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RES 2018-0366 - Agmt with Black & Veatch for Fontenelle Park lagoon improvements project, OPW 52658 , of o v1AHA NFgR- 1 E. n �l' h -SA--, r- -. °s1 ° Public Works Department er C yCk nl i' j- Omaha/Douglas Civic Center %®. r �► � � `6 1819 Farnam Street,Suite 601 o'F ; Omaha,Nebraska 68183-0601 Kok S�� (402)444-5220 'r�'D FEBRVP Y 4.(,;....',_'%� Fax(402)444-5248 City of Omaha GM PA ti tq Id u' tt A Slc;,d Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution to approve an amendment to a professional services agreement with Black & Veatch Corporation to provide construction phase services on OPW 52658, being the Fontenelle Park Lagoon Improvements Project. The amendment includes provisions for engineering services during the construction phase Of the mentioned project. Black & Veatch Corporation has agreed to provide the services described in. detail in the attached amendment; at a cost not to exceed $200,959.00. Funding for this agreement is programmed to be paid from the Sewer Revenue Improvement Fund 21124, CSO Implementation.Organization 116918, and will be provided by the sale of Sewer Revenue Bonds. Black&Veatchtorporation`has on file a current.Contract Compliance Form (CC-1) in the Human Rights and Relations Department. The Public Works Department requests your consideration 'and approval of the attached Ordinance. R spectfully submitted, Approv d: 0 I r ),3-,1- •9 Iii 4 2 iiol et - ‘'7--7 4- obert G: St e, P.E. �D to Franklin T. ThoriipsOn Date Public Works Director Human Rights and Relations Director Approved as to Funding: Referred to City Council for Consideration: ,-,148(A. yz,Og "-",tit„._ __S& LAk (41-2_4 , Step e B. Curtiss Date Mayor's Office Da e p Y Finance Director-' 2098Cgrp 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 Black & Veatch Corporation to provide professional engineering services for the study, conceptual design, and preliminary design on OPW 52077, being the Minne Lusa Paxton Boulevard Stormwater Conveyance Sewer project was approved by Council Ordinance No. 39019 on June 7, 2011; and WHEREAS, additional services not included in the scope of the Original Agreement or . subsequent amendments are required to provide construction phase services on OPW 52658, being the Fontenelle Park Lagoon Improvements Project; and, WHEREAS, Black & Veatch Corporation has agreed to perform the services needed as detailed in the attached Amendment No. 4 to the Agreement, which by this reference is made a part hereof, for an additional fee.not exceed $200,959.00 to be paid from Sewer Revenue Improvement 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. 4 to the Professional Services Agreement with Black&Veatch for the Fontenelle Park Lagoon Improvements Project, known as OPW 52658, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the additional fee not to exceed $200,959.00 for these professional services from the Sewer Revenue Improvement Fund 21124, • CSO Control Implementation Organization 116918, Sewer Revenue Bonds will be issued to finance this project. 2098grp APPROVED AS TO FORM: CITY ATTORNEY DATE • N• „OS?" By - APR 1 7 201oollmeerer • Adopted 1(/ City Clerk Approved.... ��.. . Mayor AMENDMENT NO. 4 TO THE AGREEMENT FOR ENGINEERING SERVICES FOR OPW 52077—ML PAXTON BOULEVARD STORMWATER CONVEYANCE SEWER(CSO) The Professional Services Agreement between the City of Omaha, Nebraska (OWNER) and Black & Veatch (ENGINEER) dated June 7, 2011 for professional services to provide study, conceptual design, and preliminary design phase services, and as amended by Amendment No. 1 dated August 12, 2014 to provide preliminary engineering services, and as amended by Amendment No. 2 dated December 8, 2015 to provide final design and bid phase services for OPW 52658 & OPW 52659 — Lake James to Fontenelle Park Sewer Separation Project, and as amended by Amendment No. 3 dated March 9, 2017 to provide services during construction for OPW 52658 is hereby amended as follows: ENGINEER is obligated to comply with the Utilization of Small and Emerging Small Businesses as provided in Exhibit A. 