RES 2022-0070 - Amend No. 2 to PSA with Felsburg Holt & Ullevig for OPW 53129 - Thomas Creek Improvements Phase 1 Project City Clerk Office Use Only:
2-02Z—
��� Publication Date (i applic ble):
RESOLUTION NO. I z� �h��
Agenda Date: V
Department: P b1 i C LL,f)rks
Submitter:
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, a Professional Services Agreement with Felsburg Holt & Ullevig, Inc. to provide
professional services for OPW 53129, being the Thomas Creek Improvements, Phase 1 Project,
was approved by Council Resolution No. 2019-0404, on April 23, 2019; and,
WHEREAS, additional design phase services not included in the original agreement are
required for the completion of this project; and,
WHEREAS, Felsburg Holt & Ullevig, Inc. has agreed to perform the additional services
needed as detailed in the attached Amendment No. 2 to the Agreement, which by this reference
is made a part hereof, for an additional fee not to exceed $101,900.00, of which $65,890.00, is
payable from the 2014 Environment Fund 13124, Environmental Bonds Organization 117217, CIP
No. 2009E502; and $36,010.00, from the Sewer Revenue Improvements Bond Fund 21124,
Neighborhood Sewer Renovation Organization 116911, CIP No. 1982E509; 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. 2 to the Professional Services
Agreement with Felsburg Holt & Ullevig, Inc. for additional design phase services on OPW 53129,
being the Thomas Creek Improvements, Phase 1 Project, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the additional fee not to exceed
$101,900.00, of which $65,890.00, is payable from the 2014 Environment Fund 13124,
Environmental Bonds Organization 117217, CIP No. 2009E502; and $36,010.00, from the Sewer
Revenue Improvements Bond Fund 21124, Neighborhood Sewer Renovation Organization
116911, CIP No. 1982E509; Sewer Revenue Bonds will be issued to finance this project.
3078grp APPROVED AS TO FORM
1 ZI3aki
1S" .,pti.47 CITY ATT RNEY DATE
Adopted: JAN 2 b
Attest: HO1I1
DEPUTY City Clerk
Approved: i�/1�_ +/ttAk--
Mayor
AMENDMENT #2 TO THE
PROFESSIONAL SERVICES AGREEMENT
CITY OF OMAHA
OPW 53129
THIS AMENDMENT, made and entered into thisV day of , 2b22_
by and between the firm of Felsburg Holt& Ullevig, Inc., with offices at 315 th St.,
Lincoln,NE 68508, and hereinafter referred to as the "Consultant", and the Ci of
Omaha,Nebraska, acting by and through its Mayor, hereinafter, referred to as the "City".
WHEREAS, the City desires to engage the Consultant to amend the Engineering
Agreement for OPW 53129, Thomas Creek Improvements, Ph 1 which was entered into
on April 23, 2019, hereinafter called existing Agreement.
NOW THEREFORE, it is hereby agreed that the existing Agreement be amended as
follows:
1. The existing agreement shall be amended to include additional engineering
work as outlined in the attached "Exhibit B", Schedule of Services.
2. The fee will consist of a compilation of estimated direct salary costs, direct
non-salary costs, indirect salary costs, indirect non-salary costs and direct
salary payroll additives, as provided in Exhibit"C" attached.
3. This modification will increase the existing agreement by $101,900.00.
This AMENDMENT shall be deemed a part of, and be subject to all terms and conditions
of the existing Agreement. Except as modified above, the existing Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused presents to be executed by
their proper officials thereunto duly authorized as to the dates below indicated.
EXECUTED by the Consultant this l7 r—day of , 2a e i _
ATTEST:
BY
Sr,&A,v5ti. Xivi P4 L.
EXECUTED by the City this 2Ttiay of
AT EST:
BY` 1
DEPUTY City Clerk Mayor of the City of Omaha
APPROVED AS TO FORM:
70.1/1/12 City Attorney
Exhibit A
-Reserved-
.
