RES 2022-0321 - PSA with Alfred Benesch & Company for OPW 54185 - Omaha Major Street Resurfacing ProjectG.Standard of Care.The standard of care applicable to Provider's Services will be the degree of
skill and diligence normally employed by professional engineers or consultants performing the
same or similar Services at the time said services are performed.Provider will re-perform any
services as defined in Exhibit “B” not meeting this standard without additional compensation.
H.Subsurface Investigations.In soils,foundation,groundwater,and other subsurface investigations,
the actual characteristics may vary significantly between successive test points and sample
intervals and at locations other than where observations,exploration,and investigations have been
made.Because of the inherent uncertainties in subsurface evaluations,changed or unanticipated
underground conditions may occur that could affect total PROJECT cost and/or execution.These
conditions and cost/execution effects are not the responsibility of Provider.
I.Provider's Personnel at Construction Site (where applicable)
i.The presence or duties of Provider's personnel at a construction site,whether as onsite
representatives or otherwise,do not make Provider or Provider's personnel in any way
responsible for those duties that belong to City and/or the construction contractors or
other entities,and do not relieve the construction contractors or any other entity of their
obligations,duties,and responsibilities,including,but not limited to,all construction
methods,means,techniques,sequences,and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the construction
Contract Documents and any health or safety precautions required by such construction
work.
ii.Provider and Provider's personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their work
or any health or safety precautions and have no duty for inspecting the health or safety
deficiencies of the construction contractor(s)or other entity or any other persons at the
site except Provider's own personnel.
iii.The presence of Provider's personnel at a construction site is for the purpose of providing
to City a greater degree of confidence that the completed construction work will conform
generally to the construction documents and that the integrity of the design concept as
reflected in the construction documents has been implemented and preserved by the
construction contractor(s).Provider neither guarantees the performance of the
construction contractor(s)nor assumes responsibility for construction contractor's failure
to perform work in accordance with the construction documents.
For this AGREEMENT only,construction sites include places of manufacture for materials
incorporated into the construction work,and construction contractors include manufacturers of
materials incorporated into the construction work.
J.Construction Progress Payments.Where construction phase services are provided;
recommendations by Provider to City for periodic construction progress payments to the
construction contractor(s)will be based on Provider's knowledge,information,and belief from
selective sampling that the work has progressed to the point indicated.Such recommendations
do not represent that continuous or detailed examinations have been made by Provider to
ascertain that the construction contractor(s)have completed the work in exact accordance with
the construction documents;that the final work will be acceptable in all respects;that Provider
has made an examination to ascertain how or for what purpose the construction contractor(s)
have used the moneys paid;that title to any of the work,materials,or equipment has passed to
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City free and clear of liens,claims,security interests,or encumbrances;or that there are no other
matters at issue between City and the construction contractors that affect the amount that should
be paid.
K.Record Drawings.Record drawings,if required,will be prepared,in part,on the basis of
information compiled and furnished by others,and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally constructed.
Provider is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
III.DUTIES OF CITY
A.City designates Todd Spark,whose business address and phone number are 5225 Dayton
Street,Omaha,Nebraska 68117,402-444-5145 as its contact person for this project,who
shall provide a notice to proceed and such other written authorizations as are necessary to
commence or proceed with the project and various aspects of it.
B.City Furnished Data.Upon request,City will provide to Provider all available/known data in
City's possession relating to Provider's services on the PROJECT.Provider will reasonably
rely upon the accuracy, timeliness, and completeness of the information provided by City.
C.Access to Facilities and Property.City will make its facilities accessible to Provider as
required for Provider's performance of its services.
D.Advertisements,Permits,and Access.Unless otherwise agreed to in the Scope of Services,
City will obtain,arrange,and pay for all advertisements for bids;permits and licenses
required by local,state,or federal authorities;and land,easements,rights-of-way,and access
necessary for Provider's services or PROJECT construction.
E.Prompt Notice.City will give prompt written notice to Provider whenever City observes or
becomes aware of any development that affects the scope or timing of Provider's Services,or
of any defect in the work of Provider or construction contractors.
F.Asbestos or Hazardous Substances.
1)If asbestos or hazardous substances in any form are encountered or suspected,Provider
will stop its own work in the affected portions of the PROJECT to permit testing and
evaluation.
2)If asbestos is suspected,Provider will,if requested and if Provider has the knowledge,
skills and ability,manage the asbestos remediation activities using a qualified
subcontractor at an additional fee and contract terms to be negotiated.
3)City recognizes that Provider assumes no risk and/or liability for a waste or hazardous
waste site originated by other than Provider.
G.Litigation Assistance.The Scope of Services does not include costs of Provider for required
or requested assistance to support,prepare,document,bring,defend,or assist in litigation
undertaken or defended by City.All such Services required or requested of Provider by City,
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except for suits or claims between the parties to this AGREEMENT,will be reimbursed as
mutually agreed.
IV.COMPENSATION AND PAYMENT
A.The cost of services as specified in the Scope of Service,shall be performed on an hourly
basis,but in no event shall it exceed $263,931.57.Detailed breakdown of costs shall be
shown in Exhibit “C”.
B.Reimbursable expenses shall be billed to the City by the Provider.Invoices billed to the City for
services by the Provider shall be limited to services performed within a single calendar year.For
agreements which span multiple calendar years,invoicing shall be separated between calendar
years.Year-end invoices (for services through December 31 of a given calendar year)shall be
submitted to the City no later than January 31 of the following calendar year.After review and
approval,City shall provide payment for reimbursable expenses on a monthly basis unless the
parties agree to some other schedule.Provider shall pay any suppliers or sub-contractors within
30 days of receipt of reimbursement from the City.
