha, NE 68134 Easement 2014 $45,560 3.8 Preparation 6.3 Totals $75,060 CERTIFICATION The undersigned certifies that he/she is legally authorized by the ENGINEER to make the statements and representations regarding small and/or emerging small business participation 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 the identified small and/or emerging small business(es) (which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed at the price(s) set forth in this Exhibit conditioned upon execution of a AGREEMENT by the undersigned with the City of Omaha. The ENGINEER agrees that if any of the representation made regarding utilization of small and/or emerging small business by the ENGINEER knowing them to be false,or if there is a failure by the ENGINEER 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 AGREEMENT,entitling the City of Omaha to terminate the AGREEMENT 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 AGREEMENT, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the ENGINEER will be subject to the terms of any future Professional service awards. Signature )6-1.24)oal-t4.-•._ Title Vice President Date of Signing 7- Z 5 Firm or Corporate Name_Burns&McDonnell Engineering Address 9400 Ward Parkway,Kansas City,MO 64114 Telephone Number 816-822-3241 6 EXHIBIT "B" SCOPE OF SERVICES AMENDMENT NO. 1 OPW 52184 Gilmore Avenue Sewer Separation (CSO) ENGINEER shall provide final engineering design and bidding assistance to the CITY as outlined in the task descriptions described herein. Final design shall be based on the recently completed Preliminary (30%) phase documents, as approved by the CITY, along with all field investigations results and utility coordination information. An additional amendment may be prepared if Services During Construction, construction inspection and administration services are needed, as determined by the CITY. ENGINEER shall perform the final engineering design services and bidding assistance services in accordance with CITY and CSO Program Plans, Protocols, Procedures, Standards, and Guidance Documents. These documents can be found on the CSO Web Portal in the following location: http://www.omahacsopt.com/projects/Shared%20Documents/Forms/Document%20Group.aspx The following documents are hereby included in this Scope of Services by reference: Document Name Document Date PLANS Combined Sewer Overflow Control Program Quality Management Plan i 05/26/2010 Risk Management Plan 04/12/2010 Environmental Plan Updated June 2012 PROTOCOLS Sewer Separation Protocol Rev. 0.01 I Updated 07/30/2010 Construction Management Protocol 06/27/2012 PROCEDURES City of Omaha Manhole and Lamping Inspection Procedure Revision 2 Updated 03/12/2012 City of Omaha Pipeline Inspection Procedure Using Closed Circuit j Updated 03/12/2012 Television Revision 2 Public Information Procedure for CSO and RNC Projects Updated 12/12/2011 ROW Management and Property Acquisition Procedure for(Non-Federal) Projects Updated 09/16/2010 7 Geotechnical Investigations Procedure for Sewer Separation Projects Updated 06/30/2010 • City of Omaha Smoke and Dye Testing Procedure (Revision 2) Updated 03/12/2012 Utility Coordination Procedure Updated 07/19/2012 STANDARDS 03/15/2010 Omaha CSO Program CAD Standards with Update 04/26/2010 With 04/26/2010 I Update InfoWorks Modeling Standard Updated 06/24/2010 Interim Flow Monitoring Standard,Rev. 0 12/30/2011 Public Works Department Design Division Surveying Proposals 03/04/2011 Guidelines for Preparation and Presentation GUIDANCE DOCUMENTS Sewer Separation Deliverable Expectations Guidance Documents 05/19/2012 Sewer Separation Cost Estimate Template Guidance Updated 06/04/2010 Omaha Green Solutions Site Suitability Assessment and BMP Selection I 12/21/2009 Process Guidance Document Private Property Investigation Guidance I Updated 07/12/2010 Sanitary Sewer Design Basis and Methodology Guidance I Updated 06/27/2010 Storm Sewer Design Basis and Methodology Guidance Updated 06/27/2010 Sustainability Guidance Updated 01/04/2011 Urban Design Review Board Guidance ' Updated 12/20/2010 i f CSO Project Communication: PMT and Project Teams Technical Memorandum Updated 10/2012 f I Notes: 1. Any documents listed above may be updated during the duration of the project. In the event that a change is made to a document that affects the scope of work included herein, a contract change may be required. 2. City of Omaha Standard Specifications and Plates shall be used, where applicable, unless special conditions require modification. Modifications are to be approved by the CITY. 8 TASK 1 -- PROJECT MANAGEMENT Objective: Provide for the overall project management and administration, project coordination, public involvement and neighborhood coordination throughout the duration of the PROJECT. Deliverables: Updated Quality Control Plan; Updated Project Health and Safety Plan; Updated Project Execution Plan; monthly invoices; monthly progress reports; monthly schedule updates; progress meeting and other meeting minutes. Scope: 1.1. Project Management and Administration. ENGINEER to provide project management and administrative activities including: 1.1.1. Project Management and Administration. ENGINEER shall monitor progress and schedule and facilitate coordination of the PROJECT design elements; Prepare monthly invoicing with estimated percentage of work complete by contract task; prepare monthly progress reports; scope, schedule, and budget tracking; provide staffing management and contract administration; maintain communication with PMT; maintain Quality Control; provide monthly PROJECT schedule updates; If not on schedule or budget, explain reasons for deviations and mitigation plan to rectify. File project documents on the Project page of the Program Web Portal and provide a hard copy of all deliverables to the PMO Library. 1.1.2. Updated Quality Control Plan (QCP). ENGINEER will review and update the existing QCP prepared as part of the preliminary design and update in accordance with the CSO Program Quality Management Plan (QMP). QCP should address field data QC as required in Field Services Procedures. Maintain QCP throughout the duration of the project. 1.1.3. Updated Project Health and Safety Plan (HSP). The ENGINEER is responsible for the health and safety of its employees and confirming that ENGINEER's subcontractors have a good understanding of all PROJECT health and safety requirements. The CITY and PMT put a high value on the safety of all personnel working on delivery of the CSO Program. ENGINEER will review and update the project specific HSP prepared as part of the preliminary design to apply to employees working on this PROJECT. The HSP will address safety in the office, site visits, and field investigations, shall include OWNER and PMT requirements and shall be consistent with the CSO Program Protocols. 1.1.4. Updated Project Execution Plan (PEP). ENGINEER will update the PEP that was created during preliminary design with all relevant final design information in accordance with the requirements set forth in the project delivery plan, protocols, plans, procedures, standards and guidance 9 documents prepared by the PMT. The PEP will include project procedures, CAD drafting standards, GIS coordination and deliverable format requirements, filing standards, public involvement coordination, project team organization, and a detailed project schedule developed in Microsoft Project with associated deliverable dates. Maintain PEP throughout the duration of the project. 1.1.5. Initial Project Kickoff Meeting. ENGINEER will conduct the initial project kickoff meeting with PMT. The purpose of the meeting will be to review the project approach, PEP, project goals/objectives and preliminary design; establish project communication procedures; and establish the project schedule. ENGINEER will prepare minutes for the meeting and distribute electronically in Microsoft Word format. 1.1.6. Monthly PMT Meeting. ENGINEER will conduct monthly progress meetings with the PMT for the duration of the PROJECT to provide updates on project progress, budget and schedule status, current project issues, and public involvement activities. Anticipated future activities and PMT needs will be discussed. ENGINEER will be responsible for arranging the meeting, preparing an agenda, conducting the meeting, and taking and distributing meeting notes. Thirteen(13) progress meetings are assumed based on the preliminary schedule. 1.2. Agency and Project Coordination. ENGINEER will provide agency and project coordination activities including: 1.2.1. Utility Coordination. ENGINEER will provide for the communication with the utilities in the project area including notification of the project, requests for facility information, requests for clarifications, transmittal of drawings, and meetings to discuss the project per the Utility Coordination Procedure. ENGINEER will send utility requests directly to the utility companies with copies of the requests to the PMT utility coordinator. ENGINEER will be responsible for setting up and updating a utility tracking log throughout the PROJECT, maintaining it throughout the PROJECT, and taking and distributing meeting notes and incorporating utility information into the design of the PROJECT. ENGINEER will be responsible for providing utilities with relevant project information to facilitate with any required design work for replacement or relocation of their existing infrastructure within the PROJECT area. The ENGINEER will identify one person from the Project Team who will act as the singular contact throughout the PROJECT to request information from the Utilities. 