2020-17RESOLUTION 2020-17
SIGNING OF FINAL DESIGN SERVICES AGREEMENT — BK2003
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
Whereas: City of Blair is developing a transportation project for which it intends to obtain
Federal funds;
Whereas: City of Blair as a sub -recipient of Federal -Aid funding is charged with the
responsibility of expending said funds in accordance with Federal, State and local laws, rules,
regulations, policies and guidelines applicable to the funding of the Federal -aid project;
Whereas: City of Blair and Felsburg, Holt & Ullevig, Inc. wish to enter into a Professional
Services Agreement to provide final design services for the Federal -aid project.
Be It Resolved: by the City Council of the City of Blair, Nebraska that:
Richard Hansen, Mayor of the City of Blair City Council, is hereby authorized to sing the
attached final design services agreement between City of Blair, Nebraska and Felsburg, Holt &
Ullevig, Inc.
NDOR Project Number: STP -DPS -3854(1)
NDOR Control Number: 22508
Project Location: Blair South Bypass
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER RUMP. UPON
ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, WILLIS, RUMP, ANDERSEN,
JENSEN, HALL AND WOLFF VOTING "AYE", AND COUNCIL MEMBERS NONE
VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 14TH DAY OF APRIL 2020.
CITY OF BLAIR, NEBRASKA
BY
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER 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 14th day of April, 2020.
BRENDA WHEELER, CITY CLERK
Agreement No. Bk2003
NTP Date
Agreement Amount CPFF $458,200.00
PROFESSIONAL SERVICES AGREEMENT
LPA PROJECTS
ENGINEERING SERVICES
CITY OF BLAIR, NEBRASKA
FELSBURG, HOLT & ULLEVIG, INC.
PROJECT NO. STP -DPS -3854(1)
CONTROL NO. 22508
BLAIR SOUTH BYPASS
THIS AGREEMENT is between the CITY OF BLAIR, NEBRASKA ("LPA") and FELSBURG,
HOLT & ULLEVIG, INC. ("Consultant"), collectively referred to as the "Parties".
WITNESSETH
WHEREAS, State is authorized by state law to assist Nebraska Local Public Agencies,
hereinafter referred to as LPA or LPAs, with obtaining and expending federal funds for local
transportation projects, and
WHEREAS, State is presently assisting LPAs in the development of Federal -aid LPA
transportation projects for local streets, roads and facilities, and
WHEREAS, LPA desires that this project be developed and constructed under the designation
of Project No. STP -DPS -3854(1) and formally authorizes the signing of this Agreement, as
evidenced by the Resolution of LPA dated L/ day of &ri ( 20 ZU
attached as Exhibit "D" and incorporated herein by this reference, and
WHEREAS, LPA used a qualification based selection process to select Consultant to provide
Preliminary Engineering services, hereinafter referred to as Services, and
WHEREAS, Consultant is qualified to do business in Nebraska and has met all requirements of
the Nebraska Board of Engineers and Architects to provide consultant engineering services in
the State of Nebraska, and
WHEREAS, LPA and Consultant wish to enter into this Agreement to specify the duties and
obligations of the Parties for the Services described herein, and
WHEREAS, Consultant is willing to perform Services in accordance with the terms hereinafter
provided, agrees to comply with all federal, state, and local laws and ordinances applicable to
this Agreement, and agrees to comply with all applicable federal -aid transportation project
related program requirements, so that Consultant's costs under this agreement will be eligible
for federal reimbursement, and
WHEREAS, LPA and Consultant intend that these Services be completed in accordance with
the terms and conditions of the Nebraska LPA Guidelines Manual for Federal Aid Projects;
hereinafter referred to as LPA Manual (See definition in Section 1), and
WHEREAS, Consultant should request from LPA or State the contact information for
Consultant's primary point of contact for this project, and
WHEREAS, the Parties understand that this Agreement will be posted to a publically accessible
database of State agreements pursuant to the requirements Neb.Rev.Stat. § 84-602.04.
NOW THEREFORE, in consideration of these facts and mutual promises, the Parties hereto
agree as follows:
T-AGRA (rev 8-09-18) Page 1 of 16
PROFESSIONAL SERVICES AGREEMENT
SECTION 1. DEFINITIONS
WHEREVER in this Agreement the following terms are used, they shall have the following
meaning:
"LPA" for this Agreement LPA means CITY OF BLAIR, NEBRASKA who has jurisdictional
responsibility over the transportation facility that will be the subject of this Agreement with
Consultant. In this Agreement, LPA may also be used to refer to all Local Public Agencies,
collectively. Local Public Agencies include, but are not necessarily limited to; Nebraska Cities,
Villages, Counties, Political Subdivisions, Native American Tribes, and other entities or
organizations found to be eligible sub recipients of federal funds for transportation projects.
"CONSULTANT" means the firm of FELSBURG, HOLT & ULLEVIG, INC. and any
employees thereof, whose business and mailing address is 315 S. 9th St. Lincoln, Nebraska
68508.
"SUBCONSULTANT/SUBCONTRACTOR" means the firm of ERHART GRIFFIN &
ASSOCIATES and any employees thereof, whose business and mailing address is 3552
Farnam Street, Omaha, Nebraska 68131
"LPA MANUAL" means the Nebraska Department of Transportation's LPA Guidelines Manual
for Federal -Aid Projects. The LPA Manual is a document approved by the Federal Highway
Administration (FHWA) that sets out the requirements for local federal -aid projects to be eligible
for federal reimbursement; the LPA Manual can be found in its entirety at the following web
address: http://dot.nebraska.gov/media/6319/lpa-guidelines.pdf.
"STATE" means the Nebraska Department of Transportation in Lincoln, Nebraska, its Director,
or authorized representative. The State will act as an agent of LPA and will represent the
interests of the United States Department of Transportation in the development and construction
of such LPA's project when State is managing the project on behalf of the LPA.
"FHWA" means the Federal Highway Administration, United States Department of
Transportation, Washington, D.C. 20590, acting through its authorized representatives.
SECTION 2. This section has intentionally been left blank.
SECTION 3. This section has intentionally been left blank.
SECTION 4. NOTICE TO PROCEED AND COMPLETION SCHEDULE
4.1 State on behalf of LPA, will issue Consultant a written Notice -to -Proceed upon 1) full
execution of this Agreement, 2) LPA's determination, or State's determination on LPA's
behalf, that federal funding approval has been obtained for the project and 3) State's
concurrence that the form of this Agreement is acceptable for federal funding eligibility.
Any work or services performed by Consultant on the project prior to the date specified
in the written Notice -to -Proceed will not be eligible for reimbursement.
4.2 In the event that prior to the Effective Date of this Agreement, LPA or State, on LPA's
behalf, issue Consultant a Notice -to -Proceed and Consultant began work, State, on
LPA's behalf, will pay for such work in accordance with this Agreement and the Parties
are bound by this Agreement as if the work had been completed after the Effective Date
of the Agreement.
4.3 Consultant shall complete the Services according to the schedule in attached Exhibit "A"
and shall complete all Services required under this Agreement in a satisfactory manner
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PROFESSIONAL SERVICES AGREEMENT
by February 17, 2022. Costs incurred by Consultant after the completion date, are not
eligible for reimbursement unless Consultant has received a written extension of time
from LPA or State, on LPA's behalf. Extensions of the time to complete the Services
must not be construed as an extension to the duration of the agreement.
4.4 The completion date will not be extended because of any avoidable delay attributed to
Consultant, but delays not attributable to Consultant, such as delays attributable to LPA
or State, may, upon request, constitute a basis for an extension of time.
SECTION 5. DURATION OF THE AGREEMENT (Matches Construction Project Lifespan)
5.1 Effective Date — This Agreement is effective when executed by the Parties.
5.2 Expiration Date -- This Agreement expires when State has (a) completed the project final
audit and cost settlement or (b) waived the requirement of a financial audit.
5.3 Duration of the Agreement — The Agreement duration is from the Effective Date to the
Expiration Date. The Agreement duration is "specified" under Neb. Rev. Stat. § 73-506
to the period of time necessary for a Consultant to complete the applicable phase or
phases of the development of this particular federal, state or locally funded construction
project, including when applicable, the time during construction of the project.
5.4 Identifying Date — This Agreement may be identified by the date LPA signed the
agreement.
5.5 Termination or Suspension — LPA, or State on LPA's behalf, reserves the right to
terminate or suspend this Agreement at any time for any of the reasons provided herein.
SECTION 6. SCOPE OF SERVICES
6.1 LPA and Consultant understand that the Services provided by Consultant must be
completed in accordance with all federal -aid reimbursement requirements and
conditions. Consultant shall provide Final Design for project STP -DPS -3854 Blair South
Bypass, in City of Blair, Nebraska. The Scope of Services ("Services") is outlined in
Exhibit "A" attached and incorporated herein by this reference.
6.2 Exhibit "A" is the result of the following process:
• Consultant was provided with a document describing the detailed proposed
Scope of Services for thip project
• Consultant made necessary and appropriate proposed additions, deletions, and
revisions to the detailed Scope of Services document
• Consultant participated in a review of the proposed Scope of Services, and the
proposed revisions, and negotiated the final detailed Scope of Services and Fee
Proposal document, as shown in Exhibit "A".
6.3 LPA, or State on LPA's behalf, has the absolute right to add or subtract from the Scope
of Services at any time and such action on its part will in no event be deemed a breach
of this agreement. The addition or subtraction will become effective seven days after
mailing written notice of such addition or subtraction.
6.4 Any change in the Services will follow the process specified in the Out of Scope Services
and Consultant Work Orders section in Exhibit "B", attached and incorporated herein by
this reference.
SECTION 7. STAFFING PLAN (PE)
7.1 Consultant has provided LPA and State with Staffing Plan(s), described in Exhibit "A"
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The Staffing Plan(s) identifies the employees of Consultant and Subconsultant who are
anticipated to provide Services under this Agreement. Consultant understands that LPA
and State are relying on key personnel from the Staffing Plan(s) to be primarily
responsible for completing the Services under this Agreement. LPA and State consider
the Principals, Senior level staff, Project Managers, Team Leaders or other similar
classifications, to be the key personnel for the Services provided. Consultant and
Subconsultant may make occasional temporary changes to the key personnel. However,
any permanent change to Consultant's or Subconsultant's key personnel will require prior
written approval from LPA, or State on LPA's behalf.
7.2 Personnel who are added to the Staffing Plan as replacements must be persons of
comparable training and experience. Personnel added to the Staffing Plan as new
personnel and not replacements must be qualified to perform the intended services.
Failure on the part of Consultant or Subconsultant to provide acceptable replacement
personnel or qualified new personnel to keep the Services on schedule will be cause for
termination of this Agreement, with settlement to be made as provided in Exhibit "B".
SECTION 8. This section has intentionally been left blank.
SECTION 9. NEW EMPLOYEE WORK ELIGIBILITY STATUS
9.1 Consultant agrees to use a federal immigration verification system to determine the work
eligibility status of new employees physically performing services within the State of
Nebraska. Consultant agrees to contractually require any subconsultants to use a
federal immigration verification system to determine the work eligibility status of new
employees physically performing services within the State of Nebraska. A federal
immigration verification system means the electronic verification of the work
authorization program authorized by the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E -Verify Program, or an
equivalent federal program designated by the United States Department of Homeland
Security or other federal agency authorized to verify the work eligibility status of a newly
hired employee.
9.2 The undersigned duly authorized representative of Consultant, by signing this
Agreement, hereby attests to the truth of the following certifications, and agrees as
follows:
Neb.Rev.Stat. � 4-114. 1 certify compliance with the provisions of Section 4-114
and, hereby certify that this Consultant shall register with and use a federal
immigration verification system to determine the work eligibility status of new
employees physically performing services within the State of Nebraska. I agree
to require all subconsultants, by contractual agreement, to require the same
registration and verification process.
9.3 If Consultant is an individual or sole proprietorship, the following applies:
a. Consultant must complete the United States Citizenship Attestation form and
attach it to this Agreement. This form is available on the Department of
Transportation's website at http://dot.nebraska..qov/media/2802/ndot289.pdf.
b. If Consultant indicates on such Attestation form that he or she is a qualified alien,
Consultant agrees to provide the US Citizenship and Immigration Services
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documentation required to verify Consultant lawful presence in the United States
using the Systematic Alien Verification for Entitlements (SAVE) Program.
C. Consultant understands and agrees that lawful presence in the United States is
required and Consultant may be disqualified or the contract terminated if such
lawful presence cannot be verified as required by Neb.Rev.Stat. §4-108.
SECTION 10. FEES AND PAYMENTS
10.1 Consultant's fee proposal is attached as Exhibit "B" and incorporated herein by this
reference.
10.2 The general provisions concerning payment under this Agreement are attached as
Exhibit "B".
SECTION 11. CONSULTANT'S PERFORMANCE (LPA PE)
11.1 Standard of Performance
Consultant shall complete the Services under this Agreement exercising the degree of
skill, care, and diligence consistent with the applicable professional standards
recognized by such profession and observed by national firms performing services of the
type provided for in this Agreement. Consultant shall complete the Services exercising
good and sound professional judgment and practices. Consultant's Services shall
conform to applicable licensing requirements, industry standards, statutes, laws, acts,
ordinances, and rules and regulations.
11.2 Quality of Service
Consultant agrees to perform all Services hereunder using qualified personnel
consistent with good professional practice in the state of the art involved, and that
performance of its personnel will reflect their best professional knowledge, skill, and
judgment. Consultant agrees to permit LPA, or State on LPA's behalf, access at all
times to the work product for purposes of reviewing same and determining that the
Services are being performed in accordance with the terms of this Agreement.
11.3 Performance Evaluation
11.3.1 LPA, or State on LPA's behalf, retains the discretion to conduct an evaluation of
Consultant's performance at any time. Consultant's performance may be subject
to an evaluation in the following performance categories: (1) communication and
cooperation; (2) quality; (3) recordkeeping; (4) timeliness; (5) scope and budget;
(6) project manager; and (7) technical performance. Consultant understands that
if LPA, or State on LPA's behalf, determines that Consultant's performance is not
meeting, has not met, or is at risk of not meeting the Standard of Performance
set out herein, LPA, or State on LPA's behalf, may conduct a Consultant
Performance Evaluation based on the applicable foregoing performance
categories. If LPA, or State on LPA's behalf, chooses to conduct a Consultant
Performance Evaluation, LPA, or State on LPA's behalf, will notify Consultant of
the evaluation including necessary instructions and procedures for complying
with the evaluation.
11.3.2 Consultant shall, to the fullest extent reasonable, implement and make
modifications and changes in response to the evaluation, correct deficiencies,
implement improvements, and improve performance to comply with the terms of
this Agreement in response to the Performance Evaluation. LPA's or State's
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remedies for substandard performance will apply even in the absence of a
Consultant Performance Evaluation.
11.4 LPA's or State's Remedies for Substandard Performance
Upon notice of substandard performance of Services revealed during or after the
construction of the project, Consultant shall re -perform the Services at no cost to LPA or
State. Further, Consultant shall reimburse LPA or State for any costs incurred by LPA or
State for necessary remedial work. Consultant shall respond to LPA's or State's notice
of any errors, omissions, or negligence within twenty four (24) hours and give immediate
attention to necessary corrections to minimize any delays to the project. This may
involve visits by Consultant to the project site, if directed by LPA or State. If Consultant
discovers errors, omissions, or negligence in its Services, Consultant shall notify LPA
and State of the errors within three (3) business days. Failure of Consultant to notify
LPA and State constitutes a breach of this Agreement.
If Consultant fails to re -perform the Services, or if LPA or State determines that
Consultant will be unable to correct substandard Services before the time specified for
completion in this Agreement, LPA or State may correct such unsatisfactory Services; or
may use third parties and charge Consultant for the costs incurred.
If LPA or State requires Consultant to remedy any deficiencies in the Services,
Consultant shall make such corrections at no additional cost to LPA or State. Any
increase or decrease in the scope of the Services or any modification of the
specifications will be made only by written agreement signed by the Parties. Consultant
shall bear legal liability for all damages incurred by LPA or State caused by Consultant's
errors, omissions, or negligent acts without liability or expense to LPA or State. The
rights and remedies of LPA or State provided herein are in addition to any other
remedies provided by law.
SECTION 12. CONSULTANT'S ACCOUNTABILITY FOR ITS SERVICES (LPA)
12.1 Consultant agrees that LPA and State will rely on the professional training, experience,
performance and ability of Consultant. Consultant agrees that examination by LPA,
State, or Federal Highway Administration of the United States Department of
Transportation (FHWA), approval, acceptance, use of, or acquiescence in Consultant's
Services, will not be considered a full and comprehensive examination and will not be
considered approval of Consultant's Services that would relieve Consultant from liability
or expense connected with Consultant's sole responsibility for the propriety and integrity
of Consultant's Services pursuant to this Agreement. Consultant agrees that LPA's or
State's declining to approve Consultant's services will not be deemed an acceptance of
defective services or relieve Consultant of its obligations and liabilities with respect to
such services.
12.2 Consultant agrees that acceptance or approval of any of the services of Consultant by
LPA or State or of payment, partial or final, will not constitute a waiver of any rights of
LPA or State to recover from Consultant damages caused by Consultant due to error,
omission, or negligence of Consultant in its services.
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SECTION 13. DISPUTES
Any dispute concerning a question of fact in connection with the work will be addressed in
accordance with LPA Manual Section 4.4.3.5 DISPUTE RESOLUTION.