C.Errors and Omissions.Additional work that is required to be performed by Provider that is a
result of errors or omissions by Provider shall not be compensated by City.
D.INCREASE OF FEES
The parties hereto acknowledge that,as of the date of the execution of the Agreement,
Section 10-142 of the Omaha Municipal Code provides as follows:Any amendment to
contracts or purchases which taken alone increase the original fee as awarded (a)by ten
percent,if the original fee is one hundred fifty thousand dollars ($150,000)or more,or (b)by
seventy-five thousand dollars ($75,000)or more,shall be approved by the City Council in
advance of the acceptance of any purchase in excess of such limits.However,neither contract
nor purchase amendments will be split to avoid advance approval of the City Council.
The originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City Council.
The provisions of this section will be quoted in all future City contracts.Nothing in this
section is intended to alter the authority of the Mayor under section 5.16 of the Charter to
approve immediate purchases.
V.OWNERSHIP OF INSTRUMENTS OF SERVICE
The City acknowledges the Provider ’s documents,including electronic files,as instruments of
professional service.Nevertheless,upon completion of the services and payment in full of all
monies due to the Provider,the final documents prepared under this Agreement shall become the
property of the City.The City shall not reuse on another Project or make any modifications to the
documents without prior written authorization of the Provider.The City agrees,to the fullest extent
permitted by law,to indemnify and hold harmless the Provider,its officers,directors,employees
and subconsultants (collectively,Provider)against any damages,liabilities or costs,including
reasonable attorneys’fees and defense costs,arising from or in any way connected with the
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unauthorized reuse or modification of the documents by the City,regardless of whether such reuse
or modification is for use on this Project or another Project
VI.ADDITIONAL SERVICES
In the event additional services for the aforementioned Project not covered under this Agreement
are required, the Provider agrees to provide such services at a mutually agreed upon cost.
VII.INSURANCE REQUIREMENTS
The Provider shall carry professional liability insurance in the minimum amount of one half million
dollars and shall carry workers’compensation insurance in accordance with the statutory
requirements of the State of Nebraska.
VIII.INDEMNIFICATION
The Provider agrees,to the fullest extent permitted by law,to indemnify,defend and hold harmless
the City,its officers,directors and employees (collectively,City)against all damages,liabilities or
costs,including reasonable attorney’s fees and defense costs,to the extent caused by the Provider ’s
negligent performance of professional services under this Agreement and that of its subconsultants
or anyone for whom the Provider is legally liable;provided,that with respect solely to the said duty
to defend,such duty of the Provider to defend shall arise only if,and to the extent,such duty is
covered by Provider’s liability insurance.The City agrees,to the fullest extent permitted by law,to
indemnify and hold harmless the Provider,its officers,directors,employees and subconsultants
(collectively,Provider)against all damages,liabilities or costs,including reasonable attorney’s fees
and defense costs in connection with the Project,to the extent caused by the City’s negligent acts or
the negligent acts of anyone for whom the City is legally liable.Neither the City nor the Provider
shall be obligated to indemnify the other party in any matter whatsoever for the other party’s own
negligence.The Provider shall not be liable for any loss of profit,loss of business or any incidental,
special, indirect or consequential losses.
IX.TERMINATION OF AGREEMENT
Either party may terminate this Agreement without cause upon fifteen (15)days’notice in writing.
If either party breaches this Agreement,the non-defaulting party may terminate this Agreement
after giving seven (7)days’notice to remedy the breach.On termination of this Agreement,the City
shall forthwith pay Provider for the services performed to the date of termination and all finished or
unfinished documents,data surveys,studies,drawings,maps,models,reports or photographs shall
become, at the City’s option, its property.
X.GENERAL CONDITIONS
A.Non-discrimination.Provider shall not,in the performance of this Agreement,discriminate
or permit discrimination in violation of federal or state laws or local ordinances because of
race,color,creed,religion,sex,marital status,sexual orientation,gender identity,age,or
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disability as recognized under 42 USCS 12101 et seq.and Omaha Municipal Code section
13-89,race,color,creed,religion,sex,marital status,sexual orientation,gender identity,
national origin, age, or disability.
B.Captions.Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
C.Applicable Laws.Parties to this Agreement shall conform with all existing and applicable
City ordinances,resolutions,state laws,federal laws,and existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
D.Interest of the City.Pursuant to Section 8.05 of the Home Rule Charter,no elected official or
any officer or employee of the City shall have a financial interest,direct or indirect,in any
City Agreement.Any violation of this section with the knowledge of the person or
corporation contracting with the City shall render the Agreement voidable by the Mayor or
Council.
E.Interest of the Provider.The Provider covenants that he presently has no interest and shall not
acquire any interest,direct or indirect,which would conflict with the performance of services
required to be performed under this Agreement;he further covenants that in the performance
of this Agreement, no person having any such interest shall be employed.
F.Authorization to Proceed.Execution of this AGREEMENT by City will be authorization for
Provider to proceed with the work, unless otherwise provided for in this AGREEMENT.
G.Force Majeure.Provider is not responsible for damages or delay in performance caused by
acts of God,strikes,lockouts,accidents,or other events beyond the control of Provider.In
any such event, Provider ’s contract price and schedule shall be equitably adjusted.
