RES 2017-0063 - Agmt with Alfred Benesch & Company for OPW 53089, 2017 major st resurfacing ��°� �r, P,s� Public Works Department
Omaha Dou*las Civic Center
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City of Omaha ;. Robert G.Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement with Alfred
Benesch & Company to develop the design package for MAPA-5059(1), also known as OPW
53089 being the 2017 Major Street Resurfacing Project.
The scope of services is included in the Agreement, and includes data collection, NDOR level 1
categorical exclusion environmental documentation, development of the contract documents, and
final design plans for an asphalt resurfacing project and additional services as identified in the
attached agreement.
Alfred Benesch & Company has agreed to perform these services for a fee not to exceed,
$265,363.21; as a part of the 2017-2022 Capital Improvements Program Transportation Project
507 from the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization
117117, year 2017 expenditures.
Alfred Benesch & Company has filed the required Contract Compliance Report, Form CC-1, in
the Human Rights and Relations Department.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
ectfully submitted, Approved:
Z-l -1
Robert G. Stubbe, P.E. Date Spen er K. Danner Jr. Date
Public Works Director Human Rights and Relat' ns Director
Approved as to Funding: Referred to City Coun 11 for Consideration:
4L14
1n B. Curtiss Date Mayor's Office Dat•
Finance Director ''1
1005Cgrp
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this ✓ " day of, Juat1,70/7by and between
the City of Omaha, a municipal corporation located in Douglas County,Nebraska(hereinafter referred to
as the "City"), and Alfred Benesch & Company (hereinafter referred to as the "Provider"), on the terms,
conditions and provisions as set forth herein below. All references to "Contractor" shall mean
"Provider".
I. PROJECT NAME AND DESCRIPTION
OPW 53089 2017 MAPA Resurfacing Project
Milling and Resurfacing Various Major Streets City Wide
II. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, as set out and more fully described in the
Proposal attached hereto, for the City, relative to the above-referenced project which is
illustrated in Exhibit"B" attached hereto. Such services shall be completed within a 120 day
period after receipt of a purchase order from the City.
B. Provider designates Timothy R. O'Bryan, PE whose business address and phone number is
14748 West Center Road, Suite 200, Omaha, NE 68144 (402)-333-5792 as its project
manager and contact person for this project.
C. Provider agrees to maintain records and accounts, including personnel, financial and property
records, sufficient to identify and account for all costs pertaining to the project and certain
other records as may be required by the City to assure a proper accounting for all project
funds. These records shall be made available to the City for audit purposes and shall be
retained for a period of five (5)years after the expiration of this Agreement.
D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all
compensated providers, employees, and subcontractors.
E. Provider agrees to complete, within 120 calendar days of receipt of a purchase order from the
City, the necessary services. The City recognizes that completion within this deadline is
contingent upon timely response from utilities and City input.
F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's
Human Rights and Relations Department prior to signing the agreement.
1II. DUTIES OF CITY
A. City designates Michael Kleffner whose business address and phone number are 5225 Dayton
Street, Omaha, NE (402)444-5109 as its contact person for this project, who shall provide a notice
to proceed and such other written authorizations as are necessary to commence for proceed with the
project and various aspects of it.
IV. COMPENSATION AND PAYMENT
A. The cost of services as specified in the Scope of Service, shall be performed on an hourly
basis,but in no event shall exceed $265,363.21. Detailed breakdown of costs shall be shown
in Exhibit"C".
B. Reimbursable expenses shall be billed to the City by the Provider.
C. INCREASE OF FEES
The parties hereto acknowledge that, as of the date of the execution of the Agreement,
Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to
contracts or purchases which taken alone increase the original fee as awarded (a) by ten
percent, if the original fee is one hundred fifty thousand dollars ($150,000) or more, or(b)by
seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in
advance of the acceptance of any purchase in excess of such limits. However, neither
contract nor purchase amendments will be split to avoid advance approval of the City
Council.
The originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the city council.
The provisions of this section will be quoted in all future city contracts. Nothing in this
section is intended to alter the authority of the mayor under section 5.16 of the Charter to
approve immediate purchases.
