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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 cs � �, �4psi 1 kn rl a r y •y �� � �� r January 10, 201�j,� ,,;_ {� i ,i i � � , 1819 Farnam Street,Suite 601 p — . _„— ,_ Omaha,Nebraska 68183-0601 �Aro (402)444 522,0 o ¢ ��Teo FEaR�� l'ax(402)444 5248 City of Omaha ;. Robert G.Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving 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 $2 1.Adder Common's or Ouatbns during PUS Rovisw a 50 40 2 Prkdttb 6 5.QA+QC a e. H Eniit�enatalMal 42e 42$ 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