H.Intellectual Property.City acknowledges and agrees that in the performance of the
development service,Provider may utilize its proprietary data,concepts,methods,techniques,
processes,protocols,ideas,inventions,know-how,trade secrets,algorithm,software,works
of authorship,software and hardware architecture,databases,tools,other background
technologies and standards of judgment that Provider developed or licensed from third parties
prior to the Effective Date (the “Pre-Existing Technology”).
Subject to the terms and conditions of this AGREEMENT,Provider hereby grants to City a
non-exclusive,non-transferable,royalty-free license under Provider ’s Intellectual Property
Rights to utilize the Pre-Existing Technology for the purpose of the City Project.
City shall not,and shall not allow any third party to:(i)modify or otherwise create derivative
works of the Pre-Existing Technology;(ii)use the Pre-Existing Technology for any other
purpose,other than the City Project;(iii)make,have made,use,reproduce,license,display,
perform,distribute,sell,offer for sale,service,support,or import any product that
incorporates,embodies and/or is based upon the Pre-Existing Technology;(iv)sublicense,
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distribute or otherwise transfer to a third party any of the Pre-Existing Technology by itself or
as incorporated into software or hardware;or (v)reverse engineer,disassemble,decompile or
attempt to derive the source code or underlying ideas or algorithms of the Pre-Existing
Technology. Any additional use of the Pre-Existing Technology shall require a separate
written license agreement.
I.Suspension,Delay,or Interruption of Work.City may suspend,delay,or interrupt the
Services of Provider for the convenience of City.In such event,Provider's contract price and
schedule shall be equitably adjusted.
J.No Third Party Beneficiaries.This Agreement gives no rights or benefits to anyone other
than City and Provider and has no third- party beneficiaries.
K.Merger.This Agreement shall not be merged into any other oral or written agreement,lease,
or deed of any type. This is the complete and full Agreement of the parties.
L.Modification.This Agreement contains the entire Agreement of the parties.No
representations were made or relied upon by either party other than those that are expressly
set forth herein.No agent,employee,or other representative of either party is empowered to
alter any of the terms hereof unless done in writing and signed by an authorized officer of the
respective parties.
M.Assignment.The Provider may not assign its rights under this Agreement without the
express prior written consent of the City.
N.Strict Compliance.All provisions of this Agreement and each and every document that shall
be attached shall be strictly complied with as written,and no substitution or change shall be
made except upon written direction from authorized representative.
O.LB 403 Contract Provisions.-NEW EMPLOYEE WORK ELIGIBILITY STATUS -The
Contractor is required and hereby agrees to use a federal immigration verification system to
determine the work eligibility status of new employees physically performing service within
the State of Nebraska.A federal immigration verification system means the electronic
verification of the work authorization program authorized by the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996,8 U.S.C.1324a,known as the E-Verify Program,
or an equivalent federal program designated by the United States Department of Homeland
Security or other federal agency authorized to verify the work eligibility status of a newly
hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:1.The
Contractor must complete the United States Citizenship Attestation Form,available on the
Department of Administrative Services website at www.das.state.ne.us 2.If the Contractor
indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to
provide the US Citizenship and Immigration Services documentation required to verify the
Contractor ’s lawful presence in the United States using the Systematic Alien Verification for
Entitlements (SAVE)Program.3.The Contractor understands and agrees that lawful presence
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in the United States is required and the Contractor may be disqualified or the contract
terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.
P.Certificate of Authorization.If this Agreement contemplates the performance of professional
architecture or engineering work by the Provider,the Provider shall provide to the City,and
maintain in good standing,a current Certificate of Authorization from the State of Nebraska
as required by Neb. Rev. Stat. section 81-3436.
Q.Debarment or suspension by any federal agency.(This section applies if any part of this
Agreement is funded by a federal agency.)Office of Management and Budget (OMB)guidelines
require that any individual or entity that has been placed on the Excluded Parties List System
(“EPLS”-available for review through www.sam.gov)may not be a participant in a federal
agency transaction that is a covered transaction or act as a principal of a person participating in
one of those covered transactions.These guidelines apply to covered transactions under a grant
from any federal agency for which a recipient expects to receive reimbursement for expenditures
incurred or an advance on future expenditures.
The Contractor providing goods and/or services to the City of Omaha certifies,by acceptance
and execution of this Agreement,that neither it nor its principals are presently debarred,
suspended,proposed for debarment,declared ineligible,or voluntarily excluded from
participation in this transaction by any federal department or agency.The Contractor further
agrees,by accepting and executing this Agreement,that it will include this clause without
modification in all lower tier transactions,solicitations,proposals,contracts,and
subcontracts.Where the Contractor or any lower tier participant is unable to certify this
statement, it shall attach an explanation to this Agreement.
R.Contract Compliance Ordinance No. 35344, Section 10-192 Equal Employment Opportunity
Clause.
During the performance of this contract, the Contractor agrees as follows:
1)The Contractor shall not discriminate against any employee or applicant for employment
because of race,color,creed,religion,sex,marital status,sexual orientation,gender
identity,national origin,age,or disability.The Contractor shall ensure that applicants are
employed and that employees are treated during employment without regard to their race,
color,creed,religion,sex,marital status,sexual orientation,gender identity,national
origin,age,or disability.As used herein,the word “treated”shall mean and include,
without limitation,the following:recruited,whether by advertising or by other means;
compensated;selected for training,including apprenticeship;promoted;upgraded;
demoted;downgraded;transferred;laid off;and terminated.The Contractor agrees to and
shall post in conspicuous places,available to employees and applicants for employment,
notices to be provided by the contracting officers setting forth the provisions of this
nondiscrimination clause.