V. OWNERSHIP OF INSTRUMENTS OF SERVICE
The City acknowledges the Provider's 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 at another site or make any modification to the
documents without the prior written authorization of the Provider. The City agrees,to the fullest
extent permitted by law,to indemnify and hold harmless the Provider, its officers,directors,
employees and subconsultants(collectively, Provider) against any damages, liabilities or costs,
including reasonable attorneys'fees and defense costs,arising from or in any way connected with
the unauthorized reuse or modification of the documents by the City,regardless of whether such
reuse or modification is for use at the Project site or another site.
VI. ADDITIONAL SERVICES
In the event additional services for the aforementioned project not covered under this Agreement
are required, Provider agrees to provide such services at a mutually agreed upon cost.
VII. INSURANCE REQUIREMENTS
Provider shall carry professional liability insurance in the minimum amount of one half million
dollars and shall carry workers' compensation insurance in accordance with the statutory
requirements of the State of Nebraska.
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 attorneys'fees and defense costs,to the extent caused by the Provider's
negligent performance of professional services under this Agreement and that of its subconsultants
or anyone for whom the Provider is legally liable. The City agrees,to the fullest extent permitted
by law,to indemnify and hold harmless the Provider, its officers,directors,employees and
subconsultants(collectively,Provider)against all damages,liabilities or costs,including reasonable
attorneys'fees and defense costs in connection with the Project,to the extent caused by the City's
negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City
nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the
other party's own negligence.
IX. TERMINATION OF AGREEMENT
This Agreement may be terminated by the City upon written notice to the provider of such
termination and specifying the effective date at least seven (7) days prior to the effective date of
such termination. In the event of termination, the provider shall be entitled to just and equitable
payment for services rendered to the date of termination, and all finished or unfinished documents,
data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's
option, its property.
X. GENERAL CONDITIONS
A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate
or permit discrimination in violation of federal or state laws or local ordinances because of
race, color, sex, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha
Municipal Code section 13-89, 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. Merger. This Agreement shall not be merged into any other oral or written agreement, lease
or deed of any type. This is the complete and full agreement of the parties.
G. Modification. This Agreement contains the entire Agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly
set forth herein. No agent, employee or other representative of either party is empowered to
alter any of the terms hereof unless done in writing and signed by an authorized officer of the
respective parties.
H. Assignment. The Provider may not assign its rights under this Agreement without the
express prior written consent of the City.
1. Strict Compliance. All provisions of this Agreement and each and every document that shall
be attached shall be strictly complied with as written, and no substitution or change shall be
made except upon written direction from authorized representative.
J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The
Contractor is required and hereby agrees to use a federal immigration verification system to
determine the work eligibility status of new employees physically performing services within
the State of Nebraska. A federal immigration verification system means the electronic
verification of the work authorization program authorized by the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a,known as the E-Verify Program,
or an equivalent federal program designated by the United States Department of Homeland
Security or other federal agency authorized to verify the work eligibility status of a newly
hired employee.
If the Contractor is an individual or sole proprietorship,the following applies: 1. The
Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.nc.us 2. if the Contractor
indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to
provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements (SAVE)Program. 3. The Contractor understands and agrees that lawful
presence in the United States is required and the Contractor may be disqualified or the
contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat.
§4-1 08.
K. 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.
L. 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 wit w 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. 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.
M. 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
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 applicants for employment.
4) The Contractor shall furnish to the human rights and relations director all Federal forms
containing the information and reports required by the Federal government for Federal
contracts under Federal rules and regulations, and including the information required by
Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records.
Records accessible to the human rights and relations director shall be those which are related
to Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the
Contractor. The purpose for this provision is to provide for investigation to ascertain
compliance with the program provided for herein.
5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein, including
penalties and sanctions for noncompliance; however, in the event the Contractor becomes
involved in or is threatened with litigation as the result of such directions by the City,the City
will enter into such litigation as necessary to protect the interests of the City and to effectuate
the provisions of this division; and in the case of contracts receiving Federal assistance, the
Contractor or the City may request the United States to enter into such litigation to protect the
interests of the United States.
6) The Contractor shall file and shall cause his subcontractors, if any, to file compliance reports
with the Contractor in the same form and to the same extent as required by the Federal
government for Federal contracts under Federal rules and regulations. Such compliance
reports shall be filed with the human rights and relations director. Compliance reports filed at
such times as directed shall contain information as to the employment practices, policies,
programs and statistics of the Contractor and his subcontractors.
