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2018-01RESOLUTION 2018 - 1 PRELIMINARY ENGINEERING SERVICES AGREEMENT SUPPLEMENTAL AGREEMENT NO.2 — BK1523 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: Whereas: City of Blair and Felsburg Holt & Ullevig, have previously executed a Preliminary Engineering Services Agreement (BK1523) for a transportation project for which the Local Public Agency (LPA) would like to obtain Federal funds; Whereas: City of Blair understands that it must continue to strictly follow all Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of this Federal -aid project; and Whereas: City of Blair and Felsburg Holt & Ullevig, Inc. wish to enter into a preliminary engineering services supplemental agreement setting out modifications and/or additional duties and/or funding responsibilities for the Federal -aid project. Be It Resolved: by the City Council of the City of Blair, Nebraska that: Jim Realph, Mayor of City of Blair is hereby authorized to sign the attached Preliminary Engineering Services Supplemental Agreement No. 2 between the City of Blair and Felsburg Hotl & Ullevig. NDOR Project Number: STP -DPS -3854(1) NDOR Control Number: 22508 NDOR Project Description: Blair South Bypass COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, HANSEN, WILLIS, WOLFF, ANDERSEN, HALL AND JENSEN VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2018. CITY OF BLAIR, NEBRASKA B �- J S REALPH, MAY R ATTEST: BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDAWHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of January, 2018. BRENDA WHEELER, CITY CLERK SUPPLEMENTAL AGREEMENT # 2 CITY OF BLAIR FELSBURG HOLT & ULLEVIG PROJECT NO. STP -DPS -3854(1) CONTROL NO. 22508 BLAIR SOUTH BYPASS THIS SUPPLEMENTAL AGREEMENT is between the City of Blair ("LPA") and Felsburg Holt & Ullevig ("Consultant"), collectively referred to as the "Parties". WHEREAS, Consultant and LPA entered into an agreement ("Original Agreement") BK1523 for Consultant to provide Preliminary Design and NEPA for LPA's Federal Aid project, and WHEREAS, it is necessary that additional traffic Noise Analysis be added under this Supplemental Agreement, and WHEREAS, it is necessary to increase Consultant's compensation by this Supplemental Agreement for the additional work necessary to complete the project. WHEREAS, it is the desire of LPA that the project be constructed under the designation of Project No. STP -DPS -3854(1), as evidenced by the Resolution of LPA, attached as EXHIBIT "A" and incorporated herein by this reference, and NOW THEREFORE, in consideration of these facts and mutual promises, the Parties agree as follows: SECTION 1. SCOPE OF SERVICES Consultant will perform the additional work as set "out in in Exhibit "B" Consultant Work Order 2, attached and incorporated herein by this reference. SECTION 2. NOTICE TO PROCEED AND COMPLETION SCHEDULE The LPA issued Consultant a written Notice -to -Proceed on December 13, 2017. Any work or services performed by Consultant on the project prior to the date specified in the written Notice -to -Proceed is not eligible for reimbursement. Consultant will complete all work stipulated in the Original Agreement and this Supplemental Agreement by June 30, 2018. SECTION 3. FEES AND PAYMENTS For the work required, SECTION 9 FEES AND PAYMENTS of the Original Agreement is hereby amended in accordance with Exhibit "B" so that the fixed -fee -for-profit is increased from $52,399.02 to $53,562.36, an increase of $1,163.34. Actual costs are increased from $467,300.98 to $476,137.64, an increase of $8,836.66. The total agreement amount is increased from $519,700.00 to $529,700.00, an increase of $10,000.00 which Consultant must not exceed without the prior written approval of LPA. Project No. STP -DPS -3854(1) Control No. 22508 Blair South Bypass Page 1 of 3 Template T -AGR -1 S Revised 8-4-14 AGREEMENT # BK1523 Sup # 2 SECTION 4. ENTIRE AGREEMENT The Original Agreement, any and all other previous supplements thereto, and this Supplemental Agreement, constitute the entire agreement ("The Agreement") between the Parties. The Agreement supersedes