2)The Contractor shall,in all solicitations or advertisements for employees placed by or on
behalf of the Contractor,state that all qualified applicants will receive consideration for
employment without regard to race,color,creed,religion,sex,marital status,sexual
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orientation, gender identity, national origin, age, or disability.
3)The Contractor shall send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding a notice advising
the labor union or worker ’s representative of the Contractor ’s commitments under the
Equal Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees and applications for employment.
4)The Contractor shall furnish to the Human Rights and Relations Director all Federal
forms containing the information and reports required by the Federal government for
Federal contracts under Federal rules and regulations,and including the information
required by Sections 10-192 to 10-194,inclusive,and shall permit reasonable access to
his records.Records accessible to the Human Rights and Relations Director shall be those
which are related to Paragraphs (1) through
(7)of this subsection and only after reasonable notice is given the Contractor.The
purpose for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
5)The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing provisions of Paragraphs (1)through (7)herein,including
penalties and sanctions for noncompliance;however,in the event the Contractor becomes
involved in or is threatened with litigation as the result of such directions by the City,the
City will enter into such litigation as necessary to protect the interests of the City and to
effectuate the provisions of this division;and in the case of contracts receiving Federal
assistance,the Contractor or the City may request the United States to enter into such
litigation to protect the interests of the United States.
6)The Contractor shall file and shall cause his subcontractors,if any,to file compliance
reports with the Contractor in the same form and to the same extent as required by the
Federal government for Federal contracts under Federal rules and regulations.Such
compliance reports shall be filed with the Human Rights and Relations Director.
Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the Contractor and his
subcontractors.
7)The Contractor shall include the provisions of Paragraphs (1)through (7)of this Section,
“Equal Employment Opportunity Clause”,and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
S.Conflict. In the event of any conflict between this Agreement and any of the exhibits attached
hereto, the terms of this Agreement shall take precedence.
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EXHIBIT “A”
RESERVED
EXHIBIT “B”
SCOPE OF SERVICES
EXHIBIT "B"
SCOPE OF SERVICES
2022 Omaha Major Street Resurfacing – PE/NEPA
Project No. MAPA‐28(140) Sheet 1 of 11
Control No. 22849
PROJECT: 2022 Omaha Major Street Resurfacing – PE/NEPA
PROJECT NO.: MAPA‐28(140)
CONTROL NO.: 22849
LOCATION: Various locations throughout Omaha
STATE PC: TBD
LPA POINT OF CONTACT: Todd Spark
CONSULTANT: Alfred Benesch & Company
CONSULTANT POINT OF CONTACT: Mike Higgins, PE
OVERVIEW
Alfred Benesch & Company (Consultant) proposes to provide the professional services to develop the
design package for the City of Omaha 2022 Major Street Resurfacing Project. The work required for
this project includes data collection, NDOT level 1 Categorical Exclusion environmental
documentation, development of the contract documents, and final design plans for an asphalt
resurfacing project. The Consultant agrees to provide the services detailed below from the execution
date of the contract through the identified completion date or beyond, if mutually agreeable by both
parties. Compensation for the services shall be on a time and materials basis with any direct
expenses reimbursed at actual cost.
Design and plan preparation will follow Nebraska Department of Transportation and City of Omaha
guidelines for asphalt resurfacing projects.
CITY OF OMAHA TO PROVIDE OR COMPLETE
Consultant anticipates the City of Omaha will provide or arrange for the following items for use in the
development of the project deliverables:
•Programming Documents including final list of street segments
•Phasing & Workzone Traffic Control for each street segment
•Permanent pavement marking plans and permanent pavement marking quantities
UNDERSTANDING AND ASSUMPTIONS
Design efforts will address all aspects of street resurfacing improvements consistent with NDOT's
standard practice for maintenance and rehabilitation contract documents and plans. Additionally,
design efforts will include a Level I environmental assessment for each street segment. It is
anticipated all improvements will be confined to the existing roadway between existing curbs or edge
of pavement. It is anticipated any seasonal dependent environmental surveys can be performed as a
desktop review using readily available aerial photography, environmental databases and other
electronic resources.
EXHIBIT "B"
SCOPE OF SERVICES
2022 Omaha Major Street Resurfacing – PE/NEPA
Project No. MAPA‐28(140) Sheet 2 of 11
Control No. 22849
Roadway segments in this project are anticipated to be:
Street Segment From To
20 ST DODGE ST MIKE FAHEY ST
36 ST CRAIG AV MORMON CIR
56 ST KANSAS AV NORTHAMPTON BLVD
KANSAS AV 52 ST 56 ST
CASS ST FLORENCE BLVD 24 ST
PAUL ST 20 ST A/C ML
CASS ST 84 ST W DODGE RD
42 ST M ST J ST
42 ST GROVER ST CENTER ST
42 ST Z ST R ST
50 ST L ST G ST
60 ST SB GROVER ST CENTER ST
F ST 43 ST 53 ST
FARNAM ST 24 ST TURNER BLVD
HOWARD ST 13 ST 16 ST
WOOLWORTH AV 24 ST 36 ST
180 ST WELCH PLZ F ST
84 ST GROVER ST W CENTER RD
This scope of services includes preparation of the project description, location information, Program
documents (DR‐73, DR‐53), purpose and need statement (if applicable – Level 3 Categorical Exclusion
(CE) only), Threatened and Endangered species (T&E) Activity Checklist, general project location map,
PQS (Professionally Qualified Staff) Memos (Wetlands, HMR, EJ/LEP, T&E Species, Section 106).
