2020 Olsson Agreement Project BTA SA-08 Pave TaxilaneAmo
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BTA SA -08
Olsson Project No. 019-3437
BLAIR MUNICIPAL AIRPORT
BLAIR, NEBRASKA
PROJECT DESCRIPTION (the "Project")
Pave Taxilane (250'x 37.5')
THIS AGREEMENT is made and entered into by and between the consulting firm of Olsson,
Inc. of Lincoln, Nebraska hereinafter called "Olsson" and the Blair Airport Authority of Blair,
Nebraska, hereinafter called the "Sponsor" or "Client".
For and in consideration of the mutual agreements hereinafter contained, the parties hereto
agree as follows:
SECTION 1: GENERAL
The Sponsor agrees to engage Olsson to provide the services described in Sections 2 through
6 (Olsson's "Scope of Services") for the Project.
Heather Olson, P.E. will represent Olsson as Project Manager in the performance of this
Agreement. No one else will be assigned to act in this capacity without the Sponsor's prior written
approval. The Project Manager shall be responsible for coordinating all activities necessary to
complete the Project.
Olsson will provide equipment and personnel necessary to complete the Scope of Services,
except as otherwise provided. Olsson shall be responsible for the quality, accuracy and coordination
of the design, drawings, reports, surveys and other items furnished by Olsson as part of this
Agreement.
Olsson agrees to provide its Scope of Services in a timely, competent and professional
manner, in accordance with applicable standards of care, for projects of similar geographic
location, quality and scope. This Agreement creates no other representation, warranty or
guarantee, express or implied.
Sponsor warrants that it has the authority to authorize Olsson to enter onto the Project
property and any adjacent property as necessary for Olsson to perform its Scope of Services.
601 P Street! Suite 2001 Lincoln, NE 68508
0 402.474.63111 otsson.com
j. Submit plans, specifications and contract documents to the Sponsor (1 copy), NDOT (1
copy) for review within 60 days of the date that the Sponsor executed this Agreement.
Olsson will affix the seal of a registered Professional Engineer licensed to practice in the State
of Nebraska to the construction plans and specification/contract bound volume. The original
documents, such as tracings, plans, specifications, maps, basic survey notes and sketches, charts,
computations and other data prepared or obtained under the terms of this Agreement are
instruments of service and shall remain Olsson's property. Reproducible copies of drawings and
copies of other pertinent data will be made available to the sponsor upon request. Copies of disks
containing all drawings will be furnished to the sponsor for their use. Olsson will provide, without
cost to the Sponsor and approving agencies, the necessary number of copies for review and
approval.
SECTION 4: BIDDING PHASE
Upon receipt of the NDOT's and Sponsor's authorization, Olsson will provide the following
services to assist the Sponsor in advertising and securing bids.
a. Provide sufficient copies of the approved plans and specifications to the Sponsor, plan
rooms and www.QuestCDN.com for advertising and bidding. Copies of the documents will
be furnished to prospective bidders at a cost fixed by Olsson.
b. Mail and/or email Notices to potential bidders and plan rooms. Contact contractors as
needed to promote general interest in the project. Maintain a plan holders list.
c. Answer questions raised during the bidding process.
d. Issue addenda as required.
e. City will perform bid opening and provide Engineer with tabulated bid results.
f. Analyze bid results.
g. Review bidders' qualifications.
h. Furnish a written recommendation to the Sponsor regarding the award of the construction
contract.
L After Sponsor's and NDOT approvals, prepare all executed contract documents necessary
for the project including bonds, insurance, contracts, drawings, etc. Bind the contract
documents with the specifications and provide one bound set each to NDOT and Sponsor,
and Contractor.
This phase will be considered complete when the executed construction contracts have been
approved by the Sponsor and NDOT. Readvertising, if necessary, will be negotiated under an
amendment to this Agreement.
3
Agreement will be negotiated to cover the increase in Olsson's standard rates for services yet to be
provided. All amendments are subject to the same approvals as this Agreement.
APPROVALS. It is understood and agreed that this Agreement and any amendments are subject
to approval by NDOT before any state funds are obligated.
OLSSON'S GENERAL PROVISIONS. The Sponsor and Olsson acknowledge that they have
reviewed Olsson's General Provisions and any Exhibits attached hereto, which are expressly
made a part of and incorporated into this Agreement by this reference. In the event of a conflict
or inconsistency between this Agreement and the General Provisions regarding the services to
be performed by Olsson, the requirements of the General Provisions shall take precedence.
EQUAL OPPORTUNITY EMPLOYER. Olsson and Sub -Consultant shall abide by the
requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit
discrimination against qualified individuals based on their status as protected veterans or
individuals with disabilities, and prohibit discrimination against all individuals based on their race,
color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these
regulations require that covered prime contractors and subcontractors take affirmative action to
employ and advance in employment individuals without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, disability or veteran status.
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized representatives, with copies to be filed with the Nebraska Department of
Transportation and the Federal Aviation Administration.
OLSSON, INC.
