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2022-05RESOLUTION 2022-5 COUNCIL MEMBER RUMP INTRODUCED THE L'OLLOWIWRESOLUTION PRELIMINARY ENGINEERING SERVICES AGREEM 4 NT SUPPLEMENTAL - AGREEMENT NUMBER 1— BK2003 Whereas: City of Blair and Felsburg Holt & Ullevig, have previously executed a Preliminary Design Engineering Services Agreement (BK 2003) for the Blair South Bypass Project for which the Local Public Agency (LPA) would like to obtain Federal Funds; Whereas: City of Blair understands that it must continue to strictly follow all Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of this Federal -aid project; and Whereas: City of Blair and Felsburg Holt & Ullevig, wish to enter into a Preliminary engineering services supplemental agreement setting out modifications and/or additional duties and/or services funding responsibilities 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, Nebraska is hereby authorized to sign the attached Preliminary Design Engineering Services Supplemental Agreement Number 1 between the City of Blair and Felsburg Holt & Ullevig. City of Blair is committed to providing local funds for the project as required by the Project Program Agreement and any Supplemental Project Program Agreements. NDOR Project Number: STP -DPS -3854(1) NDOR Control Number: 22508 Project Location: Blair South Bypass COUNCIL MEMBER RUMP MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FRANK WOLFF. UPON ROLL CALL, COUNCIL MEMBERS JENSEN, WOLFF, WILLIS, RUMP., STEWART AND SHEPARD VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25TH DAY OF JANUARY, 2022. CITY OF BLAIR, NEBRASKA RASKA ) a ) :ss: ON COUNTY ) BRENDA 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 25th day of January, 2022. 'e� 46A'4-� BRENDA WHEELER, CITY CLERK Agreement No. BK2003-001 Effective (NTP) Date 12/13/2021 Supplement Amount $120,500 Total Agreement Amount CPFF $578,700.00 PROFESSIONAL SERVICES AGREEMENT SUPPLEMENT NO. 1 PRELIMINARY ENGINEERING SERVICES CITY OF BLAIR, NEBRASKA FELSBURG HOLT & ULLEVIG, INC. PROJECT NO. STP -DPS -3854(1) CONTROL NO. 22508 BLAIR SOUTH BYPASS THIS SUPPLEMENTAL AGREEMENT is between the City of Blair, Nebraska ("LPA") and Felsburg Holt & Ullevig, Inc. ("Consultant"), collectively referred to as the "Parties". WHEREAS, Consultant and LPA entered into an agreement ("Original Agreement") executed by LPA on April 14, 2020 for Consultant to provide Preliminary Engineering Services for LPA's project, and WHEREAS, it is necessary that Preliminary Engineering Services as outlined in Exhibit "A" be added under this Supplemental Agreement, and WHEREAS, it is necessary to increase Consultant's compensation by this Supplemental Agreement for the additional work necessary to complete the services under this Agreement, 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 2 5 day of 20_, attached as Exhibit "C" and incorporated herein by this reference. NOW THEREFORE, in consideration of these facts and mutual promises, the Parties agree as follows: SECTION 1. SCOPE OF SERVICES Consultant will perform the additional work as set out in Exhibit 'A Consultant Work Order and Scope of Services, and Exhibit "B", Consultants Fee Proposal, attached and incorporated herein by this reference. SECTION 2. NOTICE TO PROCEED AND COMPLETION 2.1 LPA issued Consultant a written Notice -to -Proceed on December 13, 2021. Any work or services performed by Consultant on the project prior to the date specified in the written Notice -to -Proceed is not eligible for reimbursement. 2.2 Consultant will complete all work stipulated in the Original Agreement and this Supplemental Agreement by September 29, 2022. SECTION 3. FEES AND PAYMENTS Section 2. in Exhibit "B" of the Original Agreement is hereby amended in accordance with Exhibit "B" and as shown below. T -AGR -1 &2S2 (rev 10-31-2018) Page 1 of 3 PROFESSIONAL SERVICES AGREEMENT — SUPPLEMENT Previous Amount` This Amended Supplement Agreement Amount Amount $ 133,757.53 $ 38,090.09 $171,847.62 For actual direct labor costs $ 277,560.91 $ 68,717.82 $346,278.73 For indirect labor costs & direct expenses $ 46,881.56 $ 13,692.09 $60,573.65 For a fixed fee for profit $458,200.00 $120,500.00 $578,700.00 Total agreement amount *includes all prior