When appropriate, detour route information will be provided (including a list of property owners
along the project and detour route).
PROJECT MANAGEMENT
This task includes activities to initiate and monitor project schedules, workload assignments and
internal cost controls throughout the project. Also included are efforts to prepare and process
invoices, prepare project correspondence with the LPA or State on LPA’s behalf; and maintain project
records.
ANTICIPATED PROJECT SCHEDULE
Once Consultant receives the Notice to Proceed, the anticipated schedule for developing and
submitting the design plans, other contract documents, and environmental document review
package is 180 calendar days from the Notice to Proceed subject to receiving comments and
participating in meetings schedule by others . This timeframe does not include completing any
signature processes required by other entities. Revisions or additions based upon review comments
will be addressed within three (3) weeks of receipt of all comments.
EXHIBIT "B"
SCOPE OF SERVICES
2022 Omaha Major Street Resurfacing – PE/NEPA
Project No. MAPA‐28(140) Sheet 3 of 11
Control No. 22849
GENERAL INFORMATION
Consultant will prepare and submit the following items to the City of Omaha:
Meeting minutes from all meetings
Miscellaneous correspondence and information related to the project
Summary of quantities and preliminary estimates for the proposed resurfacing
package.
GENERAL MEETINGS
Consultant will coordinate, prepare for, facilitate and attend one (1) review meeting associated with
the project design. The meeting is anticipated to occur at approximately 75% completion of the
design effort and will include discussion of overall project progress and any review comments.
Consultant will participate in two (2) informational meetings associated with the NEPA
documentation as scheduled by NDOT. Participants will include the Project Manager, Environmental
Task Lead, and an Environmental Scientist.
Any additional meetings not identified in this task shall be performed by supplemental agreement.
PERMIT APPLICATIONS/ AGREEMENTS
Permits, agreements, certifications, and other related forms identified in the LPA Manual beyond any
identified in the detailed scope of services below are not anticipated for this project. Any such
requirements will be addressed as needed under supplemental agreement.
ENVIRONMENTAL SERVICES
A. PROJECT DESCRIPTION
This scope provides for environmental services related to compliance with the National
Environmental Policy Act (NEPA) for the Project named above. Consultant shall serve as an
agent for the City of Omaha, hereafter referred to as the LPA (Local Public Agency),
representing them in matters related to the environmental services identified below for this
Project.
Scope Items Pertaining the Project (checked boxes indicate the sections of this scope that
apply to the project):
EXHIBIT "B"
SCOPE OF SERVICES
2022 Omaha Major Street Resurfacing – PE/NEPA
Project No. MAPA‐28(140) Sheet 4 of 11
Control No. 22849
SOS
Sec Scope Items Tasks
1 Categorical Exclusion (CE) ☒
2 Farmland ☐
3 Section 106 request letter ☒
4 Threatened & Endangered Species Review ☐
5 Hazardous Materials Review (HMR) ☒
6 Section 4(f) ☒
7 Section 6(f) ☐
8 Floodplain Review ☒
9 Water Quality Review ☒
10 Noise Analysis and Report ☐
11 Wetland & Stream Delineation ☒
Delineation Project Size
☒Small
☐Med
☐Large
12 404 Nationwide Permit Application ☐
13 404 Individual Permit Application ☐
14 Mitigation Plan ☐
15 Public Involvement Materials ☒
16 Green Sheets ☐
17 Project Management ☒
18 Site Visits ☒
19 Urban Wetland Memo ☒
20 Additional resources for CE (cumulative,
access and detours, schools) ☒
21 Design Services ☒
B. LPA OR STATE, ON LPA'S BEHALF, TO PROVIDE (to the extent that the items listed are available
or needed for the scope checklist above):
1.County‐wide plat (ownership) or TAM (occupancy) maps for Consultant’s use if
landowner notification is needed. A notification letter, on LPA’s letterhead for the
consultant's use in landowner contact and site access will also be provided.
2.Wetland Delineation Data Sheets and Photographs (if already available and not part of
this scope of work).
3.Environmental Justice/Limited English Proficiency Memo (provided by State if available).
4.Section 106 documentation and Professionally Qualified Staff (PQS) Memo (provided by
State if available).
5.HMR PQS Memo (provided by the State if available).
6.Threatened and Endangered Species PQS Memo (provided by State if available).
EXHIBIT "B"
SCOPE OF SERVICES
2022 Omaha Major Street Resurfacing – PE/NEPA
Project No. MAPA‐28(140) Sheet 5 of 11
Control No. 22849
7.Wetlands PQS Memo.
C. APPLICABLE PUBLICATIONS:
Work shall be done in accordance with the most current version of NDOT’s Environmental Policies and
Procedures, which are located at the following website:
https://dot.nebraska.gov/projects/environment/pubs/docs/
D. CONSULTANT SHALL PROVIDE TO LPA OR STATE, ON LPA’S BEHALF:
1.CE Document and Resource Reviews.
a.Project Description and Purpose & Need (when applicable). Consultant will
determine if the provided project description meets the NDOT guidance for project
descriptions and revise as necessary for use in the CE document, consultation letters,
and public involvement materials. If a Purpose & Need statement is required
(applicable for Level 3 CEs) the consultant will determine if the original Purpose &
Need meets the NDOT guidance requirements and if necessary, draft a revised
Purpose & Need statement for inclusion in the CE document.