P.O. Box 84608
Lincoln, NE 68501
Executed by Olsson on this 5th day of November 2019.
By signing below, you acknowledge that you have full authority to bind the Sponsor to the
terms of the Agreement. If you accept the terms set forth herein, please sign.
BLAIR AIRPORT AUTHORITY
91u South 16T" Street
air, NE 68008
Title
Executed by the Sponsor on this I I day of ANCrnk-f-( 2019.
5
EXHIBIT A
SURVEY - TAXILANE
Blair Municipal Airport - BTA SA -08
1. Direct Salary Costs
Title
Team Leader
Sr. Project Engineer
Project Engineer
Elec. or Mech. Engineer
Assistant Engineer
Registered Surveyor
Sr. Technician
Assoc. Technician
Asst. Technician
Clerical
Total Direct Salary Costs: $1,325.30
2. Labor and General & Administrative Overhead
Percentage of Direct Salary Costs* 184.12% $2,440.14
3. Fixed Fee: 15% of Item 1 & 2 $564.82
4. Direct Nonsalary Expenses
Travel $100.00
Meals & Motel $0.00
Copies & Prints $20.00
Supplies, Phone, Misc. $0.00
Total Expenses: $120.00
5. Subtotal of Items 1 - 4 $4,450.26
6. Subcontract costs $0.00
7. Not -to -Exceed Total (Items 5 & 6) $4,450.26
Rounded: $4,500.00
* For Item 2, the consultant should submit a statement of auditable overhead expenses, certified by the consultant's auditor, the sponsor's
auditor, the state's auditor, or a Federal government auditor.
Direct Salary
Total
Hours
Rate/Hour
Costs
0.0
$73.85
$0.00
0.0
$59.00
$0.00
0.0
$51.90
$0.00
0.0
$68.00
$0.00
0.0
$36.00
$0.00
6.0
$47.80
$286.80
14.0
$29.00
$406.00
21.0
$27.50
$577.50
0.0
$26.00
$0.00
2.0
$27.50
$55.00
Total Direct Salary Costs: $1,325.30
2. Labor and General & Administrative Overhead
Percentage of Direct Salary Costs* 184.12% $2,440.14
3. Fixed Fee: 15% of Item 1 & 2 $564.82
4. Direct Nonsalary Expenses
Travel $100.00
Meals & Motel $0.00
Copies & Prints $20.00
Supplies, Phone, Misc. $0.00
Total Expenses: $120.00
5. Subtotal of Items 1 - 4 $4,450.26
6. Subcontract costs $0.00
7. Not -to -Exceed Total (Items 5 & 6) $4,450.26
Rounded: $4,500.00
* For Item 2, the consultant should submit a statement of auditable overhead expenses, certified by the consultant's auditor, the sponsor's
auditor, the state's auditor, or a Federal government auditor.
EXHIBIT C
BIDDING PHASE
Blair Municipal Airport - BTA SA -08
1. Direct Salary Costs
Title
Team Leader
Sr. Project Engineer
Project Engineer
Elec. or Mech. Engineer
Assistant Engineer
Registered Surveyor
Sr. Technician
Assoc. Technician
Asst. Technician
Clerical
Total Direct Salary Costs: $1,019.00
2. Labor and General & Administrative Overhead
Percentage of Direct Salary Costs* 184.12% $1,876.18
3. Fixed Fee: 15% of Item 1 & 2 $434.28
4. Direct Nonsalary Expenses
Travel
Meals & Motel
Copies & Prints
Supplies, Phone, Misc.
5. Subtotal of Items 1 - 4
6. Subcontract costs
7. Lump Sum Amount - Total Items 5 & 6
$0.00
$0.00
$430.00
$50.00
Total Expenses: $480.00
$3,809.46
$0.00
$3,809.46
Rounded: $3,800.00
* For Item 2, the consultant should submit a statement of auditable overhead expenses, certified by the consultant's auditor, the sponsor's
auditor, the state's auditor, or a Federal government auditor.
Direct Salary
Total
Hours
Rate/Hour
Costs
0.0
$73.85
$0.00
4.0
$59.00
$236.00
0.0
$51.90
$0.00
0.0
$68.00
$0.00
8.0
$36.00
$288.00
0.0
$47.80
$0.00
0.0
$29.00
$0.00
4.0
$27.50
$110.00
0.0
$26.00
$0.00
14.0
$27.50
$385.00
Total Direct Salary Costs: $1,019.00
2. Labor and General & Administrative Overhead
Percentage of Direct Salary Costs* 184.12% $1,876.18
3. Fixed Fee: 15% of Item 1 & 2 $434.28
4. Direct Nonsalary Expenses
Travel
Meals & Motel
Copies & Prints
Supplies, Phone, Misc.
5. Subtotal of Items 1 - 4
6. Subcontract costs
7. Lump Sum Amount - Total Items 5 & 6
$0.00
$0.00
$430.00
$50.00
Total Expenses: $480.00
$3,809.46
$0.00
$3,809.46
Rounded: $3,800.00
* For Item 2, the consultant should submit a statement of auditable overhead expenses, certified by the consultant's auditor, the sponsor's
auditor, the state's auditor, or a Federal government auditor.