SECTION 14. SUSPENSION OR TERMINATION.(PE 2-25-16)
14.1 Suspension or Termination
LPA or State, on LPA's behalf, has the absolute right to suspend the work, or terminate
this Agreement at any time and for any reason and such action on its part will in no
event be deemed a breach of this Agreement. Without limiting the rights set out in this
section, the following is a non-exclusive list of the examples of the circumstances under
which LPA or State may suspend or terminate this Agreement:
a. A loss, elimination, decrease, or re -allocation of funds that make it difficult, unlikely
or impossible to have sufficient funding for the Services or the project;
b. The Services or the project are abandoned for any reason;
C. Funding priorities have changed;
d. LPA's or State's interests are best protected by suspension or termination of this
Agreement;
e. Consultant fails to meet the schedule, milestones, or deadlines established in this
Agreement or agreed to in writing by the Parties;
f. Consultant fails to provide acceptable replacement personnel or qualified new
personnel;
g. Consultant has not made sufficient progress to assure that the Services are
completed in a timely manner;
h. Consultant fails to meet the standard of care applicable to the Services;
i. Consultant fails to meet the performance requirements of this Agreement;
j. Consultant's breach of a provision of this Agreement or failure to meet a condition
of this Agreement;
k. Consultant's unlawful, dishonest, or fraudulent conduct in Consultant's professional
capacity;
I. Consultant fails to complete the project design in a form that is ready for letting a
contract for construction according to the approved contract documents, including,
but not limited to, project plans and specifications;
14.2 This section has intentionally been left blank..
14.3 Suspension
a. Suspension for Convenience. If LPA or State, on LPA's behalf, suspends the work
for convenience, Consultant will be given notice of the date of suspension, which
date will be no fewer than three (3) business days after notice is given. Such
notice will provide the reason(s) for such suspension. Consultant will not be
compensated for any Services completed or costs incurred after the date of
suspension. Consultant shall provide LPA and State a detailed summary of the
current status of the Services completed and an invoice of all costs incurred up to
and including the date of suspension.
b. Suspension for Cause. If LPA or State, on LPA's behalf, suspends the work for
cause or for issues related to performance, responsiveness or quality that must be
corrected by Consultant, Consultant will be given notice of the date of suspension,
which date will be no fewer than three (3) business days after notice is given. The
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notice of suspension will provide Consultant with the reason(s) for the suspension,
a timeframe for Consultant to correct the deficiencies, and when applicable, and a
description of the actions that must be taken for LPA or State to rescind the
suspension. Consultant's right to incur any additional costs will be suspended at
the end of the day of suspension and will continue until all remedial action is
completed to the satisfaction of LPA and State. Failure to correct the deficiencies
identified in a suspension will be grounds for termination of this Agreement.
14.4 Termination
If LPA or State, on LPA's behalf, terminates this Agreement, Consultant will be given
notice of the date of termination, which will be no fewer than three (3) business days
after notice is given. The notice of termination will provide Consultant with a description
of the reason(s) for the termination. The notice must specify when the Agreement will be
terminated along with the requirements for completion of the work under the Agreement.
Consultant's right to incur any additional costs will cease at the end of the day of
termination or as otherwise provided.
14.5 Compensation upon suspension or termination
If LPA or State, on LPA's behalf, suspends the work or terminates the Agreement,
Consultant must be compensated in accordance with the provisions set out in Exhibit
"B", provided however, that in the case of suspension or termination for cause or for
Consultant's breach of this Agreement, LPA or State, on LPA's behalf, will have the
power to suspend payments, pending Consultant's compliance with the provisions of this
Agreement. In the event of termination of this Agreement for cause, LPA or State, on
LPA's behalf, may make the compensation adjustments set out in Exhibit "B".
SECTION 15. OWNERSHIP OF DOCUMENTS
15.1 All surveys, maps, studies, reports, computations, charts, plans, specifications,
electronic data, shop drawings, diaries, field books, and other project documents
prepared or obtained under the terms of this Agreement are the property of LPA.
Consultant shall deliver these documents to LPA at the conclusion of the project for
inclusion in LPA's federal -aid file.
15.2 LPA acknowledges that such data may not be appropriate for use on an extension of the
Services covered by this Agreement or on other projects. Any use of the data for any
purpose other than that for which it was intended without the opportunity for Consultant
to review the data and modify it if necessary for the intended purpose will be at LPA's
sole risk and without legal exposure or liability to Consultant.
15.3 Further, Consultant shall keep time sheets and payroll documents in Consultant's files
for at least three years from the completion of final cost settlement by FHWA and project
closeout by State.
SECTION 16. CONFLICT OF INTEREST LAWS
Consultant shall review the Conflict of Interest provisions of 23 CFR 1.33 and 49 CFR
18.36(b)(3) and agrees to comply with all the Conflict of Interest provisions in order for LPA's
project to remain fully eligible for federal funding. By signing this Agreement, Consultant
certifies that Consultant is not aware of any financial or other interest Consultant has that would
violate the terms of these federal provisions.
SECTION 17. USE AND/OR RELEASE OF PRIVILEGED OR CONFIDENTIAL INFORMATION
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17.1 Certain information provided by LPA or State to Consultant is confidential information
contained within privileged documents protected by 23 U.S.C. §409. "Confidential
information" means any information that is protected from disclosure pursuant to state
and federal law and includes, but is not limited to, accident summary information, certain
accident reports, diagnostic evaluations, bridge inspection reports, and any other
documentation or information that corresponds with said evaluations or reports, and any
other information protected by 23 U.S.C. §409. 'Privileged document" means any
document pertaining to any file or project maintained by LPA or State that is privileged
and protected from disclosure, pursuant to appropriate state and federal law, including
any document containing attorney-client communications between an LPA or State
employee and Legal Counsel. This confidential and privileged information is vital and
essential to Consultant in order that Consultant adequately design the project at hand on
behalf of LPA or State.
17.2 Consultant agrees it will only use any information or documentation that is considered to
be privileged or confidential for the purposes of executing the services by which it has
agreed to render for LPA or State for the project at hand only. Consultant agrees not to
reveal, disseminate, or provide copies of any document that is confidential and privileged
to any individual or entity. LPA or State agrees that any information or documentation
that is considered to be privileged or confidential that is provided to Consultant will be
marked with the following information (Approved 1114111):
"CONFIDENTIAL INFORMATION: Federal Law, 23 U.S.0 §409, prohibits the
production of this document or its contents in discovery or its use in evidence in a
State or Federal Court. The State of Nebraska [or LPA] has not waived any
privilege it may assert as provided by that law through the dissemination of this
document and has not authorized further distribution of this document or its
contents to anyone other than the original recipient."
17.3 Consultant agrees to obtain the written approval of LPA and State prior to the
dissemination of any privileged or confidential information or documentation if it is
unclear to Consultant whether such information or documentation is in fact privileged or
confidential.
17.4 Consultant and LPA or State agree that any unauthorized dissemination of any
privileged or confidential information or documentation on the part of Consultant will
create liability on the part of Consultant to LPA or State for any damages that may occur
as a result of the unauthorized dissemination. Consultant agrees to hold harmless,
indemnify, and release LPA or State from any liability that may ensue on the part of LPA
or State for any unauthorized dissemination of any privileged or confidential information
or documentation on the part of Consultant.
SECTION 18. FORBIDDING USE OF OUTSIDE AGENTS (Standard provision)
Consultant warrants that it has not employed or retained any company or person, other than a
bona fide employee working for Consultant, to solicit or secure this Agreement, and that it has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this warranty,
LPA or State has the right to annul this Agreement without liability or, in its discretion, to deduct
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from the agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
SECTION 19. GENERAL COMPLIANCE WITH LAWS
Consultant agrees to comply with all federal, state, and local laws and ordinances applicable to
the work in effect at the time of the work. If Consultant is found to have been in violation of any
applicable federal, state, or local laws and ordinances, such violation may be the basis for the
suspension or termination under this Agreement.
SECTION 20. RESPONSIBILITY FOR CLAIMS AND LIABILITY INSURANCE (1-24-12)
20.1 Consultant agrees to hold harmless LPA and State from all claims and liability due to the
error, omission, or negligence of Consultant or Consultant's agents or employees in the
performance of Services under this Agreement. It is expected that in carrying out the
work under this Agreement, Consultant will make various decisions and judgments and
Consultant will determine what actions are required by Consultant and by others to
properly complete the work. Nothing in this Agreement shall be interpreted to relieve
Consultant from any liability it would otherwise have to LPA or State in carrying out the
work under this Agreement.
20.2 For the duration of this Agreement, Consultant shall carry insurance as outlined in
Exhibit "C", attached and incorporated herein by this reference. In any contract
Consultant has with a subconsultant, Consultant shall require that subconsultant meet
the insurance requirements outlined in Exhibit "C".
SECTION 21. COORDINATING PROFESSIONAL AND PROFESSIONAL REGISTRATION
2-1-18
21.1 Coordinating Professional:
To the extent of any design work applicable to the Services under this Agreement, the
following Coordinating Professional language applies:
If LPA's project involves more than one licensed professional engineer, LPA shall
designate a Coordinating Professional (defined in Neb.Rev.Stat. § 81-3408) for this
project as required by Neb.Rev.Stat. § 81-3437.02 of the Nebraska Engineers and
Architects Regulation Act (Neb.Rev.Stat § 81-3104 et seq.). The Coordinating
Professional will apply his or her seal and signature and the date to the cover sheet of all
documents and denote the seal as that of the Coordinating Professional. The
Coordinating Professional will verify that all design disciplines involved in the project are
working in coordination with one another, and that any changes made to the design are
approved by the corresponding discipline. Consultant agrees to cooperate with the
designated Coordinating Professional to meet the requirements of state law. Consultant
further agrees to contractually require its subconsultants to cooperate with the
designated Coordinating Professional.
If Consultant's engineer has been identified as the Coordinating Professional for this
project, and, for whatever reason, the designated Coordinating Professional is no longer
assigned to the project, Consultant shall provide LPA written notice of the name of the
replacement within 10 business days.
21.2 Professional Registration:
To the extent the work requires engineering services, Consultant shall affix and sign the
seal of a registered professional engineer or architect licensed to practice in the State of
Project No. STP -DPS -3854(1) Page 10 of 16
Control No. 225085 Agreement No. BK2003
Blair South Bypass
PROFESSIONAL SERVICES AGREEMENT
Nebraska, on all applicable documents, plans, specifications, and reports prepared
under any Agreements as required by the Nebraska Engineers and Architects
Regulations Act.
SECTION 22. SUCCESSORS AND ASSIGNS
This Agreement is binding on successors and assigns of either party.
SECTION 23. DRUG-FREE WORKPLACE POLICY
Consultant shall have an acceptable and current drug-free workplace policy on file with State.
SECTION 24. FAIR EMPLOYMENT PRACTICES ACT
Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as provided by
Neb.Rev.Stat. §§ 48-1101 through 48-1126.
SECTION 25. DISABILITIES ACT
Consultant agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as
implemented by 28 CFR 35.
SECTION 26. DISADVANTAGED BUSINESS ENTERPRISES
26.1 Consultant shall ensure that disadvantaged business enterprises, as defined in
49 CFR 26, have the maximum opportunity to compete for and participate in the
performance of subagreements financed in whole or in part with federal funds under this
Agreement.
26.2 Consultant shall not discriminate on the basis of race, color, sex, age, disability, or
national origin in the award and performance of FHWA-assisted contracts. Failure of
Consultant to carry out the requirements set forth above will constitute a breach of this
Agreement and, after the notification of the FHWA, may result in termination of this
Agreement by LPA or State or such remedy as LPA or State deem appropriate.
SECTION 27. TITLE VI NONDISCRIMINATION CLAUSES
27.1 Compliance with Regulations
During the performance of this Agreement, Consultant, for itself and its assignees and
successors in interest, agrees to comply with the regulations of the United States
Department of Transportation relative to nondiscrimination in federally -assisted
programs of the United States Department of Transportation (49 CFR 21 and 27,
hereinafter referred to as the Regulations).
27.2 Nondiscrimination
Consultant, with regard to the work performed by it after award and prior to completion of
this Agreement, shall not discriminate on the basis of race, color, sex, age, disability, or
national origin in the selection and retention of subconsultants, including procurements
of materials and leases of equipment. Consultant shall not participate either directly or
indirectly in the discrimination prohibited by 49 CFR 21.5, including employment
practices when the agreement covers a program set forth in Appendixes A, B, and C of
49 CFR 21.
27.3 Solicitations for Subagreements Includinq Procurements of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by Consultant for
work to be performed under a subagreement, including procurements of materials or
equipment, each potential subconsultant or supplier shall be notified by Consultant of
Project No. STP -DPS -3854(1) Page 11 of 16
Control No. 225085 Agreement No. BK2003
Blair South Bypass
PROFESSIONAL SERVICES AGREEMENT
Consultant's obligations under this Agreement and the Regulations relative to
nondiscrimination on the basis of race, color, sex, age, disability, or national origin.
27.4 Information and Reports
Consultant shall provide all information and reports required by the Regulations, or
orders and instructions issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined
by LPA, State or FHWA to be pertinent to ascertain compliance with such Regulations,
orders, and instructions. Where any information required of a Consultant is in the
exclusive possession of another who fails or refuses to furnish this information,
Consultant shall certify to LPA, State or FHWA, as appropriate, and set forth what efforts
it has made to obtain the information.
27.5 Sanctions for Noncompliance
In the event of Consultant's noncompliance with the nondiscrimination provisions of this
Agreement, LPA will impose such agreement sanctions as it or State and FHWA may
determine to be appropriate, including but not limited to withholding of payments to
Consultant under this Agreement until Consultant complies, and/or cancellation,
termination, or suspension of this Agreement, in whole or in part.
27.6 Incorporation of Provisions
Consultant shall include the provisions of subsections 27.1 through 27.5 of this
Agreement in every subagreement, including procurements of materials and leases of
equipment, unless exempt by the Regulations, orders, or instructions issued pursuant
thereto. Consultant shall take such action with respect to any subagreement or
procurement as LPA, State or FHWA may direct as a means of enforcing such
provisions including sanctions for noncompliance, provided however, that in the event a
Consultant becomes involved in or is threatened with litigation with a subconsultant/
subcontractor as a result of such direction, Consultant may request that LPA or State
enter into such litigation to protect the interests of LPA or State and, in addition,
Consultant may request that the LPA, State and the United States enter into such
litigation to protect the interests of the LPA, State and United States.
SECTION 28 SUBLETTING ASSIGNMENT OR TRANSFER
28.1 The Subconsultant will provide Watermain Relocation and Survey services.
28.2 Any other subletting, assignment, or transfer of any professional services to be
performed by Consultant is hereby prohibited unless prior written consent of State, on
LPA's behalf, is obtained.
28.3 At LPA's or State's discretion, Consultant may enter into an agreement with any
subconsultants/subcontractors for work covered under this Agreement. All
subconsultant/subcontractor agreements for work covered under this Agreement must
contain identical or substantially similar provisions to those in this Agreement. No right -
of -action against LPA or State will accrue to any subconsultant/subcontractor by reason
of this Agreement.
28.4 As outlined in SECTION 26. DISADVANTAGED BUSINESS ENTERPRISES,
Consultant shall take all necessary and reasonable steps to ensure that disadvantaged
business enterprises have the maximum opportunity to compete for and perform
subagreements. Any written request to sublet any other services must include
documentation of efforts to employ a disadvantaged business enterprise.
Project No. STP -DPS -3854(1) Page 12 of 16
Control No. 225085 Agreement No. BK2003
Blair South Bypass
PROFESSIONAL SERVICES AGREEMENT
SECTION 29. CONSULTANT CERTIFICATIONS
The undersigned duly authorized representative of Consultant, by signing this Agreement, hereby
swears, under the penalty of law, to the best of my knowledge and belief, the truth of the
following certifications, and agrees as follows:
29.1 Neb.Rev.Stat. U1-1715(1). I certify compliance with the provisions of Section 81-1715
and, to the extent that this Agreement is a lump sum, actual costs -plus -fixed -fee, or
specific rates of compensation type professional service Agreement, I hereby certify that
wage rates and other factual unit costs supporting the fees in this Agreement are
accurate, complete, and current as of the date of this Agreement. I agree that the original
contract price and any additions thereto shall be adjusted to exclude any significant sums
by which State determines the contract price had been increased due to inaccurate,
incomplete, or noncurrent wage rates and other -factual unit costs.
29.2 Neb.Rev.Stat. §� 81-1717 and 1718. 1 hereby certify compliance with the provisions of
Sections 81-1717 and 1718 and, except as noted below, neither I nor any person
associated with the firm in the capacity of owner, partner, director, officer, principal
investor, project director, manager, auditor, or any position involving the administration
of federal funds:
a. Has employed or retained for a commission, percentage, brokerage, contingent fee,
or other consideration, any firm or person (other than a bona fide employee working
solely for me or the above Consultant) to solicit or secure this Agreement, or
b. Has agreed, as an express or implied condition for obtaining this Agreement, to
employ or retain the services of any firm or person in connection with carrying out
this Agreement, or
c. Has paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above Consultant) any fee, contribution,
donation, or consideration of any kind for, or in connection with procuring or carrying
out this Agreement, except as here expressly stated (if any).
29.3 Certification Regardinq Debarment, Suspension, and Other Responsibility Matters -
Primary Covered Transactions. Section 29.3a below contains 10 instructions that
consultant agrees to follow in making the certifications contained in 29.3b.
a. Instructions for Certification
1. By signing this Agreement, Consultant is providing the certification set out below.
2. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this project. Consultant shall submit
an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with State's
determination whether to enter into this Agreement. However, failure of
Consultant to furnish a certification or an explanation will disqualify Consultant
from participation in this Agreement.
3. The certification in this clause is a material representation of fact upon which
reliance was placed when State determined to enter into this Agreement. If it is
later determined that Consultant knowingly rendered an erroneous certification,
in addition to other remedies available to the Federal government, State may
terminate this Agreement for cause or default.
Project No. STP -DPS -3854(1) Page 13 of 16
Control No. 225085 Agreement No. BK2003
Blair South Bypass
PROFESSIONAL SERVICES AGREEMENT
4. Consultant shall provide immediate written notice to State if at any time
Consultant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have
the meanings set out in the Definitions and Coverage sections of the rules
implementing Executive Order 12549 — Debarment and suspension. Exec. Order
No. 12,549, 51 Fed. Reg. 6370 (1986).
6. Consultant agrees that should the proposed covered transaction be entered into,
it will not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by State before
entering into this Agreement.
7. Consultant further agrees to include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction," provided by State without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
8. Consultant in a covered transaction may rely upon a certification of a prospective
Subconsultant in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A Consultant may decide the
method and frequency by which it determines the eligibility of its principals.
9. Nothing contained in the foregoing will be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of Consultant is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of
business dealings.