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 Services During Construction for the OPW 52659 Paxton Basin Upstream Sewer Separation Project (CSO)based on the Bidding Documents completed for the project. Compensation for the services in the Amendment shall be on an hourly basis as outlined in Section IV of the original 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 Two Hundred Thousand Nine Hundred Fifty-Nine Dollars ($200,959) 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 OPW 52077 Agreement; This Amendment is executed by ENGINEER this ,""day of Fe.6,.,,.o.r , 2018. BLACK&VEATCH CORPORATION ENGIN By TEST ✓ Associate Vice President 1 This Amendment is executed by OWNER this I C day of f \ , 2018. ATTEST CITY OF OMAHA, A Municipal Corporation City Cler Mayor APPROVED AS TO FORM: a3/u/ ir .erp Ay City Attorney 2 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: Projected Name of small or Scope of work or commencement and emerging small project tasks to be completion date of Agreed price with business Address performed work SB/ESB Percentage(%) Lovgren 809 North 96th Public April 2018 to $34,502 17.2% Marketing Street Involvement October 2019 Omaha,NE 68114 Services During Vireo 1111 N. 13th Construction for April 2018 to $6,780 3.3% Street, #116 Green October 2019 Omaha, NE 68102 Infrastructure Totals $41,282 20.5% 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 O�a Title Associate Vice President Date of Signing apl Firm or Corporate Name Black&Veatch Corporation Address 8400 Ward Parkway,Kansas City,MO 64114 Telephone Number 913-458-4308 3 EXHIBIT"B" SCOPE OF SERVICES AMENDMENT NO. 4 OPW 52659 Paxton Basin Upstream Sewer Separation Project(CSO) ENGINEER shall provide services during construction to the CITY as outlined in the task descriptions described herein. Services During Construction shall be based on the recently completed bidding documents, as approved by the CITY. ENGINEER shall perform the Services During Construction 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.oma hacsopt.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 Updated December 2014 Management Plan Risk Management Plan I 04/12/2010Rev0 Enviromnental Plan Updated May 2013 Construction Management Plan 06/25/2012 Program-Wide Materials Management Plan for Soil and 04/06/2012 Groundwater PROTOCOLS ; Construction Management Protocol Updated 04/18/2013 Sewer Separation Protocol Rev. 0.01 Updated 07/30/2010 PROCEDURES i W City of Omaha Manhole and Lamping Inspection Procedure j - - — Revision 3 I Updated 5/9/2014 City of Omaha Pipeline Inspection Procedure Using Closed Updated 4/11/2014 Circuit Television Revision 4 -----..---.-----_..____ Public Information Procedure for CSO and RNC Projects Updated 04/11/2014 ROW Management and Property Acquisition Procedure for Updated 09/16/2010 (Non-Federal)Projects 4 Ci�nfO�u�0mo�m��� �mo�� ' - ~ 03/l2/2Ol2 �e�okm� Updated Community Enhancement Procedure 04/30/2013 Utility Coordination Procedure lJndutod02/28/20l3 PMT Work Change Acknowledgement 05/10/2012 ' __- _-______- ___- ������u���rB���u�dv�iu��� � ' ProjectsI�iutb�C8O/� C Program 04/15/2014 Document and Data Control Procedure for Projects 06/13/2014 Omaha CSO Program CAD Standards with Update 0 3 1 5/2 01 0 O4/20/20l0 With 04/2d/20l0Update Modeling Standard UpdatodO0/24/20l0 Interim Flow Monitoring Standard,Rev. 0 12/30/2011 ____Public\�odcuZ)epu�o�uotDesign Division Surveying O3/04/20ll Proposals Guidelines for Preparation and Presentation GUIDANCE DOCUMENTS .. - _____ ... ........... ....... ___ ~ Sopxx8 oI}�livccuhl���xp�u�utionm(}uidu000 ^ 04/30/2012 Documents Guoteoboiuu/Guidance Document 04/10/2014 Sewer Separation Cost Estimate Template Guidance Updated 06/0 ---- Omaha Green Solutions Site Suitability Assessment and l2/2l/2OO9 B&8P Selection Process Guidance Document Private Property Investigation Guidance Updated � ^ / - ------ ------ Sanitary Sewer Design Basis and Methodology Guidance lJodu1ed06/27/20l0 _ Storm Sewer Design Basis and Methodology Guidance l}oda1ed00/27/2Ul SnotubxdbilityGuiduoue lJoduted0l/O4/20ll --- --------- --------- | Urban Design Review Board Guidance Document for ' Sewer Ino�oovczueotP � Projects J�)y }7, 20l3 Liquidated Damages Guidance 02/04/2013 lJSACB Omaha District Levee Channel Review Submittal l2/l2/20O6 Guidance SomD&cEmerging Small Business 8BB Guidance 09/13/2011 C8OProject Cummunication: PMT and Project Teams Updated0l/04/20l3 • Technical Memorandum 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. TASK 7—ENGINEERING SERVICES DURING CONSTRUCTION Objective: Provide assistance to the City for Engineering Services During Construction. Services are based on a time period of up to 18 months to Final Comletion of the project. Deliverables: Deliverables shall include a services during construction (SDC) Project Execution Plan, materials for Pre-Construction Public Meeting, Shop Drawing review comments, Request For Information responses, revised sealed documents to address issues that arise during construction, and Public Communication materials. Scope: 7.1. Project Contract Administration. ENGINEER's administration of the Contract including preparation of monthly invoicing and budget tracking. Invoices shall identify individuals and hours by task breakdown in order to track level of effort by tasks compared to the budgeted amount. Invoice shall also include an attached document that summarizes the monthly public outreach activities per Paragraph 7.12.f. 7.2. SDC Project Execution Plan: Scope includes the preparation of a Project Execution Plan by the ENGINEER to provide guidance to the ENGINEER staff and sub- consultants and should include: Purpose, Project Background and Description, Team Composition and Contact Information, Scope of Services, Project Schedule, Budget, Confidentiality, Project Administration, and coordination with the City Construction Management Plan. (Example to be provided by City.) 7.3. Transition Meeting #2: Scope includes attendance at a Transition meeting with the Program Management Team and CITY Construction Management (CM) staff. Review Pre-Construction Meeting agenda, Construction Management Plan, and SDC Execution Plan. Meeting organized by the CITY Construction Manager. Meeting documentation prepared by the City Construction Manager. (This effort shall be based on a maximum of 2 staff from the ENGINEER for a maximum of 3 hours each.) 6 7.4. Attendance at Pre-Construction Meeting: Scope includes attendance of up to two staff from the ENGINEER's Project Team for a maximum duration of 4 hours each at the pre-construction meeting with the Contractor to respond to questions related to the various components of the project. No additional support hours needed as meeting will be led by the CITY Construction Manager. 7.5. Pre-Construction Public Meeting: Scope for ENGINEER includes: a. Develop postcard mailer to distribute to the neighborhood affected by the construction project; mail postcard and pay for postage. b. Coordinate and arrange for the location of the Public Meeting, as approved by the CITY Construction Manager. Provide sign-in sheets, etc. c. Prepare Powerpoint presentation materials for the Public meeting, as reviewed and approved by the CITY Construction Manager. Provide handouts, displays, etc. d. Attendance of up to three members from the ENGINEER's Project Team at the pre-construction public meeting to respond to any design specific questions/inquiries from the public that the CITY/PMT staff may not be able to answer. 7.6. Attendance at Weekly Meetings: Scope includes attendance of one person from the ENGINEER's staff at the weekly meetings, as requested by the CITY Construction Manager on an on-call basis. (Assume a maximum of 72 meetings related to the construction of the sewer separation work described in the original Agreement, based on an average of four (4) meetings per month for a maximum 2 hour duration for each meeting for the anticipated duration of the construction.) a. In addition, attendance by the Project Team Landscape Architect at up to three (3) site construction weekly meetings, as requested by the City CM, shall be included. 7.7. Shop Drawing Review: Scope includes review of up to 25 shop drawings as requested by the CITY Construction Manager along with any submitted revisions or updates from the Contractor. See Exhibit D for assumed list of submittals identifying responsibility for review. (Assume an average of 5 hours per shop drawing submittal, including resubmittals. For Scoping the ENGINEER shall develop a complete list of the anticipated shop drawings and note whether the shop drawing is to be reviewed by the ENGINEER or the CITY. CITY will review typical standard submittals for sewer separation projects. ENGINEER will review any submittals special to the Project.) a. Shop drawing review by the Project Team Landscape Architect for tree and plant selection and substitution and other landscaping features shall be included. 