FEDERAL CONTRACT PROVISIONS FOR A/E AGREEMENTS
ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "PRIME CONTRACTOR", "BIDDER",
AND "OFFEROR" SHALL PERTAIN TO THE ARCHITECT/ENGINEER (A/E).
ALL REFERENCES MADE HEREIN TO "SUBCONTRACTOR", "SUB -TIER TONTRACTOR" OR
"LOWER TIER CONTRACTOR"SHALL PERTAIN TO ANY SUBCONSULTANT UNDER CONTRACT
WITH THE A/E.
ALL REFERENCES MADE HEREIN TO "SPONSOR" AND "OWNER" SHALL PERTAIN TO THE
STATE, CITY, AIRPORT AUTHORITY OR OTHER PUBLIC ENTITY EXECUTING CONTRACTS
WITH THE A/E.
ACCESS TO RECORDS AND REPORTS
Reference: 2 CFR § 200.333, 2 CFR § 200.336, and FAA Order 5100.38
The contractor must maintain an acceptable cost accounting system. The contractor agrees to provide the
Sponsor, the Federal Aviation Administration, and the Comptroller General of the United Statesor any of
their duly authorized representatives access to any books, documents, papers, and records of the
contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The contractor agrees to maintain all books, records and reports
required under this contract for a period of not less than three years after final payment is made and all
pending matters are closed.
CIVIL RIGHTS—GENERAL
Reference: 49 USC § 47123
The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age,
or disability be excluded from participating in any activity conducted with or benefitingfrom Federal
assistance.
This provision binds the contractor and sub -tier contractors from the bid solicitation period through the
completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of
1964.
CIVIL RIGHTS — TITLE VI ASSURANCE
Reference: 49 USC § 47123 and FAA Order 1400.11
A) Title VI Solicitation Notice
The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Actof 1964 (78 Stat.
252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifiesall bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full and fairopportunity to submit bids in response to this invitation and will not be
discriminated against onthe grounds of race, color, or national origin in consideration for an award.
Page 1 of 10 Updated June 19, 2018
C) Title VI List of Pertinent Nondiscrimination Authorities
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination
statutes and authorities; including but not limitedto:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),(prohibits discrimination
on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -Assisted Programs of The Department of
Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include
all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether
such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure
that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 3 of 10 Updated June 19, 2018
RIGHT TO INVENTIONS
Reference: 2 CFR § 200 Appendix II (F) and 37 CFR §401
Contracts or agreements that include the performance of experimental, developmental, or research work
must provide for the rights of the Federal Government and the Owner in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business
Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by
reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must
include this requirement in all sub -tier contracts involving experimental, developmental or research work.
SEISMIC SAFETY
Reference: 49 CFR part 41
In the performance of design services, the Consultant agrees to furnish a building design and associated
construction specification that conform to a building code standard which provides a level of seismic safety
substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program
(NEHRP). Local building codes that model their building code after the current version of the International
Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design
services, the Consultant agrees to furnish the Owner a "certification of compliance" that attests
conformance of the building design and the construction specifications with the seismic standards of
NEHRP or an equivalent building code.
TRADE RESTRICTION CERTIFICATION
Reference: 49 USC § 50104 and 49 CFR part 30
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror:
a) is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States Trade
Representative (U.S.T.R.);
b) has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against
U.S. firms as published by the U.S.T.R; and
c) has not entered into any subcontract for any product to be used on the Federal on the project that
is produced in a foreign country included on the list of countries that discriminate against U.S.
firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and
the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution
under Title 18, United States Code, Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
Page 5 of 10 Updated June 19, 2018
Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve
driving a motor vehicle in performance of work activities associated with the project.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000
TERMINATION OF CONTRACT
Reference: 2 CFR § 200 Appendix II (B)
Termination for Convenience
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and
without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as
explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and
materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
Termination by Default
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are
essential to the completion of the work per the terms and conditions of the Agreement. The party initiating
the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to
terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions
necessary to cure the breach, and the effective date of the termination action. The rights and remedies in
this clause are in addition to any other rights and remedies provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure
of the Consultant to:
1) Perform the services within the time specified in this contract or by Owner approved extension;
2) Make adequate progress so as to endanger satisfactory performance of the Project;
3) Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must
deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the Engineer under this contract,
whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
Page 7 of 10 Updated June 19, 2018
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
Reference: 2 CFR § 200 Appendix II (E)
1) Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any such laborer ormechanic, including
watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation ata rate not less than
one and one-half times the basic rate of pay for all hours worked in excess offorty hours in such workweek.
2) Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract forthe District of
Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess ofthe standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph 1 above.
3) Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, fromany monies
payable on account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums
as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above.
4) Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphsl
through 4 and also a clause requiring the subcontractor to include these clauses in any lowertier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor orlower tier
subcontractor with the clauses set forth in paragraphs 1 through 4 of thissection.