10. Except for transactions authorized under paragraph a.6. of these instructions, if
Consultant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies
available to the federal government, State may terminate this Agreement for
cause or default.
b. Certification Reciardinci Debarment, Suspension, and Other Responsibilit
Matters - Primary Covered Transactions
1. By signing this Agreement, Consultant certifies to the best of its knowledge and
belief, that it and its principals:
a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any federal department or agency;
b) Have not within a three-year period preceding this Agreement been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
Project No. STP -DPS -3854(1) Page 14 of 16
Control No. 225085 Agreement No. BK2003
Blair South Bypass
PROFESSIONAL SERVICES AGREEMENT
transaction or contract under a public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by
a governmental entity (federal, state, or local) with commission of any of
the offenses enumerated in paragraph 1.b) above; and
d) Have not within a three-year period preceding this Agreement had one or
more public transactions (federal, state, or local) terminated for cause or
default.
2. Where Consultant is unable to certify to any of the statements in this certification,
such Consultant shall attach an explanation to this Agreement. I acknowledge
that this certification is to be furnished to State and the FHWA in connection with
this Agreement involving participation of federal -aid highway funds and is subject
to applicable, state and federal laws, both criminal and civil.
SECTION 30. LPA CERTIFICATION
30.1 By signing this 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.
30.2 1 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 state and federal laws, both criminal and civil.
SECTION 31. ENTIRE AGREEMENT
This Agreement, including all exhibits and incorporations specified herein, constitutes the entire
agreement of the Parties. There are no promises, terms, conditions, or obligations other than
contained herein, and this Agreement supersedes all previous communications,
representations, or other agreements or contracts, either oral or written hereto.
Project No. STP -DPS -3854(1) Page 15 of 16
Control No, 225085 Agreement No. BK2003
Blair South Bypass
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the Parties hereby execute this Agreement pursuant to lawful
authority as of the date signed by each party. Further, the Parties, by signing this Agreement,
attest and affirm the truth of each and every certification and representation set out herein.
EXECUTED by Consultant this _-- ay of 20.
FELSBURG, HOLT & ULLEVIG, INC.
Kyle Anderson, P. E.
STATE OF NEBRASKA )
)ss.
LANCASTER COUNTY )
SUBSCRIBED AND SWORN to before me this I�E� day of Wak , 2020._
GENERAL NOTARY - State of Nebraska
MARISSA A. HOP f � � � /� � ,^,
MyGo=p rAay9,2022 �tN1Nd k ° [ `�✓V
Notary Public
EXECUTED by the CITY OF BLAIR this {_day of Aoci ( 2020._.
CITY OF BLAIR
Rich Hansen
Mayor
Subscribed and sworn to before me this day of , 2020.
Clerk
STATE OF NEBRASKA
DEPARTMENT OF TRANSPORTATION
Form of Agreement Approved for
Federal Funding Eligibility
Jodi Gibson
Local Assistance Division Manager
Project No. STP -DPS -3854(1) Page 16 of 16
Control No. 225085 Agreement No. BK2003
Blair South Bypass
EXHIBIT "A"
Scope of Services
Project Name: BLAIR SOUTH BYPASS
Project No.: STP -DPS -3854(1)
CN: 22508
Engineering Final Design Services
PROJECT DESCRIPTION
The scope of services for this project involves engineering design services required to
produce final construction plans and specifications for the following:
The Blair South Bypass consists of designing a three -lane roadway from US Highway 30
at the Hollow Road Intersection on the west end to US Highway 75 at the County Road
P35 intersection on the east end of the project. This project will be located on new right-
of-way which will require property acquisition and grading easements. Since this is a
federal aid project, all federal requirements and procedures will be followed.
The project will include the following: survey, right-of-way survey, ''nal ", Rbridge des;gR,
final box culvert design, roadway design, right-of-way design plans, project
management, publie Involvement, environmental services and opinion of probable cost.
TASKS AND TASK ASSIGNMENTS
Projects located in the jurisdictional area of the Metropolitan Area Planning Agency,
(MAPA) and a Responsible Charge (RC) who is an employee of the respective Local
Pubic Agency (City of Blair) will manage the jurisdictional area of the City of Blair (City).
It is anticipated the project will require the following major tasks:
a. Environmental Documents and coordination
b. Project Management and Quality Control
c. Preliminary Field Survey
d. Right of Way Survey
e. Roadway Design (including Right -of -Way Design)
f. Hydrology and Hydraulic Design
g. Concrete Box Culvert Design.
h. When NDOT is the Responsible Charge (RC) the National Pollutant
Discharge Elimination System/ and the Storm water Pollution Prevention
Plan/SWPPP will be prepared by the NDOT's Roadside Stabilization Unit.
The erosion control plans will be designed by the Design Consultant.
NDOT's Roadside Stabilization Unit will submit the Notice of Intent, NPDES
permit and the SWPPP.
I. PS&E Submittals
j. Project Meetings (Kick off meeting, Progress meetings and Utility meeting)
Exhibit "A"
Page 1 of 38
APPLICABLE PUBLICATIONS
Overview: Work shall be done in accordance with the most current version of the
following materials. The most current versions of the NDOT materials can be obtained
from the NDOT Website.
1) LPA Guidelines Manual for Federal -Aid Projects. NDOT April 2009
2) A Policy on Geometric Design of Highways and Streets 2011 (AASHTO)
3) Federal Emergency Management Agency (F.E.M.A.) National Flood
Insurance, Flood Boundary and Floodway Map, and Flood Insurance
Study (FIS)
4) Manual on Uniform Traffic Control Devices (FHWA), 2009 Edition
5) MUTCD - Nebraska 2011 Supplement to the MUTCD
6) Nebraska Minimum Design Standards — Counties, Municipalities, State -
2016 (or most current) (Nebraska Administrative Code Title 428; Rules
and Regulations of the Board of Public Roads Classifications and
Standards
7) Nebraska State Plane Coordinate System Datum Adjustment
Computations Lambert Conformal System Manual
8) Roadside Design Guide, 2011 (AASHTO)
9) Standard Specifications for Highway Construction 2017 (or latest edition)
(NDOT)
10) NDOT Hydraulic Analysis Guidelines for Consultant
11) NDOT Roadway Design Manual & Drainage Design and Erosion Control
Manual
12) Bridge Office Policies and Procedures Manual
13) Uniform Relocation Assistance and Real Property Acquisition Act (the
Uniform Act)
14) The NDOT Right -of -Way Manual.
15) Evidencing Nebraska Land Titles (Nebraska Land Title Association)
16) So you Want Access to the Highway (March 2008)
SOFTWARE AND EQUIPMENT REQUIREMENTS
1. The Consultant's design and drafting software and design files must be
compatible with NDOT's design and drafting software. Information on NDOT's design
protocol can be found on NDOT's website on the Roadway Design page;
http://roads.nebraska.gov/business-center/design-consultant/.
2. The Consultant's design must be accomplished using the design software
GEOPAK version SS4 or later but no later than that in use by NDOT. The consultant's
design must follow NDOT's drafting procedures, guidelines, and file naming convention
using the appropriate version of MicroStation dgn. Format CAD software. Consultant's
use of an earlier version of GEOPAK OpenRoads may be approved for specific activities
with written permission of NDOT and at NDOT's sole discretion.
3. In many cases, projects will require that a 3D model be generated using
GEOPAK OpenRoads technology.
Exhibit "A"
Page 2 of 38
4. Reports and documents must be submitted in a form compatible with Microsoft
Office products unless otherwise directed.
5. The Consultant will provide all software and computer equipment required to
complete the work including any analysis software required to perform the bridge design
work.
6. The Consultant is required to complete work (CAD/Geopak files) within the
ProjectWise environment. All project document submittals (non CAD/Geopak) are to be
uploaded into OnBase. Modeling files to be located within ProjectWise.
EXPECTATIONS FOR THE DELIVERABLES
1. The consultant shall provide to NDOT acceptable final plans, specifications and
estimates (PS&E) for use in a bid letting and construction of the project. The Consultant
shall seal and sign the final plans and applicable deliverables in accordance with the
Nebraska Engineers and Architects Regulation Act. Consultant shall also provide to
NDOT all applicable supporting documentation and reports as described in the Task
Order.
2. Plans and special provisions shall be developed in compliance with the manuals,
guidelines and specifications as listed in the Qualifications, Knowledge and Experience
section, paragraph B.
3. Consultant shall submit to the NDOT roadway design plans at the following
stages, when applicable: before the plan -in -hand field inspection, before public
meetings, at 90% completion stage, and final PS&E package. Deliverables must be
completed and submitted in accordance with the schedule set out in the Task Order.
4. Deliverables must be submitted in hard copy and electronic form as outlined in
the Task Order.
5. Submittals will be reviewed and approved by NDOT. Consultant shall address all
issues raised by NDOT's review and make all necessary changes to the work.
DESIGN PLAN PREPARATION AND ASSEMBLY
Overview. These tasks are to develop design plans and assembly of design plans of
items not shown in the Roadway Design section. Items to be included, but not limited to,
can be found in the NDOT Roadway Design Manual under Highway Plans Assembly.
These are the plans which will be let to contract, therefore, plans should be thoroughly
checked for completeness, accuracy, and formatting by the design technician, the .
roadway designer and other contributing parties.
Drafting Procedures. Consultants using MicroStation will follow the State's CADD
drafting procedures and guidelines in preparing plans. File names must follow the
State's CADD naming convention. Line weights, line styles, test size and leveling must
follow the State's guidelines.
NDOT's CADD drafting standards do not apply for projects developed in AutoCAD,
however, the Consultant shall make an effort to follow the State's CADD drafting
procedures and guidelines in preparing plans.
Exhibit "n'
Page 3 of 38
Format of Project Plans
1. The Consultant shall prepare plan and profile plan sheets on a scale of 1" = 20'
and "2L" (enlarged detail) sheets on a scale of V = 50' (rural) or 1" = 20' (urban).
2. All full-sized plan sheets must be approximately 24" x 36". The border sheet
information is on NDOTs' website. All half-size plan sheets must be on 11" x 17" paper.
3. Any materials submitted to the State by the Consultant must be on equivalent to
white bond.
4. Any material which does not produce an acceptable reproduction will be returned
to the Consultant for rectification.
5. The Consultants shall follow the State's CADD Drafting procedures and
guidelines in preparing the project plans.
a. Sheets must be set up according to the State's procedures.
b. File names must follow the State's CADD naming convention.
c. Line weights, line styles, text size and leveling must follow the State's
guidelines.
6. The CADD files must also conform to the following standards and conventions:
(a) Working units must be:
1. Master Units = Survey Feet (so
2. Sub Units = inches (in)
3. Resolution = 1000 per survey foot
4. Accuracy = 0.1234
5. Working Area = 813.442402 miles
(b) The Consultant s shall tie the project into the State Plane Coordinate System
using NAD 1983 for horizontal control. Consultant shall coordinate with the Geodetic
Survey office for the Project Datum Adjustment Factor (DAF). Prepare all topography
information in a MicroStation. Line weights, line styles, text sizes and leveling will follow
NDOT's guidelines
Format of cross-sections
1. Plot all cross-sections. This includes labeling stations on the right side of the
sheet, labeling existing and design centerline elevations at centerline and
labeling offset distances every 5 or 10 feet at the bottom of each sheet.
2. Plot cross-sections on standard size sheets (same size as project plan sheets)
according to the State's standards.
3. Stamp or plot in the upper right corner of each sheet the control number,
horizontal and vertical scale. Plot the roadway cross-sections at the scale of 1" _
10'H&V, ort"=20'H&V.
4. Plot cross-sections with stations progressing upward from the bottom to the top
of the sheet.
5. Plot the cross-sections so that there is room for the improvement cross-section.
Do not overlap cross-sections.
6. Cut cross-sections at 100 foot intervals (maximum) and at other locations as
needed.
Exhibit "A"
Page 4 of 38
7. Plot a cross-section at each location when there may be a drainage structure
needed and at driveways, intersections or other unusual features.
8. Plot drainage structure cross-sections and keep them separate from roadway
cross-sections.
9. Plot drainage structure cross-sections at the following scales:
(a) Storm Sewer 1" = 10' H & V.
(b) Roadway Culverts 1" = 10' H & V.
10. Plot computer roadway cross-sections in the following manner:
(a) Plot original ground with a dashed line.
(b) Plot design template with a solid line.
11. Plan Sheets. The consultant will refer to NDOT Roadway Design Manual for a
complete list of plans sheets to be included in the plan set. The Consultant will
develop special plans. Standard plans are not included with the plan set, but a
current up to date list of Standard Plans used for the project will be included to be
placed on the Title Sheet.
rzXhibit "A"
Page 5 of 38
The State/LPA Shall Provide:
PRELIMINARY ITEMS
1. As -built or design plans of the existing and adjacent roadways (if available).
2. Existing work already completed including traffic study, geotechnical report, and
survey.
3. Any drainage studies completed in the area (if available).
4. Names of known utilities, addresses and permits listing use and occupancy
permit data along the project.
5. Electronic files of current aerial photographs (if available).
6. Existing cadastral maps, plat maps, etc. electronic right-of-way files of the project
area (if available).
7. Traffic count information. (NDOT)
8. Crash history for study corridor. (NDOT)
9. Detour route.
10. Section Corner Ties to corner monuments.
11. Existing benchmark information.
12. ROW negotiations and acquisitions.
13. Permit to occupy ROW (NDOT Form 19)
14. Local Public Agency (LPA) Project Programming Request (NDOT Form 530)
15. Probable Class of NEPA Action (NDOT 53) Form.
Exhibit "A"
Page 6 of 38
Consultant Shall Provide:
PROJECT MANAGEMENT AND QUALITY CONTROL
Coordination of Design Professional and Scheduling. The Consultant Project
Manager will serve as point of contact, maintain project schedule and coordinate work of
sub -Consultants
1. Project Management. This task includes activities to initiate and monitor project
schedules, workload assignments and internal cost controls throughout the project. Also
included are efforts to prepare and process invoices, prepare monthly progress reports
and prepare project correspondence with the Responsible Charge (RC) and to NDOT
and maintain project records.
2. Project Description/ Purpose and Need: The Consultant shall work with the
NDOT and the NEPA Consultant when updates or corrections are needed.
3. Quality Assurance/Quality Control. The Consultant will perform QA/QC checks
at various stages of the project including prior to any official submittal. The Consultant
will provide a copy of their QA/QC plan to the RC at the start of the project. The
Consultant will submit in writing that this plan has been used during the project at each
submittal with the name of the person responsible for performing the QA/QC the review.
Exhibit "A"
Page 7 of 38
MEETINGS
1. Owner Meetings. Consultant will meet with City Representatives for the
following anticipated meetings:
a. Kickoff meeting
b. Two (2) progress meeting(s)
3. LPA/NDOT Coordination Meetings the Consultant will meet with the LPA and
NDOT to discuss the status of plan development and coordinate design activities. The
consultant should anticipate two (2) meetings. The Consultant will be responsible for
distributing meeting invitations, coordinating meeting locations, and preparing meeting
minutes
4. Meetings with Utilities. One (1) Utility review meetings will be scheduled.
Effort is also included for coordination via the phone and up to two (2) total one-on-one
meetings with affected utilities.
SURVEY
1. Preliminary Field Survey. The pickup topographic survey will be completed by
the design consultant for the project corridor in accordance with current NDOT survey
specifications. The design consultant will perform the additional necessary pickup
topographical ground survey including the existing centerline, intersecting streets, and
drives, tying the location of land monuments to the existing centerline, cross-sections
and profiles. A topographical survey will be performed using GPS and electronic "Total
Station" technology. Copies of field book records and electronic records will be
submitted to the RC at the completion of final design. Natural topographic features and
man-made features, will be recorded by coordinates to the nearest one-tenth (0.1) of a
foot. All such topographic features, which are pertinent to the design or are necessary to
properly show the effect of the proposed work upon the adjoining property and/or
improvements, will be recorded. The topographical survey will not include an exact and
detailed tree count. The consultant will complete a site visit after LOC's are created
noting the size type and location of trees to be removed. Station and offset will be
noted on the plans. Unless otherwise noted the limits of the survey are to be at least
100 feet on each side of the existing or proposed centerline or to corners of structures
on tracts, and must include enough information to build the proposed typical cross-
section and show the limits of construction. The survey limits will extend 500 feet before
the start of the project and 500 feet beyond the end of the project. The topographic
survey will extend along intersecting streets a minimum distance of 500 feet from
roadway centerline. The general limits of the pickup survey will include areas along
the bypass corridor where the shifted alignment went outside of the original
Exhibit "N'
Page 8 of 38
survey limits and along US 75 to cover the areas required to widen the highway to
accommodate the proposed turn lanes to the bypass.
2. Digital Terrain Model. A Digital Terrain Model will be provided for use in cross-
section creation. Natural topographic features and man-made features above ground
(including existing adjacent building limits) will be recorded. All above and below ground
utilities will be located once Digger's Hotline marks them. Sanitary and storm sewer
manholes will have rim and flow line elevations surveyed.
3. Base Map Preparation. Consultant will create the base maps using the
topographic survey data.
4. Horizontal and Vertical Control. The design consultant will establish control
points along the project corridor at regular intervals and provide control "reference" point
ties to topographic features of permanent nature.
a) Horizontal control points will be established and referenced to existing section
corners. The control points will be permanent in nature and tied to Nebraska
State Plane Coordinate system.
b) Vertical control points will be established and referenced to USGS NAVD88
datum. There will be a minimum of three permanent benchmarks established
with additional temporary benchmarks set along the project corridor at intervals
not to exceed 500 feet.
5. Existing Utilities. The consultant will call in a One -Call utility locate ticket.
Utilities will be shown based on visible, above ground, evident in the field and utility
locator's markings. The project liaison will assist in providing utility locations and contact
information.
6. Note Reduction/Preliminary Plotting. This task will include the effort for
gathering data to create the existing topography file to use for preliminary design.
Placing station offsets for all topographic items.
7. Negotiations Staking the Right of Way. During the negotiations, the
Consultant will stake new and existing right of way, assume 4 tract (s).
8. Staking Right of Way for Condemnation Hearing. The Consultant will stake
the new and existing right of way prior to the Condemnation Hearing so the Board of
Appraiser's can view the proposed taking (to include temporary and permanent
easements), assume 3 tract (s).