b.CE Determination Form for Federal‐Aid Projects. When the Consultant determines
whether the Project will qualify as a Level 1, 2 or 3 CE under the existing CE
Programmatic Agreement, they will notify the Project’s assigned State NEPA
Environmental Project Manager (PM) and complete the appropriate Level (1,2,3) of
the CE Form. Consultant will notify the State NEPA Environmental PM if a threshold
has been crossed which elevates the level of CE documentation. Consultant will
obtain or produce supplemental information, figures and resource maps to attach to
the NEPA Form or to be placed into the Project file as back‐up reference material for
the document. Figures and resource maps are required to be attached to the NEPA
Form (as per the CE guidance manual). If not required as an attachment, Consultant
shall produce them for the NEPA project file. Consultant’s effort shall also include up
to three progress meetings as needed, with LPA and/or State by telephone.
c.Vicinity Map and Location Aerial Figure of the Environmental Study Area. Consultant
will prepare a Project Vicinity map on a 7.5 Minute Quadrangle Topographic Map
base (1:24,000 scale), showing the Project location with insert showing the county
and its position in Nebraska. The Project Location Aerial Figure shall be shown on an
aerial photograph as the background, with the overall Environmental Study Area
mapped (minimum ¼ mile from centerline, right and left), the Project start and end
points plotted, and pertinent constraints such as Limits of Construction depicted, if
known.
d.Documentation and Revisions. Consultant will submit the completed CE
Determination Form for Federal‐Aid Projects (including attachments) to the LPA,
State (and FHWA if Level 3) for review and approval. Consultant will assume 2
rounds of comments from NDOT (and 2 additional rounds of comments from FHWA
if Level 3).
e.CE Quality Control. The consultant shall submit to LPA and State evidence that the
CE document has had a quality control review by the Consultant’s Principal NEPA
EXHIBIT "B"
SCOPE OF SERVICES
2022 Omaha Major Street Resurfacing – PE/NEPA
Project No. MAPA‐28(140) Sheet 6 of 11
Control No. 22849
Author or Project Manager (as identified in the firm’s current, approved NEPA
Certification submittal ‐ Category 101A), other than the document author. The
submittal shall accompany both draft and final NEPA documents and may be in the
form of a transmittal letter with the name, date and signature of the QC reviewer, on
the Consultant’s internal review process form, on NDOT’s QC review form, or when
the electronic CE Form allows, provide evidence of QC review in the appropriate
position on the CE form.
f.CE Comment Tracking Table: The consultant shall maintain a summary table of all
review comments and resolution of comments made by LPA, State and FHWA during
document review and revision processing. Comments shall be organized by the CE
Form’s subject title and question number. The comment tracking table shall be
submitted to LPA, State or FHWA, as appropriate, along with the revised draft and
final documents.
2.Farmland. NOT NEEDED FOR THIS CONTRACT
3.Section 106 State Historic Preservation Office/Tribal Historic Preservation Office
(SHPO/THPO).
Section 106 Review Request Letter. Consultant will complete the Section 106 Review
Request Letter and submit it as a PDF to the State’s Section 106 Professionally Qualified
Staff (PQS), copy the LPA Project Coordinator and NEPA Environmental PM. The Section
106 Review Request Letter shall include a Vicinity Map and a Location Figure, showing
the project’s start and end points.
4.Section 4(f) Exception or De Minimis Determination.
a.Section 4(f) Initial Assessment Form. Consultant will determine if adjacent Section
4(f) properties such as public parks, recreation areas, and wildlife/waterfowl
refuges, or historic sites of local, state or national significance are present, as part
of the resource review. Consultant will prepare the Section 4(f) Initial Assessment
Form and submit to State NEPA Environmental PM for review and approval. The
approved Section 4(f) Initial Assessment Form will be sent to the Consultant for
inclusion in the CE appendices.
b.Section 4(f) Documentation. If a Section 4(f) property is identified within the
Project area, the project or undertaking must determine whether or not there
would be a ‘use’ of land from that property within the meaning of Section 4(f). If it
is determined that there is a ‘use’ of the land then coordination with State must
occur and one or more of the following documents will need to be prepared by the
Consultant:
Section 4(f) Exceptions Form
Section 4(f) De Minimis Form
Coordination (by letter) with the “Official with Jurisdiction” (OWJ) for the
Section 4(f) resource, to obtain concurrence that the impact will/will not
adversely affect the resource.
EXHIBIT "B"
SCOPE OF SERVICES
2022 Omaha Major Street Resurfacing – PE/NEPA
Project No. MAPA‐28(140) Sheet 7 of 11
Control No. 22849
If any Section 4(f) property has a ‘use’ determined, analysis and document
preparation for the additional properties would be considered out of scope and the
additional effort would be negotiated as a Supplement to this Agreement.
c.Individual Section 4(f) Evaluation. If needed, an Individual Section 4(f) Evaluation
and documentation would be also considered out‐of‐scope and the additional
effort would be negotiated as a Supplement to this Agreement.
5.Section 6(f) Analysis Documentation. NOT NEEDED FOR THIS CONTRACT
6.Floodplain Review.
Consultant will research and document whether the project is located within a Zone A
floodplain. If a floodplain encroachment will occur due to the project, the analysis and
floodplain permitting would be considered out‐of‐scope and additional hours will be
negotiated as a Supplement to this Agreement.
7.Water Quality Review.
Consultant will research and document whether impaired waters (303d list) are located
within the Environmental Study Area. If impacts to the impairment of the water
resource will be affected by the project, Consultant will coordinate with NDEQ.
Consultant will coordinate with the Design Consultant and the City to document efforts
to protect or improve water quality through the use of Best Management Practices.