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
Reference: 31 U.S.C. § 1352 — Byrd Anti -Lobbying Amendment; 2 CFR part 200, Appendix II (J); and 49 CFR
part 20, Appendix
The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his orher
knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or
Offeror, to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
Page 9 of 10 Updated June 19, 2018
A24 TAX DELINQUENCY AND FELONY CONVICTIONS
Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76),
and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 - Requirements for Procurement and Non -Procurement Regarding Tax Delinquency
and Felony Convictions
A24.2 APPLICABILITY
The sponsor must ensure that no funding goes to any contractor who:
• Has been convicted of a Federal felony within the last 24 months; or
• Has any outstanding tax liability for which all judicial and administrative remedies have lapsed or
been exhausted.
Contract Types —This provision applies to all contracts funded in whole or part with AIP.
Use of Provision —The following language is acceptable to the FAA and meets the intent of this
requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the
requirements of DOT Order 4200.6.
A24.3 CONTRACT CLAUSE
CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND
FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its
current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the
space following the applicable response. The applicant agrees that, if awarded a contract resulting from
this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
1) The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
2) The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a
criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant is
ineligible to receive an award unless the sponsor has received notification from the agency suspension
and debarment official (SDO) that the SDO has considered suspension or debarment and determined
that further action is not required to protect the Government's interests. The applicant therefore must
provide information to the owner about its tax liability or conviction to the Owner, who will then notify
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on June 19, 2018 A24-1
GENERAL PROVISIONS
These General Provisions are attached to and made a part of
the respective Letter Agreement or Master Agreement, dated
November 5, 2019 between Blair Airport Authority, Blair,
Nebraska ("Client") and Olsson, Inc. ("Olsson") for professional
services in connection with the project or projects arising under
such Letter Agreement or Master Agreement (the "Project(s)").
As used herein, the term "this Agreement" refers to these
General Provisions, the applicable Letter Agreement or Master
Agreement, and any other exhibits or attachments thereto as if
they were part of one and the same document.
SECTION 1—OLSSON'S SCOPE OF SERVICES
Olsson's scope of services for the Project(s) is set forth in the
applicable Letter Agreement or Master Agreement ("Scope of
Services").
SECTION 2—ADDITIONAL SERVICES
2.1 Unless otherwise expressly included, Scope of
Services does not include the categories of additional services
set forth in Sections 2.2 and 2.3.
2.2 If Client and Olsson mutually agree for Olsson to
perform any optional additional services as set forth in this
Section 2.2 ("Optional Additional Services"), Client will provide
written approval of the agreed-upon Optional Additional
Services, and Olsson shall perform or obtain from others such
services and will be entitled to an increase in compensation at
rates provided in this Agreement. Olsson may elect not to
perform all or any of the Optional Additional Services without
cause or explanation:
2.2.1 Preparation of applications and supporting
documents for governmental financial support of the Project(s);
preparation or review of environmental studies and related
services; and assistance in obtaining environmental approvals.
2.2.2 Services to make measured drawings of or to
investigate existing conditions of facilities.
2.2.3 Services resulting from changes in the general
scope, extent or character of the Project(s) or major changes in
documentation previously accepted by Client where changes
are due to causes beyond Olsson's control.
2.2.4 Services resulting from the discovery of
conditions or circumstances which were not contemplated by
Olsson at the commencement of this Agreement. Olsson shall
notify Client of the newly discovered conditions or
circumstances and Client and Olsson shall renegotiate, in good
faith, the compensation for this Agreement, if amended terms
cannot be agreed upon, Olsson may terminate this Agreement
and Olsson shall be paid for its services through the date of
termination.
2.2.5 Providing renderings or models.
2.2.6 Preparing documents for alternate bids
requested by Client.
2.2.7 Analysis of operations, maintenance or
overhead expenses; value engineering; the preparation of rate
schedules; earnings or expense statements; cash flow or
economic evaluations or; feasibility studies, appraisals or
valuations.
2.2.8 Furnishing the services of independent
professional associates or consultants for work beyond the
Scope of Services.
2.2.9 Services necessary due to the Client's award of
more than one prime contract for the Project(s); services
necessary due to the construction contract containing cost plus
or incentive -savings provisions; services necessary in order to
arrange for performance by persons other than the prime
contractor; or those services necessary to administer Client's
contract(s).
2.2.10 Services in connection with staking out the work
of contractor(s).
2.2.11 Services during out-of-town travel or visits to the
site beyond those specifically identified in this Agreement.
2.2.12 Preparation of operating and maintenance
manuals.
2.2.13 Services to redesign some or all of the
Project(s).
2.2.14 Preparing to serve or serving as a consultant or
witness or assisting Client with any litigation, arbitration or other
legal or administrative proceeding.
2.2.15 Services relating to Construction Observation,
Certification, Inspection, Construction Cost Estimating, project
observation, construction management, construction
scheduling, construction phasing or review of Contractor's
performance means or methods.