9. Condemnation Plats. The Consultant will prepare condemnation plats. The plat
is a unique plan sheet showing the condemned tract along with the metes and bounds
reflected in the legal description. A reduced drawing of the section(s) and how the tract
in question is situated in that section is also included as part of the plat. Emphasis
should be made to keep the plat(s) to a manageable size yet easily readable. A CADD
Exhibit "A"
Page 9 of 38
file of the condemnation plat and an electronic version of the legal descriptions will also
be submitted, assume 3 tract (s).
Right of Way (ROW) staking should be done to clearly and accurately represent on the
ground the information that is illustrated on the ROW plans. When a tract requires ROW
staking the following items should be staked:
1. Existing ROW
2. Existing Control of Access.
3. Existing Control of Access Breaks.
4. Existing Permanent Easements (except utility easements are generally not
staked).
5. New ROW
6. New Permanent Easements
7. New Temporary Easements.
8. New Control of Access Breaks
For each line the ROW staking should at a minimum include the staking of points at the
following;
1. The ends of each line.
2. Their intersection with a property line.
3. Their intersection with lot lines, section, quarter section line, etc.
4. Any deflection points within the line (turn points).
5. If a line involves a long straight run interim stakes along the line should be placed
as needed to clearly denote the line in the field.
6. Any critical points along a line such as the portion coming close to a significant
feature such as a structure, center -pivot, well, etc.
7. The stakes should be clearly visible in the field and denote the type of line(s) it is
representing. Information to be included on the stakes include.
8. A color identification (surveyors tape and/or paint) unique to the type of line.
Generally Orange for ROW and Yellow - Green for easements.
9. The line designation (ROW, PE, TE, CA, etc.)
10. The distance to Centerline.
11. The Station
See NDOT's Construction Manual for additional ROW staking information
Exhibit "A"
Page 10 of 38
LIMITS OF CONSTRUCTION (LOC) ROADWAY AND ROW DESIGN
Overview. The following task will be used to accomplish Roadway Design and in the
development of design plans. This task includes roadway design services during the
LOC phase. This project will produce two bid sets, one for grading, and one for
paving.
The Design shall be in conformance to "Nebraska Minimum Design Standards" for New
and Reconstructed Projects, 3R Standards (Resurfacing, Restoration and Rehabilitation)
and the "NDOT, Standard Specifications for Highway Construction". Reference to local
standard plans and specifications is not allowed, those plans and specifications must be
included within the PS&E package as special plan sheets or special provisions.
The consultant is to make every effort to use NDOT standard items, standard plans and
products from the NDOT approved product list in the design of the project. Items unique
to the project, not on the standard item list will need a special provision stating the
method of construction, the unit of measure and method of payment. Specialty items not
on the approved product list will require the consultant to provide a list of 3 or more
products/suppliers and an "or approved equal statement'. Approval by both NDOT and
FHWA is needed before the item may be incorporated in the project.
Complete Form DR -76. Roadway Design — Principal Controlling Design Criteria. After
Form DR -76 has been completed send a copy to Local Projects Section (LPS) of NDOT
with a request any design exceptions or relaxations that may be needed.
2. Data Collection and Review. For gathering, reviewing and organizing data for the
project. Determining design criteria will also be included with this task.
3. Roadway Horizontal Alignment. This task includes the design and drafting of the
horizontal alignments(s). Task includes creation of the Control Point/PI/Curve Data 2-H
sheet(s); the Consultant will create 2-H Horizontal Alignment and Orientation on any
design alignments.
4. Roadway Vertical Alignment. This task includes the design and drafting of the vertical
alignment(s) and/or adjustment of vertical alignment(s).
5. Template Roadway Cross Sections. Develop the design templates necessary to
template the cross sections, including design of special ditches.
6. Limits of Construction. This task includes efforts to create LOCs for the project. The
Consultant will define and draft the limits of construction on the plan sheets. These limits
are to be used to determine environmental impacts and right-of-way requirements.
7. Earthwork. Determine earthwork balance factor. Process the earthwork for each
alignment, including any extra earthwork due to large driveways, guardrail and any other
Exhibit"A"
Page 11 of 38
cause for earthwork. Calculate earthwork quantities and produce earthwork summary
and plan notes.
8. Roadway Geometric Design. This task includes the geometric design of all Roadway
alignments, intersections, driveways, parking lot reconstruction, sidewalks, and
pavement transitions, which includes setting up all the geometric sheets for the project
and labeling.
9. Storm Sewer and Drainage: This task includes hydrologic and hydraulic analysis for
design of the new storm sewer system for the project. This will include the review and
updating of the preliminary hydrologic and hydraulic analysis and development of a
hydraulic model. The storm sewer design will review the 10 -year storm event to
determine if a reasonable and practical storm sewer system can be provided to meet the
current criteria. The design of the storm sewer will be developed in a manner to
accommodate phased construction of the project that will maintain existing roadway
drainage while providing outlets for the new storm sewer being constructed. This work
also includes updating drainage plans and creating storm sewer profiles. All storm sewer
plans and profiles are expected to be included in the paving contract. Storm sewer
design will be based upon the new urban segment.
10. Roadway and Driveway Culverts. This task is for roadway and driveway culverts and
includes the review and updating of the preliminary hydrologic and hydraulic analysis for
roadway and driveway culverts. This work also includes updating culvert build notes,
creating culvert cross section sheets and coordinating the structural design of bridge
size culverts with NDOT's Bridge Division. Culvert plans and cross sections for bridge
size culverts are expected to be included in the grading contract. Culvert plans and cross
sections for all other culverts are expected to be included in the paving contract.
NDOT's Pipe Policy will be followed.
11. Construction and Removal. Development of Construction and Removal notes detailing
construction and removal items not specifically identified elsewhere in this scope. NDOT
CAD standards and construction/removal notes/tabs are to be used. Removal sheets
will be included in the grading plans and construction will generally be included in the
paving plans.
12. Utility Coordination/Verification. The Consultant will draft utilities on the plans that
were not included in the preliminary plotting and for limited coordination with the utilities,
to verify the location and type of utility. In addition, the Consultant will coordinate and
schedule a Utilities meeting to identify and work through potential conflicts identified in
the preliminary 30% Plan -In -Hand plans and prepare NDOT Standard Utility contracts
and pole tab sheets. (LPA is responsible to coordinate utility agreement negotiations
with utilities).
13. Construction Phasing/Detour Route/Temporary Roads. The Consultant shall
develop traffic phasing concepts to allow for reasonable access during construction for
highway and local traffic that may include detours and staging of construction. The
Exhibit W
Page 12 of 38
Consultant shall prepare a written description of the Construction Phasing, noting detour
routes if applicable.
14. Erosion Control. This task includes effort required to design and draft erosion control
measures for the project. Two sets of erosion and sediment control plans will be required
for the project, one for the grading contract and the other for the paving contract. The
erosion and sediment control plans for the earthwork contract are expected to include
final seeding and stabilization for the back slope in deep cut areas and fore slope in
deep fill areas with temporary seeding and stabilization elsewhere. The erosion and
sediment control plans for the paving contract are expected to include final seeding and
stabilization for all areas other than those receiving final seeding and stabilization in the
earthwork contract. The consultant will submit the erosion control plans to the LPS of
NDOT for review and concurrence by NDOT Roadside Stabilization Unit,
15. Retaining Wall Design. The Consultant will develop Retaining Wall sheets to define
the horizontal alignment of the walls and the top of wall and bottom of wall general
elevations. Task include providing wall details and typical section.
16. Quantities/Estimates. Develop and tabulate all of the preliminary quantities.
Computation sheets will be submitted with all Quantities to the RC and or the LPS of
NDOT for all submittals; including LOC and Final Plans, using NDOT standard bid items,
NDOT Project Information sheet (DR Form 342), and NDOT quantities forms (DR Form
343 and DR Form 355). Estimate of probable cost will be prepared by the Consultant
using recent bid tabulations and other available information.
17. Typical Sections. This includes design and drafting the typical cross sections and other
details as needed for the project.
18.2W/2A Sheets. This task includes developing the aerial plan sheets from existing GIS
information. This task will include effort to illustrate wetlands, restricted areas, channels,
alignments, impacted areas, reference files, and other wetland features. Sheet based
on GIS information provided by NDOT.
19. Plan Production/Printing. This task includes effort to produce sheets, place notes on
sheets and print plans (includes planimetric notes). Effort is estimated based on the
number of plan sheets.
-� -
..
Determine■-
er parallel. The Gensultant deteFMiReS if the pFojeGt crosses GF GGGurs within a mapped
Exhibit "A"
Page 13 of 38
22. Floodplain Permit, The Design Consultant will prepare a Floodplain Certification
Package. The package is to include a memo describing the project and it is impacts on
the floodplain, a location map showing the boundary of the project, FIRMette maps with
floodplains and structures identified and a certification form signed, sealed and dated by
a professional engineer certifying compliance with floodplain and floodway regulations.
A FIRMette is a legal to scale copy of a portion of a Flood Insurance Rate Map (FIRM).
FIRMette can be printed in either letter legal or leger size paper and found at the
following website, http://msc.fema.gov. The LPA with assistance from the Consultant is
to apply for the permit.
24. Working Day Calculations. Working Days for construction activities will be calculated
at the LOC plan stage and updated at the Final plan stage.
25. Pavement Determination. The Consultant shall provide complete documentation of the
structural pavement design analysis used for the project. The pavement analysis must
be a nationally recognized method, such as AASHTO, AIM, PCA, etc.
26. Traffic Signal Plans. The Consultant shall provide traffic signal layouts at the
intersection of US 30 and Hollow Road. Task includes design and drafting.
27. Traffic Signal Interconnect Plans. The Consultant shall provide plan sheets showing
the interconnect to adjacent signals, where applicable.
28. Signing and Striping Plans. The Consultant shall include signing and striping plans in
the plan set.
Deliverables
a) Meeting Minutes for all meetings to be summarized and delivered/emailed to the
Client, NDOT and applicable stakeholders within (2) days of meetings.
b) Hydraulic Report and Data Sheet
G) Deliverables for the LOC Phase include:
i) Updated Waterway Permit Data Sheet, DR Form 290
ii) FAA Form 7460-1 when applicable
Exhibit "A"
Page 14 of 38
iii) Two half-size set LOC Plans and corresponding electronic files for Grading
Contract
iv) Two half-size set LOC Plans and corresponding electronic files for Paving
Contract
v) Project Information Sheet, DR Form 342 (One for each plan set)
vi) Project Quantity Sheet, DR Form 343E (One for each plan set)
d) Plans/display showing project in relation to mapped flood plains/floodways, if
applicable
e) Opinion of Probable Construction Cost (One for each plan set)
D Construction and working day estimates (One for each plan set)
Below is a list of plans to be included, but not limited to, in the LOC plan set for both the
Grading and Paving sets and the order the plans are to be arranged in the plan set:
Plan Sheet Description
Grading Set
Paving Set
Preliminary Title Sheet (by Consultant)
X
X
Typical Cross -Section Sheets (B1 -B ... )
X
X
Aerial Photo /Wetland Sheets (E1 -E ... )
X
X
HorizontalNertical Control Sheets (F1 -F...)
X
X
General Notes Sheet (G1 -G ... )
X
X
Construction Phasing Plans (H1 -H...)
X
X
Geometric Sheets (J1 -J ... )
X
Joints and Grades Sheets (J... -J...)
X
Storm Drainage Plan and Profile Sheets (J... -J...)
X
Construction Sheets (J... -J...)
X
X
Removal Sheets (J... -J ... )
X
X
Sediment and Erosion Control Sheets (J... -J...)
X
X
Water Main Plan and Profile Sheets (K1 -K...)
X
Roadway Plan and Profile Sheets (L1 -L...)
X
X
Traffic Control Sheets (M1 -M ... )
X
Pavement Marking & Signing Sheets (M... -M...)
X
Earthwork Data Sheets (Q1 -Q ... )
X
X
Drainage Cross -Section Sheets (R1 -R...)
X
X
Bridge Size Box (T1 -T...)
X
Detail Sheets (U1 -U ... )
X
Retaining Wall Plan and Profile Sheets (U... -U...)
X
Retaining Wall Details (U... -U ... )
X
Traffic Signal Plan Sheets (U... -U...)
X
Right of Way Title Sheet (W1)
X
Right of Way Summary Sheet (W2)
X
Right -of -Way Plans (W3 -W ... )
X
Roadway Cross -Section Sheets (X1 -X...)
X
X
DRAFT PS&E SUBMITTAL (90%) PLAN REVIEW
Exhibit "A"
Page 15 of 38
Overview, upon receipt of the 90% plans on projects NDOT has assumed the duties of
the Responsible Charge (typically projects located outside of MAPA and LCLC) the
NDOT's Right of Way Division will prepare the ROW Cost Estimate.
1. Incorporate review comments the Consultant will address and incorporate
review comments from the LOC plan review.
2. Opinion of probable construction cost the Consultant is to prepare an
updated opinion of probable cost the consultant shall prepare an updated total estimate
of quantities and opinion of probable cost (DR -342, and 343E) for all construction and
removal items on the plans.
3. Special Provisions the Consultant shall prepare and submit special provisions
for the project that are not included in the current edition of the NDOT Standard
Specifications for Highway Construction.
4. Draft PS&E package submittal the Consultant shall submit a draft PS&E
package, to the Project Liaison and NDOT Project Coordinator for final review. The
package will include the plan set, special provisions, and total project quantities. The
90% submittal shall include the following. Below is the order the plans are to be
arranged in the plan set:
One half-size set. Plans sets shall have the following applicable sheets
Plan Sheet Description
Grading Set
Paving Set
Preliminary Title Sheet (by Consultant)
X
X
Title Sheet (by NDOT) (Al)
X
X
Typical Cross -Section Sheets (B1-8...)
X
X
Summary of Quantities Sheet (Prepared by NDOT)(C1)
X
X
Aerial Photo /Wetland Sheets (E1 -E...)
X
X ,
HorizontalNertical Control Sheets (F1 -F...)
X
X
General Notes Sheet (G1 -G...)
X
X
Construction Phasing Plans (H1 -H...)
X
X
Geometric Sheets (J1 -J...)
X
Joints and Grades Sheets (J... -J...)
X
Storm Drainage Plan and Profile Sheets (J... -J...)
X
Construction Sheets (J... -J...)
X
X
Removal Sheets (J... -J...)
X
X
Sediment and Erosion Control Sheets (J... -J...)
X
X
Water Main Plan and Profile Sheets (K1 -K...)
X
Roadway Plan and Profile Sheets (L1 -L...)
X
X
Traffic Control Sheets (MI -M ... )
X
Pavement Marking & Signing Sheets (M... -M...)
X
Earthwork Data Sheets (Q1 -Q ... )
X
X
Drainage Cross -Section Sheets (R1 -R...)
X
X
Bridge Size Box (T1 -T ... )
X
Exhibit "A"
Page 16 of 38
Detail Sheets (U1 -U...)
X
Retaining Wall Plan and Profile Sheets (U... -U...)
X
Retaining Wall Details (U... -U ... )
X
Traffic Signal Plan Sheets (U... -U...)
X
Right of Way Title Sheet (W1)
X
Right of Way Summary Sheet (W2)
X
Right -of -Way Plans (W3 -W...)
X
Roadway Cross -Section Sheets (X1 -X...)
X X
In addition, the following will be submitted with the 90% submittal:
1. Project Information Sheet, DR Form 342 (One for each plan set)
2. Project Quantity Sheet, DR Form 343E (One for each plan set)
3. Summary of Quantity Sheets, DR Form 355 (One for each plan set)
4. Summary of Quantities and Locations of Surfaced Driveways/Intersections (One
for each plan set)
5. Table of Drainage Summary Items, "Horse blankets" (One for each plan set)
6. Length Sheet, DR Form 415 (One for each plan set)
7. PS&E Required Sheet, DR Form 263 (One for each plan set)
8. Grading Item Summary, DR Form 64E (One for each plan set)
9. Special provisions (One for each plan set)
10. Standard Plan listing (One for each plan set)
11. Special Plan listing (One for each plan set)
12. Opinion of Probable Construction Cost (One for each plan set)
13. Right of Way Cost Estimate (One for each plan set)
14. Environmental NEPA Re -Evaluation (One for each plan set)
15. Certification of Compliance, BR Form 366 (One for each plan set)
16. Floodplain Certification and Permit (If applicable) (One for each plan set)
17. Construction and working day estimates (One for each plan set)
The 90% plans represent the final design of the project. The only revisions to the 90%
plans would be modifications resulting from right of way negotiations, design
modifications due to unknown utility conflicts or revisions requested by an
affected railroad.
FINAL PS&E SUBMITTAL/BLUE LINE CORRECTIONS
1. Final PS&E Submittal. Upon incorporating review comments into the plan set
and special provisions, the Consultant shall prepare and submit all drawings, special
provisions, and an estimate of quantities to the NDOT Project Coordinator for the final
PS&E review. The completed PS&E plans to be submitted by the Consultant shall
include the following:
a. Electronic Plan Data for the Contractor:
b. Slope staking information at locations where grading is to be completed to flatten
slopes, construct guardrail and mailbox turnouts, and construct new erosion
control curb and flumes. The Consultant shall provide the State with samples of
Exhibit "A"
Page 17 of 38
these items for approval of the formats and information. Final construction
information to be submitted as directed by the NDOT Project Coordinator.
c. Subgrade and finish grade information for new construction (previously blue tops
and paving grades).
2. Address comments or questions during PS&E Review this includes the effort
of addressing any questions or comments that arise during the PS&E review. And
making corrections per PS&E Comments (not to include errors or omissions), this
includes corrections based on PS&E comments that make the plans biddable.