any and all other previous communications, representations, or other understandings, either oral or written; all terms and conditions of the Original Agreement and all previous supplements thereto, to the extent not superseded, remain in full force and effect, and are incorporated herein as if set forth in their entirety. SECTION 5. CONSULTANT CERTIFICATION AND REAFFIRMATION The undersigned duly authorized representative of Consultant, by signing this Supplemental Agreement, hereby reaffirms, under penalty of law, the truth of the certifications set out in the Original Agreement and all Supplements thereto, including this Supplement. Further, Consultant has a duty to inform LPA of any material changes in the accuracy of all assertions set out in the Original Agreement and all Supplements thereto. SECTION 6. CERTIFICATION OF LPA By signing this Supplemental Agreement, I do hereby certify that, to the best of my knowledge, Consultant or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay or agree to pay to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this certification is to be furnished to the FHWA, upon their request, in connection with this agreement involving participation of Federal -Aid highway funds and is subject to applicable LPA and federal laws, both criminal and civil. Project No. STP -DPS -3854(1) Control No. 22508 Blair South Bypass Page 2 of 3 Template T -AGR -1 S Revised 8-4-14 AGREEMENT # BK1523 Sup # 2 IN WITNESS WHEREOF, the Parties hereby execute this Supplemental Agreement pursuant to lawful authority as of the date signed by each party. Further, the Parties, by signing this Supplemental Agreement, attest and affirm the truth of each and every certification and representation set out herein. _ EXECUTED by Consultant this Z day of � C4ktWP V .20/0 FELSBURG HOLT & ULLEVIG Matt McFadden Principal STATE OF NEBRASKA ) )ss. DOUGLAS COUNTY) i SUBSCRIBED AND SWORN to before me this day o0 o'y�" , 201 GENERAL NOTARY -State of Nebraska �U—� 15� MARY K. STRUB _ My Comm. Exp. July 6, 2019 Notary P6HIic EXECUTED by LPA this 7 day of fan tl ctrLr .20/9 CITY OF BLAIR Jim Realph or Subscribed and sworn to before me this day of arJ 2018" STATE OF NEBRASKA DEPARTMENT OF ROADS Form of Agreement Approved for Federal Funding Eligibility: Date Project No. STP -DPS -3854(1) Control No. 22508 Blair South Bypass Template T -AGR -1S Revised 8-4-14 Page 3 of 3 AGREEMENT # BK1523 Sup # 2 Consultant {Mork Order (Local•Proiects)- Project No.: STP -DPS -385,4(i) C-ontrol No:: 22508 Consultant:(NameandRepresentadvgl Felsbung Holt & Ullevi ; Matt McFadden AgreemeraN9_ fyi+jy3 WorkOrderNo.: Constr. Cfiange Order No.: (Ifappi oWe) LPA (Name $rrif Representa6ly) 'City of Blair Al Schoemaker All parties agree -the following descp'bed•work needs to be p-eriorJned bythe-cpt�suttanhasRariofJte referenced project Ali parties concur and hereby give notice to proceed based on the'fot►owipg: ius�tfication to nLdY pgntrae; scope of. services, defnterables schedule, and'esffmated total fee: All otherterms ofE 4sfbnq agreements betbreen the parties are still in effect. It is understood by -all parties 8iat the-wo. itescnl?ed herein will becorme part.of•a.A t m-suppiement to ttte agreement indicated above. Justification to MOC* eWe=Wt'(tndude scoj* ofservi e4 deft w Wes aodscWgb) Proposed modifications to the project roadway aligttnren# Dave erminated, one -anticipated residential property acquisition. A.noise analysis in accordancewitii NDOT'guide44es is reeled to eualuate fhe affeeieci:residence and other receptors between US .30 and US 75. Noise impacts and rrtitigation.