7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
EXECUTED this 9th day of December , 2016
Alfred Benesch&Company
Provider n
ifj �a2 By �. ih 45 - \
ATTEST
Sr.Vice President-Omaha Div.Manager
(Title)
EXECUTED this I.2 day of �QA.)6[ .724/7
ATTEST CITY OF AHA,A unicipal Corporation
City Cler Mayor
APPROVED AS TO FORM:
f✓'
77/ iL
Deputy City Attorney
Revised: 5/2016
Exhibit"B"
SCOPE OF SERVICES
DESIGN AND ENVIRONMENTAL ASSESSMENT
CITY OF OMAHA
2017 Major Street Resurfacing
OVERVIEW
Alfred Benesch & Company (Consultant) proposes to provide the professional
services to develop the design package for the City of Omaha 2017 Major Street
Resurfacing Project. The work required for this project includes: data collection,
NDOR 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.
Design and plan preparation will follow Nebraska Department of Roads 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 to be used in the development of the project deliverables:
• List of Street Segments to be resurfaced
• Traffic control for each street segment
UNDERSTANDING AND ASSUMPTIONS,
Design efforts will address all aspects of street resurfacing improvements
consistent with NDOR'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 desk top review using readily available aerial
photography, environmental databases and other electronic resources.
Design and Environmental Assessment Page 1 of 9
City of Omaha 2017 Major Street Resurfacing Program
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 120 calendar days from the Notice to
Proceed. 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.
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, facilitate and attend one (I) review meeting
associated with the project. The meeting is anticipated to occur at approximately
75% completion of the design plans 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.
ENVIRONMENTAL DOCUMENTATION AND REVIEW
It is anticipated this project will utilize federal funds to pay for a portion of the
Construction and Construction Engineering Services. The services identified in
this scope are being funded with local funds, however, the Consultant will be
required to follow all requirements outlined in the current Nebraska Department of
Roads (NDOR) Local Public Agency (LPA) Guidelines Manual for Federal Aid
Projects in addition to the City's guidelines included in the City's Guiding Principles
and Procedures (GP&P) website.
a. General Considerations:
The Environmental Document shall be prepared in accordance with the current
version of NDOR's Local Public Agency (LPA) Guidelines, and all applicable
federal, state, and local environmental rules, regulations, and guidelines,
including the April 2015 Programmatic Agreement for the Processing of
Categorical Exclusions between NDOR and FHWA.
Design and Environmental Assessment Page 2 of 9
City of Omaha 2017 Major Street Resurfacing Program
The City shall provide oversight and/or review of the major
deliverables, including
• Project Description/Limits of Construction
• Activity Checklist and Agency Concurrence Request Letters
• Purpose and Need
• NDOR Forms and Final Deliverables
b. NEPA Document
Given the scope of the project (i.e. all improvements made within the back of
curb) the Consultant assumes that a Level 1 Categorical Exclusion (CE) will
be able to be obtained from NDOR, using the current version of the
NDOR/FHWA guidelines. More specifically, we anticipate this project falling
under actions (22) or (23) as described in 23 CFR 771.117(c). This level of
documentation may be approved by NDOR without FHWA signature. In
addition to preparing the CE Form, the Consultant will produce supporting
information (e.g. maps, figures, concurrences) attached to the CE Form, or to
place into the Project File as referenced in the NEPA document. If NDOR
requires this project to be processed as a Level II or III CE, additional scope
and fee will be required.
The transition date for using the new guidelines and forms is currently
October 1,2015, based on training given to consultants in early
September. While we do anticipate submitting the CE using the new forms
and processes outlined in the June 2, 2015 guidelines, we do not
anticipate using the "online"version of the forms, as these won't be
implemented until November 2015 at the earliest.
With these assumptions, the Consultant will complete the new "All-Level"
CE Form, including Project Description, Purpose and Need Statement,
Alternatives Considered, basic project information, project maps, and other
supplemental information such as resource agency correspondence. The
Consultant will submit the CE Form and attachments first to the City for
review, and then to NDOR for review and approval. FHWA approval is not
anticipated due to the proposed scope of work and the assumption that the
project will approved as a Level 1 CE.
Design and Environmental Assessment Page 3 of 9
City of Omaha 2017 Major Street Resurfacing Program
c. Environmental Study Area
The Consultant will define the Environmental Study Area (with the City) and
prepare an aerial location map showing the Environmental Study Area.
d. General Resource Review
Using the current NDOR guidelines, the Consultant will review all resources
on the CE Form. Some resources will require more evaluation than others.