Exhibit B
EXHIBIT B
AMENDMENT NO. 2
SCOPE OF SERVICES
ADDITIONAL DESIGN SERVICES FOR
OPW 53129 THOMAS CREEK IMPROVEMENTS PROJECT
AND
OPW 53957 SEWER CROSSING STABILIZATION AT THOMAS CREEK
AND IDA STREET
Task 10-Additional Design Services
The purpose of the amendment is to provide additional design services for OPW 53129
Thomas Creek Improvements Project. Task descriptions for these services are provided
below with Schedules applicable to each subtask noted in parenthesis.
10.1 Project Management. Project management services were budgeted through September
2020 based on Amendment 1.This amendment accounts for additional project
management services through May 2022.The extension is a result of delays incurred
by the US Army Corps of Engineers and the Section 404 permit approval process
through October 2021 which required additional coordination and submittals with the
agency,recent coordination with grants and ROW,and subsequent tasks related to
ROW,outreach,and bid preparation as outlined below.
Work completed as part of this task includes preparation of monthly invoicing with
percent completes by task;monthly progress reports;scope,schedule,and budget
tracking;staffing;contract administration;communication with PMT and City;and
Quality Control.
10.2 Progress Meetings. This task includes meeting preparation, meeting attendance, and
development and distribution of meeting summary for two (2) recent meetings to get
back up to speed on the project since approval of the 404 permit and an additional six
(6) project meetings anticipated to get us to completion of bid documents
(approximately 1 per month).
10.3 Additional US Army Corps of Engineers (USACE) Coordination and Section 404 Permit
Services. This task includes additional coordination meetings internally, with the City,
and with NDEE and USACE in response to comments and requests by USACE on the
404 permit.The task also includes updates to the correspondence log,additional exhibits
and calculations requested by USACE, preparation of materials for a mitigation plan,
and preparation of materials for 401 water quality certification submitted to NDEE.This
is for services incurred since August 2020.
10.4 Additional ROW Coordination, Strip Map Revisions, and Tract Map Revisions.
10.4.1 Additional ROW Coordination and Stakeholder Outreach. FHU will continue to
coordinate with the City on Strip Map and Tract Map revisions and has included
1
time herein to collaborate with the City on talking points with landowners,
prepare an exhibit or two related to ROW, and an allowance for up to 10 hours to
join the City in meeting with some of the landowners.
10.4.2 Additional Strip Map Revisions. This task includes updates to the ROW model and
strip map revisions in the plan set based on the buffer requirements from the Corps
and decision to acquire property. There are minor revisions to access easements
as well. FHU will coordinate with RW Engineering to provide new and revised
ROW tract maps (exhibits and descriptions) based on these changes.
10.4.3 Additional Tract Map Exhibits. Under this task, RW has budgeted to prepare 40 +/-
tract map exhibits on 17 properties. RW Engineering will also be preparing
individual exhibits showing each property and existing and proposed
easements/acquisitions on their parcel for use by the City in discussions with
landowners.
10.4.4 Tract Map Exhibit Revisions. We have assumed that additional revisions may be
needed to for tract maps or other ROW exhibits depending on how discussions go
with landowners. As a result, we have a set number of hours broken out for this
possibility which will only be used if needed.
10.5 Additional Grant Administration Assistance. FHU will assist the City in coordinating
with the P-MRNRD,NDEE,and NET on project activity and assistance with quarterly
reports through May 2022.
10.6 Additional Regulatory Support on New Era property. This task includes assistance to the
City on regulatory issues related to New Era and Preble Properties,LLC. Specifically,
as it relates to their PCSMP requirements and floodplain violations.We have assumed
that assistance may include coordination with other City of Omaha departments, an
exhibit or two related to infractions, and a separate on site meeting with the City and
landowner.
10.7 Completion of Bid Documents. This task includes additional hours to revisit plans,
provide final updates to bid documents which, primarily, includes coordination on
the specifications and working days, and minor revisions based on negotiations with
property owners and discussions with the City and New Era on regulatory impacts.
2
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