supplements SECTION 4. CONFIDENTIAL INFORMATION Documents submitted to LPA, including invoices, supporting documentation, and other information are subject to disclosure by LPA under the Nebraska Public Records Act found at Neb.Rev.Stat. § 84-712 et.seq. Accordingly, Consultant shall redact or not submit to LPA 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 LPA does not have sufficient resources to review and redact confidential information submitted by Consultant. If such confidential information is submitted, Consultant shall have no right of action of any kind against LPA for the disclosure of such information. SECTION 5. CONSULTANT CERTIFICATION AND REAFFIRMATION The undersigned duly authorized representative of Consultant, by signing this Supplemental Agreement, hereby reaffirms, under penalty of law, the truth of the certifications set out in the Original Agreement and all Supplements thereto, including this Supplement. Further, Consultant has a duty to inform LPA of any material changes in the accuracy of all assertions set out in the Original Agreement and all Supplements thereto. SECTION 6. CERTIFICATION BY LPA By signing this Supplemental Agreement, I do hereby certify that, to the best of my knowledge, Consultant or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay or agree to pay to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this certification is to be furnished to the FHWA, upon their request, in connection with this agreement involving participation of Federal -Aid highway funds and is subject to applicable state and federal laws, both criminal and civil. SECTION 7. ENTIRE AGREEMENT The Original Agreement, any and all other previous supplements thereto, and this Supplemental Agreement, constitute the entire agreement ("The Agreement") between the Parties. The Agreement supersedes any and all other previous communications, representations, or other understandings, either oral or written; all terms and conditions of the Original Agreement and all previous supplements thereto, to the extent not superseded, remain in full force and effect, and are incorporated herein as if set forth in their entirety. Project No. STP -DPS -3854(1) Page 2 of 3 Control No. 22508 Agreement No. BK2003-001 PROFESSIONAL SERVICES AGREEMENT – SUPPLEMENT IN WITNESS WHEREOF, the Parties hereby execute this Supplemental Agreement pursuant to lawful authority as of the date signed by each party. Further, the Parties, by signing this Supplemental Agreement, attest and affirm the truth of each and every certification and representation set out herein. EXECUTED by the Consultant this _ day of 6"�, 2022 . FELSBURG HOLT & ULLEVIG, INC. Kyle A. Anderson, P.E. P gecutivee Vice President STATE OF NEBRASKA) )ss. DOUGLAS COUNTY ) SUBSCRIBED AND SWORN to before me this day of 10V uct 20 '7 . FJ�GENE�RAL NOTARY - State of NebraskaMARISSA A. HOP Comm.Up.May9,2022 Notary rUbIIC EXECUTED by LPA this 25 day of 20 CITY OF BLAIR, NEBRASKA Richard Hansen Mayor Subscribed and sworn to before me this 2S day of �J&A o 2022— Clerk 022 . Clerk STATE OF NEBRASKA DEPARTMENT OF TRANSPORTATION Form of Agreement Approved for Fed Fun in g:zg Eligibility: Project No. STP -DPS -3854(1) Page 3 of 3 Control No. 22508 Agreement No. BK2003-001 Consultant Work order (Local Projects) Project No.: Control No.: STP -DPS -3854(1) 22508 Consultant: (Name and Representative) Agreement No.; work Order No.: Felsburg Holt & Ullevig BK2003 1 LPA: (Name and Representative) Constr. Change Order No.: (If applicable) City of Blair, Al Schoemaker - Public Works Director NA All parties agree the following described work needs to be performed by the consultant as part of the referenced project. All parties concur and hereby give notice to proceed based on the following: justification to modify contract, scope of services, deliverables, schedule, and estimated total fee. All other terms of existing agreements between the parties are still in effect. It is understood by all parties that the work described herein will become part of a future supplement to the agreement indicated above. Justl0catlon to modify agreement: (include scope of services, deliverables, and schedule) This Supplemental Scope of Services includes additional work required