3. Electronic CADD files after PS&E corrections, the Consultant shall upload all
electronic CADD files to NDOT's sharefile. The following should also be included:
a. Documentation File (metadata about the files provided, descriptions, etc.)
b. CADD Files (*.DGN format)
1) Alignment File(s), GPK file
2) Roadway Design Feature File(s)
3) ROW Feature File, if applicable
4) Wetlands Feature File
5) Topography Cross Sections (when available)
6) 3D Design Break -line file
c. Alignment Data
1) LandXML Format
d. Machine Control Surface Model files (LandXML format)
1) Existing Ground
2) Proposed Finished Grade
3) Proposed Grading Surface
e. Super -elevation Transition Diagrams
1) Super Diagram or Word Document
4. Temporary erosion control after PS&E corrections are complete, the
Consultant shall produce temporary erosion control worksheets and submit them in
electronic form and as half -sized plan sheets, along with the signed and dated
plans. The temporary erosion control sheets must include the following items:
a. Topography
b. New Design (does not include temporary erosion control design)
c. New Drainage
d. Wetlands and Legend
e. Ditches with slopes and arrows
f. Limits of Construction lines
g. Restricted Areas
h. Contours (Attach the contour file with a "c1" logical name) (Only show contours if
there are design contours. This would occur on reconstruction projects, not
overlays)
i. ROW. (If possible) (legend cell: tempeclegend — change the legend to match the
ROW lines used on your project)
Exhibit "A"
Page 18 of 38
5. Printing this includes effort to print and resubmit any sheets that change
based on PS&E comments (not to include errors or omissions).
6. SWPPP When required by the NPDES Construction Stormwater Permit,
the Consultant shall provide a Stormwater Pollution Prevention Plan (SWPPP)
for the project. Two SWPPP's will be required for the project, one for the grading
contract and the other for the paving contract. Each SWPPP must be developed
using NDOT's SWPPP template that will be provided by the Roadside
Stabilization Unit. The Roadside Stabilization Unit will complete a redline review
of the SWPPP and Erosion Control Plans, The Consultant shall incorporate
comments received from the Roadside Stabilization Unit prior to delivery of the
final documents.
7. QA/QC This includes an internal review by the consultant of any sheets
resubmitted to NDOT.
8. Letting Task
a. Answering questions received from Contractors during Letting Phase
b. Supplying Information to NDOT for preparing addendums
c. Shop drawing review/approvals
DELIVERABLES FOR FINAL PLANS (PS&E) PHASE INCLUDE
Plan Sheet Description
Grading Set
Paving Set
Revised Waterway Permit Data Sheet, DR Form 290
X
X
Floodplain Certification Package
X
X
Concrete Box Culvert Request Sheet, DR Form 67
X
X
Opinion of Probable Construction Cost
X
X
Project Information Sheet, DR Form 342
X
X
Project Quantity Sheet, DR Form 343E
X
X
Summary of Quantity Sheets, DR Form 355
X
X
Guardrail Summary, DR Form 195
X
X
Summary of Quantities and Locations of Surfaced
Driveways/Intersections
X
X
Table of Drainage Summary Items, "Horse blankets"
X
X
Length Sheet, DR Form 415
X
X
PS&E Required Sheet, DR Form 263
X
X
Grading Item Summary, DR Form 64E
X
X
Special provisions
X
X
Standard Plan listing
X
X
Special Plan listing
X
X
Certification of Compliance, BR Form 366
X
X
Construction and working day estimates
X
X
Two half-size set and one full-size set of Final Plans
and corresponding electronic files (stamped and signed
and preliminary stamp removed). Plans sets shall have
X
X
Exhibit "N'
Page 19 of 38
Plan Sheet Description
Grading Set
Paving Set
the following applicable sheets. Below is the order the
tans are to be arranged in the plan set.
Title Sheet (by NDOT) (Al)
X
X
Typical Cross -Section Sheets (B1 -B...)
X
X
Summary of Quantities Sheet (Prepared by NDOT)(C1)
X
X
Aerial Photo /Wetland Sheets (E1 -E ... )
X
X
HorizontalNertical Control Sheets (F1 -F...)
X
X
General Notes Sheet (G1 -G ... )
X
X
Construction Phasing Plans (H1 -H...)
X
X
Geometric Sheets (J1 -J ... )
X
Joints and Grades Sheets (J... -J...)
X
Storm Drainage Plan and Profile Sheets (J... -J...)
X
Construction Sheets (J... -J...)
X
X
Removal Sheets (J... -J ... )
X
X
Sediment and Erosion Control Sheets (J... -J...)
X
X
Water Main Plan and Profile Sheets (K1 -K...)
X
Roadway Plan and Profile Sheets (L1 -L...)
X
X
Traffic Control Sheets (M1 -M ... )
X
Pavement Marking & Signing Sheets (M... -M...)
X
Earthwork Data Sheets (Q1 -Q ... )
X
X
Drainage Cross -Section Sheets (R1 -R...)
X
X
Bridge Size Box (T1 -T...)
X
Detail Sheets (U1 -U...)
X
Retaining Wall Plan and Profile Sheets (U... -U...)
X
Retaining Wall Details (U... -U ... )
X
Traffic Signal Plan Sheets (U... -U...)
X
Right of Way Title Sheet (W1)
X
Right of Way Summary Sheet (W2)
X
Right -of -Way Plans (W3 -W ... )
X
Roadway Cross -Section Sheets (X1 -X...)
X
X
UTILITIES
Assistance this includes effort to assist the LPA with engaging the existing utility
owners.
2. Utility LocationNerif!cation the Consultant will review the utility locations
shown on the plans and verify these locations during field inspections. After the survey
is complete, plans will be printed and distributed to the Utility Companies for verification
of ownership, type, size, location, and cased or uncased.
The Consultant will request that the Utility Companies return to the Consultant marked
up plans with utility verification. The Consultant will incorporate the information into the
topography. All utilities identified in the topographic survey and verified by the individual
utility will be incorporated into the plans,
Exhibit "A"
Page 20 of 38
Identification and verification by the Utility Companies of major utility conflicts such as
fiber optic lines, gas pipelines, crude oil pipelines, high-pressure waterlines, transmission
lines, etc., will be accomplished at the earliest possible time. The Consultant and the
RC will discuss major conflicts and attempt to avoid them. If avoidance is not possible,
the Consultant will then request the Utility Company to verify the conflict and provide a
preliminary estimate of reimbursable costs associated with the utility relocation.
3. Utility Plan Submittals With each plan submittal to the LPA the Consultant will
distribute plans to public and private utilities within the project limits for review and
comment.
4. Utility Permits the consultant will assist the LPA in permitting private utilities
Exhibit "A"
Page 21 of 38
RIGHT-OF-WAY DESIGN
Overview: The following tasks will be completed to establish the existing Right -of -Way
and to design the proposed Right -of -Way. The consultant will complete and submit title
research, legal description and ROW plans.
Qualifications, Knowledge and Experience. The Services must be completed by, or
under the direct supervision of a registered abstractor who is qualified and in good
standing to complete the Services in Nebraska. Consultant must be knowledgeable and
have substantial experience completing Services of this type.
1) Existing Right -of -Way Base. This task involves certified title research including:
collecting the Plat drawings, reviewing property titles, reviewing survey data, and other
necessary information to establish the existing Right -of -Way, including easements, for
the properties abutting the project. Title Searches to be completed by a certified
abstractor. Ownership plans will be developed from this information and the consultant
will have this task completed prior to the plan -in -hand meeting.
2) Proposed Right -of -Way. The Consultant will determine the easements
(temporary and permanent) and right-of-way required to construct the project. It is
estimated that there will be up to 25 tracts associated with this project.
3) Right -of -Way Plan Sheets. The Consultant will prepare right-of-way plan sheets
to include in the plan set. The sheets will include existing property lines and all proposed
right-of-way ownerships, easements and takings will be tabulated and shown on the
sheets. Tract Maps with all legal description will be provided by the Consultant.
4) Title Research. All title research services will be completed in compliance with
the Uniform Relocation Assistance and Real Property Acquisition Act (the Uniform Act)
and with the NDOT Right -of -Way Manual. The Services must be completed by, or under
the direct supervision of a registered abstractor who is qualified and in good standing to
complete the Services in Nebraska. Consultant must be knowledgeable and have
substantial experience completing Services of this type. The State will provide
instructions and password for FTP site with final contract documents. Consultant will be
responsible for providing all necessary equipment, supplies, materials and software to
complete the Services. The Certificate of Title reports shall be signed, converted to pdf
format and submitted to State in readable electronic form. Supporting documents shall
be submitted in pdf, jpeg or tiff format. All deliverables shall be uploaded to an ftp site
specified by State using State's file naming convention.
5) Permit to occupy right of way Projects encroaching on NDOT right of way
(utilities, drainage structures, grading, etc.) need to be permitted by the NDOT District
Construction office. At the 30 percent design stage, NDOT will assist the LPA/LPA's
Exhibit "A"
Page 22 of 38
with contacting the District Engineer or Permits Officer to determine if a permit or permits
are needed.
All requests for a permit for an access shall first be submitted to the District Engineer in
whose District such access lies. Requests must be submitted on standard access permit
application form available from the Department (NDOT Form 19). The consultant shall
provide the following items to the RC for evaluation of encroachments or an access
application or the construction of an access:
1. Highway and access plan and profile.
2. Complete drainage plan of the site showing impact to the highway right of way.
3. Map and letters detailing the utility locations before and after development in and
along the highway.
4. Subdivision zoning and development plan. These should be coordinated with the
local officials and their comments should be included with the application.
5. Property map indicating other accesses and abutting public roads and streets,
including those on the opposite side of the highway.
6. Proposed access design details, such as, ADA requirements, or wetlands.
7. A Traffic Impact Study, if required.
The District Engineer will make appropriate comments and forward the application
together with the plans and other supporting data to the LPD PC/RC will coordinate with
the Right of Way Division for issuance of the permit.
ROW Deliverables at the Limits of Construction Design Stage.
a) The title researcher shall review the title research study area ("Study Area") and
search the County real estate records to identify each separate parcel of land located
within the Study Area. A separate parcel of land is all contiguous land owned by the
same owner, and held in the same title (e.g. sole owner, joint tenants, tenants in
common, etc.).
b) The title researcher shall provide a copy of the title -vesting document for the
current owner of each parcel of land in the Study Area.
c) The title researcher shall list all owners of record of the parcel within the
preceding 5 -years, and include a copy of each additional instrument conveying title to
each owner identified.
d) Title researcher shall provide a Certificate of Title Report for each parcel within
the study area. This Title Report shall be on the State's approved Certificate of Title
Report form (or a preapproved form) to report such information. Each Title Report shall
also include the following information:
I) The name of the current parcel owner(s) and how the title is held, exactly as
shown on the title vesting document(s).
ii) The owner's mailing address as shown in the County Assessor or Treasurer's
records.
iii) If the owner of record is known to be deceased, the Case Number of the
Deceased's Probate along with the name(s) of court appointed Personal
Representative(s) if available.
Exhibit "A"
Page 23 of 38
iv) Active Mortgages, Deeds of Trusts, and other financing documents, and any
assignments of such documents.
v) Active liens, agreements, conditions, limitations, restrictions or covenants
affecting title.
vi) Easements such as private water, sewer, ingress/egress (access), cell towers,
flood, and irrigation or others that encumber or restrict the use of the land.
Consultant should not provide easements for public utilities (water, sanitary
sewer, power, gas, cable, telephone and telegraph).
vii) All recorded leases except oil and gas leases.
viii) List the document recording information for each record listed in the title report
to include the date of record and instrument number.
ix) The legal description for the subject parcel of land.
x) Comments the abstractor believes are necessary for a full understanding of the
information reviewed for the parcel.
A) Name, signature, and license number of abstractor and title effective date.
e) Provide copies of all supporting documentation (deeds, easements, etc.) that are
listed in the title report in an electronic format type using the document naming
convention as specified. Consultant should not provide copies of the active mortgages,
deeds of trust or assignments that are listed on the Title Report.
D If applicable, Consultant shall provide copies of subdivision plats and surveys of
irregular tracts and tax lots with metes and bounds field notes.
g) Provide copies of deeds, easements, dedications, plats, etc., for any property
acquired by or conveyed to governmental entities.
h) Provide copies of County Cadastral Maps in counties that do not have a GIS
website.
Title Report and Supporting Document Naming Convention. For each parcel - two
separate electronic files must be submitted as detailed below:
For each parcel - One electronic file containing the Title Report
2. For each parcel - One electronic file containing ail supporting documents. This
file should include all documents as specified under the above ROW Deliverables at the
LOC Design Stage,
3. For each electronic file - file names should be simple, easy, and logical. File
names should include last name of private owner or first name of company.
Examples of File
Names
Vesting Owner
Title Report File
Name
Documents File Name
Joe Smith
Smith TR
Smith Documents
Lincoln Methodist
Church
Methodist Church
TR
Methodist Church
Documents
MSD LLC
MSD TR
MSD Documents
Exhibit "A"
Page 24 of 38
Sam Jones and Doug
Peters
Jones TR
Jones Documents
AJ Brown Auto Body
Brown TR
Brown Documents
The Consultant is to submit a geographically oriented base file in MicroStation Agn
format showing the following information for the entire project. Files may be submitted in
one file or in reference files, all necessary reference files need to be in the submittal.
• Surveyed Topography
• All construction items (feature file)
• Limits of construction.
• ROW Survey (section corners, lot corners, etc.)
• Ownership information (property lines, owner names, lot numbers, lot
lines, tract numbers, etc.)
• ROW Design (new ROW, PE's and TE's)
• ROW patterning (if placed in the base file)
• Air photo if used
On Projects the NDOT is acquiring the ROW the consultant shall submit a kmz file.
Prepare, Right of Way Cost Estimate
Overview NDOT will prepare the ROW Cost Estimate on projects located outside of the
Metropolitan Planning Organizations (MPO) of Metropolitan Area Planning Agency,
Omaha (MAPA) and of Lincoln City Lancaster County (LCLC.
Right of Way Cost Estimates will be prepared by the LPA on projects located in the
jurisdictional area of the Metropolitan Area Planning Agency, Omaha (MAPA) and of
Lincoln City Lancaster County (LCLC).
If a LPA in MAPA or LCLC elects to outsource preparation of the ROW Cost Estimate
they may do so provided ROW Cost Estimate is prepared by a real estate professional
knowledgeable of land values in the area of the project and the ROW Cost Estimate is
prepared using the following criteria].
ROW Cost Estimates - The notice to proceed with preparing the ROW cost
estimate is to be issued by the RC/PC upon review and approval of the ROW
Design by the ROW Project Coordinator. Are to be prepared by a real estate
professional knowledgeable of land values in the area of the subject property and have
adequate experience to enable them to determine the effects of the acquisition. The
ROW Cost Estimate is an estimate of the Federal Funds to be obligated for the right of
way phase of the project. The federal obligation may be revised to reflect the appraised
tract costs of the needed ROW. Upon the completion of the acquisitions of the ROW,
the federal obligation may be revised.
Exhibit "A"
Page 25 of 38
ROW Cost Estimates should include an estimate of the current value of the takings, any
damage costs, incidental costs (such as appraisal fees, negotiator fees, title fees, etc.),
relocation expenses, possible condemnation costs, and demolition fees, (ROW Cost
Estimate form PA -4). The estimate provides the LPA and their ROW Consultant with a
tract -by -tract valuation, which assists them in determining the type of valuation forms
that will need to be prepared.
Upon completion of the review and approval of the ROW plans, the NDOT PC will issue
the notice to proceed with preparing the ROW Cost estimate.
The ROW Consultant is to prepare a Right of Way Cost Estimate; the following items are
required in the estimate:
1. Land Value - The land value for all fee takings and easements shall be calculated
on a square foot cost basis in urban areas and by the acre in rural areas. Each tract
shall be evaluated as to zoning and type of use, such as business, residential, and
public use. Not all tracts will be valued at the same square foot price.
2. Damage Costs - Damage costs must be determined for each tract. These will
include cost to cure items and damages to the remainder of the property.
3. Relocation Costs - Any residential properties or businesses that will be acquired,
as part of the project needs to be included in the ROW Estimate. The estimated value of
the home or business and the additional relocation costs (relocation payments to the
owner, tenant, and Consultant fees) for each tract will be identified on the Estimate as
Relocation Costs.
4. Administrative Costs and Incidental Expenses — These costs will include the fees
for the Appraisal, Appraisal Review, and Consultant negotiation fees. An incidental cost
should be included for each tract on the project if the LPA is hiring ROW Consultants.
5. Demolition Contracts - should also include any costs associated with hazardous
materials removal.
6. Advertising Sign Cost if applicable
7. Condemnation Costs/Administrative Settlements - indicate the anticipated
percent of parcels affected by either condemnation costs or administrative settlements.
The ROW Cost Estimate includes the cost to research and acquire the right-of-way for
the project, including easements. It includes the right-of-way costs for storm water
management, wetland mitigation, and other work outside of the roadway
prism. Contractual obligations with property owners to relocate fencing, reconstruct
gates, relocate sprinkler systems, etc. are a ROW cost and are not to be a construction
item.
The cost to repair sprinkler systems on public right-of-way is ineligible for federal
participation. However, Local Public Agency policies may provide local funding to repair
underground sprinkler systems located in the public ROW and damaged by a public
project.
Exhibit "A"
Page 26 of 38
The cost to repair sprinkler systems on public property is ineligible for federal
participation. However, Local Public Agency policies may provide for local funding to
repair underground sprinkler systems located in the public ROW and damaged by a
public project. The ROW Cost Estimate is to note if local funding is available and the
estimated cost of repair of the system in the public right of way.
If the extent of the right-of-way acquisition is not known, then a contingency should be
added based upon historical settlements and awards for condemnation cases, which
must include costs for attorneys, engineering research, witness research, survey, and
staff time. The right-of-way acquisition schedule needs to be considered. Right-of-way
acquisition costs will increase quickly in rapidly developing areas Costs must include
relocation assistance and benefits for displaced individuals, families, businesses,
governments, and nonprofit organizations. Special acquisitions, such as those from
government sites can be time consuming and costly. The LPA recognizes right-of-way
estimates are dependent upon the accuracy and reliability of information concerning the
locations of the right—of-way limits on a project. A small change in the locations of the
right-of-way line, or a change in access control or drainage retentions placement,
particularly in commercial areas, can affect the right-of-way cost estimate by millions of
dollars because of required damage payments such as severance or business damages.
It is anticipated a ROW Cost Estimated is needed for 25 tracks.
Deliverables: ROW Cost Estimate form PA -4.
Exhibit "A"
Page 27 of 38
ENVIRONMENTAL SERVICES AND COORDINATION
1) Re -Evaluation of NEPA documents and commitments. The Consultant, on
the Project Sponsor's behalf, will perform a re-evaluation of the NEPA document
when the project is proceeding to the Next Major Federal Approval. The timing of
the three Re -Evaluations would coincide with the following project milestones:
1. Right of Way - After the review and approval of the Right of Way design by
NDOT's ROW Division and prior to the initial request for obligation of Right of
Way funds (based on the ROW Cost Estimate).