1.2.2. Agency Coordination and Permitting. Agency coordination will be conducted in conformance with the Environmental Plan and under the oversight of the PMT's Compliance Coordinator. Communication with the impacted agencies will be in conformance with the Environmental Plan. [The impacted agencies may include, but are not limited to, the Union Pacific Railroad (UPRR), the U.S. Army Corps of Engineers, the Nebraska Department of Roads, , the Nebraska Game and Parks Commission, United 10 States Fish and Wildlife Service, the Nebraska State Historic Preservation Office, Nebraska Department of Natural Resources, the Nebraska Department of Environmental Quality and the CITY's Quality Control Division. ENGINEER will be responsible for taking and distributing meeting notes and incorporating Agency infoitnation into the design of the PROJECT. 1.2.3. CITY Agency Coordination. ENGINEER will provide for meetings through the CITY Project Manager with CITY Agencies including other divisions within the Public Works Department, Planning Department, and Parks, Recreation and Public Property Department. Meetings will be held as necessary to maintain open lines of communication, obtain feedback on design elements that may impact other departments and allow for design reviews/comments. A total of twelve (12)_meetings has been budgeted). Coordination with the City Planning Department regarding Urban Design Review Board approvals shall be in accordance with the Urban Design Review Board Guidance. 1.2.4. GIS Coordination. This task includes GIS coordination work for the ENGINEER as well as coordination with the CITY/PMT to manage and update CITY GIS information for the PROJECT. This includes providing necessary electronic files and information developed as part of the PROJECT to the CITY/PMT for updating the CITY's GIS database. If any GIS deliverables are submitted as part of this project, all GIS deliverables (in any task) should be created in ESRI's ArcGIS ArcMap v10.0 software, be in a file geodatabase format (shapefiles or personal geodatabase formats are not acceptable), and the use of the City of Omaha's GIS metadata XML template to populate new data with required metadata. 1.2.5. Program Management and Technical Team Meetings. This task includes program management and technical team meetings anticipated during the course of the project. Meetings will be held between the ENGINEER, CITY, PMT, and SUBCONSULTANTS. Three (3) meetings have been budgeted). 1.3. Public Involvement and Neighborhood Coordination. ENGINEER shall communicate with the impacted property owners, businesses, schools, and neighborhood associations affected by the PROJECT; organize and conduct meetings to discuss the PROJECT scope and schedule; develop correspondence regarding PROJECT; and prepare exhibits. ENGINEER shall be responsible for the following: 1.3.1. Conduct One (1) 60% Design Public Meeting. The ENGINEER will organize and conduct a public PROJECT 60% to 80% design level meeting in coordination with neighborhood associations and other stakeholders. The ENGINEER will determine the distribution list for the public meetings, prepare and distribute the public meeting notifications according to the Public Information Procedure, arrange for the meeting place, arrangements and logistics for the meetings and prepare the presentation, agenda, sign-in sheets, meeting notes and other items as necessary, and as reviewed by the PMT. The 11 purpose of the "Open House" style meeting will be to review the overall PROJECT design plans, including proposed schedule, potential community enhancements discussions, and opportunities for public input. ENGINEER will prepare presentation materials including Power Point presentations, hardboards, maps, design drawings and handouts to present at the meeting, and take minutes for the meeting and distribute electronically in Microsoft Word format for draft and PDF foiiiiat for final. 1.3.2. Conduct Stakeholder Communications. Plan and implement one-on-one and small group meetings with impacted stakeholders (such as neighborhood associations, businesses, schools, churches, organizations, elected officials, community leaders in PROJECT area), PMT, and CITY agencies to coordinate proposed improvements, green infrastructure, community enhancements, and construction impacts (17_meetings budgeted). 1.3.3. Develop CSO/RNC Program Public Website Content. 1.3.3.1. Write one update to the PROJECT description and provide photos or exhibits to the Program Public Facilitator (PPF) to be posted to the projects section of the CSO Program public website. 1.3.3.2. Provide all public meeting information to the PPF per the Public Information Procedure. TASK 2 —CONCEPTUAL (10%) DESIGN (Not Used) TASK 3—PRELIMINARY (30%) DESIGN (NOT USED) TASK 4—FINAL DESIGN Additional Field Work and Data Acquisition Objective: Obtain additional field data necessary to complete final design(if required). Deliverables: Survey Data(both field books and electronic) Geotechnical Report Additional CCTV information Scope: 4.1. Request and Review Utility Drawings. As identified in the data gap report, request and review utility location maps as additional drawings become available including sanitary sewer mains and services; street lights; traffic signals; gas main and services; water main and services; underground and overhead electric; telephone facilities; cable TV; and fiber optic cable. 12 4.2. Survey. Perform additional site survey in sufficient detail necessary to prepare final construction documents. Survey shall be performed in accordance with the CSO Program Survey Standards. Survey field book and all survey digital data shall be given to the CITY upon completion of final design. Surveyor will obtain information for the stubout from the South Barrel by coordination with TREKK to CCTV the stubout and transmit elevation and horizontal and vertical location to the survey, where the surveyor will pick up that data. No entry into the system for surveying is anticipated. 4.3. Perform Additional Geotechnical Investigations. Complete one boring, on the east side of Albright Park to a minimum depth of 30' at this location. 1. Sample on 2.5' centers to depth of 15 feet, then on 5' centers with Shelby tubes (cohesive). 2. Obtain water level measurements as encountered during drilling, at completion of drilling, and immediately prior to backfllling. 3. Backfill with cuttings and compact as best you can the top 2-3 feet. Mound cuttings on top of hole to offset potential settlement. 4. Complete a minimum of the following laboratory testing: a. Moisture content tests on each sample b. Atterberg limit tests at each 5' increment to 15' with one Atterberg below 15' c. Sieve analysis with hydrometer at 10' and 15' d. One unconfined compression test at each 5' interval with 1 at 15' and 1 at 20', to include a dry unit weight determination 5. Complete utility check as required by state and local regulations. 6. Provide a written Site Data Report with the following information: a. Description of work completed b. Description of materials and ground water conditions encountered c. Boring location plan d. Computer generated boring logs e. Laboratory test results Install three (3)piezometers on the project site, including one (1) in Albright Park, and two (2) along Gilmore Avenue at approximately the intersection of Gilmore Avenue and Jefferson Street and at the intersection of Gilmore Avenue and Drexel Street. Each piezometer will be installed in accordance with the applicable federal, state or local regulations. ENGINEER will be responsible for all aspects of the monitoring well permitting process. 13 ENGINEER will monitor the water levels on a monthly basis for a period of one year and provide that information to CITY and PMT. ENGINEER will decommission the piezometers at the end of one year. ENGINEER will perform slug tests on the piezometers to obtain hydraulic conductivity of the in situ soils to help to obtain dewatering data. 8.1. Street Corings. Perform additional three (3) street corings to determine composition and thickness of existing street surfacing and street base materials. Coring of the street section will be determined if needed. Perform analysis of existing materials to determine bearing capacities and suitability for long term reliability. Investigation shall also address adjacent streets that may be used for access routes to the construction area. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is cut into) so the ENGINEER can properly determine pavement removal/replacement areas in coordination with existing street and curb conditions and utility impacts. Include results of investigations and evaluations in the in an amendment to the geotechnical report. 60% Design Objective: Develop 60% deliverables for review and utility coordination. The purpose of the 60% design submittal is to provide the CITY and PMT the opportunity to review the plans, specifications, and appurtenant material so that the ENGINEER can proceed in completing the plans, adding all necessary details, notes, etc. Deliverables: Per the 60% Deliverables Guidance, including 60% plans, specifications and addendum to the Basis of Design Report; The 60% design deliverable is meant to be a substantially complete set of construction plans, specifications and addendum to the BODR, per the 60% Deliverables Guidance including the 60% Design Drawings Guidance, 60% Specifications Guidance and the Addendum to BODR Guidance. Scope: 4.5 UDRB Comments. Incorporate UDRB review comments as appropriate in the 60%plans. 