2.3 Whenever, in its sole discretion, Olsson determines
additional services as set forth in this Section 2.3 are necessary
to avoid a delay in the completion of the Project(s) ("Necessary
Additional Services"), Olsson shall perform or obtain from others
such services without waiting for specific instructions from
Client, and Olsson will be entitled to an increase in
compensation for such services at the standard hourly billing
rate charged for those employees performing the services, plus
reimbursable expenses, if any:
2.3.1 Services in connection with work directive
changes and/or change orders directed by the Client to any
contractors.
2.3.2 Services in making revisions to drawings and
specifications occasioned by the acceptance of substitutions
proposed by contractor(s); services after the award of each
contract in evaluating and determining the acceptability of an
unreasonable or excessive number of substitutions proposed by
contractor(s); or evaluating an unreasonable or extensive
number of claims submitted by contractor(s) or others in
connection with the Project(s).
2.3.3 Services resulting from significant delays,
changes or price increases occurring as a direct or indirect result
of material, equipment or energy shortages.
2.3.4 Additional or extended services during
construction made necessary by (1) work damaged during
construction, (2) a defective, inefficient or neglected work by any
contractor, (3) acceleration of the progress schedule involving
services beyond normal working hours, or (4) default by any
contractor.
Page 1 of 8 19-3868.01
harmless from any and all damages, liabilities or costs, including
reasonable attorneys' fees and defense costs, relating to such
actions and services.
3.9 Client releases Olsson from liability for any incorrect
advice, judgment or decision based on inaccurate information
furnished by Client or others.
3.10 If reasonable precautions will be inadequate to prevent
foreseeable bodily injury or death to persons resulting from a
material or substance, including hazardous materials,
encountered on the site, Olsson may immediately stop work in
the affected area and report the condition to Client. Client shall
be solely responsible for retaining independent consultant(s) to
determine the nature of the material and to abate or remove the
material. Olsson shall not be required to perform any services or
work relating to or in the area of such material until the material
has been removed or rendered harmless and only after
approval, if necessary of the government agency with
jurisdiction.
SECTION 4—MEANING OF TERMS
4.1 The "Cost of Construction" of the entire Project(s)
(herein referred to as "Cost of Construction") means the total
cost to Client of those portions of the entire Project(s) designed
and specified by Olsson, but it will not include Olsson's
compensation and expenses, the cost of land, rights-of-way, or
compensation for or damages to, properties unless this
Agreement so specifies, nor will it include Client's legal,
accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the
Project(s) or the cost of other services to be provided by others
to Client pursuant to Section 3.
4.2 The "Salary Costs": Used as a basis for payment mean
salaries and wages (base and incentive) paid to all Olsson's
personnel engaged directly on the Project(s), including, but not
limited to, engineers, architects, surveyors, designers,
draftsmen, specification writers, estimators, other technical and
business personnel; plus the cost of customary and statutory
benefits, including, but not limited to, social security
contributions, unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, sick leave,
vacation and holiday pay and other group benefits.
4.3 "Certify" or "a Certification": If included in the Scope of
Services, such services shall be limited to a statement of
Olsson's opinion, to the best of Olsson's professional
knowledge, information and belief, based upon its periodic
observations and reasonable review of reports and tests created
by Olsson or provided to Olsson. Olsson shall not be responsible
for constant or exhaustive observation of the work. Client
understands and agrees that any certifications based upon
discrete sampling observations and that such observations
indicate conditions that exist only at the locations and times the
observations were performed. Performance of such observation
services and certification does not constitute a warranty or
guarantee of any type, since even with diligent observation,
some construction defects, deficiencies or omissions in the work
may occur. Olsson shall have no responsibility for the means,
methods, techniques, sequences or procedures selected by the
contractor(s) or for the contractor's safety precautions and
programs nor for failure by the contractor(s) to comply with any
laws or regulations relating to the performance or furnishing of
any work by the contractor(s). Client shall hold its contractor(s)
solely responsible for the quality and completion of the
Project(s), including construction in accordance with the
construction documents. Any duty under this Agreement is for
the sole benefit of the Client and not for any third party, including
the contractor(s) or any subcontractor(s). Olsson shall sign pre-
printed form certifications only if (a) Olsson approves the form
of such certification prior to the commencement of its services,
(b) such certification is expressly included in the Scope of
Services, (c) the certification is limited to a statement of
professional opinion and does not constitute a warranty or
guarantee, express or implied. It is understood that any
certification by Olsson shall not relieve the Client or the Client's
contractors of any responsibility or obligation they may have by
industry custom or under any contract.
4.4 "Opinion of Probable Cost": An opinion of probable
construction cost made by Olsson. In providing opinions of
probable construction cost, it is recognized that neither the
Client nor Olsson has control over the costs of labor, equipment
or materials, or over the contractor's methods of determining
prices or bidding. The opinion of probable construction costs is
based on Olsson's reasonable professional judgment and
experience and does not constitute a warranty, express or
implied, that the contractor's bids or the negotiated price of the
work on the Project(s) will not vary from the Client's budget or
from any opinion of probable cost prepared by Olsson.