The following resources (with corresponding forms, concurrence letters, and
/or technical memoranda) do require more evaluation, and may require NDOR
to issue a memo from a Professional Qualified Specialist (PQS): Section 4(f),
Section 404/Wetlands, Threatened & Endangered Species, Section 106
(historic properties), hazardous materials, and Environmental Justice. Detailed
descriptions of the scope required for these specific resources are provided
below.
e. Section 106 / Cultural Resources
A letter will be prepared for NDOR submittal to the State Historic
Preservation Office (SHPO) for Section 106 cultural resource
compliance. At this time, it is expected that NDOR staff will
complete any field review for historic properties, and submit a PQS
memo for inclusion in the CE. Furthermore, considering the new
Programmatic Agreement between NDOR, FHWA, and the
Nebraska SHPO (currently under development), there may be
changes to the process for Section 106 concurrence, which may
involves new forms or electronic submittals.
Nonetheless, these changes are not expected to change the level of
effort required for this project.
f. Section 4f f)/ G if)Evaluation
The Consultant will determine if adjacent 4(f) properties such as
public parks, recreation areas (e.g. trails), and wildlife/waterfowl
refuges, or historic sites of local, state or national significance are
within the Environmental Study Area. Consultant will complete
NDOR's Section 4(f) Initial Assessment Form with the required
maps and submit to NDOR. This form cannot be completed until
the Section 106 consultation is completed. The Consultant will also
determine if any adjacent property was developed under Section
6(f) of the Land and Water Conservation Fund Act.
Design and Environmental Assessment Page 4 of 9
City of Omaha 2017 Major Street Resurfacing Program
If the project involves any "use" of a Section 4(f) property
(permanent, temporary, or constructive), or requires preparation of
a Section 4(f) Statement (or an exception or de minimis form) or
additional Section 6(f) document, these services would require a
contract amendment.
g. Hazardous Material Review(HMR)
The Consultant will complete a HMR within the Environmental Study Area to
identify conditions that indicate an existing release, a past release, or a
material threat of a release, of any hazardous substances or petroleum
products into structures adjacent to the property or into the soils,
groundwater, or surface water.
The HMR will include a regulatory file review (local, state and federal
agencies). The purpose of this review will be to identify sites within the
Environmental Study Area (at a minimum, one tenth of a mile (1/10) on either
side of the project's centerline) that present a Recognized Environmental
Condition (REC). Any sites identified during the file review will be assessed
for their potential impact on the project, and discussed in the NEPA
document. For the purpose of scoping the number of sites, ten (10) sites
were assumed along the corridor.
The HMR will cover (1) conducting a study of the Environmental Study Area
for local, state, and federal environmental database records; (2) conducting a
reconnaissance survey; (3) reviewing readily available aerial photographs; (4)
conducting interviews with local agencies and regulators, if necessary; and (S)
preparing a written technical memorandum of the findings. The HMR will be
submitted to NDOR, and they will issue a PQS memo, which will be included
as an appendix to the NEPA document, with the findings summarized in the
main body of the NEPA document.
h. Socio-Economic Impacts
The Consultant will document any impacts (permanent and temporary)
to the community at large, businesses, the local economy, emergency
services, schools, pedestrians, bicyclists, transit, and religious
institutions. Specific environmental commitments for additional
coordination and impact minimization will be included in the CE Form,
and ultimately the Green Sheets for construction.
Design and Environmental Assessment Page 5 of 9
City of Omaha 2017 Major Street Resurfacing Program
NDOR will prepare an Environmental Justice (EJ) and Limited English
Proficiency(LEP) PQS Memorandum to assess impacts to minority and
low-income populations, as well
As LEP individuals and populations. The Consultant will include the
specific environmental commitments for additional coordination and
impact minimization in the CE Form, and ultimately the Green Sheets
for construction. If the Consultant is required to prepare any EJ or LEP
documentation, additional scope and fee will be required.
i. Threatened and Endangered Species Review
The Consultant will prepare the necessary documentation needed for NDOR
to issue a Biological Evaluation (BE) and concurrence on this project. Given
the scope of work (i.e. all improvements within the back of curb), this effort
will be limited to completing the Activity Checklist with the City, and
submitting it to NDOR for processing. NDOR will then prepare a PQS memo,
which will be summarized ad included in the CE. Specific environmental
commitments for additional coordination and impact minimization will be
included in the CE Form, and ultimately the Green Sheets for construction.
