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