2. PS&E - Review of NEPA documents and commitments would occur after the
ROW Acquisition process is considered complete. Modifications to the final
design may have been made during the right of way acquisition process which
need to be evaluated for compliance with NEPA and the mitigation measure
established in the Environmental Assessment. Because there will be two bid
sets, one for grading and the other for paving, it is anticipated that two Re -
Evaluations will need to be conducted, one for each PS&E submittal.
For each Re -Evaluation, the Consultant will review the project to determine
whether the scope of the project and environmental documentation remain valid
under current policies and regulations. The Consultant will submit a "Re -
Evaluation Approval Request" for approval by the NDOT, LPA Environmental
Coordinator. If additional Re -Evaluations (beyond the two completed at the ROW
& PS&E milestones) are required due to unforeseen NDOT process or project
changes, these would be considered out of scope.
2) Update of Noise Study and Report. The Consultant shall update the noise
study completed for the DEA to reflect traffic projections for the years 2020/2040 to
the new schedule of 2022/2042. This update will consist of a memorandum
documenting the updated information.
3) Nationwide 404 Permit
Pre -Application Meeting. Consultant shall discuss with the State the necessity of
a pre -application meeting. If required, the Consultant shall arrange for, attend
and conduct a pre -application meeting with the USACE, State, the LPA, and
other interested resource agencies to discuss the wetland delineation and other
issues relating to fill and disturbance impacts. Consultant shall prepare and
distribute minutes. This activity would be considered in -scope, however
Consultant must obtain written approval from the LPA or State when acting on
the LPA's behalf, to attend and conduct the meeting. With LPA or State
approval, Consultant will be able to use the estimated hours for the meeting
attendance and documentation.
404 Nationwide Permit Application Package. Consultant shall prepare a 1st Draft
of the 404 Permit Application Package consisting of the 404 Permit Application
Exhibit "A"
Page 28 of 38
and Wetland Delineation Report, and the Waterway Permit Data Sheet from the
consultant (this is needed for NDOT review of whether all culverts and other
items are included). The package shall include a complete project description,
documentation of impacts to all wetlands and waters of the US, and wetland and
stream channel mitigation. Electronic files of the documents will be submitted to
State for review and approval. The Consultant shall revise materials per State
comments and resubmit a subsequent draft to State for review and approval.
After receiving approval, Consultant shall submit a hard copy of the 404 Permit
Application Package to USACE. The Consultant shall correspond with the
USACE regarding additional information to complete the 404 Permit Application.
It is anticipated that the project can be permitted with Nationwide Permit Number
14 for linear transportation projects and that mitigation will not be required.
Should an individual permit or mitigation be required, these would be considered
out of scope and would require a supplement.
3) Wetland Reverification
The wetland delineation for this project was conducted in September 2015 and
will expire in September of 2020 (after 5 years). If the 404 permit is not obtained
before this time, or if the USACE requires, the Consultant will conduct a
reverification of the original delineation. The reverification will consist of a site
visit to determine if there were any changes to wetlands or channels from the
original delineation. Photographs will be taken to document current conditions
and, if needed, additional wetland sample points will be taken to document
changes from the original delineation. Results of the reverification will be
summarized in a wetland memorandum and provided to NDOT and the Project
Sponsor.
4) Other Permits, The Consultant shall prepare and submit on behalf of the LPA
the following permits, certifications, and forms. The Consultant shall copy the
RC (NDOT) on all applications submitted.
a. Floodplain Permit
b. Army Corps of Engineers 404 permit
c. National Pollution Discharge Elimination System, Storm -water
Pollution Prevention Plan & Notice of Intent (NPDES, SWPPP & NOI)
(NDOT)
d. Wetland Impact calculations form DR290 Waterway Permit Data
Sheet
DELIVERABLES:
1. Re-evaluation Approval Request (2)
2. Noise Study memorandum updated to 2022/2042
3. 404 Nationwide Permit Application Package
WATERLINE RELOCATION/RECONSTRUCTION
Exhibit "A"
Page 29 of 38
This task involves the relocation of the City of Blair's 12" water main running
perpendicular to the proposed project. The large cuts necessary to complete the
grading for the bypass will require relocating this water main.
1. Water Main Relocation, Plan Sheets
2. (SP-). The design of water mains, water distribution systems, valves, backflow
preventers, fire hydrants, etc. shall comply with the Federal and State Safe Drinking
Water Acts. The design of the system shall generally follow the standards of the
American Water Works Association (AWWA) and the Recommended Standards for
Water Works, a Report of the Committee of the Great Lakes -Upper Mississippi River
Board of State Public Health and Environmental Managers (10 -State Standards). The
design and construction of the improvement shall comply with LPA's Standard
Specifications for Construction and Standard Plans if applicable. Fire flow requirements
shall generally follow those in the Fire Suppression Rating Schedule published by the
Insurance Services Office. All plans for the construction of water system improvements
shall be reviewed and approved by the LPA's Public Works and Utilities Department, the
Local Fire Department and if applicable the State of Nebraska Department of Health and
Human Services, prior to construction. The Nebraska Safe Drinking Water Act and
regulations require plans and specifications for all major construction related to public
water systems be prepared by a registered professional engineer and be approved by
the Department of Health and Human Services before construction costs are committed
by the system owner. The law defines major construction as structural changes that
affect the source of supply, treatment processes, or transmission of water to service
areas, but it does not include the extension of service mains within an established
service area.
• Horizontal Alignment
• Vertical Alignment
• Detail Drawings
• Utility Conflict Verification and Resolution
GEOTECHNICAL
Geotechnical Investigations was completed in preliminary design phase. The
Consultant shall follow the recommendations of this report in Final Design.
MISC. ITEMS
1) Extended Preliminary Engineering Services the Consultant may provide
extended PE services through a supplement to this agreement.
2) Construction Engineering Services. The Consultant may provide Construction
Engineering Services through a separate agreement.
Exhibit "A"
Page 30 of 38
SCHEDULE
Project Timeline. The Consultant shall prepare a schedule for project milestone dates
and the schedule will be updated quarterly or if dates change. The consultant will show
old dates with the updated schedule dates. The schedule will be printed on a separate
document as well as included in the agreement. The document will include the project
name, the project number, project control number consultant firm name, project manager
and date.
Exhibit "A"
Page 31 of 38
Grading Package
Paving Package
Notice to Proceed for PE
March 2, 2020
March 2, 2020
Submit LOC Plans
July 1, 2020
July 1, 2020
Receive LOC Comments
July 29, 2020
July 29, 2020
Submit Draft PS&E (90%) Plans
October 2, 2020
December 1, 2021
Prepare ROW Cost Estimate
November 4, 2020
September 4, 2020
Complete ROW Negotiations and
Acquisitions
August 2, 2021
June 1, 2021
PS&E Turn in
August 2, 2021
May 4, 2022
Let Project
November 17, 2021
August 17, 2022
Exhibit "A"
Page 31 of 38
Preliminary and Final Design
Consultant Estimate of Hours
Project Name: Bial,South Bypass Final Deslitn
Project Number. STP -DPS -3854(1)
Control Number•- 22508
Location (City, County): Stair, Nebraska
UR
Firm Name: Felsburg Heft & llilevig
H 0 LT
Consultant Project ldanagen "aft McFadden
`
PhonalEmaii: 402.44&44051mad.mcfadden@mueng.cam
,y I
ULLE�(
City RC: Al Schoemaker
Phone/Email: 402-42&41911 eM&Iahnebraske.org
NDOTPC: Nkola Taylor
Phone/Em ail: 402.479.38591 nlcole.tayior@nebraska.gov
Date: D—unber18,2010
Exhibit "A"
Page 32 of 38
Preliminary and Final Design
Consultant Estimate of Hours
Project Name: Blair South Bypass Final Design
Project Number- STP-DPS-3554(1)
Central Number- 22505
MIMIMM 'EB'
Location (City, County): Blair, Nebraska
Firm Name: FaNbwg Holt B Ullsvig
��
Consultant Project Manager: Matt McFadden
,+,,..� EAd'6•m
Phone/Emall: 402-445.44051 mall.mcfaddengmVeng.com
`' U L L Ep. �fp'
City RC: Aj Schoemoker
PhonelEmall: 402-4284191 / ars®blelrnebraska.org
NDOTPC: Nkole Taylor
Phone/Emall: 402.4793559/ nlmle.leylor®nebraska.goy
Date: December 15, 2919
CLASSIFICATIONS-:
PR = Principal ENG = Engineer AOM Admtnlstrattva
PM = Project Manager DES = DesignerRechnkWn LS Land Surveyor
3ENG= SeniorEngineer SENV = Senior Environmental Sdangst SC Survey Crew
ENV= EOVlronmanlal$cIsmisl SDES = Senior DesIgnerfr¢Umldan
"For User-Deffned ClassiWatlore, you Wjdneed to add the Classifications Legato facatedabove. To enlefa dery ofassifirshfort, replace'UDt'Wifh Ns abbraviabM (BX GRA) and repiace'User Defined 1° v114 the
Exhibit "A"
Page 33 of 38
Preliminary and Final Design
Labor Rates
Project Name: Blair South Bypass Final Design
Hours
Project Number: STP -DPS -3854(1) mm"
FELSBURG
Control Number: 22508
25
Location (City, County): Blair, Nebraska
$2247.50
Firm Name: Felsburg Holt & Ullevig
_ _
Consultant Project Manager: Matt McFadden
tn� p tl
L L A
Phone/Email: 402-045-44051 matt.mcfadden@fhueng.com
358
County Project Liaison: At Schoemaker
$20,867.82
Phone/Email: 402-426-4191 1 ars@blairnebraska.org
917
NDORRC: Nicole Taylor
$34,526.05
Phone/Email: 402.479.38591 nicole.taylor@nebraska.gov
829
Date: 12/16/2019
$40156.76
Labor Costs:
Code I Classification Title
Hours
Blended Rate
Amount
PR Principal
25
$69.90
$2247.50
PM Protect Mana er
314
$78.37
$24,608.18
SENG Senior En ineer
358
$58.29
$20,867.82
ENG En ineer
917
$37.65
$34,526.05
SDES Senior Desi nedrechnician
829
$48.44
$40156.76
DES Desi nerrrechnician
SDES = Senior Designerfrechnician
SENV Senior Environmental Scientist
154
1 $52.40
$8,069.60
ENV Environmental Scientist
86
$38.17
$3,282.62
ADM Administrative
$31.77
LS Land Surve or
Principal 1
$69.23
25.00%
SC Surve Crew
Engineer V
$49.52
25.00%
Josh Pallk, PE
Engineer V
$51.92
25.00%
TOTALS
3512:3
$62.50
$133,757.53
Blended Rates Worksheet
Overhead Rate:
172.76% Fixed Fee: 12.86%
FCCM (if applicable)
SALARY.
CLASSIFICATIONS:
CLASSIFICATION'RATE
PR =
Principal
ENG = Engineer ADM
= Administrative
PM =
Project Manager
DES = Designerfrechnician LS
= Land Surveyor
SENG =
Senior Engineer
SENV = Senior Environmental Scientist SC
= Survey Crew
ENV =
Environmental Scientist
SDES = Senior Designerfrechnician
Blended Rates Worksheet
' input actual employee classification as designated by firm.
2 Total of "% Assigned" must equal 900% for each personnel classification category. Ifone person in classification, list them as 100% for "%
Assigned".
Exhibit "A"
Page 34 of 38
STAFFING PLAN
SALARY.
EMPLOYEE NAME
CLASSIFICATION'RATE
%ASSIGNED'
Principal
Kyle Anderson, PE, PTOE
Principal II
$89.90
100.00%
Blended Rate:
$89.90
Project Manager
Matt McFadden, PE
Principal I
$78.37
100.00%
Blended Rate:
$78.37
Senior Engineer
Dave Lampe, PE
Principal 1
$69.23
25.00%
Jodi Kocher, PE
Engineer V
$49.52
25.00%
Josh Pallk, PE
Engineer V
$51.92
25.00%
Mark Meisinger, PE, PTOE
_ Associate
$62.50
25.00%
Blended Rale:
$58.29
Engineer
Brandon Vacek, PE
Engineer 111
$37.02
40.00%
Dan Barth, PE
Engineer III
$37.50
20.00%
Connor Gllinsky, FE
Engineer 1
$29.33
10.00%
John Heine, PE
Engineer 111
$41.35
30.00%
Blended Rate:
$37.65
Senior Designer/Technician
Brian Moffatt
Senior Designer
$48.25
75.00%
Larry Lagsding
Senior Designer
$49.00
25.00%
Blended Rate:
$48.44
Senior Environmental Scientist
Allison Sambol
Senior Environmental Scientist
$50.96
85.00%
Dale Tischmak
Associate
$60.58
15.00%
Blended Rate:
$52.40
Environmental Scientist
Kody Unstad
Environmental Scientist 111
$38.46
80.00%
Adam Behmer
Environmental Scientist III
$37.02
20.00%
Blended Rate:
$38.17
Administrative
Marissa Hop
Administrative
$21.50
50.00%
Stephanie Weiss
Administrative
$42.03
50.00%
Blended Rate:
$31.77
' input actual employee classification as designated by firm.
2 Total of "% Assigned" must equal 900% for each personnel classification category. Ifone person in classification, list them as 100% for "%
Assigned".
Exhibit "A"
Page 34 of 38
Preliminary and Final Design
Direct Expenses
Project Name: Blair South Bypass Final Design
Amount
Project Number: STP -DPS -3854(1)
FE
Control Number: 22508
G
Location (City, County): Blair, Nebraska
LTi
Firm Name: Felsburg Holt & Ullevig
M
Consultant Project Manager: Matt McFadden
LLE °
Phone/Email: 402-445-0405 / matt.mcfadden@fhueng.com
Actual reasonable cost, giving the State all discounts
County Project Liaison: At Schoemaker
$790.00
Phone/Email: 402-426-4191 /ars@blairnebraska.org
NDOR RC: Nicole Taylor
Phone/Email: 402.479.3859 t nicole.laylor@nebraska.gov
Date: 12/16/2019
Printing and Reproduction: Quantity Unit Cost
Amount
5000 B&W prints 6000 $0.12
$600.00
1000 Color Prints 1000 $0.19
$190.00
ripment
Actual reasonable cost
rately Owned Vehicle
Actual reimbursement amount to employee, not to exceed rates for company vehicles outlined above
omobile Rental
Actual reasonable cost
fare
Actual reasonable cost, giving the State all discounts
Subtotal
$790.00
Per Diem Rates:
Mileage Rates:
tt 7/VAvwAsa goy/portal/category/l04711
httpVAAiww gsa oov/portal/category/104715
ok and White Copies
Actual reasonable cost
or Copies
Actual reasonable cost
cellaneous Postage, Mailing, Deliveries Etc.
Actual reasonable cost
ripment
Actual reasonable cost
rately Owned Vehicle
Actual reimbursement amount to employee, not to exceed rates for company vehicles outlined above
omobile Rental
Actual reasonable cost
fare
Actual reasonable cost, giving the State all discounts
Statewide Omaha/Douglas County
Breakfast
Lunch
Dinner
Incidentals
`A full list of rates can be found at the following website: www.osa iov/oerdiem
Exhibit "A"
Page 36 of 38
Preliminary and Final Design
Project Cost
Project Name: Blair South Bypass Final Design
Hours
Project Number: STP -DPS -3854(1)
Amount
Control Number: 22508
F I
Location (City, County): Blair, Nebraska
_ -
Firm Name: Felsburg Holt & Ullevig
- T
LT
Consultant Project Manager: Matt McFadden
- -
Phone/Email: 402-445-4405 / matt.mcfadden@ihueng.00m
ULLEVIG
LPA Responsible Charge: Al Schoemaker
--
Phone/Email: 402-426-4191 / ars@blalrnebraska.org
917
NOOR Project Coordinator: Nicole Taylor
$34,526.05
Phone/Email: 402.479.3859 / nicole.tayior@nebraska.gov
829
Date: December 16, 2019
$40156.76
Direct Labor Costs:
Personnel Classification
Hours
Rate
Amount
Principal
25
$89.90
$2,247.50
Project Manager
314
$78.37
$24,608.18
Senior Engineer
358
$58.29
$20,867.82
Engineer
917
$37.65
$34,526.05
Senior Engineer
829
$48.44
$40156.76
Desi.clnerfrechniclan
Senior Environmental Scientist
154
$52.40
$8,069.60
Environmental Scientist
86
$38.17
$3,282.62
Administrative
$31.77
Land Surveyor
Survey Crew
TOTALS
-2683
: $133,757.53
Direct Expenses:
Amount
Subconsullants
$39,080.00
Printing and Reproduction Costs
$790.00
Mllea errravel
$219.24
Lodging/ Meals
$46,13 1.66
Other Miscellaneous Costs
Direct Expenses
$6,392.16
TOTALS
$46,481.40
Total Project Costs:
.Amount
Direct Labor Costs
$133,757.53
Overhead 0 172.76%
$231079.51
Total Labor Costs
$364,837.04
Fixed Fee Q 12.85%
$46,13 1.66
FaclIlty Capital Cost of Money FCCM direct labor cost x FCCM
Direct Expenses
$46,481.40
PROJECT COST:
$458,200.00
Exhibit "A"
Page 36 of 38
INNER*;, INME
NEPA Re -Evaluations are required at each federal -aid milestone e.. moving from Final Desi n Into ROW from ROW to PS&E etc.
Re -Evaluations for each planset
Assumes the Section 404 pe"it will be a NWP x and coordination vrith the Corps vrill Include the PCN and potentially a pre -application meeting.
The wetland delineation Is 5 years old and needs re -done to ensure compliance with Corps regulations.