7.8. Request for Information (RFI) response: ENGINEER shall respond in a timely manner to RFI's submitted by the CITY Construction Manager to the ENGINEER that are related to the sewer separation plans, specifications, procedures, and other 7 Contract Documents. (ENGINEER effort shall be based on responding to up to 36 RFI's, based on an estimated 2 RFI's per month for the duration of construction and an average of 3 hours per RFI of ENGINEER staff time.) ENGINEER will access RFI information from the Program Sharepoint website and respond to the RFI via the Program Sharepoint website. 7.9. Site Visits: Scope includes a maximum of 36 site visits by one person from the ENGINEER's staff during construction to address on-call questions or concerns initiated by the CITY Construction Manager or the RFI process. (Assume two (2) site visits per month for a maximum 4 hour duration per site visit for the anticipated duration of the construction.) a. In addition, up to two (2) site visits by the Project Team Landscape Architect shall be included to observe activities such as tree planting, to review the grading and soil preparation within Lake James Park, and to address any other issues as requested by the City CM, and to provide written comments to the CM. 7.10. Plan Change Assistance: ENGINEER shall provide necessary revised and sealed plan sheets and/or specifications to address construction issues arising during construction, as requested by the CITY Construction Manager, that are related to the Project. ENGINEER staff effort associated with changes due to ENGINEER errors or omission, are not reimbursable by the CITY. (Assume 200 hours) 7.11. Substantial/Final Completion Walk Through: ENGINEER shall participate in the Substantial Completion and Final walk through organized by the CITY CM with the Contractor. CITY CM will prepare the punch list documentation based on the walkthrough. CITY CM will verify completion of the Punch List items. (This effort shall be based on a maximum of 2 staff from the ENGINEER for a maximum of 4 hours duration for each of the substantial and final completion walkthroughs) a. In addition, attendance by the Project Team Landscape Architect shall be included for the Substantial and Final completion walkthroughs to provide input review of the plantings and landscaping features. 7.12. Public Communications: In coordination with the City Construction Manager, ENGINEER shall (in conjunction with the project team public involvement facilitator) facilitate on-going communication with the area business community, residents, neighborhood alliances, stakeholder groups, elected officials, etc. throughout the duration of construction and/or as directed by the City CM. ENGINEER tasks shall include the following: a. Based on the ENGINEER's Project Public communication list developed during the design of the Project, update the Construction Communications list to include the following: i. Residents, businesses and Not-For-Profit organizations anticipated to be impacted by the construction located within the envelope of construction. ii. Neighborhood organizations representing the project area. iii. Schools/Churches or other sizable use needs in the project area. 8 iv. Elected officials representing the project area. v. Identify information or media resources that could be conduits for information to the stakeholders. vi. Others that may be identified. b. Arrange to receive information or updates on construction progress from the City CM in order to anticipate communication needs. c. Develop construction update information on a timely basis (budget for monthly effort) for distribution by whatever means is effective, efficient and acceptable to the recipients of the information (by one-on-one delivery, e-mail, leave in door, etc.). Communication (flyers, newsletters, e-mails, door hangers) shall use approved CSO Templates and the content of each communication shall be reviewed and approved by the City CM and the project team public involvement facilitator prior to distribution. Communications shall be distributed within 2 days of the monthly project construction progress meeting. (The frequency of preparation and distribution of the update may be adjusted as necessary based on the progress of the project activities that affect the