4.6 Finalize Sewer Design Calculations. Complete the hydraulic and final design calculations for the proposed storm and sanitary sewer systems. This will include sewer location, ultimate design tributary area, size and slope. A stormwater drainage inlet analysis will be included in areas of proposed construction per protocol. Storm sewer shall be designed in accordance with the City of Omaha Regional Stormwater Design Manual. Sanitary sewer shall be designed in accordance with the CSO Sanitary Sewer Design Basis and Methodology Guidance. ENGINEER will evaluate the proposed 30% sanitary sewer design and 14 provide a spreadsheet evaluating the existing substandard velocities with the following information: Pipe segment, existing slope, existing velocity, self- cleaning velocity, 10 State's Standards flow and velocity, PMT guidance flow and velocity, and velocity assuming lining with CIPP or equivalent. From this information the OWNER will determine which segments of the sanitary sewer to be designed for the 60% submittal. 4.7 On-site Field Review. Conduct one on-site field review meeting with, at a minimum, the CITY Project Manager, PMT Coordinator, Compliance Coordinator and CITY Construction Manager. This meeting is to be held following completion of the geotechnical field investigations and street corings. The purpose of the meeting is to review existing pavement and curb conditions and proposed intersection radii and curb ramp locations, and (in conjunction with geotechnical investigations, coring, and utility information) identify preliminary extent of pavement, curb, driveway, and sidewalk removals/replacements on the plans. 4.8 Green Infrastructure. Continue the development of the green infrastructure as part of the plans and specifications in accordance with the Omaha Green Solutions Site Suitability Assessment and BMP Selection Process Guidance Document including any updates to the Green Infrastructure TM. This task includes the design of the detention facility in Sarpy County. The major design elements include: embankment, spillway, outlet/inlet structures, outlet pipeline, landscape plan, planting plan and tree planting plan. Additional Green Infrastructure includes design of bioswale and bioretention garden at Highland Elementary School, bioretention at Albright Park, including the possibility of expanding to the vacant lot immediately east of the park. Bioretention is planned for the NDOR Right-of-Way beneath the JFK Freeway. Scope includes the analysis, design, plant selection and planting plans, underdrain system (if required), and tree planting plan if necessary. 4.9 Design of Intersection Improvements. Intersection improvements will include incorporation of minimum 25-foot radii upgrades at intersections identified by the CITY along arterial and collector street intersections along the proposed construction alignments. Updated ADA curb ramps will be designed for all four corners at every intersection affected along the project alignment. Intersection and ramp improvements shall be in accordance with guidance the CITY will provide during final design. Prepare design details for non-standard curb ramp locations. Gilmore Avenue full pavement replacement sheets include the addition of three (3) street replacement sheets, assuming 1:20 scale, showing plan and profile information for replacement of Gilmore Avenue from Jefferson to Polk. 4.10 Sewer Rehabilitation Recommendations. Findings and recommendations will be summarized for City/PMT review based on sewer televising and field investigation results from previous tasks. 4.10.1 This task will recommend sanitary sewer and manhole rehabilitation and I/I removal construction required to provide a serviceable sanitary sewer system for the tributary area for City review. Recommendations 15 for follow up on non-critical sanitary sewer defects will also be provided. 4.10.2 For existing combined sewers to become separate stoup sewers, this task will recommend: • disconnection of any sanitary service connections remaining connected throughout the tributary area • rehabilitation/repair of any critical structural defects throughout the tributary area • rehabilitation/replacement/protection of existing sewers subject to damage during sewer separation construction 4.10.3 A Sewer Rehabilitation Database will be prepared that identifies recommendations and associated construction cost, if any, for each sewer reach and shall be incorporated into the Addendum to the Basis of Design Report. The Database will be developed in Microsoft Excel/Access that identifies each reach, anticipated future use, and potential and recommended rehabilitation options. An associated colored map identifying the recommended rehabilitation shall be included. 4.10.4 Inflow/Infiltration Reduction Requirements. All sewer separation projects will include a minimum amount of rehabilitation and new construction measures to minimize and eliminate some direct sources of storm and ground water inflow and infiltration in both sanitary and storm sewer manholes, whether in pavement or in non-paved areas. These measures include: (1) installing external frame seals and solid manhole covers on all new manholes; (2) installing external frame seals on all existing manholes exposed during construction, which may include rebuilding risers; (3) cut out, expose, rebuild risers if necessary, and install external frame seals on all existing manholes which are on sanitary sewers or on pipes that are being changed from combined to sanitary sewers; (4) replace existing perforated manhole covers with solid covers (and new frame if necessary) on all existing sewers which are changed from combined to sanitary sewers, AND on any existing sanitary sewers (especially upstream branches that feed into these renovated sewers). This work will be included in the project plans and specifications for the direct project area at a minimum, and to the extent of the system outside of the project area as determined through discussions with the PMT. 4.11. Construction Sequencing/Phasing. ENGINEER shall prepare a recommended project sequencing/phasing to maintain sewage flow at all times, to encourage clean-up, to maintain access to businesses, streets, etc. and to include traffic control, detour plans and pedestrian wayfinding, where appropriate. CITY will 16 provide example sequencing/phasing plan and detailed notes, if requested by the ENGINEER. Phasing and sequencing will also consider appropriate methods for sediment and erosion control in conformance with Stoiinwater Pollution Prevention Plans and required NPDES permitting. 4.12. Temporary and Permanent Easement Descriptions and Access Easements. ENGINEER shall prepare documents for easement acquisition. CITY personnel will perform title searches and negotiate the acquisition of the easements. Identify easements and acquistions necessary for construction and provide information required per the ROW Management and Property Acquisition Procedure. Update potential properties impacted by the project on the ROW Table with current property information. Based upon the 30% design concept, it is anticipated that thirty-two (32) temporary and seventeen (17) peiinanent easement descriptions will be required. Eight (8) acquisition descriptions will be required for properties anticipated to be purchased for the project. 4.13. Permits. The ENGINEER will update the list of environmental permits and clearances for the project along with a proposed schedule for submission of applications for the design and construction of the PROJECT. The Engineer will meet with representatives from the Compliance Team to review the list of permits prior to incorporation into the Basis of Design Report. Incorporate permit design requirements as outlined in the Environmental Plan, into the Basis of Design Report. Communications with permitting agencies need to be done in conformance with the Environmental Plan. ENGINEER shall fill out all permit applications and provide draft cover letters for any governing agency or other entity related to obtaining field investigations and surveying for preliminary and final design services. ENGINEER shall coordinate with the PMT and CITY to get these permit applications submitted and approved. [A list of permits that may be required is itemized in Task 51 4.14. Technical Specifications. The ENGINEER, in accordance with the Environmental Plan, will provide technical specifications, modified to reflect the specifics for the project, that address environmental issues associated with the PROJECT including, but not limited to, management of hazardous or contaminated wastes likely to be found onsite, permitting specification and temporary environmental controls specification. This shall include appropriate modifications of technical specifications developed by the PMT to address environmental issues. The ENGINEER will work with the PMT to continue to identify other regulatory criteria or requirements. 4.15. Risk Management. The ENGINEER shall update the mitigation strategy for the risk factors identified and identify methods to mitigate the risks identified. The Risk Mitigation Strategy TM shall include an identification of risks that should be carried forward to construction contractors as the controlling entity. 4.16. Sustainability. The ENGINEER shall update sustainability strategies previously identified during preliminary design. 17 4.17. Update OPC. Update the bid item list in accordance with the CITY standard bid items (exact wording and units shall be used as much as possible). Develop new bid items as necessary. The CITY shall also provide a list of bid items that are generally included on all sewer separation projects in case they are needed during construction. Engineers Opinion of Probable Construction Cost (OPC) shall be prepared and submitted per the Cost Estimate Template Guidance. 4.18. Prepare Addendum to the Basis of Design Report. An Addendum to the Basis of Design Report will be prepared in accordance with the Deliverable Guidance Document. This report will identify changes or updates to the 30% BODR and should reflect the overall plan methodology, project assumptions, construction phasing or sequencing, field investigations, summary of permit activities, and summaries of the documents included with the 60% submittal. 4.19. Prepare 60% Plans. 