A. Project Management and Quality Control
1 Project Manaliement
2 Project Descd tion/Pur ose & Need
3 Quality Assurance / Quallty Control
B. Meethris
1 Ovmer Meelin s 1 Kick-off mtg & 2 Propress mf s -Assume PM Sr Eon, two Enii, Sr. Env. Sct. for each mt
apl"eegfl
3 LPA/NDOT Coordination Meetings Two meetings- Assume PM Sr Ern, two Eng, Sr. Env. Sol. for each min lust 2 -hour travel time for each meeting
4 Meeting with Unities 1 utility mooting and 2 one on one meetings v4th utlilies - 3 hrs each for PM & En
C. Survey Survey to be completed by EGA tasks 1-8 - Hours below are for FHU coordination
1 Field Survey FHU Coordination - 2 hours
2 Digital Terrain Model FHU Review -1 hr
3 Base Map Pre erallon FHU Review -1 hr
4 Horizontal and Vertical Control
5 Existing Uhlifies
6 Note ReductlonlPrellminary Plotting
7 Negotiations Staking the Right of Way FHU Coordination vdih Surveyor- 2 hrs/tract, 4 tracts
6 Slaking ROW far Condemnation Hearing FHU Coordination vdth Surveyor- 2 hrattracl, 3 tracts
9 Condemnation Plats FHU to complete -4 hrAract, 3 tracts
D. Intentionally Left Blank
E. Final Roadway Design Limits of Construction 5%
1 Complete Form DR -76 4 hr Eng, 1 hr review PM
2 Data Collection and Review 16 hr total
3 Roadway Horizontal Alignment 16 hr total
4 Roadway Vertical Alignment 24 hr total
5 Modeling and Template Roadway Cross Sections 160 hr grading plans, 40 hrs paving
6 Limits of Construction 16 hr total
7 Earthwork 16 hr grading plans,16 hr paving plans
8 Roadway Geometric Design 40 hrs total
9 Stonn Sewer and Drainage 40 hrs to complete Final Drainage Report, 49 Cl A 2 hrs as, 54 RCP P 2 hrs as, 24 hrs to complete revisions/address comments
10 Roadway and Driveway Culverts 3 Culverts -1 being the larpe box culvert. 3 hours each for the small culverts 16 hours for the box
11 Construction and Removal 80 hrs prading plans, 160 hrs paving plans
12 Utility Coordlnallon/Veritication 16 hrs total
13 Construction Phasing/Detour Routeffemporary Roads 40 hours total
14 Erosion Control 24 hrs grading plans, 24 hrs paving plans
15 Retaining Wall Design 2 walls at 16 hrs/ wall
16 Quantities/Estimates 24 hrs grading plans,40 hours paving plans
17 Typical Sections 16 hrs total
182W/2A Sheets 4hrs
19 Plan ProductionflPrintina 40 hrs grading, 40 hrs paving
20-GuardraWBartiep
24 -Plead lain-PEwni 'sr+
22 Flood lain Permit 8 hrs
2344aa 4R44.fld•Meetin
24 Working Day Calculations 8 hrs grading 8 hrs paving
25 Pavement Determination We have this from Prelim Design
26 Traffic Signal Pians 60 hours for signal plans at Hwy 30 & Hollow Rd 4 hrs for conduit plans at Hwy 75 intersection
27 Traffic Signal Interconnect Plans 40 hrs
28 Signing and Strlpinq Plans 16 hrs
F. Draft PS&E Submittal 90% f
1 Incorporate Review Comments 80 hrs
2 Opinion of probable cost 4 hrs
3 Special Provislons 8 hrs
4 Draft PS&E Package Submittal 40 hrs
G. Final PS&E SubmiltallBiue Ltne Corrections
1 Final PS&E Submittal 40 hrs
2 Address comments or guestions 16 hrs
3 Electronic CADD File Submittal 8 hrs
4 Temooraw Erosion Control 16 hrs
5 PrIntina a hrs
6 SVYPPP 16 hrs
7 QA/QC Included In Task A3
8 Letting Task 16 hrs
H. UtJlltV Coordination i
1 Assistance 4 hrs
2 Utility LocatlonNerification 8 hrs
3 Utility Plan Submittals 8 hrs
4 Utility Coordination and Meetings 4 hrs
I. Rlobt-of-Wav Desion
1 Existing Right -of -Way Base Reviewing titles for each property to Verify ROW
2 Proposed Ripht-of-Way 24 hrs
3 Right -of -Way Plan Sheets 2 hrs per sheet
4 Title Research 25 tracts Sub will obtain titres FHU to review and verify -1 hour each
5 Permit to occupy right of way Effort for permit is minimal effort to address comments can be considerable- 24 hrs
6 Prepare ROW Cost Estimate Verify that this Is a design task, and not an appraiser task -1 hr per tract
7 Prooertv Ovmer Questions 1 h per tract
8 Revisions 24 hrs
J. Environmental Services and Coordination
1 Re -Evaluation of NEPA Documents and Commitments (Required 3 times ROW, PS&E1 PS&E2 40 hrs each
2 Update Noise Study and Report 16 hrs
Exhibit "A"
Page 37 of 38
3 Nationwide 404 Permit
4 Welland Reverificdon
5 Other Pennils
Flood IainPermit
NPDES SWPPP & N01
Wetland Impacts 2W sheets
K. Water Main Rel—flon (By EGA To be completed
by EGA 'I
I Water Main Relocation Plan Sheets
2 Water Main Horizontal All nment
3 Water Mein Vertical All nment
4 Water Main Detail Drawln s
5 11UiI ConUicl Verification and ResoluUon
L. Public Involvement Intenfional Left Blank
I
M. Geotechnical Exploration and Analysis (Completed during Preliminary Design)
N. En ineenn Services Dud Constmction
IntenUonally Left Bienk
Le - 6084.49
Nomberel XS= 230 #wen atxs= s2
Hor. Cor. Len= 480200
Poen Sheet i Corer Sheet
4 T rel Sestlons
2 2Wc
3 241
asta alp Prp'eQ= w nrHes fano vay
3 2-N
U m roots Wp
e 24ecomm
10 ConsWe@onBRemovai
Travel Bme= 0.6 hn mm
4 Ptn SProNe Sheets
12 M roondW
1S CWeR x—Shaete 3 reheat
77 xeemore 3 reheet
2 T. ' ndsheets
3 ROW Sheet
142 Tee)Ren Set
Exhibit "A"
Page 38 of 38
EXHIBIT "b"
NEB n SSK — FEES AND PAYMENTS
DEPARTMENT OF TRANSPORTATION
Template T-EXH-1 CPFF (rev 10-24-19)
1. PAYMENT METHOD
Payments under this Agreement will be made based on a Cost Plus Fixed Fee for Profit
(CPFF) payment method. Consultant will be paid for acceptable actual services performed
in accordance with Section 4. ALLOWABLE COSTS, plus a fixed fee for profit in
accordance with Section 6. FIXED FEE FOR PROFIT.
2. MAXIMUM AGREEMENT AMOUNTS
The following are the maximum amounts established in this Agreement for each category of
cost. Consultant shall not exceed these amounts without prior written approval from LPA,
or State on LPA's behalf. The "indirect costs and direct expenses" category may be
adjusted to exceed the amount listed below, however any adjustment will not increase the
total agreement amount.
AMOUNT CATEGORY
$133,757.53 for actual direct labor costs
$ 277,560.91 for indirect costs and direct expenses
$ 46,881.56 for a fixed fee for profit
$458,200.00 total agreement amount
3. SUBCONSULTANT OVER -RUNS AND UNDER -RUNS
Consultant shall require all of its subconsultants to notify Consultant any time it has been
determined that a subconsultant's costs will exceed its fee estimate (over -run). Consultant
must provide acceptable justification and obtain LPA, or State on LPA's behalf, prior written
approval before exceeding the subconsultant's fee estimate. If the amount of any
subconsultant's cost is less than its fee estimate (under -run), Consultant understands that
the amount of the under -run will be subtracted from the total compensation to be paid to
Consultant under this Agreement, unless LPA, or State on LPA's behalf, gives prior written
approval and, if necessary, approval from Federal Highway Administration (FHWA).
4. ALLOWABLE COSTS
Allowable costs are direct labor costs, indirect costs, and direct non -labor costs, as defined
below, which Consultant has incurred within 90 days before State received Consultant's
invoice. Costs that Consultant incurred to correct mistakes or errors attributable to
Consultant's or Subconsultant's own actions are not allowable costs, even if those costs
would not exceed the amounts listed in Section 2. MAXIMUM AGREEMENT
AMOUNTS.
A. Direct Labor Costs are what Consultant pays its employees for the time they are
working directly on the project, and are calculated by multiplying the hourly rate of pay
by the hours worked.
1) Hourly Rates: For hourly employees, the hourly earnings rate shall be the
employee's straight time hourly rate for the pay period in which the work was
performed. If overtime hours are worked on this project, the premium pay portion of
those hours are not allowable as direct labor cost.
For salaried employees, the hourly earnings rate shall be the employee's actual
hourly rate as recorded in the Consultant's accounting books of record, multiplied by
the hours worked.
Project No. STP -DPS -3854(1) Sheet 1 of 9
Control No. 22508 Agreement No. BK2003
EXHIBIT "B"
FEES AND PAYMENTS
2) Time Reports: The hours charged to the project must be supported by adequate
time distribution records that clearly indicate the distribution of hours by all
employees to all projects/activities on a daily basis for the entire pay period. Time
reports must provide a clear identifying link to the projects, such as project
description, project number, pertinent work phase, dates of service, and the
employee's name and position. There must be an adequate system of internal
controls in place to ensure that time charges to projects are accurate and have the
appropriate supervisory approval.
B. Indirect Costs (Overhead and FCCM) are the indirect labor costs, indirect non -labor
costs, and direct labor additives that are allowable in accordance with Federal
Acquisition Regulations 48 CFR 31 (Contract Cost Principles and Procedures).
Indirect costs are to be allocated to the project as a percentage of direct labor costs.
The Consultant will be allowed to charge the project using its actual allowable Indirect
Cost Rates (ICR); or if the ICR is unknown or unavailable, Consultant will be allowed to
use the most recent provisional ICR approved by State. Increases in the ICR that
occur during the project period will not be cause for an increase in the total agreement
amount established in Section 2. MAXIMUM AGREEMENT AMOUNTS.
C. Direct Non -Labor Costs (Direct Expenses) are all necessary, actual, properly
documented, and allowable costs related to the Consultant completing the Services. All
costs must be supported by detailed receipts or invoices. Direct non -labor costs
include, but are not limited to, the following:
Transportation, mileage, lodging, and meals, subject to limitations specified
below,• Communication costs; Reproduction and printing costs; Special
equipment and materials required for the project and approved by LPA, or
State on LPA's behalf; Special insurance premiums if required solely for this
Agreement; Subconsultant costs; Such other allowable items as approved by
LPA, or State on LPA's behalf.
1) A non -labor cost charged as a direct cost cannot be included in Consultant's
overhead rate. If, for reasons of practicality, Consultant is treating a direct non -labor
cost category in its entirety as an overhead cost, then costs from that category are
not eligible to be billed to this project as a direct expense.
2) Subconsultant costs may not exceed the costs shown on the attached Consultant's
Fee Proposal for each subconsultant unless agreed upon by the Consultant and
LPA, or State on LPA's behalf. Consultant shall require subconsultant costs to have
the same level of documentation as required of Consultant. Consultant must review
subconsultants' invoices and progress reports to ensure they are accurate, costs
are allowable, and properly documented before sending invoices of those costs to
State.
3) The following direct non -labor costs (direct expenses) will be reimbursed at actual
costs, not to exceed the rates as shown below.
a) TRANSPORTATION —Automobile rentals, airfares, and taxi/shuttle
transportation will be actual reasonable cost and, if discounts are applicable, the
Consultant shall give LPA and State the benefit of all discounts. Receipts must
be submitted with invoices, A bank card receipt alone is not sufficient
documentation.
b) MILEAGE —The reimbursement for mileage associated with the use of company
owned vehicles will be the prevailing standard rate as established by the Internal
Project No. STP -DPS -3854(1) Sheet 2 of 9
Control No. 22508 Agreement No. BK2003
EXHIBIT "b"
FEES AND PAYMENTS
Revenue Service (IRS) through its Revenue Procedures. Reimbursement for
mileage associated with the use of a privately owned vehicle (POV), is limited to
the lesser of:
(i) The mileage rate that the Consultant reimbursed to the person who
submitted the claim for POV use; or
(ii) The prevailing standard rate as established by the IRS.
c) LODGING — The reimbursement for lodging rates will be limited to the prevailing
standard rate as indicated on the U.S. General Services Administration's (GSA)
website at http://www.gsa.gov/portal/category/100120. Consultant shall give
LPA and State the benefit of all lodging discounts. Receipts must be submitted
with invoices.
d) MEALS — The reimbursement for meals and incidental expenses will be limited
to the prevailing standard rate as indicated on the GSA website noted above.
Expenses for alcoholic beverages are not allowed. Consultant shall give LPA
and State the benefit of all meal discounts.
(i) For Consultant and its employees to be eligible for the meal allowance, the
following criteria must be met.
Breakfast:
• Employee is required to depart at or before 6:30 a.m., or
• Employee is on overnight travel.
Lunch:
• Employee must be on overnight travel. No reimbursement for same
day travel.
• Employee is required to leave for overnight travel at or before 11:00
a.m., or
• Employee returns from overnight travel at or after 2:00 p.m.
Dinner:
• Employee leaves for overnight travel at or before 5:00 p.m., or
• Employee returns from overnight travel or work location at or after
7:00 p.m., or
• Employee is on overnight travel.
(ii) Meals are not eligible for reimbursement if the employee eats within 20 miles
of the headquarters town of the employee.
(iii) Meal receipts must itemize all food and drinks purchased. A bank card
receipt alone is not sufficient documentation. If receipt does not itemize all
food and drink purchased at the meal, reimbursement is limited to a
maximum of $4.99 for that meal.
(iv) Reimbursement for meal gratuities/tips will be whatever is usual or
customary, but should not exceed 20 percent.
5. INELIGIBLE COSTS
State will not pay for costs incurred prior to the Notice to Proceed date or after the
completion deadline date set out in the NOTICE TO PROCEED AND COMPLETION
SCHEDULE Section of this Agreement or as approved in writing by LPA, or State on LPA's
behalf. Per Section 4. ALLOWABLE COSTS, State will not pay for costs incurred, but not
submitted to State within 90 days of the date incurred. Consultant (including its employees)
is assumed to have incurred travel costs on the day travel occurred. Consultant is assumed
Project No. STP -DPS -3854(1) Sheet 3 of 9
Control No. 22508 Agreement No. BK2003
EXHIBIT 13"
FEES AND PAYMENTS
to have incurred costs from a Subconsultant on the same day the Subconsultant incurred
the cost.
6. FIXED FEE FOR PROFIT
A. The fixed fee for profit amount payable to Consultant is identified in Section 2.
MAXIMUM AGREEMENT AMOUNTS. For each invoicing period, the Consultant may
invoice State a portion of the fixed fee for profit equal to the sum of the actual direct
labor costs and overhead (Indirect Costs, excluding FCCM if applicable) for the period,
multiplied by the profit rate of 12.85%. Upon completion of the services outlined in this
Agreement, the Consultant may invoice State any remaining fixed fee for profit not
previously invoiced. If all of the services under this Agreement are not completed for
any reason, LPA, or State on LPA's behalf, may decrease the amount of fixed fee for
profit based on LPA's and State's determination of the actual percentage of services
completed.
B. Subconsultants fixed fee for profit (if applicable): The above provisions regarding fixed
fee for profit applicable to the Consultant must be applied by Consultant to all
Subconsultant contracts that utilize the cost plus fixed fee (CPFF) payment method. If
all of the services allocated to Subconsultant(s) under this agreement are not completed
for any reason, the fixed fee for profit paid to Subconsultant(s) must be reduced based
on the LPA's and State's determination, or Consultant's determination with LPA's and
State's concurrence, of the actual percentage of services completed by the
Subconsultant.
7. INVOICES AND PROGRESS REPORTS
A. Consultant shall promptly submit invoices to State based on Consultant's billing period,
but shall not submit more than one invoice per month. Invoices must include all
services completed and allowable costs incurred during the billing period, and include
the allowed Fee for Profit. Invoices may also include a request for services provided or
costs incurred during a prior billing period, including subconsultant costs, with an
explanation for why those costs were not previously included in an invoice, so long as
those costs were incurred no more than 90 days prior to State's receipt of the invoice.
Accordingly, State retains the sole discretion to not pay for costs incurred that have not
been invoiced as provided above.
B. In the event Consultant has incurred otherwise allowable costs, and such costs would
exceed the maximum direct labor costs or total agreement amount listed in Section 2.
MAXIMUM AGREEMENT AMOUNTS, Consultant shall list such costs on the invoice,
but they must be subtracted from the total invoice amount submitted to State for
payment.
C. Content of Invoice Package (In order presented)
1) Consultant's Invoice:
I. The first page of an invoice must identify the company's name and address,
invoice number, invoice date, invoicing period (beginning and ending dates of
services), and agreement or task order number.
ii. The invoice or accompanying supporting documentation must identify each
employee by name and classification, the hours worked, and the actual labor
cost for each employee.
iii. Direct non -labor expenses:
Project No. STP -DPS -3854(1) Sheet 4 of 9
Control No. 22508 Agreement No. BK2003
EXHIBIT "b"
FEES AND PAYMENTS
1. Direct non -labor expenses, other than travel -related expenses, must be
itemized and provide a complete description of each item billed with
supporting receipts or invoices.
2. Travel -related expenses must be summarized and submitted on NDOT
Form 163 (see below). Supporting receipts must be submitted with NDOT
Form 163 when invoicing for these expenses.
3. All supporting receipts must be kept as required in Section 18.
CONSULTANT COST RECORD RETENTION.
iv. Subconsultant Services: Consultant shall require subconsultants to provide the
same supporting documentation, invoices, and receipts as Consultant is
required to retain and submit.
2) Progress Report: A Progress Report must accompany the invoice package
documenting Consultant's work during the service period. If an invoice is not
submitted monthly, then a Progress Report must be submitted at least quarterly via
email to LPA and State's Project Coordinator. All Progress Reports must include,
but are not limited to, the following:
I. A description of the Services completed for the service period to substantiate
the invoiced amount.
ii. A description of the Services anticipated for the next service period
iii. A list of information Consultant needs from LPA, or State on LPA's behalf
iv. Percent of Services completed to date
3) Cost Breakdown Form: Each invoice package must include a completed "Cost
Breakdown Form" (NDOT Form 162). This form is available on the State's website
at http://dot.nebraska.gov/business-center/consultant/.