4.5 "Day": A calendar day of 24 hours. The term "days"
shall mean consecutive calendar days of 24 hours each, or
fraction thereof.
4.6 "Construction Observation": If included in the Scope of
Services, such services during construction shall be limited to
periodic visual observation and testing of the work to determine
that the observed work generally conforms to the contract
documents. Olsson shall not be responsible for constant or
exhaustive observation of the work. Client understands and
agrees that such visual observations are discrete sampling
procedures and that such procedures indicate conditions that
exist only at the locations and times the observations were
performed. Performance of Construction Observation services
does not constitute a warranty or guarantee of any type, since
even with diligent observation, some construction defects,
deficiencies or omissions in the work may occur. Olsson shall
have no responsibility for the means, methods, techniques,
sequences or procedures selected by the contractor or for the
contractor's safety precautions and programs nor for failure by
the contractor to comply with any laws or regulations relating to
the performance or furnishing of any work by the contractor.
Client shall hold its contractor(s) solely responsible for the
quality and completion of the Project(s), including construction
in accordance with the construction documents. Any duty under
this Agreement is for the sole benefit of the Client and not for
any third party, including the contractor or any subcontractor.
Client, or its designees shall notify Olsson at least twenty-four
(24) hours in advance of any field tests and observations
required by the construction documents.
4.7 "Inspect" or "Inspection": If included in the Scope of
Services, such services shall be limited to the periodic visual
observation of the contractor's completed work to permit Olsson,
as an experienced and qualified professional, to determine that
the observed work, generally conforms to the contract
documents. Olsson shall not be responsible for constant or
exhaustive observation of the work. Client understands and
agrees that such visual observations are discrete sampling
procedures and that such procedures indicate conditions that
exist only at the locations and times the observations were
performed. Performance of such observation services does not
constitute a warranty or guarantee of any type, since even with
Page 3 of 8 19-3868.01
6.3 Certification of Merit
Client agrees that it will not assert any claim, including but not
limited to, professional negligence, negligence, breach of
contract, misconduct, error, omission, fraud, or
misrepresentation ("Claim") against Olsson, or any Olsson
subconsultant, unless Client has first provided Olsson with a
sworn certificate of merit affidavit setting forth the factual and
legal basis for such Claim (the "Certificate"). The Certificate
shall be executed by an independent engineer ("Certifying
Engineer") currently licensed and practicing in the jurisdiction of
the Project site. The Certificate must contain: (a) the name and
license number of the Certifying Engineer; (b the qualifications
of the Certifying Engineer, including a list of all publications
authored in the previous 10 years and a list of all cases in which
the Certifying Engineer testified within the previous 4 years ; (c)
a statement by the Certifying Engineer setting forth the factual
basis for the Claim; (d) a statement by the Certifying Engineer
of each and every act, error, or omission that the Certifying
Engineer contends supports the Claim or any alleged violation
of any applicable standard of care; (e) a statement by the
Certifying Engineer of all opinions the Certifying Engineer holds
regarding the Claim or any alleged violation of any applicable
standard of care; (f) a list of every document related to the
Project reviewed by the Certifying Engineer; and (g) a list of
every individual who provided Certifying Engineer with any
information regarding the Project. The Certificate shall be
provided to Olsson not less than thirty (30) days prior to any
arbitration or litigation commenced by Client or not less than ten
(10) days prior to the initial response submitted by Client in any
arbitration or litigation commenced by someone other than
Client. The Certificate is a condition precedent to the right of
Client to assert any Claim in any litigation or arbitration and
Client's failure to timely provide a Certificate to Olsson will be
grounds for automatic dismissal of the Claim with prejudice.
SECTION 7—MISCELLANEOUS
7.1 Reuse of Documents
All documents, including drawings, specifications, reports,
boring logs, maps, field data, data, test results, information,
recommendations, or opinions prepared or furnished by Olsson
(and Olsson's independent professional associates and
consultants) pursuant to this Agreement ("Work Product"), are
all Olsson's instruments of service, do not constitute goods or
products, and are copyrighted works of Olsson. Olsson shall
retain an ownership and property interest in such Work Product
whether or not the Project(s) is completed. If Client has fully
satisfied all of its obligations under this Agreement, Olsson shall
grant Client a limited license to use the Work Product and Client
may make and retain copies of Work Product for use in
connection with the Project(s); however, such Work Product is
for the exclusive use and benefit of Client or its agents in
connection with the Project(s), are not intended to inform, guide
or otherwise influence any other entities or persons with respect
to any particular business transactions, and should not be relied
upon by any entities or persons other than Client or its agents
for any purpose other than the Project(s). Such Work Product is
not intended or represented to be suitable for reuse by Client or
others on extensions of the Project(s) or on any other Project(s).