that was not previously scoped. The level of effort required to complete the Re-evaluation was significantly more than was identified in the original scope of services, See attached Scope of Services for detailed scope of services. Work Title Summary of Fee A. Total Direct Labor Cost - 38,090.09 B. Overhead (Factor* x A) = 68,463.13 PS&E Re -Evaluation &Design Changes C. A + B = 106,554.03 D. Profit/Fee (Factor ** x C) — 13,692.09 *Overhead Factor: 179.74% E. FCCM (Factor***xA) = 0.00 .Profit/Fee Factor: 12.85% F, Direct Non -Labor Cost — 254.69 ***Facility Capital Cost of Money (FCCM): % G. Subconsultant Services = 0.00 Total Fee Notes: TOTAL FEE: C + D + E + F + G — $120,600.00 19 ESTIMATED TOTAL FEE: El FINALTOTAL FEE: Work Order Authorization — May be granted by email and attached to this document. Consultant: J, Matthew B. McFadden ._.. ._ Name__...........".... LPA: _ 12/612_021 Date Name Signature Date LPS PC (for PreliminaryEngineering) and Mate Rep. (for Gonsfruc![on Engineering): ........ ..... - I,PS Unit Head Review (for ftnature Notice to Proceed will be granted by email by: LPS PC for Preliminary Engineering & CD PC for Construction Engineering. dJ7 -4 t9 Date FMI A rov I Date: LPS Manager or Construction EnJineer (Construct)on ase): S ov_ Name Signature Date FHWA: (F!1 tNA Approval on Full Oversight Projects On!y): Notice to Proceed Date: _ .� _ Name _.. _.�.._ ..._........_...... Sfgnafure __.._......._....-_-._ _.__.. ..Date ._ ' 1.✓ G• Distribution: Consultant, LPA - RC, State Rep., FHWA, LPS PC, NDOTAgreements Engineer, Highway Funds Manager, CD PC NDOT Form 250, November 18 Exhibit "A" Page 1 of 3 SUPPLEMENTAL SCOPE OF SERVICES PROJECT NO. STP -DPS -3854(1), CONTROL NO. 22508 FINAL DESIGN AND NEPA COMPLIANCE BLAIR SOUTH BYPASS BLAIR, NEBRASKA CWO NO. 1 INTRODUCTION This Supplemental Scope of Services consists of providing additional engineering and environmental services related to the completion of the final design and compliance with the National Environmental Policy Act (NEPA) for the Blair South Bypass project. This Supplemental Scope of Services includes additional work required that was not previously scoped. The level of effort required to complete the Right -of -Way Re- evaluation was significantly more than was identified in the original scope of services. Felsburg Holt & Ullevig (FHU) is not asking to recoup those hours but would like to request additional hours to complete the next and final Re-evaluation which will be the PS&E Re-evaluation prior to authorization to proceed to the PS&E phase and construction authorization. Based on what we went through on the ROW Re-evaluation, we have a better understanding of the level of effort anticipated. In addition, several items were brought up during the ROW Re-evaluation that will require additional work to include in the plans. A more detailed description of anticipated tasks is provided in the following sections. DESCRIPTION OF TASKS 1. Project Management and Coordination This task includes activities to initiate and monitor project schedules, workload assignments and internal cost controls throughout this phase of the project. 2. PS&E Re -Evaluation The anticipated effort to prepare the Re -Evaluation Document was grossly underestimated for the prior ROW Re -Evaluation, we had assumed one submittal. For the PS&E Re -Evaluation, the effort is being adjusted to reflect three submittals to NDOT and three submittals to FHWA along with the effort to address comments as described below: 2.1 Prepare draft Re -Evaluation to submit to NDOT 2.2 Address NDOT's first round of comments, resubmit to NDOT 2.3 Address NDOT's second round of comments, resubmit to NDOT who will submit to FHWA for their first review. 2.4 Meet with NDOT to review FHWA's comments 2.5 Address FHWA's comments and resubmit to NDOT 2.6 Address NDOT's comments and resubmit to NDOT who will submit to FHWA for their second review. 2.7 Meet with NDOT to review FHWA's 2nd set of comments 2.8 Address FHWA's comments and resubmit to NDOT 2.9 Address NDOT's comments and resubmit to NDOT who will resubmit to FHWA for the third review. 