(if necessary)- will be -evaluated. Noise measurements wilt be gathered. A technical meMgranduM volt ba prepared. Ali work identified Is Work•Tft Summar! of Fee LPS PC for Preliminary A Total Direct Labor Cost — 3,i8p.91 B: Ouerh-ead-A) xA) = 5,341,70 _ Blair Bypass Traffic Noise Analysis --Blair C. A + B = 8;52261 D. Proftt/Fee•(Factor**x•G) = 1,163.34 Construction *Overhead Factor; 167.33% E DireciNorr Labor -Cos = 314.05. *"Profrf/Fee Factor, 13.659x6 F. $itbeonsuitant Services. = 0.00 Total Fee Notes: TOTAL FEE: it + D + E --+'F+ — $16,OOD.00 ® ESTIMATED TOTAL.FEE: ❑ FINAL TOTAL FEE: Work Order Authorization —May be -granted by email. and attached to this -document. Consultand wle412 Notice to Proceed Wame Zale will be granted by LPA: email by: LPS PC for Preliminary Name Sgnattae Nate Engirieptog & IPS PC (for PrerminaryEngineering)and Sfate Rep. (for. Constructian Engineering): CD PGlor Construction Engineering. Name 3lgnatuue Date LPS Unit / Name ✓�1 --` Signature pate FMISApproval Date: LPS anager or Construction Englneer7Construcfibn Phase): Marne SI gnhture Date FHWA: (FHINAApproyal on Full Oversight projects only). Notice to Proceed¢2W Name Sgnature - Date Distribution: Consultant, LPA—RC, State Rep., FHWA, LPS PC, NDOT Agreements Enggleer; HlghwayFunds Manager CD PC NDOT Form 230, September 17 IXHIBIT'B" Page t of7 DESCRIPTION OF PROJECT AND SCOPE OF SERVICES FOR CONSULTANT WORK ORDER #9 PROJECT. BLAIR SOUTH BYPASS NOISE STUDY PROJECT NUMBER. STP -DPS -3854(9), CONTROL NO. 22508 DESCRIPTION 01= TASKS AND ASSUMPTIONS The purpose of this Consultant Work Order is to add the Scope and Fee necessary to perform a Noise Study for the latest Blair South Bypass Project between US 30 and US 75. This segment was previously evaluated for traffic noise as part of the Blair Bypass Draft Environmental Impact Statement (EIS) in 2012. A proposed change in the roadway alignment has eliminated what had been an anticipated residential property acquisition. The re -alignment may also affect other project noise receptors in the area. The Bypass segment between US 30 and US 75 is now the only segment envisioned to be constructed, which affects predicted future traffic volumes publishedfused for the EIS. Therefore, a noise analysis reflecting the changed conditions and current proposed project needs to be completed in accordance with NDOT guidelines. The noise analysis for the project will examine Residences and other receptors near the project Noise impacts (if any) and mitigation (if necessary) will be evaluated. Two noise measurements will be gathered. Existing conditions will be 2016 and design year will be 2040. A technical memorandum presenting the methods and results will be prepared. These tasks are considered to be Out of Scope. All work will be completed by July 1, 2017. DESCRIPTION OF TASKS Consultation with NDOT and FHWA identified the following tasks be completed underthis CWO. 1. Noise Measurements and Modeling — Gather two project traffic noise measurements in accordance with NDOT policy. Nominally, one will be along US 30 and one along US 75. Perform noise modeling of the project corridor using TNM software for existing (2016) and 2040 Build conditions. Evaluate 2040 results for noise impacts due to the proposed project and evaluate noise abatement measures, as needed, 2. Technical Memorandum Preparation — Prepare a memorandum providing the methods and results for the noise analysis in accordance with NDOT policy. 3. Project Management & Quality Control —.Management, coordination and reviewtasks. 4. Progress Meeting — One meeting is anticipated to specifically discuss noise studyfreport ProjeotNa, STP DPS -3854(1), CN 22508 Blair SonthBypass Noise Study, Blair Work Order#1 EXHIBIT "B" Page 2 of 7 Project Name: Blair South Bypass Traffic Noise. Analysis Project Number. STP -DPS -38W1) Consultant: Felsburg Holt & Ullevig Control Number. 22508 Consultant PM: Matt McFadden NDOR PC: Nicole Taylor Date: November27, 2017 l FELS$URG 1 H C?. L T & C IIUILL-EVIG 167.93% 1365% i e /° BLENDED RATES TABLE TeWIIak T4Va.G,edcbev8.2 iso Cod �ifxca o o. sRio, I PR Principal 6 DES Designer 2 PM ro Pram Manager 7 TECH Technician 3 SENV Sc Environmental Scientist 8 ADM Administrative 4 ENV Environmental Scientist 9 UDI User Defined 1 5 SDES Sr. Designer 10 UD2 User Defined 2 BLENDED RATES TABLE TeWIIak T4Va.G,edcbev8.2 iso o. sRio, q e Principal Matt McFadden $7212 100% Blended Rate: $72.12 Sr. Environmental Scientist Dale Tischmak Associate $56.25 95% Allison Sambol avironmental Scientist V $45.91 5% Blended Rate: $55:73 Environmental Scientist Jodie Snyder Environmental Scientist IV $42.64 901/6 Adam Behmer Environmental Scientist 11 $32.45 10% Blended Rate: $41.62 Designer Blended Rate: Administrative Linda Stuchliik SeniorAdministrative Assistant $35.00 100% Blended Rate: $35.00 Staffing Plan EXHIBIT "B" Page 3 of 7 Project Name: Blair South Bypass Traffic Noise Analysis Project Number STP -DPS -3854(1) Consultant: Felsburg Holt& Unevig Control Number. 