60% plan documents shall include the drawings as identified in the Deliverable Guidance Document and include revised City Standard Plates related to 700 Series Technical Specifications. Sanitary Sewer Design. 60% plan documents will include sanitary sewer improvement design based on OWNER selected alternatives per paragraph 4.6. Sanitary Sewer Design fee is based upon the 30% Preliminary Design submittal and will be reduced commensurate with the reduction in sanitary sewer. ENGINEER will not bill OWNER for sanitary sewer shown in the 30% Prelimary which is not designed for 60% submittal. 4.20. Prepare 60% Specifications. Prepare the Division 00 Specifications, Division 01 Specifications, 700 Series Technical Specifications and Supplemental Technical Specifications per the 60% Specification Guidance. The CITY is using the Engineers Joint Contract Documents Committee (EJCDC) contract documents. Special Provisions and Supplemental Specifications shall be provided for special items and work not covered in the City of Omaha Standard Specifications. The CITY and PMT may also provide some Technical Specifications and Plan Details to be utilized by the ENGINEER, if necessary. 4.21. Prepare Preliminary Stormwater Pollution Prevention Plan (SWPPP). Prepare the preliminary SWPPP in accordance with the NDEQ Stormwater Construction Permit and Environmental Plan. 4.22. Prepare Preliminary Post-Construction Stormwater Management Plan. Prepare the preliminary Post-Construction Stormwater Management Plan in accordance with the Environmental Plan. 4.23. Prepare Preliminary Drainage Report. Prepare Preliminary Drainage Report in accordance with the Environmental Plan. 4.24. Plan in Hand Review Meeting. Organize and attend one onsite review meeting following completion of the 60% plans. City Project Manager shall send and manage the invite list. Attendees will include the ENGINEER, the CITY Project Manager, PMT Coordinator, Compliance Coordinator, Utility company 18 representatives, CITY Construction Division staff (including CITY Utility Coordinator), and other CITY and PMT staff as required to review the plans for completeness, constructability, review existing pavement and curb conditions, proposed intersection radii and curb ramp locations, extent of surface feature removals and replacements, tree removals and replacements, discuss extent of utility relocations/replacements and utility phasing, identification of potential private property conflicts, and identification of other issues that may impact construction. This may include an office meeting to review plan/specification/field review comments, clarify issues and concur on changes. The ENGINEER will take and distribute meeting notes. 4.25. Utility Coordination Meeting. ENGINEER will conduct a utility coordination meeting to review the 60% design drawings. ENGINEER will be responsible for organizing the meeting location, inviting the impacted utilities, taking meeting notes, and distributing meeting notes. Discussions will include utility conflicts, possible alignment revisions of the sewers, and utility phasing. A schedule of relocation work will be requested from the utilities following this meeting. The meeting will be coordinated with the CITY Project Manager, PMT Coordinator, and PMT Utility Coordinator. Invite the CITY Utility Coordinator (in Construction Division). 4.26. Submit 60% Deliverables for Review. Deliver the 60% submittal documents to the CITY and PMT for distribution and review by the CITY, PMT, agencies, and permitting agencies, as required. 60% documents include plans, specifications, Addendum to the BODR, draft permit applications, etc. ENGINEER will provide three (3) sets of 60% documents to the PMT and three (3) sets of 60% design documents to the City for review. 4.27. Address Plan and Specification Review Comments. CITY and PMT review comments will be compiled in one Quality Review Form (QRF) document per deliverable and will be submitted to the ENGINEER. ENGINEER will incorporate comments from the QRF into the design. 90% Design Objective: Develop 90% deliverables for review and utility coordination. The 90% design submittal is meant to be a complete, bid-ready set of construction documents. The purpose of the 90% design submittal is to provide the CITY and PMT the opportunity to review the plans, specifications, and appurtenant material prior to submitting for regulatory review and bidding the project for construction. Deliverables: Per the 90% Deliverables Guidance, including 90% Design Drawings, Specifications and Final Design Report Guidance documents; 90% deliverables include: final bid item list and quantities, Draft cover letter to NDEQ to cover changes from the LTCP, final drafts of all necessary permit applications and cover letters, Draft Construction Permit Application, Final Design Report, Final Drainage Report, SEB Exhibit A, SB/ESB Construction 19 Utilization TM; Updated List of Peiiiiits and Environmental Clearances, ROW Strip Maps, updated ROW Table, and updated OPC. Scope: 4.28. Prepare 90% Design Drawings. The 90% Design Drawings are meant to be final, bid-ready plans, and at a minimum shall include the items as identified in the 90% Design Drawings Deliverable Guidance Document. Final quantities on some of the major items (such as pavement, rock, etc.) shall be measured quantities with an additional percentage to cover typical potential overruns due to constructing in an aged, urbanized area, as identified in the Cost Estimate Template Guidance. The CITY will provide a list of typical items and percentage increases to use. 4.29. Finalize Contract Documents. Finalize the contract documents, per the 90% Specifications Guidance Document including cover sheet, Project Contact Information Page, specification section discipline lead sheets, table of contents, Division 00 Specifications, Division 01 Specifications, 700 Series Technical Specifications, Supplemental Technical Specifications, bid item narrative of what the bid item includes, including measurement and payment, and construction constraints. Incorporate utility relocation work schedules as part of the specifications. 4.30. Prepare Final Design Report (FDR). The FDR is a final compilation of the Basis of Design Report (BODR), the addendum submitted at the 60 percent design stage, and any additional modifications and/or calculations that support the final design of the project. The FDR will be prepared in accordance with the 90% Deliverable Final Design Report Guidance. 4.31. Green Infrastructure. Complete the design of the CITY accepted green infrastructure as part of the plans and specifications including any updates to the Green Infrastructure TM. A summary of the final Green Solutions implemented will be included as an attachment to the FDR. 4.32. Risk Management. The ENGINEER shall update the mitigation strategy for the risk factors identified and identify methods to mitigate the risks identified. The Risk Mitigation Strategy TM shall include an identification of risks that should be carried forward to construction contractors as the controlling entity. 4.33. Sustainability. The ENGINEER shall update sustainability strategies previously identified. 4.34. Prepare a Final Stormwater Pollution Prevention Plan (SWPPP). Prepare the SWPPP in accordance with City of Omaha regulations, NDEQ Stormwater Construction Permit and the Environmental Plan. 4.35. Prepare Post-Construction Stormwater Management Plan. Prepare the Post- Construction Stormwater Management Plan in accordance with the Environmental Plan. Submit to the City of Omaha Permix System. 20 4.36. Prepare Drainage Report. Prepare Drainage Report and submit with 90% submittal. Prepare Drainage Report in accordance with the Environmental Plan and as identified in Task 5. Submit to the City of Omaha Permix System. 4.37. Utility Coordination Meeting. ENGINEER will conduct a utility coordination meeting. ENGINEER will be responsible for organizing the meeting location, inviting the impacted utilities, taking meeting notes, and distributing meeting notes. The meeting will be coordinated with PMT. Utilities to provide a schedule and locations of agreed upon relocation work which shall be included in the 90% specifications. Request utility schedule at least four weeks before plan and specification review distribution to enable incorporation in 90% specs. 4.38. Small and Emerging Small Businesses Utilization Form. Follow the requirements of the Small and Emerging Small Business Program (SB/ESB) as outlined on the City of Omaha Human Rights and Relations Department website and as directed by the CITY, to determine and define portions of the construction project that could be performed by SB/ESB companies. This includes but is not limited to review of the latest CITY certified SB/ESB company listing, identification of sufficient number of companies for each construction task, and completion of EXHIBIT A "UTILIZATION OF SMALL AND EMERGING SMALL BUSINESSES" in the project specifications/contract documents. A Construction Phase SB/ESB Utilization Technical Memorandum shall be prepared that summarizes the evaluation performed by the ENGINEER to identify the portions of the Project that can reasonably be designated for construction by Small Business (SB)/Emerging Small Business (ESB) contractors. The areas identified for SB/ESB subcontractors are specifically designated in the contract documents. 4.39. Prepare Final OPC. Finalize the bid item list in accordance with the CITY standard bid items. Number new bid items in accordance with CITY policy. Engineers Opinion of Probable Construction Cost shall be prepared and submitted per the Cost Estimate Template Guidance. 