8.Threatened and Endangered Species (T&E) Review.
a.Biological Evaluation (BE) Review Request Letter. Consultant will complete the BE
Review Request Letter and submit it as a PDF to the State’s LPA T&E PQS and NEPA
Environmental PM. Consultant will revise it in response to State comments as
needed. This letter will include the wetland delineation (if completed) as an
attachment. The NDOT T&E PQS Memo will be cited and summarized in the CE
document, and included in the CE appendices.
b.Field Review. A field review may be needed and would be conducted by the
Consultant’s qualified biologist in conjunction with the wetland delineation site
visit. If a wetland delineation is not required for the Project and a site visit for T&E
Species is needed, a qualified biologist would perform a site visit and conduct the
field review.
9.Hazardous Materials Review (HMR).
This project is not anticipated to require a full HMR, due to the depth of the milling, the
limited depth of ground disturbance, and the limited lateral extent of the road
resurfacing (i.e. within the existing curbs or paved shoulders). Therefore, the Consultant
will prepare a letter documenting the proposed project description and coordinate with
the NDOT Hazardous Materials PQS to document these conditions, and obtain a memo
from the PQS stating that no HMR is required.
EXHIBIT "B"
SCOPE OF SERVICES
2022 Omaha Major Street Resurfacing – PE/NEPA
Project No. MAPA‐28(140) Sheet 8 of 11
Control No. 22849
If the proposed project description changes, or NDOT requires it, further investigation
may be required, as described below, and would be negotiated as a Supplement to this
Agreement.
10.Noise Study and Report. NOT NEEDED FOR THIS CONTRACT
11.Wetland and Stream Delineation Services. NOT NEEDED FOR THIS CONTRACT
12.Section 404 Nationwide Permitting Services. NOT NEEDED FOR THIS CONTRACT
13.Section 404 Individual Permit Application. NOT NEEDED FOR THIS CONTRACT
14.Mitigation Plan. NOT NEEDED FOR THIS CONTRACT
15.Public Involvement Materials.
The Consultant will coordinate with the City to obtain copies of all Public Involvement
materials and documentation prepared for the proposed project. This would include the
Public Involvement Plan, public notices, meeting minutes, handouts, public comments,
response, a summary of all public involvement conducted, distribution lists, legal
notices, stakeholder meetings, among other items. Consultant will prepare appropriate
summaries of these documents for inclusion in the CE, as well as provide input during
the Public Involvement process. This input includes attending public meetings, reviewing
the comments and responses, reviewing materials to be presented to the public, and
providing technical information for any responses that address environmental issues.
Additional hours will be negotiated with the Consultant, by supplement to this
Agreement, for preparation of additional public involvement materials required to
support increased levels of Public Involvement.
16.Green Sheet. PROVIDED BY OTHERS
NDOT shall prepare the Green Sheet for the Project, which details all applicable
environmental project commitments and conditions.
17.Project Management and Meetings.
Consultant provide project management of the preliminary engineering and NEPA
efforts performed by the project team. This work includes project team oversight,
coordination of project activities, maintenance of project records, progress reporting,
invoicing, internal cost controls and other tasks typically associated with project
management for an advanced construction resurfacing project.
Consultant will attend a Project Coordination Meeting (PCM) to be held with NDOT staff
at approximately 30% completion of design to verify the location of various
environmental resources, confirm the detour routes, and discuss other relevant items
for the CE.
EXHIBIT "B"
SCOPE OF SERVICES
2022 Omaha Major Street Resurfacing – PE/NEPA
Project No. MAPA‐28(140) Sheet 9 of 11
Control No. 22849
Consultant will coordinate, facilitate and attend one (1) review meeting associated with
the project. The meeting is anticipated to occur at approximately 75% completion of the
design effort and will include discussion of overall project progress and any review
comments. Any additional meetings not identified in this task shall be performed by
supplemental agreement.
18.Site Visits.
Consultant will (as needed) conduct up to 2 site visits for such things as, but not limited
to the HMR, wetlands and stream review, and/or threatened and endangered species
review. The visits should be combined when possible, for efficiency.
19.Urban Wetland Memo.
Consultant will review all the project locations and take photos, and prepare a single
memorandum documenting any wetlands outside the roadway corridors, and submit to
NDOT. There are not anticipated to be any impacts outside the curb line of any of these
projects.
20.Additional Resources Requiring Detailed Analysis for CE.
Several additional site‐specific resources will require more detailed analysis during the
preparation of the CE. These include: Closures and detours, school
boundaries/busing/coordination, cumulative impacts, and utilities coordination.
Closures and detours. Consultant will review the City of Bellevue’s planning documents
and coordinate with Public Works on other projects in the vicinity of the proposed
projects. Other project timelines will be analyzed for potential overlap and impacts to or
from the proposed project. Overlapping detours will be reviewed for possible
reconfiguration, and displays will be prepared for use in public meetings, mailings, and
websites to illustrate these conflicts.
School boundaries/busing/coordination. Consultant will coordinate with Public Schools
along any of the proposed locations regarding the potential impacts of these projects on
bus routes and the movement of students to and from local schools in the project areas.
Additional coordination, displays, or documentation may be required beyond the CE.
Cumulative impacts. Consultant will review the interaction between these projects,
coordinate with Public Works on other projects in the vicinity of the proposed projects,
and determine the potential for cumulative impacts, including access, detours, or
construction impacts, on or from the proposed projects. Cumulative impacts will be
documented in the CE.
21.Design Services.