Client will not distribute or convey such Work Product to any
other persons or entities without Olsson's prior written consent
which shall include a release of Olsson from liability and
indemnification by the third party. Any reuse of Work Product
without written verification or adaptation by Olsson for the
specific purpose intended will be at Client's sole risk and without
liability or legal exposure to Olsson, or to Olsson's independent
professional associates or consultants, and Client shall
indemnify and hold harmless Olsson and Olsson's independent
professional associates and consultants from all claims,
damages, losses and expenses including attorneys' fees arising
out of or resulting therefrom. Any such verification or adaptation
of Work Product will entitle Olsson to further compensation at
rates to be agreed upon by Client and Olsson.
7.2 Electronic Files
By accepting and utilizing any electronic file of any Work Product
or other data transmitted by Olsson, the Client agrees for itself,
its successors, assigns, insurers and all those claiming under or
through it, that by using any of the information contained in the
attached electronic file, all users agree to be bound by the
following terms. All of the information contained in any electronic
file is the work product and instrument of service of Olsson, who
shall be deemed the author, and shall retain all common law,
statutory law and other rights, including copyrights, unless the
same have previously been transferred in writing to the Client.
The information contained in any electronic file is provided for
the convenience to the Client and is provided in "as is" condition.
The Client is aware that differences may exist between the
electronic files transferred and the printed hard -copy original
signed and stamped drawings or reports. In the event of a
conflict between the signed original documents prepared by
Olsson and the electronic files, which may be transferred, the
signed and sealed original documents shall govern. Olsson
specifically disclaims all warranties, expressed or implied,
including without limitation, and any warranty of merchantability
or fitness for a particular purpose with respect to any electronic
files. It shall be Client's responsibility to confirm the accuracy of
the information contained in the electronic file and that it
accurately reflects the information needed by the Client. Client
shall not retransmit any electronic files, or any portion thereof,
without including this disclaimer as part of any such
transmissions. In addition, Client agrees, to the fullest extent
permitted by law, to indemnify and hold harmless Olsson, its
officers, directors, employees and sub consultants against any
and all damages, liabilities, claims or costs, including
reasonable attorney's and expert witness fees and defense
costs, arising from any changes made by anyone other than
Olsson or from any reuse of the electronic files without the prior
written consent of Olsson.
7.3 Opinion of Probable Cost
Since Olsson has no control over the cost of labor, materials,
equipment or services furnished by others, or over the
contractor(s)' methods of determining prices, or over competitive
bidding or market conditions, Olsson's Opinion of Probable Cost
provided for herein is made on the basis of Olsson's experience
and qualifications and represent Olsson's best judgment as an
experienced and qualified professional engineer, familiar with
the construction industry. Client acknowledges and agrees that
Olsson cannot and does not guarantee proposals or bids and
that actual total Project(s) or construction costs may reasonably
vary from Olsson's Opinion of Probable Cost. If prior to the
bidding or negotiating phase Client wishes greater assurance as
to total Project(s) or construction costs, Client shall employ an
independent cost estimator as provided in paragraph 3.4.3. If
Olsson's Opinion of Probable Cost was performed in
accordance with its standard of care and was reasonable under
the total circumstances, any services performed by Olsson to
modify the contract documents to bring the construction cost
within any limitation established by Client will be considered
Optional Additional Services and paid for as such by Client. If,
however, Olsson's Opinion of Probable Cost was not performed
Page 5 of 8 19-3868.01
photographs of the Project) on and in any and all formats and
media (including, but not limited to, Olsson's internet website)
throughout the world and in all languages in connection with or
in any manner relating to the marketing, advertising, selling,
qualifying, proposing, commercializing, and promotion of Olsson
and/or its services and business and in connection with any
other lawful purpose of Olsson. In the event of any conflict or
inconsistency between the provisions of this section and any
other prior or future nondisclosure, confidentiality or similar
agreement between the parties, the terms of this section shall
take precedence.
7.9.6 Nothing contained in this Agreement shall be
construed as altering any rights that the Disclosing Party has in
the Information exchanged with or disclosed to the Receiving
Party, and upon request, the Receiving Party will return all
Information received in tangible form to the Disclosing Party, or
at the Receiving Party's option, destroy all such Information. If
the Receiving Party exercises its option to destroy the
Information, the Receiving Party shall certify such destruction to
the Disclosing Party.
7.9.7 The parties acknowledge that disclosure or use
of Information in violation of this Agreement could cause
irreparable harm for which monetary damages may be difficult
to ascertain or constitute an inadequate remedy. Each party
therefore agrees that the Disclosing Party shall be entitled in
addition to its other rights to seek injunctive relief for any
violation of this Agreement.
7.9.8 The obligations of confidentiality set forth herein
shall survive termination of this Agreement but shall only remain
in effect fora period of one (1) year from the date the Information
is first disclosed.