communication content and/or the frequency of the progress meetings, as determined by the City Construction Manager.) d. ENGINEER shall schedule, as appropriate, progress updates with the City CM to provide communications follow-up and information from the community contacts on events or situations in the area that may be affected by the construction activities and that may require special attention by the Contractor (special pedestrian access, deliveries, etc.). e. Develop additional messaging, media releases, website updates or communication necessary per the Public Involvement Guidelines and with the approval of the Program Public Involvement Facilitator. This may include: i. Attendance at quarterly intervals (or other agreed upon interval) at neighborhood association meetings to provide schedule update. f. Post to the Project Construction Portal site (Under Secured From Contractor), copies of monthly flyers and any other public communications distributed to the Public and a separate summary of the monthly public outreach activities by the Project Team. g. A budget allowance of $35,100 shall be included for this Public Communication Task item. Level of effort and duration of activity by the ENGINEER shall be as approved by the City CM. (Assume 3 hours per week for the anticipated duration of the construction at$150/hr.) SCHEDULE The schedule of Services During Construction shall be coordinated with the CITY during the construction phase. The contract bid documents are based on a period of 18 months to Final Completion for services during construction. 9 ii 2 8 qi R 0 ORAO !R OF ill -ith ' » MI 11 PM " 6lc Rg ci1g . , a" . 0 g Q i jig 0 €185101 . P . 0 . 1 agog a I GI a Ems-+ ci »» ' RR � » O � 1 II w » H if o I0 09 "" CP. pagL" t4 Q W . U 'S RPR GI P R n6 $ OR R B 8 R • "• n B R 8 R R. V §f g C F „ A ..• wn L°l° L° . 61 j i _ i a w " ;1 a li1 1 8 BBB BB BB8 8 FA a �6Q El Ihni {iIid EXHIBIT "D" ASSUMED SUBMITTALS LIST PROJECT No.of Estimated CITY SUBMITTALS REVIEW TEAM Submittals Project REVIEW Team Hours CSO Signs x SWPPP Signs x Traffic Control Plans x Schedule of Values(If Required) x Emergency Action Plan (EAP)(If Required) x Preliminary Progress Schedule(within 10 x days of Agreement) Detailed Progress Schedule(within 60 days x of Agreement) Preliminary Schedule of Submittals(within x 10 days of Agreement) Schedule of Submittals(within 14 days of x Notice to Proceed) Construction&Demolition Waste x Management Plan Environmental Protection Plan(within 15 x days of Notice of Award) Records of Contractor's Environmental and x Compliance Awareness Training(within 15 days of Notice of Award) Identify Environmental Compliance Officer x and Qualifications(within 15 days of Notice of Award) Discharge Monitoring Reports(DMR's) x (Periodic) Construction Dewatering(If Required) x Product Substitution x CCTV Inspections(Staff Qualifications, x QA/QC Plan,Schedule) Aggregate Base, Bedding,Granular x 11 Surfacing,Stabilization Rock, Etc. Curb Ramp Detectable Panels x Concrete Mixes, Flowable Fill x HMA Mixes x RCP Pipe and accessories x x 1 5 DIP Pipe and accessories x VCP Pipe and accessories x RCB Culvert and accessories x Precast MH/Fittings x x 1 5 Manhole Castings, Inlet Castings, Frame x x 1 5 • • Seals Licensed Sewer Layer Name&License# x Q-Cast Certificate x Dewatering&Bypass Pumping Plan x x 2 10 Flared End Sections x • Water Service items x Pavement Markings x Manhole Rehabilitation x 1 5 Erosion Control Items x 3 15 Replacement Trees x 2 10 Structural Backfill x 1 5 Seeding Mix x 1 5 Sodding x 1 5 Soil Amendment x 1 5 Special Concrete Structures Rebar details x 3 15 Miscellaneous Metals x 1 5 Structural Concrete Mix x 1 5 Segmental Retaining Walls x 5 25 12 NO. 5Lp(,o Item Submitted By: Gary Pech Department: Public Works Council Meeting Date: April 17, 2018 Res. that, as recommended by the Mayor, Amendment No. 4 to the Professional Services Agreement Black & Veatch for the Fontenelle Park Lagoon Improvements Project, known as OPW 52658, is hereby approved. (The Finance Department is authorized to pay the additional fee not to exceed $200,959.00 for these professional services from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918, Sewer Revenue Bonds will be issued to finance this project.) • Presented to City Council April 17, 2018 APPROVED 7-0 &ltzabeth griller City Clerk