4.40. Permit Applications. The ENGINEER will update the list of permits (including schedule). A copy of the list of permits (with the status of and responsible party for each permit) and a copy of all prepared permits by the ENGINEER will be included in the 90% submittal along with a copy of all permit applications to be obtained by the contractor, for review by the PMT Compliance Team. Unless otherwise determined by the CITY, any permits, mitigation plans, or similar information developed by the ENGINEER shall be reviewed by the PMT Compliance Team prior to submission of the final information to the CITY for submission to the appropriate agency. Based on comments received from the PMT, the applications are to be revised and prepared by the ENGINEER for execution by the CITY in accordance with the Environmental Plan. All permits will be in the name of the CITY and the CITY will pay directly for any associated permit application fees. 4.41. Submit 90% Documents for Review. Deliver the 90% submittal documents to the CITY and PMT for distribution and review. 90% documents include plans, 21 specifications, Final Design Report, permits, etc. Environmental, permitting, and regulatory issues shall be in accordance with the Environmental Plan and coordinated with the Compliance Team Lead or designated representative. The ENGINEER will provide three (3)review sets to the PMT and three (3)review sets to the City. 4.42. Review Comments. CITY and PMT review comments will be compiled in one Quality Review Form (QRF) document per deliverable and will be submitted to the ENGINEER. Approximately three weeks following plan submittal, organize and attend an office review meeting with the CITY Project Manager, PMT Coordinator, Compliance Coordinator, PMT Utility Coordinator, CITY Construction Division staff, and other CITY and PMT staff as required to review and discuss comments. The ENGINEER will take and distribute meeting notes. ENGINEER will incorporate comments into the Bid Documents. 4.43. UDRB Submittal. The ENGINEER shall prepare the Urban Design Review Board application and the 95% review submittal package required by the UDRB and the City Planning Department for review by City Planning and the UDRB. In general, the UDRB submittal package will include plan-view drawings that clearly show impacts to Green Streets, Bicycle routes, Areas of Civic Importance (ACI), etc., as identified by the PMT as well as the proposed mitigation of those impacts, showing sufficient details to convey the proposed work, but in a non- technical way. The submittal may require the services of a landscape architect to meet UDRB expectations. Examples of UDRB submittals will be provided to the ENGINEER for reference. A draft review submittal will be required for Planning Department Review (3 copies) and a final Board submittal incorporating Planning Department comments (17 copies). Urban Design Review Board (UDRB) review comments shall be addressed by the ENGINEER and incorporated into the Final plans and specifications. i. Tree Mitigation Plan. Tree species composition, size and location will be recorded within the potential project impact areas. This information will be used to mitigate tree losses according to Omaha Parks, Recreation and Public Property (OPR&PP) and Urban Design Review Board, as appropriate. The ENGINEER will determine impacts and prepare a mitigation plan, which will include a detailed planting plan. 1. The ENGINEER shall provide the services necessary to deteiiiiine the number of mitigation trees required due to tree removal within park (inventory, calculation of number of trees required, coordination with OPR&PP on new tree locations). 2. UDRB Replacement Trees along city streets—The ENGINEER shall provide the services necessary to inventory the trees along city streets which will be removed due to construction, determine potential locations of new street trees, develop planting plans as required for replacement trees, provide 22 calculations of number of trees required and planting plans to UDRB for review. Provide any coordination with OPR&PP on street tree locations within city park property. 95% Regulatory Review Submittal Objective: Prepare 95% Regulatory Review Submittal. The 95% regulatory review submittal is meant to be a complete, bid-ready set of construction documents incorporating CITY/PMT comments to be submitted to NDEQ for review and approval. Deliverables: Per the 95% (Regulatory Review) Deliverables Guidance. Scope: 4.44. Prepare 95% Submittal Package. ENGINEER shall prepare a 95% submittal package to the NDEQ for a Construction Permit, incorporating comments received from the City/PMT. Submittal items include: • A cover letter summarizing the project and documenting any significant changes in concept that have been made on the PROJECT in relation to the previously submitted Long Term Control Plan (LTCP). (CITY representative will sign) • Completed, signed Application for NDEQ Construction Permit (CITY representative will sign) • Three (3) copies of sealed/signed Design Drawings, with City/PMT comments addressed/incorporated • Three (3) copies of sealed/signed Specifications with City/PMT comments addressed/incorporated • One (1) copy of sealed/signed Final Design Report with City/PMT comments addressed/incorporated. • Final SWPPP (CITY representative will sign) • Final Drainage Report • Post Construction Stormwater Management Plan (CITY representative will sign) Bid Documents Objective: Finalization of the bid documents and preparation of the plans and specifications for bidding. Deliverables: Signed and Sealed plans and specifications, final OPC, Project Advertisement Form, Final Bid Item List and Quantities, all field books, electronic copy of plans and Contract Documents, and electronic copies of all CADD files. Scope: 23 4.45. Sealed Contract Documents. The plans and specifications shall be signed and sealed by the ENGINEER project manager and the appropriate disciplines. Submit project advertisement form, final quantities, opinion of probable cost (without any Contingency), and one (1) copy of signed plans & specifications (with CITY signed cover sheet) to CITY for advertisement/bidding Quality Control check. Allow for 5 business days for CITY to complete QC check. 4.46. Quality Control Changes. ENGINEER shall make quality control changes based on comments received during CITY's Quality Control check, sign and seal revised plans and specifications. Provide one (1) original and thirty-five (35) copies of final signed and sealed plans (half-size) and specifications (contract books) to CITY along with thirty-five (35) CD electronic copies of the signed and sealed plans (full size) and specifications (contract books), and any other supplemental information that will be part of the contract in pdf format. Final plans, specifications (contract books)and CD's shall be delivered to the CITY no later than the day before the project is advertised for bid. 4.47. Document Submittal. Submit copies of all survey field books, CADD drawings in electronic format (ACAD 2013 Civil 3D, final drainage files/models, GIS files, and Contract Documents in Microsoft Word format. TASK 5—PERMITTING SERVICES Objective: Provide additional environmental investigations and permitting, as required. Deliverables: Construction Dewatering Permit Application, Preliminary Stormwater Pollution Prevention Plan (SWPPP), Preliminary Post-construction Stormwater Management Plan, Preliminary Drainage Report, US Army Corps of Engineers Section 404 Permit Application, NGPC & USFWS, SHPO concurrence, NDEQ 401 Water Quality Certification, City of Omaha Grading Permit Application, NDEQ Construction Permit Appliation, EPA Lead Environmental Review Letter, NDEQ Title 128 Request for Approval Letter, NDOR Access and ROW Occupancy Permit Applications, NDNR Dam Permit Application, NDNR Permit to Impound Water Application, NDNR Permit to Appropriate Water Application, and UPRR temporary access agreement, UPRR Construction Access Agreement. Scope: 5.1. Unless otherwise determined by the CITY, any permits, mitigation plans, or similar information developed by the Project Team shall be reviewed by the PMT Compliance Team prior to submission of the final information to the CITY for submission to the appropriate agency. Based on comments received from the PMT, the applications are to be revised and prepared by the ENGINEER for execution by the CITY in accordance with the Environmental Plan. All permits will be in the name of the CITY and the CITY will pay directly for any associated permit application fees. 24 5.2. The ENGINEER will update the list of permits (including schedule). A copy of the list of permits (with the status of and responsible party for each permit) and a copy of all permit applications and cover letters prepared by the ENGINEER will be included in the 60% and 90% submittals along with a copy of all permits and associated applications to be obtained by the contractor, for review by the PMT Compliance Team. It is anticipated that the following permits, cover letters and related reviews, and/or consultations will be completed by the ENGINEER: 5.2.1. Construction Dewatering Permits (to be obtained by the construction contractor) for discharge into the City's sewer system. ENGINEER will prepare a construction dewatering permit for City/PMT review and acceptance. 5.2.2. Stormwater Pollution Prevention Plan (SWPPP). Prepare and submit the SWPPP in accordance with the Environmental Plan. 5.2.3. Post-Construction Stormwater Management Plan. ENGINEER will prepare and submit the Post-Construction Stormwater Management Plan in accordance with the Environmental Plan. 5.2.4. Drainage Report. ENGINEER will prepare and submit a Drainage Report in accordance with the Environmental Plan. The Drainage Report shall be compiled into one single PDF document along with the necessary BMP certifications. 