Consultant will prepare all elements typically required by NDOT for a federal aid bid
package for the proposed improvements. The general aspects and information
EXHIBIT "B"
SCOPE OF SERVICES
2022 Omaha Major Street Resurfacing – PE/NEPA
Project No. MAPA‐28(140) Sheet 10 of 11
Control No. 22849
contained in the design efforts are outlined herein. Any additional design services not
identified in this task shall be performed by supplemental agreement.
a.Pavement Coring. Up to 36 full depth pavement cores will be obtained from the
proposed roadway segments to determine the pavement cross section and assist in
the preparation of a pavement design.
b.Title/Typical Section Sheets. A Typical cross‐section will be developed for each
street segment to accurately represent the lane width, depth of proposed
surfacing, overall depth of pavement, curbs, and shoulder widths.
c.General Notes. General notes show or note design details unique to the project.
d.Traffic Control Plan. The Consultant will insert the standard NDOT traffic control
plan for lane closures.
e.Plan Sheets. Plans will show the following information
Roadway Stationing
label all streets and highways on the plans
Existing curb lines, driveways, medians and intersections
Existing known above ground utilities within the roadway
North Arrow/ Scale
Limits of Construction
Improvements to intersections and drives
f.Summary of Quantities. Consultant will prepare quantity estimates for all
construction and removal items on the plans and submit them to the City of
Bellevue.
E. DELIVERABLES (IDENTIFIED IN “SCOPE ITEMS TABLE” AND “CONSULTANT SHALL PROVIDE
(SECTION D”) ABOVE:
Consultant will prepare final deliverables and submit to LPA the electronic files and hard
copies of all materials. The Consultant shall send all Deliverables to the LPA and State when
acting on LPA’s behalf, for review prior to submittal to the State and FHWA.
1.The Appropriate Level of CE Document (Level 1, 2, or 3) and supporting attachments and
file data
2.Section 4(f) Initial Assessment Form and exception/de minimis documentation (if
required)
3.Threatened and Endangered Species BE Review Request Letter
4.Public Notice and official Legal Notice
5.Project Information Packet (as distributed to the public)
6.Public Involvement Report (which includes at minimum: Distribution List, Public Notice
Development, Proof of Publication, Scoping Letters to the stakeholders, Comments
received and response to comments). The Public Involvement Report shall be attached
to the CE.
7.Quality Control documentation
EXHIBIT "B"
SCOPE OF SERVICES
2022 Omaha Major Street Resurfacing – PE/NEPA
Project No. MAPA‐28(140) Sheet 11 of 11
Control No. 22849
8.PDF copies of all materials and final electronic files (i.e. geodatabases for wetland
delineations) as stated above. All supporting information shall be submitted to the State
for their Project File.
F. DATA TRANSFER
It shall be the Consultant’s responsibility to obtain the necessary software to translate to and
from the specified format for all electronic files supplied by the LPA or State and for all
electronic files prepared by the Consultant and supplied to the LPA or State.
COMPENSATION
Compensation shall be on a labor and expense cost basis. Estimated labor and expense totals are
based on an estimated average rate for the labor classifications and expense categories for the
purposes of establishing a total estimated fee and not a total estimated fee per task or guaranteed
unit cost. Variations in actual task amounts are anticipated. Labor rates billed will be based on
current audited overhead rate plus 12 % profit (fee). Expenses shall be reimbursed at cost without
markup.
EXHIBIT “C”
BREAKDOWN OF COST
Exhibit "C"
Labor Costs
Estimated
Ave Rate Estimated Estimated
Personnel Classification $/Hour Hours Cost
Senior Project Manager ‐ Principal 85.00$ 0 ‐$
Sr Project Manager 75.00$ 28 2,100.00$
Sr Professional Engineer/Project Manager II 60.00$ 204 12,240.00$
Professional Engineer/Project Manager I 50.00$ 56 2,800.00$
Project Engineer II/Project Scientist II/Sr Designer/Sr Const Rep 40.00$ 140 5,600.00$
Project Engineer I/ Project Scientist I/Const Rep III 35.00$ 674 23,590.00$
Designer II/Project Coordinator I/Const Rep II/Sr Tech/Sr Inspector 30.00$ 884 26,520.00$
Designer I/Const Rep I/Tech II/Inspector II/Project Assistant II 25.00$ 468 11,700.00$
Tech I/Inspector I/Project Assistant I/Intern 20.00$ 0 ‐$
2,454 84,550.00$
Multi‐year Salary Increase Adjustment Factor (est 4% ave per year) 1.00 ‐$
Overhead Factor 163.84%138,526.72$
FCCM (if applicable) 0.19%160.65$
Profit 12.00%26,769.21$
Direct Salary Costs with Overhead and Profit 250,006.57$
Direct Nonsalary Costs
Equipment, Printing, Communication, etc. Suppies/Expenses @ fixed 1% of Labor Charges 3,200.00$
Construction Materials Testing Trip Charge @ $85/Trip 1,530.00$
Other Vehicle Mileage @ $0.75/mi 2,895.00$
Misc Unit Rate Testing 6,300.00$
Subtotal Direct Nonsalary Costs 13,925.00$
TOTAL ESTIMATED NOT TO EXCEED FEE 263,931.57$
FEE SUMMARY
MAPA-28(140) Control 22849 2022 Resurfacing
City of Omaha
Fee Estimate for Professional Engineering Services
Page 1 of 2
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Sr Professional Engineer/Project Manager II
Professional Engineer/Project Manager I
Project Engineer II/Project Scientist II/Sr Designer/Sr Const Rep
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Designer II/Project Coordinator I/Const Rep II/Sr Tech/Sr
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