7.10 Damage or Injury to Subterranean Structures or
Utilities, Hazardous Materials, Pollution and Contamination
7.10.1 To the extent that work pursuant to this
Agreement requires any sampling, boring, excavation, ditching
or other disruption of the soil or subsurface at the Site, Olsson
shall confer with Client prior to such activity and Client will be
responsible for identifying, locating and marking, as necessary,
any private subterranean structures or utilities and Olsson shall
be responsible for arranging investigation of public subterranean
structures or utilities through an appropriate utility one -call
provider. Thereafter, Olsson shall take all reasonable
precautions to avoid damage or injury to subterranean
structures or utilities which were identified by Client or the one -
call provider. Olsson shall not be responsible for any damage,
liability or costs, for any property damage, injury or economic
loss arising or allegedly arising from damages to subterranean
structures or utilities caused by subsurface penetrations in
locations approved by Client and/or the one call provider or not
correctly shown on any plans, drawings or utility clearance
provided to Olsson, except for damages caused by the
negligence of Olsson in the use of such information.
7.10.2 It is understood and agreed that any assistance
Olsson may provide Client in the disposal of waste materials
shall not result in Olsson being deemed as a generator,
arranger, transporter or disposer of hazardous materials or
hazardous waste as defined under any law or regulation. Title to
all samples and waste materials remains with Client, and at no
time shall Olsson take title to the above material. Client may
authorize Olsson to execute Hazardous Waste Manifest, Bill of
Lading or other forms as agent of Client. If Client requests
Olsson to execute such documents as its agent, the Hazardous
Waste Manifest, Bill of Lading or other similar documents shall
be completed in the name of the Client. Client agrees to
indemnify and hold Olsson harmless from any and all claims that
Olsson is a generator, arranger, transporter, or disposer of
hazardous waste as a result of any actions of Olsson, including,
but not limited to, Olsson signing a Hazardous Waste Manifest,
Bill of Lading or other form on behalf of Client.
7.10.3 At any time, Olsson can request in writing that
Client remove samples, cuttings and hazardous substances
generated by the Project(s) from the project site or other
location. Client shall promptly comply with such request, and
pay and be responsible for the removal and lawful disposal of
samples, cuttings and hazardous substances, unless other
arrangements are mutually agreed upon in writing.
7.10.4 Client shall release Olsson of any liability for,
and shall defend and indemnify Olsson against any and all
claims, liability and expense resulting from operations under this
Agreement on account of injury to, destruction of, or loss or
impairment of any property right in or to oil, gas, or other mineral
substance or water, if at the time of the act or omission causing
such injury, destruction, loss or impairment, said substance had
not been reduced to physical possession above the surface of
the earth, and for any loss or damage to any formation, strata,
reservoir beneath the surface of the earth.
7.10.5 Notwithstanding anything to the contrary
contained herein, it is understood and agreed by and between
Olsson and Client that the responsibility for pollution and
contamination shall be as follows:
7.10.5.1 Unless otherwise provided herein, Client
shall assume all responsibility for, including control and removal
of, and protect, defend and save harmless Olsson from and
against all claims, demands and causes of action of every kind
and character arising from pollution or contamination (including
naturally occurring radioactive material) which originates above
the surface of the land or water from spills of fuels, lubricants,
motor oils, pipe dope, paints, solvents, ballast, bilge and
garbage, except unavoidable pollution from reserve pits, wholly
in Olsson's possession and control and directly associated with
Olsson's equipment.
7.10.5.2 In the event a third party commits an act or
omission which results in pollution or contamination for which
either Olsson or Client, for whom such party is performing work,
is held to be legally liable, the responsibility therefore shall be
considered as between Olsson and Client, to be the same as if
the party for whom the work was performed had performed the
same and all of the obligations regarding defense, indemnity,
holding harmless and limitation of responsibility and liability, as
set forth herein, shall be specifically applied.
7.11 Controlling Law and Venue
The parties agree that this Agreement and any legal actions
concerning its validity, interpretation or performance shall be
governed by the laws of the State of Nebraska. It is further
agreed that any legal action between the parties arising out of
this Agreement or the performance of services shall be brought
in a court of competent jurisdiction in Nebraska.
Page 7 of 8 19-3868.01
BKO
CPAs & Advisors
July 3, 2019
Mr. Mike Hodge
Olsson Associates
601 P Street
Lincoln, Nebraska 68508
RE: Overhead Expense Factor
Dear Mike:
1248 "q" Street, Suite 1040 1 Lincoln, NE 68508-1461
402.473.76001 Fax 402.473.7698 1 bkd.com
In response to your request, we have provided a recap of the computed amount of overhead expenses
incurred in 2018 based on the audited Schedules of Indirect Costs and Costs with Adjustments as of and
for the year ended December 31, 2018. Summarized below is your FAR Combined Overhead Rate that is
detailed in the audit:
Combined FAR Overhead Rate (Including Computer Expenses) — 184.12%
Total fringe benefits 34,447,042
Total general and administrative expenses 48,456,372
Computer expenses (as described in Note 5)
of the Schedules) 7,831,643
90,735,057
Less computer expenses already included in
general and administrative expenses (711,914)
90,023,143
Divided by direct labor 48,893,588
$ 1.8412
In summary, for every $1.00 of direct labor paid, there is $1.84 in overhead expenses attributable to that
labor.
Sincerely,
Stephanie L. Christolear
Director
SLC/RFT/amw