22508 Consultant PM: Matt McFadden NDOR PC: NiooleTaylor Date: November27,2017 � MMM ai 4"�,�-q �2 �,� ��`�(� ?-�x .. P . t Consultant's afanate of Hours EXHIBIT "B" Page 4 of 7 Project Name: Blair South BypassTraff'icNoise Analysis Project Number. STP -DPS -3854(1] Consultant: Felsburg Holt & Lllevig Control Number. 22508 Consultant PM: Matt McFadden NDORPC: NiooleTaylor Date: November27, 2017 O"M + ";a'>s K`i,(t{s#''{ • xI ,c • 1 > �• • � t Y�,r��,-lam �„sht a..c,.nu. 'ez��'� �%,Sey �I��CO"sr �. `Y 3r Yf�� Y ISL. mak, x _YE1 rI1lY��n, " • I w ®� o�<:.p1 [T.r'Y,,—°.I • �7. .. "', '•';, yh;aCuY�''.s"''i�,s��I„�-AJ_l7'L�,•`_�t.1-y''• F-71 ,', . Postage, phones, fax r: I • °-6 ° � ��—: �-.. u�.` ,.��s.sg�.; �Y_r". ��r. :� ter: a 1�� .:�.-.:a3 Direct Expenses EXHIBIT "B" Page 6 of 7 rt�yect Co`S=�eaKer� • - • - r .. r Project Name: Blair South Bypass Traffic Noise Analysis Project Number. STP-DPS3854(1) Consultant, Felsburg Holt & Ullevig Control Number. 22508" Consultant PM: Matt McFadden NDOR PC: Nicole Taylor Date: November27, 2017 Printing And R roduclion: X3180 91' Mileage/Travel: Principal 5 $72.12 _60 - L__,_496 Sr. Environmental Scientist 17 $55.73 20IRRO$94%_41 Y Environmental Scientist 45 $41.62 _ t$1 1372:90 Designer Administrative $35.00���y `_ A Printing And R roduclion: X3180 91' Mileage/Travel: Lodging/Meals; Y` ` Other Miscellaneous Costs - rire, 1,$3105 �,7 _,rx77 Fee for Profit Rate @ 13.66% Project Cost Breakdown IXHIBIT'B" Page 6 of 7 X3180 91' Direct Labor Costs' Overhead Q 167.93% $53417D Total Labor Costs Fee for Profit Rate @ 13.66% $1 163:3 Direct Expenses Project Cost Breakdown IXHIBIT'B" Page 6 of 7 ve - �. .-. Project Name: Blair South Bypass Traffic Noise Analysis Project Number. STP-DPSw3854(1) Consultant: Fetsburg Holt& Ullevig Control Number. 22508 Consultant PM: Matt McFadden NDORPC: Nicole Taylor -- Date: November 27 2017 IJotes 8 u4ssu n 'ohs €; K .r e x r _.� t mR, FHU has assumed that one site visit Hdll be required butihatno activities related to public outreach for any potential surveys ofthe opinions ofbenefitting receptors regarding potential noise abatement actions are included in this proposal, Notes and Assumptions EXHIBIT "B" Page 7 of 7 RESOLUTION 2018 - 1 PRELIMINARY ENGINEERING SERVICES AGREEMENT SUPPLEMENTAL AGREEMENT NO.2 — BIS] 523 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: Whereas: City of Blair and Felsburg Holt & Ullevig, have previously executed a Preliminary Engineering Services Agreement (BK1523) for a transportation project for which the Local Public Agency (LPA) would like to obtain Federal funds; Whereas: City of Blair understands that it must continue to strictly follow all Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of this Federal -aid project; and Whereas: City of Blair and Felsburg Holt & Ullevig, Inc. wish to enter into a preliminary engineering services supplemental agreement setting out modifications and/or additional duties and/or funding responsibilities for the Federal -aid project. Be It Resolved: by the City Council of the City of Blair, Nebraska that: Jim Realph, Mayor of City of Blair is hereby authorized to sign the attached Preliminary Engineering Services Supplemental Agreement No. 2 between the City of Blair and Felsburg Hotl & Ullevig. NDORProjectNumber: STP -DPS -3854(1) NDOR Control Number: 22508 NDOR Project Description: Blair South Bypass COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, HANSEN, WILLIS, WOLFF, ANDERSEN, HALL AND JENSEN VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2018. CITY OF BLA1R, NEBRASKA B— - %JS REA�MAY, ATTEST: BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA. ) ) :ss: WASHINGTON COUNTY ) BRENDAWHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of January, 2018. BRENDA WHEELER, CITY CLERK