5.2.5. USACE Nationwide 404 Permits, NDEQ 401 certifications, and NDEQ Title 117 permit. This includes a Mitigation Plan for stream and wetlands impacted by the project. It is assumed that the USACE Nationwide will be approved for Gilmore Avenue, an Individual Permit (IP) has not been budgeted as part of this contract. 5.2.6. Nebraska Game and Parks Commission and United States Fish and Wildlife Service (USFWS) Endangered Species Conservation Act Consultation. Includes preliminary review of state and federally listed species, a habitat survey, and technical memorandum of results. Once the information is collected, a "Deteiruination of Effect: will be completed for City/PMT review. 5.2.7. Cultural Resources Evaluation and State Historic Preservation Office (SHPO) Review Project information as specified in the Environmental Plan will be submitted to City/PMT for review and use in submitting consultation letter to the Nebraska State Historcial Society and State Historic Preservation Office (SHPO). This task will consist of writing a letter to SHPO explaining the location and nature of the project for SHPO's comment. 5.2.8. City of Omaha Post Construction Stormwater Requirements. The ENGINEER will prepare a Post Construction Stormwater Management Plan including a Drainage Report. The ENGINEER shall be responsible for 25 uploading all applications and supporting documentation to the PCSWMP site (PERMIX) following City and PMT approval. 5.2.9. City of Omaha Grading and Erosion Permit. The ENGINEER shall prepare a permit application and also provide the supporting documentation as identified in the permit application in accordance with the Environmental Plan. The ENGINEER shall be responsible for uploading all applications and supporting documentation to the PCSWMP site (PERMIX). 5.2.10. NDEQ Construction Stormwater Permit. The ENGINEER shall prepare a permit application and also provide the supporting documentation as identified in the permit application in accordance with the Environmental Plan. 5.2.11. EPA Lead Remediation Review. The ENGINEER shall prepare a letter to EPA, using City/PMT template, requesting a map and list of properties that have been or are planned to be remediated. The ENGINEER shall incorporate one (1) plan sheet in the bid set that illustrate the recent lead remediation activity indicated in the EPA's response (should it be necessary). The ENGINEER shall incorporate any specific soils handling requirements within the Environmental Controls Specification for construction. 5.2.12. NDEQ Construction Permit. The ENGINEER shall prepare a letter and NDEQ construction permit application for submittal with the Regulatory Review Set of Plans and Specifications. The ENGINEER shall utilize the City/PMT template when drafting the cover letter. 5.2.13. NDOR Access and ROW Occupancy Permits. The ENGINEER shall prepare the necessary permits through the Nebraska Department of Roads (NDOR) for the Project, as construction of new sewers is anticipated through NDOR right-of-way (ROW) between Gilmore Avenue and Madison immediately west of Railroad Avenue. 5.2.14. UPRR Temporary Occupancy Permit. The ENGINEER shall coordinate and prepare the necessary agreements and permits with the UPRR for construction of the new sewer under the existing railroad. TASK 6—BIDDING ASSISTANCE Objective: Provide assistance to the CITY, on an as requested basis, for assistance during the bidding process. Deliverables: Addenda and other items identified by the CITY during the bidding phase. Scope: 26 6.1. Transition Meeting #1: Scope includes attendance at a Transition meeting with the Program Management Team and CITY Construction Management (CM) staff for the ENGINEER to provide PROJECT design background information and specific design related issues/information to the CM staff. Review pre-bid meeting agenda, permit/approval acquisition status, ROW status and determine if project is ready to bid. Meeting organized by the PMT Coordinator. Meeting documentation prepared by the PMT Coordinator. 6.2. Pre-Bid Meeting: Scope includes attendance at Pre-bid meeting organized by the CITY. No more than two personnel from the ENGINEER shall attend the pre-bid meeting. 6.3. Prepare Addenda: Prepare addenda as required to address questions raised at the pre-bid meeting, written questions from bidders, or other Contract Document plan and specification clarifications. One copy of the addenda will be provided to the CITY. 6.4. Bid Evaluation: ENGINEER shall provide assistance in the evaluation of the bids, as requested by the CITY. TASK 7—NOT USED TASK 8 -ADDITIONAL SERVICES Additional services shall be provided only if approved by the CITY. These additional services may include, but shall not be limited to: 8.2. Subsurface Utility Exploration. Perform Subsurface Utility Exploration (SUE) for key utilities based on information obtained from the utility companies. An allowance of five (5) individual potholes of SUE work is included for areas that are not performed by the utilities themselves. A cost allowance of $1500 per pothole is included to employ a Contractor to perform potholing including traffic control and surface restoration. Proposed SUE work will be reviewed with CITY and PMT, and proceed only upon authorization by the CITY. Locations of proposed explorations have yet to be determined. 8.3. Containmenated Soil Analysis. Submit one soil sample (and a water sample, if obtained) representing the highest PID reading from each boring with a detectable PID reading for laboratory analysis of petroleum compounds. The soil samples will be submitted for laboratory testing of benzene, toluene, ethylbenzene, hexane (BTEX), MTBE, naphthalene, and n-Hexane by Method 8260B and total extractable hydrocarbons (TEH) by Method OA-2. The test results will be incorporated into the geotechnical report. The report will contain an indication of boring/sampling locations, a summary of field and laboratory analytical results and boring logs. 8.4. Phase 1 /ESA for Property Acquisition • ENGINEER will perform eight (8) Phase 1 Environmental Site Assessments in support of acquisition. There are no structures on any of the Properties. • The Phase I site visits for all Properties can be completed in a single day. 27 • A separate Phase I ESA report will be prepared for each Property. • The review of title and land judicial records for environmental liens and activity and use limitations (AULs) will be obtained by the ENGINEER. Note that full liability protection cannot be obtained under the ASTM 1527-05 Standard and All Appropriate Inquiry Regulation(40 CFR 312) without a review of Title and Land Judicial Records for Environmental Liens or AULs. The estimated, total cost to obtain this review is $1,680 based on 8 parcels (one parcel per Property). • The project cost assumes that there are no ongoing or past environmental investigations, such as Phase II investigations, underground storage tank removals, remedial investigations, etc., at the Property. • The Phase I ESA will not include any inquiry with respect to controlled substances, environmental compliance, radon, methane, asbestos, lead paint, mold, wetlands or vapor intrusion. • No party other than CITY is permitted by ENGINEER to rely on the Phase I ESA reports without prior authorization by ENGINEER. • See Attachment D for full Phase 1 Environmental Site Assessment scope. 8.5. CCTV Investigation. Perform additional CCTV as necessary. The CCTV allowance includes cleaning, televising and review of existing piping in the project area, as required, and is based on an estimated 1000 feet of sewer performed in accordance with the Pipeline Inspection Using CCTV Procedure. This will include CCTVing the Stubout from the South Barrel. 8.6. Migratory Bird Treaty Act (MBTA) Survey. ENGINEER will perform MBTA survey of the Project area to determine if nesting of any "Species of Significance" such as raptors, bald eagles, etc. are present in the Project area that could impact the timing of the proposed construction activities. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15.The timing of the survey will be coordinated with the Compliance Team i. Reporting 1. Provide memo report of MBTA surveys within one week from completion of MBTA survey. 2. Provide photographic documentation and GPS location of any observed existing nesting of Raptor or Bald Eagle "Species of Significance". 3. Report to contain, surveyor name, date and time of survey, project location, field observations and results, weather conditions, bird species observed (as noted above), location, number and species of active bird nests observed within the construction area, and recommended actions. 8.7. Retaining Wall Design. ENGINEER will perform detailed retaining wall design along Harrison Street from 27th to Sarpy Avenue as required for sidewalk installation. 