j. Wetland and Stream Delineation
Given the scope of work(i.e. all improvements will be made within the back
of curb) the Consultant will prepare a very brief Wetland Review
Memorandum, documenting the urban nature of the Environmental Study
Area, and verifying the absence of any wetlands or streams. The
memorandum will consist of a description of the study area, a map showing
the project limits, an aerial photograph, and ground-level photographs. The
Wetland Review Memorandum will be submitted to NDOR for review and
approval. NDOR will prepare a PQS memo, which will be summarized and
include in the CE. There are not expected to be any wetlands on this project,
and no impacts to waters of the United States are anticipated, therefore, no
effort is planned for permitting.
Design and Environmental Assessment Page 6 of 9
City of Omaha 2017 Major Street Resurfacing Program
k. Riaht-of-Way, Relocations. Utility Coordination
The Consultant will document any right-of-way acquisition, temporary or
permanent easements, relocations, and utility coordination. Impacts to
businesses, both temporary and permanent from the proposed project will
be documented, and any utility relocations or coordination will be
documented as well. Specific environmental commitments for additional
coordination and impact minimization will be included in the CE Form,
and ultimately the Green Sheets for construction.
I. Floodplain,
The Consultant will confirm where the Environmental Study Area crosses a
mapped Federal Emergency Management Agency (FEMA) floodplain. A copy
of the most recent FEMA Flood Insurance Rate Map (FIRM) will be submitted
that shows the limits of the proposed project in relation to any mapped flood
prone areas. For this project, there are not expected to be any impacts to the
floodplain; however, coordination with NDOR may be required to issue a
special floodplain PQS memo. The Consultant will document this process
and include it in the CE.
m.Water Quality
The Consultant will prepare a map showing the location of groundwater wells
and Wellhead Protection Areas (WHPA), as well as NDEQ impaired waters in
relation to the Environmental Study Area. Water quality impacts from
construction activities will be assessed and documented in the CE Form.
Specific environmental commitments for additional coordination and impact
minimization will be included in the CE Form, and ultimately the Green
Sheets for construction.
n. Construction-Related Impacts
The Consultant will assess potential construction-related impacts, both
temporary and permanent, that are not specifically addressed in other
sections of the CE Form. These may include detours, maintenance of traffic,
and temporary or permanent access changes; impact to bus routes and
stops; impacts to railroad crossings; impacts to schools, businesses, special
events, bicyclists, and pedestrians; and impacts to adjacent roadways.
Specific environmental commitments for additional coordination and
impact minimization will be included in the CE Form, and ultimately the
Green Sheets for construction.
Design and Environmental Assessment Page 7 of 9
City of Omaha 2017 Major Street Resurfacing Program
o. Public I volvement
For the CE Form and attachments, the Consultant will use the
documentation completed under the Engineering Contract for the public
involvement process. The level of effort for this task will be limited to
responding to public comments as they relate to environmental impacts,
and summarizing the responses for the CE Form.
p. Permitting,
The Consultant will document the anticipated permits required for the
proposed project and include supporting concurrence, coordination, or
other information as necessary for each anticipated permit. At this time, there
is no environmental permitting anticipated for this project, therefore there is no
effort planned for this task. If permitting is required, additional scope and fee
will be required.
Resources Not Requiring Analysis,
• Air Quality Impact Analysis
• Noise Study
• Wild and Scenic Rivers
• Farmland
The Consultant will document that the proposed project does not occur in Blaine,
Boyd, Brown, Cedar, Cherry, Dixon, Garfield, Holt, Hooker, Keya Paha, Knox,
Loup, Rock, Sheridan, Sioux, or Thomas Counties. The Consultant will
document that the Environmental Study area does not cross any areas of prime
farmland, and will submit relevant information documenting the urban nature of
the study area to NDOR. For this project, no further coordination with NRCS is
expected.
PERMIT APPLICATIONS/AGREEMENTS
Permits, agreements, certifications, and other related forms identified in the
LPA Manual are not anticipated for this project. Any such requirements will be
addressed as needed under supplemental agreement.