4) Travel Log: If an invoice contains any travel -related expenses, then a completed
"Invoice Travel Log" (NDOT Form 163) must be included with the invoice package.
This form is available on the State's website. Upon approval by State, Consultant
may use a substitute Invoice Travel Log provided it documents substantially the
same information as NDOT Form 163. The Travel Log must document the
employee's name, locations traveled, date/time of departure to the project, date/time
of return to the headquarters town, and expenses for transportation, meals, and
lodging.
D. All invoice packages (invoice, progress report, required NDOT Forms, supporting
material) must be submitted electronically through State's OnBase Invoice Workflow
System for review, approval, and payment. The user guide for the OnBase Invoice
Workflow system, along with training videos can be found at
http://dot.nebraska.gov/business-center/consultant/onbase-help/.
E. Notice of Public Record: Documents submitted to State, including invoices, supporting
documentation, and other information are subject to disclosure by State pursuant to the
Nebraska Public Records Act found at Neb. Rev. Stat. § 84-712 et.seq.
ACCORDINGLY CONSULTANT SHALL REDACT OR NOT SUBMIT TO STATE
INFORMATION THAT IS CONFIDENTIAL INCLUDING BUT NOT LIMITED TO
FINANCIAL INFORMATION SUCH AS SOCIAL SECURITY NUMBERS TAX ID
NUMBERS, OR BANK ACCOUNT NUMBERS. Consultant understands that State
does not have sufficient resources to review and redact confidential information
Project No. STP -DPS -3854(1) Sheet 5 of 9
Control No. 22608 Agreement No. BK2003
EXHIBIT "13"
FEES AND PAYMENTS
submitted by Consultant. If such confidential information is submitted, Consultant shall
have no right of action of any kind against State for the disclosure of such information.
8. PAYMENTS
State, on LPA's behalf, will pay Consultant after receipt of Consultant's invoice and
determination by LPA, or State on LPA's behalf, that the invoice and progress report
adequately substantiate the Services provided, and the Services were completed in
accordance with this Agreement. Payments will not be made if the progress report does
not provide adequate substantiation for the Services, or LPA or State determines that the
Services have not been properly completed. State, on LPA's behalf, will make a
reasonable effort to pay Consultant within 30 days of receipt of Consultant's invoices.
9. PROMPT PAYMENT CLAUSE
Consultant shall include a "Prompt Payment Clause" as a part of every subcontract for
work, including lower tier subcontracts. The "Prompt Payment Clause" will require progress
payments to all subconsultants for all work completed, within twenty (20) calendar days
after receipt of progress payments from the State for said work. If Consultant fails to carry
out the requirements of the "Prompt Payment Clause" without just cause, is a material
breach of this Agreement. In such situation, State may withhold any payment due to
Consultant until all delinquent payments have been made (no interest will be paid for the
period that payment was withheld), terminate this Agreement, or any other such remedy as
State deems appropriate. Consultant may withhold payment from a subcontractor only for
just cause, and must notify the State in writing of its intent to withhold payment before
actually withholding payment. Consultant shall not withhold, delay, or postpone payment
without first receiving written approval from the State.
10. SUSPENSION OF PAYMENTS
When work is suspended on this project, payments shall be suspended until the work
resumes or this Agreement is terminated. Consultant shall not be compensated for any
work completed or costs incurred on the project after the date of suspension. When work is
suspended for convenience, Consultant shall be compensated for work completed, or costs
incurred prior to the date of suspension. When work is suspended for cause, payments
shall be withheld until all remedial action is completed by Consultant to the satisfaction of
LPA and State, at Consultant's sole cost.
11. OVERHEAD ADJUSTMENT INVOICES
A. After State receives Consultant's latest Indirect Cost Rate (ICR) submittal and State
establishes an approved ICR for Consultant, Consultant shall submit a separate
Overhead Adjustment Invoice that reconciles the indirect costs billed during the past
fiscal year covered by the latest ICR submittal. If reconciling the indirect costs requires
the Consultant to reimburse State for overpayment of indirect costs, Consultant may
request reimbursement of additional allowable costs that have not been already
reimbursed, provided that the costs were documented and subtracted out on previous
invoices. In no circumstance may Consultant request reimbursement of any costs
incurred that are not in accordance with Section 4. ALLOWABLE COSTS. More
information regarding Overhead Adjustment Invoices is available on the State's website
at http://dot.nebraska.gov/business-center/consultant/.
Project No. STP -DPS -3854(1) Sheet 6 of 9
Control No. 22508 Agreement No. BK2003
EXHIBIT "b"
FEES AND PAYMENTS
B. Consultant shall require Subconsultant(s) to submit Overhead Adjustment Invoices to
Consultant consistent with this Section. Consultant must include such subconsultant
overhead adjustment invoices when Consultant submits their own invoices to State.
12, FINAL INVOICE AND PAYMENT
Upon completion of the Services under this Agreement, Consultant shall submit their final
invoice, and any additional Overhead Adjustment Invoices that may be required (see
Section 11. OVERHEAD ADJUSTMENT INVOICE). Consultant shall review the indirect
costs billed to -date to determine if the indirect cost rates (overhead and FCCM) used on
prior invoices match the actual indirect cost rates applicable to the time period that the labor
was incurred. If cost adjustments are necessary, they should be reflected on an Overhead
Adjustment Invoice (separate from final costs incurred invoice). If a particular year's actual
overhead has not yet been computed or approved by State, the most recently approved
yearly rate should be applied.
After receipt of final invoice and Overhead Adjustment Invoice and determination by LPA, or
State on LPA's behalf, that the final invoice and Progress Report adequately substantiate
the Services provided and the Services were completed in accordance with this Agreement,
State, on LPA's behalf, will pay Consultant. Acceptance of the final payment by Consultant
will constitute and operate as a release to LPA and State for all claims and liability to
Consultant, its representatives, and assigns, for any and all things done, furnished, or
relating to the Services rendered by or in connection with this Agreement or any part
thereof.
Consultant shall submit any final Overhead Adjustment Invoice within 90 days of completion
of the work under this Agreement, and if such invoice is not timely submitted, State may
audit and close the Agreement without accepting any further invoices from Consultant.
13. AGREEMENT CLOSE-OUT
Upon submitting its final invoice, the Consultant must complete and submit to LPA, or State
on LPA's behalf, a Notification of Completion Form (NDOT Form 39). The form is
generated and submitted electronically through State's OnBase Invoice Workflow System.
Instructions for generating and submitting the NDOT Form 39 are available on the State's
website at http://dot.nebraska.gov/business-center/consultant/. Consultant shall submit
NDOT 39 Form within 90 days of completion of the work under this Agreement, and if such
Form is not timely submitted, State may audit and close the Agreement without accepting
any further invoices from Consultant.
14. FEDERAL COST PRINCIPLES
LPA will not make payments directly to Consultant for services performed under this
agreement. Instead, the State will serve as a paying agent for LPA, and will pay Consultant
directly for properly submitted and approved invoices using both LPA and Federal funds
based on the applicable project federal cost participation percentage. The following
process shall apply whenever the LPA, the State or the FHWA determines that certain
costs, previously paid to Consultant, should not have been paid with federal funds by the
State to Consultant. Consultant shall immediately repay the State the federal share of the
previously paid amount and may invoice LPA for the costs repaid to the State. LPA shall
promptly pay the full amount of the invoice from its own funds unless LPA, in good faith,
disputes whether the Consultant is entitled to the payment under the agreement or the
Project No. STP -DPS -3854(1) Sheet 7 of 9
Control No. 22508 Agreement No. BK2003
EXHIBIT "'f3"
FEES AND PAYMENTS
amount of the invoice. In the event of a dispute between LPA and Consultant, the dispute
resolution process, outlined Section 4.4.3.5 DISPUTE RESOLUTION of the LPA Manual,
shall be used by the parties. For performance of Services as specified in this Agreement,
State will pay Consultant subject to the terms of this Agreement and all requirements and
limitations of the federal cost principles contained in the Federal Acquisition Regulations
48 CFR 31 (Contract Cost Principles and Procedures).
15. OUT -OF -SCOPE SERVICES AND CONSULTANT WORK ORDERS
LPA, or State on LPA's behalf, may request that Consultant provide services that, in the
opinion of Consultant, are in addition to or different from those set out in the Scope of
Services. When LPA, or State on LPA's behalf, decides that these out -of -scope services
may require an adjustment in costs, Consultant shall provide in writing:
A. A description of the out -of -scope services,
B. An explanation of why Consultant believes that the out -of -scope services are not within
the original Scope of Services and additional work effort is required,
C. An estimate of the cost to complete the out -of -scope services. Consultant must
receive written approval from LPA, or State on LPA's behalf, before proceeding with
the out -of -scope services. Before written approval will be given by LPA, or State on
LPA's behalf, LPA or State must determine that the situation meets the following
criteria:
1) The out -of -scope services are not within the original Scope of Services and
additional work effort is required;
2) The out -of -scope services are within the basic scope of services under which
Consultant was selected and Agreement entered into; and
3) It is in the best interest of LPA that the out -of -scope services be performed under
this Agreement.
Once the need for a modification to the Agreement has been established, the State, on
LPA's behalf, will prepare a supplemental agreement. If the additional work requires the
Consultant to incur costs prior to execution of a supplemental agreement, the State, on
LPA's behalf, may issue a written notice to proceed prior to completing the supplemental
agreement (for non -Federal aid projects) or shall use the process set out below (for Federal
aid PE projects):
The Consultant Work Order (CWO) — NDOT Form 250 shall be used to describe and
provide necessary justification for the additional scope of services, effort, the
deliverables, modification of schedule, and to document the cost of additional
services. The CWO form is available on the State's website at
http://dot.nebraska.gov/business-center/consultant/. The CWO must be executed to
provide authorization for the additional work and to specify when that work may begin.
The agreement will be supplemented after one or more CWOs have been authorized
and approved for funding.
16. TERMINATION COST ADJUSTMENT
If the Agreement is terminated prior to project completion, State and LPA will compare the
percentage of work actually completed by Consultant, to the total amount of work
contemplated by this Agreement. This comparison will result in a payment by the State, on
LPA's behalf, for any underpayment, no adjustment, or a billing to Consultant for
overpayment. The State's final audit may result in an additional cost adjustment.
Project No. STP -DPS -3854(1) Sheet 8 of 9
Control No. 22508 Agreement No. BK2003
EXHIBIT "b"
FEES AND PAYMENTS
17. AUDIT AND FINAL COST ADJUSTMENT
Upon LPA's and State's determination that Consultant has completed Services under this
Agreement, State, or its authorized representative, may complete an audit review of the
payments made under this Agreement. The Parties understand that the audit may require
an adjustment of the payments made under this Agreement. Consultant agrees to
reimburse State for any overpayments identified in the audit review, and State agrees to
pay Consultant for any identified underpayments.
18. CONSULTANT COST RECORD RETENTION
Consultant, and all of its subconsultants or subcontractors, shall maintain originals or
copies of any document required to be completed in this Agreement, that substantiate any
expense incurred, or changes any legal obligations for three (3) years from the date of final
cost settlement by FHWA and project closeout by the State.
Documents include, but are not limited to: written approvals; time reports; detailed receipts;
invoices; transportation costs; mileage; lodging costs; cost of meals; all NDOT forms
including NDOT cost breakdown form and NDOT travel form; books; papers; electronic
mail; letters; accounting records; supplemental agreements; work change orders; or other
evidence pertaining to any cost incurred.
Such materials will be available for inspection by the LPA, State, FHWA, or any authorized
representative of the federal government, and copies of any document(s) will be furnish
when requested.
Project No. STP -DPS -3854(1) Sheet 9 of 9
Control No. 22508 Agreement No. BK2003
NE . 6RAS KA EXHIBIT'"C"
Good Life. Great Journey. INSURANCE REQUIREMENTS FOR
DEPARTMENT OF TRANSPORTATION PROFESSIONAL SERVICE PROVIDORS (LPA PROJECTS)
Template T-EXH-13A (rev 10-17-19)
A. Consultant agrees to:
(1) Make a detailed review of its existing insurance coverage,
(2) Compare that coverage to the expected scope of the work under this Agreement,
(3) Obtain the insurance coverage that it deems necessary to fully protect Consultant from
loss associated with the work. Also, Consultant shall have at a minimum the insurance
described below:
B. General Liability —
(1) Limits of at least:
a. $ 1,000,000 Per Occurrence
b. $ 2,000,000 General Aggregate
C. $ 2,000,000 Completed Operations Aggregate (if applicable)
d. $ 1,000,000 Personal/Advertising Injury
(2) Consultant shall be responsible for the payment of any deductibles.
(3) Coverage shall be provided by a standard form Commercial General Liability Policy
covering bodily injury, property damage including loss of use, and personal injury.
(4) General Aggregate to apply on a Per Project Basis.
(5) LPA and the State of Nebraska, Department of Transportation ("State") shall be named
as Additional Insureds on a primary and non-contributory basis.
(6) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of
subrogation in favor of LPA and State shall be added to, or included in, the policy.
(7) Contractual liability coverage must be on a broad form basis and not be amended by
any limiting endorsements.
(8) If work is being done near a railroad track, the 50' railroad right of way exclusion must
be deleted.
(9) In the event that this contract provides for consultant to construct, reconstruct or
produce a completed structure, building, or facility, products and completed operations
coverage in the amount provided above shall be maintained for the duration of the
work, and shall be further maintained for a minimum period of five (5) years after final
acceptance and payment.
(10) Policy shall not contain a total or absolute pollution exclusion. Coverage shall be
provided for pollution exposures arising from products and completed operations (as
per standard C00001 Pollution Exclusion or equivalent). (If the standard pollution
exclusion as provided by CG0001 has been amended, please refer to the following
section entitled "Pollution Coverage.")
C. Pollution Coverage —
(1) In the event that the standard pollution exclusion as provided by CG0001 has been
amended, coverage may be substituted with a separate Pollution Liability policy or a
Professional Liability policy that includes pollution coverage in the amount of
$1,000,000 per occurrence or claim, and $1,000,000 aggregate.
(2) If coverage is provided by a 'claims made" form, coverage will be maintained for three
years after project completion. Any applicable deductible is the responsibility of
Consultant.
D. Automobile Liability —
Project No. STP -DPS -3854(1) Sheet 1 of 3
Control No. 22508 Agreement No. BK2003
EXHIBIT "C:"
INSURANCE REQUIREMENTS FOR
PROFESSIONAL SERVICE PROVIDORS (LPA PROJECTS)
(1) Limits of at least:
a. $ 1,000,000 CSL Per Accident
(2) Coverage shall apply to all Owned, Hired, and Non -Owned Autos.
(3) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of
Subrogation in favor of LPA and State, shall be added to the policy.
E. Workers' Compensation —
(1) Limits: Statutory coverage for the state where the project is located.
(2) Employer's Liability limits:
a. $100,000 Each Accident
b. $100,000 Disease— Per Person
c. $500,000 Disease — Policy Limit
(3) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of
subrogation in favor of LPA and State shall be added to, or included in, the policy
F. Professional Liability —
(1) Limits of at least:
a. $ 1,000,000 Per Claim
b. $ 1,000,000 Annual Aggregate
(2) Coverage shall be provided for three years after work/project completion.
G. _ Electronic Data and Valuable Papers —
(1) Limits of at least:
a. $100,000 Electronic Data Processing Data and Media
b. $25,000 Valuable Papers
H. Umbrella/Excess —
(1) Limits of at least:
a. $ 1,000,000 Per Occurrence
b. $ 1,000,000 Annual Aggregate
(2) Policy shall provide liability coverage in excess of the specified Employers Liability,
Commercial General Liability and Auto Liability.
(3) LPA and State shall be "Additional Insureds".
(4) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of
subrogation in favor of LPA and State shall be added to, or included in, the policy.
I. Additional Requirements —
(1) If any of the work is sublet, equivalent insurance shall be provided by or on behalf of the
subconsultant or subconsultants (at any tier).
(2) Any insurance policy shall be written by a reputable insurance company acceptable to
State or with a current Best's Insurance Guide Rating of A — and Class VII or better, and
authorized to do business in Nebraska.
(3) Prior to consultant beginning work on a project under this agreement, Consultant shall
provide LPA and State evidence of such insurance coverage in effect in the form of an
ACORD (or equivalent) certificate of insurance executed by a licensed representative of
the participating insurer(s). Certificates of insurance must show the LPA and State as
the certificate holders.
(4) For so long as insurance coverage is required under this agreement, Consultant shall
notify LPA and State when Consultant knows, or has reason to believe, that any
insurance coverage required under this agreement will lapse, or may be canceled or
Project No. STP -DPS -3854(1) Sheet 2 of 3
Control No. 22508 Agreement No. BK2003
EXHIBIT"C"
INSURANCE REQUIREMENTS FOR
PROFESSIONAL SERVICE PROVIDORS (LPA PROJECTS)
terminated. Consultant shall forward any pertinent notice of cancelation or termination
to State at the address listed below by mail (return receipt requested), hand -delivery or
facsimile transmission within two (2) business days of receipt by Consultant of any such
notice from an insurance carrier.
Copies of notices received by Consultant shall be sent to LPA, in care of LPA's
Responsible Charge, and to State at the following address:
Nebraska Department of Transportation
Consultant Services— Insurance
1500 Highway 2, P. O. Box 94759
Lincoln, NE 68509-4759
N DOT. Consultantl nsuranceP-nebraska.gov
(5) Failure of the owner or any other party to review, approve, and/or reject a certificate of
insurance in whole or in part does not waive the requirements of this Agreement.
(6) The Limits of Coverage's set forth in this document are minimum limits of coverage.
The limits of coverage shall not be construed to be a limitation of the liability on the part
of Consultant or any of its subconsultants/tier subconsultants. The carrying of
insurance described shall in no way be interpreted as relieving Consultant,
subconsultant, or tier subconsultant of any responsibility of liability under the
Agreement.
(7) If there is a discrepancy of coverage between this document and any other insurance
specification for this project, the greater limit or coverage requirement will prevail.
Project No. STP -DPS -3854(1) Sheet 3 of 3
Control No. 22508 Agreement No. BK2003