28 Detailed design will include showing more on the plans than grade at top of wall, top of wall, and grade at toe of wall. The assumption is this will include up to two (2) plan sheets and an additional specification section. SCHEDULE The PROJECT schedule is attached based on assumed dates of Notice to Proceed and Bid, schedule of Bidding Assistance shall be coordinated with the CITY during the bidding phase. EXHIBIT "C" BREAKDOWN OF COSTS 29 Estimated Project Schedule Task Name Duration Start Finish Notice to Proceed 1 day Mon 8/12/13 Mon 8/12/13 Updated Quality Control Plan 1 day Tue 8/13/13 Tue 8/13/13 Updated Health and Safety Plan 1 day Tue 8/13/13 Tue 8/13/13 Updated PEP 10 days Mon 8/19/13 Fri 8/30/13 Project Kickoff Meeting 1 day Fri 8/16/13 Fri 8/16/13 Monthly PMT Meetings (Assume 13) 281 days Fri 9/6/13 Fri 10/3/14 Survey 30 days Mon 8/26/13 Fri 10/4/13 Perform Additional Geotech 30 days Mon 8/26/13 Fri 10/4/13 Street Corings additional 3) 5 days Mon 8/26/13 Fri 8/30/13 Update Sanitary Calculations 5 days Mon 8/19/13 Fri 8/23/13 UDRB Comments 5 days Tue 9/3/13 Mon 9/9/13 On Site Field Review 1 day Fri 9/6/13 Fri 9/6/13 Permitting 270 days Mon 8/19/13 Fri 8/29/14 Addenda to Basis of Design Report 15 days Mon 4/21/14 Fri 5/9/14 Prepare 60% Plans 180 days Tue 8/13/13 Mon 4/21/14 Prepare 60% Specs 10 days Mon 3/24/14 Fri 4/4/14 Plan in Hand Review Meeting 1 day Tue 10/15/13 Tue 10/15/13 Utility Coordination Meeting 1 day Fri 3/21/14 Fri 3/21/14 Submit 60% Delivables for Review 1 day Tue 4/22/14 Tue 4/22/14 Client Review 15 days Wed 4/23/14 Tue 5/13/14 Address Revew Comments (Plan and Spec) 10 days Wed 5/14/14 Tue 5/27/14 Conduct 60% Design Public Meeting 1 day Thu 5/22/14 Thu 5/22/14 Prepare 90% Design Drawings 35 days Wed 5/28/14 Tue 7/15/14 Submit 90% Package 1 day Wed 7/16/14 Wed 7/16/14 Client Review 15 days Thu 7/17/14 Wed 8/6/14 Revew Comments 10 days Thu 8/7/14 Wed 8/20/14 95% Submittal Package 24 days Thu 8/21/14 Tue 9/23/14 Sealed Contract Documents 1 day Wed 9/24/14 Wed 9/24/14 Quality Control Changes 5 days Thu 9/25/14 Wed 10/1/14 Document submittal 1 day Thu 10/2/14 Thu 10/2/14 Transition Meeting 1 day Thu 10/30/14 Thu 10/30/14 Advertise for Bid 1 day Sun 10/5/14 Sun 10/5/14 PreBid Meeting 1 day Tue 10/21/14 Tue 10/21/14 Prepare Addenda 5 days Wed 10/22/14 Tue 10/28/14 Bid Opening 1 day Tue 11/4/14 Tue 11/4/14 Bid Evaluation 5 days Wed 11/5/14 Tue 11/11/14 • Engineering Fee Schedule Gdmore Aver,oe SPwo r Seporobon F in.Des)g n ''-"'''''4''•-I' ' II V a it 4 ,- DIWWwWWW .000. 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Attachment D Scope of Work City of Omaha, Nebraska for Phase I Environmental Site Assessments Of Eight Properties in Omaha, Nebraska May 24, 2013 Attachment D Gilmore.doc 05/24/13 1.0 PROJECT In accordance with the Burns &McDonnell Engineering Company, Inc. (hereafter referred to as ENGINEER)proposal to the City of Omaha,Nebraska(CLIENT or User) dated May 24, 2013; the following Project Scope of Work shall be performed: 2.0 SCOPE OF SERVICES The project scope consists of assisting CLIENT with Phase I Environmental Site Assessment of eight properties located in Omaha,Nebraska as described by the following: TRACT# OWNER ADDRESS 1 Mixan Anthony Gerard PT of Lots 9& 10 Block 1 Kendis&Lewis Subdivision PT Lots 2,3, 8,9, 10, 11, 12&13 &All Lot 1 Block 2 Jura,Terry L Kendis&Lewis Subdivision PT Lots 2,3,8, 11 &All Lots 4-7 Block 1 Kendis& Lewis 3 Villezcas,Jesus Subdivision 4 Jesus Vilazcas Etal 2548 Harrison Street,Omaha 5 Joseph A Kneib Vac Alley& PT Lts 5 thru 8&Its 22 thru 25 6 Floyd E Richards Jr Etal 2117 Jefferson Street,Omaha 7 Union Pacific Railroad Co 6302 Railroad Av,Omaha 8 Cahill Jeff E 2000 Madison Circle, Omaha Because ENGINEER has limited information concerning the Property, the following assumptions have been made for the purposes of cost estimating: • There are no structures on any of the Properties. • The Phase I site visits for all Properties can be completed in a single day. • A separate Phase I ESA report will be prepared for each Property. • The review of title and land judicial records for environmental liens and activity and use limitations (AULs) will be obtained by the ENGINEER.Note that full liability protection cannot be obtained under the ASTM 1527-05 Standard and All Appropriate Inquiry Regulation(40 CFR 312) without a review of Title and Land Judicial Records for Environmental Liens or AULs. The estimated, total cost to obtain this review is $1,680 based on 8 parcels (one parcel per Property). Attachment D Gilmore doe Page 1 05/24/13 • The project cost assumes that there are no ongoing or past environmental investigations, such as Phase II investigations, underground storage tank removals, remedial investigations, etc., at the Property. • The Phase I ESA will not include any inquiry with respect to controlled substances, environmental compliance, radon, methane, asbestos, lead paint, mold, wetlands or vapor intrusion. • No party other than CLIENT is permitted by ENGINEER to rely on the Phase I ESA reports without prior authorization by ENGINEER. Changes in any of the forgoing assumptions may change the fee quoted in this proposal. ENGINEER agrees to furnish labor, materials, equipment, and other items necessary to complete the services described herein for CLIENT. This scope of services will be completed in accordance with American Society for Testing and Materials Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (E1527-05). 2.1 Regulatory Background Review a. ENGINEER will purchase and review a government database area map search and list report(Report) for the Property. The Report will be purchased from one commercial provider of that service. The Report purchased will use the address of the Property or the approximate latitude and longitude of the center of the Property as its location and will contain the following information: • Federal National Priority List (NPL) and State and Tribal Priority List for sites within a one (1) mile search distance of the Property. • Federal Delisted NPL site list within one-half(Y2) mile search distance from the Property. • Federal, State and Tribal equivalent Comprehensive Environmental Response Compensation and Liability Information System(CERCLIS) list sites, Federal CERCLIS No Further Remedial Action Planned(NFRAP) list sites and State and Tribal landfill and/or solid waste disposal list sites (SWLF) within a one-half(%2) mile search distance of the Property. • Resource Conservation and Recovery Act(RCRA)Notifiers List for generators at and adjoining the Property. • RCRA CORRACTS Treatment, Storage and/or Disposal (TSD) sites within a one (1)mile search distance of the Property • RCRA Non-CORRACTS TSDs within a one-half(%2) mile search distance to the Property. Attachment D Gilmore.doc Page 2 05/24/13 • Federal Emergency Response Notification list sites (ERNs) for the Property only. • State and Tribal list of registered storage tank lists for tanks on the Property or on adjoining properties. • State and Tribal list of reported leaking storage tanks incidents for sites within a one half(1/2) mile search distance of the Property. • Federal, State and Tribal institutional control/engineering control registries for the Property only. • State and Tribal voluntary cleanup sites within a one-half(%2)mile search distance to the Property. • State and Tribal Brownfield sites within a one-half(%2)mile search distance to the Property. b. ENGINEER will review historical aerial photographs, from as many different time periods as practical. The following sources may be used: • Either the local County or Township Assessor's office, • The local office of the United States Natural Resource Conservation Service, • The City Planning and Zoning Department, • Commercial Provider. Aerial photographs will be reviewed in an effort to identify the past uses of the Property. If possible, ENGINEER will purchase copies of the photographs reviewed, however, ENGINEER will not purchase copies of more than one photograph per decade. The quoted fee in this scope of work does not include purchasing more than $100.00 in aerial photographs. c. ENGINEER will review the USGS 7.5 Minute Topographic Map for the Property to evaluate the regional topography and drainage features on or within %2 mile of the Property. d. ENGINEER will purchase and review historic fire insurance maps (Fire Insurance Maps), if they are available. Fire Insurance Maps will be purchased from one commercial provider of that service. The Fire Insurance Maps purchased will use the street address of the Property as the search criteria. ENGINEER will review the Fire Insurance Maps, if available, to identify known past uses of the Property. Attachment D Gilmore.doc Page 3 05/24/13 The quoted fee in this scope of work does not include purchasing more than $125.00 in Fire Insurance Maps. e. ENGINEER will interview the person(s) identified by CLIENT as possessing knowledge of the current and former uses of the Property. ENGINEER also will interview credible people identified, if any, that may possess knowledge of the current and former uses of the Property. Attempts will be made to interview both current and past Property owners and/or operators. f. ENGINEER will review file information concerning the Property at the local fire, building and planning departments and the township or county Assessor's Office, or will interview representatives of these offices by telephone concerning records they have. g. ENGINEER will review reasonably ascertainable published geologic maps or literature for the Property in an effort to identify the thickness of soil and the types of soil and rock underlying the Property. ENGINEER will not conduct intrusive data gathering or sampling of soil, rock or water at the Property, to obtain this information. h. ENGINEER will submit Freedom of Information Act(FOIA) Requests to local, state and/or federal environmental agencies to request copies of file information concerning land and water related matters at the Property. FOIA requests will be sent to the federal and state environmental agencies with authority over land and water issues requesting file information about the Property only. In person visits to government agencies in order to obtain information through the FOIA will not be made. FOIA requests will be made in writing to pertinent government agencies with the expectation that records available can be mailed or e-mailed to ENGINEER for review. The quoted fee in this scope of work does not include more than $25.00 (for each Property) in search and copying charges for records obtained as a result of these FOIA requests. i. ENGINEER will purchase and review an environmental lien and activity and use limitation search report for the Properties from one commercial provider of that service. It is assumed that each Property is a single parcel. If any Property is determined to include multiple parcels, then additional costs will apply at the rate of$21 0/parcel. Attachment D Gilmore.doc