Design and Environmental Assessment Page 8 of 9
City of Omaha 2017 Major Street Resurfacing Program
PLAN AND CONTRACT DOCUMENT PREPARATION,
Consultant will prepare a design package for the overall project. The
general aspects and information contained in the design efforts are outlined
herein. Any additional design services not identified in this task shall be
performed by supplemental agreement.
a. Title/Typical Section Sheets
A Typical cross-section will be developed for each street segment which
accurately represents the lane width, depth of surfacing, curbs, and
shoulder widths.
b. General Notes
General notes show or note design details unique to the project.
c. Traffic Control Plan
The Consultant will insert the standard NDOR traffic control plan for lane
closures.
d. 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
e. Summary of Quantities,
Consultant will prepare quantity estimates for all construction and
removal items on the plans and submit them to the City of Omaha.
Design and Environmental Assessment Page 9 of 9
City of Omaha 2017 Major Street Resurfacing Program
Proj.ct Mem*: 2017 Ornate'Ardor St Rebufatoitp-Design Project Plumber:
Consultant Alfred Bsnssdl a Company Control lumbar:
Consultant PM: Tim t7Bryani,PE
LPA RC: We
MOOR PC: MtA
Date: en er 10,2010
a.beam 49$ 4
a Processing 6 e2 e1`
e Parentent Comm 120 12,
a.TraelTime 36 ,..• .;
a AfisMWYTrMlTime 4 4
61160.1= w. :$
a.Crests aosOwlets a too
ea.OrmaniProjest Management 140
r r
1.PrYnMaryo-Mlfn
4 B.dtcicae boo 1ao:.
b)Alignment a ao ai
ProPo«d 40 300 .
M PlnProdudlon/PtY05g 10
Ito Qtrealaes 20 100 t30
o ONOC 24 94.
l Mleatneous sheets se 140 170
�.04400.:=tom 1111: .1
1.Address NDORttmrerb a 00 `00
11.PWiPtodudlonPvkAng 10 10
12.Orr.relNes 40 r .40..,.
13.CWOC le te:.. .:
14_*Loeerwous a 20 .
15.apeditelions 16 3o .40
G.P$M sasissucorrscross 1t Is $2
1.Adder Common's or Ouatbns during PUS Rovisw a 50 40
2 Prkdttb 6
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e.
H Eniit�enatalMal 42e 42$
1 Cateaodc$Exdwion ao 160<'
2 Famind
3 Sedan 106 SHPO/T11PO 282a.
4 Section 4(1)De Midrib orexception 28
5 Sao6on6(t)Amhes
Rocdpiela Revive 211is
9 YlNer Cooky Rm go 12 12.
6 TiE Re aw 12 12
7 Haadeub MMwiels Palen 0
10 boles$Idr nd Reptant
it Welland and Siam Oeireeetlon Smokes
Small OM.(41 day 41 11,01 activdo)
'Sedum Del.(1-3 days of laid intones)
Large DN.(a 3 days of laid aWvittee)
12 Secfbn 404 Noflol vide PemWlrtp Services
13 Section 404 Individual Permitting App.
14 MifpMbn Plan
15 Preparation of Pubic klvolemsnl Metrriale 10 20
1$ Prepare Orson Shallot 3 t 32
17 Project dampeners 40 40
1$ SIM Visits 24 24
19 Urten Wetland Memo a
20 Addtlanel Mamas for detailed analysis 32 $
.«
)4.00. 1;S.1$:e tee r
Toth tom';41$ `18$ 14. 12' •
F_:dliba'C'
Consultant's Estimate of Hours Sheet 1 of 3
ti
Project Name: 2017 Omaha Major St Resurfacing-Design Project Number:
Consultant: Alfred Benesch&Company Control Number:
Consultant PM: Tim O'Bryan, PE
NDOR PC: N/A
Date: November 18,2016
' , �',t ' i ,; +: a��s a'...es a, d r ..,, �'a, .,,yf �- ip. °` "ir, �a tf�,X Y.' '.j,e..� "wy Sty t� !
N/A
Pho • •ies and Plans Environmental Doc's 500 and Plan set 480 980 $1.00 $980.00'
„
,.,i� ;
Su _ - 50 miles RT ave x 25 s,..meats +Plan delive travel to lincoln 2 1490 $0.58 .20
2 meetin.s at 40 miles round tri• 80 $0.58 $48.40.
• _ _I SALtil xltavk •tuLaut-��� :�yci:ra.��firL-3.•_ 250 $0.58 $145.00
Subtotal 1,';- ..80.
rt1.1 ` t;; 4u�r 1,° avk xq�q ' !' tryb^ht`t ss���..`,,..r'°- ii
i •�I. .,,., ��`�, �';r, t �h µ�..H t.� �r,c u�`iS,,. s... �ii�2 Y it's{...�t.�. .� . ...,d,.,..�a., I,�i,
Otatol
s. . . 'ss.S&Q. ` , :ItN.ar' :: 1Y ' " ,' tyJ i '
n�tj y'f�Yll•!i
_ ,� - �:�i=raki,�tuta�t�:�r�10ui•*= •. 12 $100.00 $1,200:00'
-�1
Su tal $1,200.00:.
.. f 4.� .ewe j >L, r� 4"� -t° d' d� Y a ^' '�rv�a six yJ: i, s: l•r�,
(a ' 1 �1 61 t� ', at ¢ ,.���+ A _ e < t,;,y r k
Exhibit"C"
Direct Expenses Sheet 2 of 3
Pro'ect Cost & Breakdown
Project Name: 2017 Omaha Major St Resurfacing-Design Project Number.
Consultant: Alfred Benesch&Company Control Number:
Consultant PM: Tim O'Bryan,PE
NDOR PC: NIA
Date: November 18,2016
Principal $70.00
Project Manager 144 $57.00 $8,208 00
Engineer 418 $55.75 $$3,303:50
Testing Technician 158 $24.55 $3,878 9Q
Technician 1,594 $25.20 $40,108.80
Environmental Scientist 428 $34.07 $14,581 98
Administrative $20.00
User Defined 1
User Defined 2
User Defined 3
Sul.. r141.1$`:...
Subconsulta nts:
Printing And Reproduction: $980.00
Mileage/Travel: ,$1'055.60,
Lodging/Meals:
Other Miscellaneous Costs: $1,2?0 00
$ui htht0440
Direct Labor Costs �. 1
Overhead @ 159.64% $1' L801.35
Total Labor Costs $234,042.51
Fee for Profit Rate @ 12.00% $28985.10.
Facility Capital Cost of Money(FCCM) @ (direct labor cost x FCCM%)
Direct Expenses $3,235 60
TOTAL COST $265,363.21
Exhibit"C"
Project Cost Breakdown Sheet 3 of 3
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 Alfred Benesch & Company to
perform professional services on MAPA-5059(1), also known as OPW 53089 being the 2017
Major Street Resurfacing Project; and,
WHEREAS, Alfred Benesch & Company was selected by the Architects and Engineers
Selection Process and has agreed to provide services including data collection, NDOR level 1
categorical exclusion environmental documentation, development of the contract documents, and
final design plans for an asphalt resurfacing project and additional services as identified in the
attached agreement which by this reference is made a part hereof; and,
WHEREAS, Alfred Benesch & Company has agreed to perform these services for a fee
not to exceed, $265,363.21, which will be paid from the 2014 Transportation Bond Fund 13184,
Transportation Bonds Organization 117117, year 2017 expenditures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the Professional Services Agreement with Alfred
Benesch & Company to provide preliminary engineering services for MAPA-5059(1), also
known as OPW 53089 being the 2017 Major Street Resurfacing Project, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a fee not to exceed $265,363.21 as a
part of the 2017-2022 Capital Improvements Program Transportation Project 507 from the 2014
Transportation Bond Fund 13184, Transportation Bonds Organization 117117, year 2017
expenditures.
1005grp APPROVED AS TO FORM:
)) CL>
/,CITY ATTORNEY DATE
By Sal
*44/7
Adopted ,.''N 10 7 7
City Clerk / /�/44/7
Approved ( `1
ia
Mayor
NO
Resolution by
Res_ that, as recommended by the Mayor,
the Professional Services Agreement with
Alfred Benesch & Company to provide
preliminary engineering services for MAPA-
5059(1 ), also known as OPW 53089 being
the 2017 Major Street Resurfacing Project,
is hereby approved; and that, the Finance
Department is authorized to pay a fee not to
exceed $265,363.21 as a part of the 2017-
2022 Capital Improvements Program
Transportation Project 507 from the 2014
'l ransportation Bond Fund 13184,
Transportation Bonds Organization 1171 17.
year 2017 expenditures.
l005Bgrp
Presented to City Council
JAN 1 0 2017
Adopted
City Clerk