Page 4 05/24/13 2.2 Site Reconnaissance a. ENGINEER will perform a site visit to visually and physically' observe the Property. ENGINEER will perform this site visit in an effort to obtain information that may indicate the likelihood of identifying Recognized Environmental Conditions on the Property. b. ENGINEER will visually observe the Property in an effort to identify transformers or capacitors that may contain polychlorinated biphenyls (PCBs). ENGINEER will look to see if transformers or capacitors are leaking and attempt to identify visible markings that may confirm their ownership and PCB content. c. ENGINEER will visually observe the Property to identify aboveground storage tanks and visible signs of underground storage tanks (e.g., fill pipes, manways, vent lines, and dispensing pumps). d. ENGINEER will photograph each accessible property line and each accessible side of Property improvements to document the condition of the Property at the time of the site reconnaissance. Finally, ENGINEER will photograph each area that, at the time of the site reconnaissance, ENGINEER plans to identify as a Recognized Environmental Condition at the Property. e. ENGINEER will review waste manifests, material safety data sheets, raw materials inventory lists, and tenant lists for a 50-year period, if these records exist and are made available to ENGINEER, in an effort to identify issues of environmental relevance to the Property for that time period. Reviews of these documents requiring more than 1 hour are beyond the scope of services of this scope of work and will be billed on a time and expense basis. 2.3 Visual Observation of Adjoining and Surrounding Lands ENGINEER will visually and physically observe adjoining properties from the CLIENT's Property and public points of view in an effort to identify use of and apparent environmental threats to the Property posed by adjoining properties. Also, ENGINEER will visually and physically observe upgradient surrounding properties within '/4-mile of the Property, as shown on the local USGS topographic quadrangle map. ENGINEER will perform visual observations of surrounding properties from the Property and public points of view in an effort to identify use of and apparent environmental threats to the Property posed by up-gradient surrounding properties t Physically observe as used herein means we will also make note of odors that may suggest environmental impact to the Property. Attachment D Gilmore.doc Page 5 05/24/13 2.4 Sampling ENGINEER will not take any samples for soil, groundwater, lead paint, asbestos, mold or vapor intrusion analysis. 2.5 Data Evaluation and Reporting ENGINEER will prepare a narrative report that summarizes the information obtained during the work described in Sections 2.1 through 2.4. A separate report will be prepared for each Property. ENGINEER will provide an electronic copy of each report. Draft copies of the report, hard copies of the draft or final report and revisions to the final report requested by CLIENT will be billed on a time-and-expense basis and are beyond the scope of services outlined in this section. 2.6 Additional Services Telephone consultation and interpretations of findings will be billed on a time-and-expense basis and are beyond the scope of services outlined in Sections 2.1 through 2.4. At CLIENT's request, ENGINEER will provide additional services that are beyond the scope of services outlined in Sections 2.1 through 2.4. ENGINEER will bill time for those non-scope services on a time-and-expense basis. ENGINEER will proceed with additional services only upon a written notice to proceed from CLIENT. Additional services may include the following items: • A chain-of-title for the Property can be obtained by Burns &McDonnell for an additional $300 PER PARCEL (additional costs will apply to large properties consisting of multiple parcels). CLIENT must provide the full, legal address of the Property for this search. • Sampling of readily observable and representative suspected ACBM and analysis bulk samples of ACBM. • Development of an Operations and Maintenance or Management Plan that addresses the ACBM located within the facility. • Sampling of readily observable and representative or suspected mold. • Design and implementation of Phase II environmental assessments to include groundwater studies,underground storage tank management, design of subsurface testing (borings, water, and soil analysis) and RCRA compliance programs. • Vapor encroachment screening in accordance ASTM E2600. 3.0 CLIENT'S RESPONSIBILITY CLIENT (User) agrees to provide the following: Attachment D Gilmore.doc Page 6 05/24/13 1. Give prompt written notice to ENGINEER whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services. 2. Provide written and legal authorization for ENGINEER to perform services on the Property, including right of access to the Property. 3. Describe the type of Property and type of Property transaction, for example, sale, purchase or exchange. 4. Provide the names, addresses and roles of all parties who will rely on the Phase I ESA report. 5. Identify the Property contact and how the contact can be reached, including the current owner, current occupant(s) and any known past owners and occupants. 6. Provide the reason the Phase I ESA is required (see examples below). If no reason is provided, it will be assumed that A., below, is the reason for conducting the Assessment. A. to permit a user to satisfy one of the requirements to qualify for the landowner liability protections on CERCLA Act liability B. to prepare the Property for sale C. to evaluate the current environmental condition of the Property for its own purposes. 7. Provide the complete and correct address for the Property, 8. Provide the full legal description for the Property, 9. Provide a map or other documentation showing the Property location and boundaries, 10. Provide historic ownership or chain-of-ownership for the Property. A chain-of-ownership for environmental purposes will be provided by the CLIENT for the Property. Data will be provided for the period from the date of the signed agreement back to 1940 or to a time prior to 1940 when the Property was first developed, whichever is earliest. To the extent the information is available, leases and easements on the Property must be included. As discussed in Item 7, the engagement of a title company or title professional to obtain this information may be negotiated as an addition to the current scope of work to be performed by ENGINEER, at an additional cost (Refer to Section 2.6). 11. If the CLIENT has actual knowledge of any environmental lien or AULs encumbering the Property or in connection with the Property, it is the CLIENT's responsibility to communicate such infoiniation to the ENGINEER. 12. If the CLIENT is aware of any specialized knowledge or experience that is material to recognized environmental conditions in connection with the Property,the CLIENT's responsibility to communicate any information based on such specialized knowledge or experience to the ENGINEER. Attachment D Gilmore.doc Page 7 05/24/13 13. Disclose whether the value of the Property has been reduced below comparable properties due at least in part to environmental conditions associated with the Property(ENGINEER should also be informed of the environmental condition causing the value reduction), 14. Disclose any special terms and conditions which must be agreed upon by ENGINEER, and 15. Any other knowledge or experience with the Property that may be pertinent to ENGINEER including, but not limited to geotechnical reports, environmental reports, records, correspondences,plats of survey, building, grading and development plans, tax number, current legal title holder of the Property and any other data concerning the Property and its environmental condition. Attachment D Gilmore.doc Page 8 05/24/13 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: • WHEREAS, a Professional Services Agreement with Burns and McDonnell Engineering to perform field investigation and preliminary design work for the Gilmore Avenue Separation Project (Phase 1) in the area of 23rd Street, known as OPW 52184, was approved by Council Resolution No. 292 on March 6, 2012; and WHEREAS, additional engineering services are required for final design and bid phase services; and, WHEREAS, Burns and McDonnell Engineering has agreed to perform the additional services needed as detailed in the attached Amendment No. 1 to the Agreement, which by this reference is made a part hereof, for an additional fee not to exceed $1,195,295.00, which will be paid from the Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, Amendment No. 1 to the Engineering Services Agreement with Burns and McDonnell Engineering for final design and bid phase services on the Gilmore Avenue Separation Project (Phase 1) in the area of 23rd Street, known as OPW 52184, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the additional fee not to exceed $1,195,295.00.00 for these engineering services to be paid from Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. 109 ldjr APPROVED AS TO FORM: �� SC7z./3 AS�s h CITY ATTORNEY DATE By Councilmember Adopted AUG O 201 .7-a City Clerk Cr 22/z1 Approved . Mayor NO. /4 / Resolution by Res. that, as recommended by the Mayor, Amendment No. 1 to the Engineering Services Agreement with Burns and McDonnell Engineering for final design and bid phase services on the Gilmore Avenue Separation Project (Phase 1) in the area of 23`d Street, known as OPW 52184, is hereby approved; and that, the Finance Department is authorized to pay the additional fee not to exceed $1,195,295.01 80" for these engineering services to be paid from Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. 1091Adjr • Presented to City Council AUG 2..0.2013 Adopted - c' U?uiier grown, City Clerk