2.10 Meet with NDOT & FHWA to address final comments 2.11 Final Submittal to NDOT and FHWA for approval 3. Additional items anticipated for the PS&E Re -Evaluation 3.1 Utilities - FHWA indicated a detailed analysis of each utility relocation will be necessary for the PS&E Re -Evaluation. This work would include resource reviews for the relocated utility alignment and supporting documentation. 3.2 Roadway Design Engineering support will be required to address questions and issues that come up during the PS&E Re -Evaluation. Felsburg Holt & Ullevig Project No. STP -DPS -3854(1), CN 22508 Blair South Bypass Exhibit "A" Page 2 of 3 3.3 Traffic Engineering support will be required to address questions and issues that come up concerning the intersections at Highway 30 and Highway 75. 3.4 Coordination with other projects —Additional coordination is anticipated with the City of Blair's 10th Street Extension Project during the PS&E Re- evaluation. 3.5 Miscellaneous Revisions — this task is to address other changes that result from the ROW Acquisition Process and Negotiations (e.g. changes made to the design as a result of ROW Negotiations, and/or amounts of easement necessary to address the changes.) 3.6 Public Outreach: Project Update Letter - FHWA has stated a project update must be sent forthwith to the public hearing distribution list and stakeholders regarding the project construction schedule. This letter effort includes drafting the letter, quality control reviews, NDOT review and following NDOT approval, FHWA review. The approved letter will be mailed to approximately 200 people. 4. Address changes that were identified during the ROW Re -Evaluation Two design changes were identified during the ROW Re -Evaluation phase. These changes have been committed to but will not be made until notice to proceed is granted for this supplement. 4.1 Remove new drive across from Kelley Drive. FHWA will not allow the proposed drive shown along the north side of the South Bypass and across from Kelley Drive and is requiring it to be removed from the project. This effort will be to update the design file, plan sheets, and revise the quantities to remove this drive. 4.2, Build ADA Curb Ramp Half at a time. During the ROW Re -Evaluation, a commitment was made to build the ADA Curb Ramp on the southwest corner of Highway 30 and Hollow Road, half at a time. This effort will be to revise the phasing sheets and phasing quantities to provide enough detail to ensure the Curb Ramp is phased half at a time. Felsburg Holt & Ullevig Project No. STP -DPS -3854(1), CN 22508 Blair South Bypass Exhibit "A" Page 3 of 3 Project Name: Blair South Bypass Final Design Project Number: STP -DPS -3854(1) Consultant: Felsburg Holt & Ullevig Control Number: 22508 Consultant PM: Matt McFadden / 402-445-4405 / matt.mcfadden@fhueng.com LPA RC: Al Schoemaker / 402-426-4191 / ars@blairnebraska.orgFELSBURG <,H0LT & NDOT PC: Jenna Habegger / 402-479-3607 / jenna.habegger@nebraska.gov U LLEV I G Date: December 6, 2021 connacdng a anhzncing communities BLENDED RATES TABLE Temolate: T -WB -Generic Fee Pron0sal (rev 0408-2021) CPFF Consultant's Estimate of Hours Exhibit "B" Page 1 of 4 Job Title & Current Actual Employee Name Certifications 131 Salary Rate/Hrl4i % Assigned Principal Kyle Anderson, PE, PTOE Principal Ili $92.31 100% Blended Rate: $92.31 Project Manager Matt McFadden Principal II $80.77 100% Blended Rate: $80.77 Sr. Engineer Jodi Kocher, PE Engineer V $55.13 50% Dave Lampe, PE Principal I -Water Resources $75.96 10% Mark Meisinger, PE, PTOE Principal I - Traffic $72.12 40% Blended Rate: $64.01 Engineer Brandon Vacek, PE Engineer III $38.94 40% Dan Barth, PE Engineer IV $42.79 60% Blended Rate: $41.25 Sr. Designer Brian Moffatt Senior Designer $51.00 100% Blended Rate: $51.00 Administrative Marissa Hop Administrative $23.75 100% Blended Rate: $23.75 Senior Environmental Scientist Allison Sambol Senior Environmental Scientist $57.21 90% Dale Tischmak Associate $64.90 10% Blended Rate: $57.98 Environmental Scientist Kody Unstad Environmental Scientist IV $42.55 10% Adam Behmer Environmental Scientist IV $42.55 15% Carin Richardson Environmental Scientist V $54.57 75% Blended Rate: $51.57 Consultant's Estimate of Hours Exhibit "B" Page 1 of 4 Project Name: Blair South Bypass Final Design Project Number: STP -DPS -3854(1) Consultant: Felsburg Holt & Ullevig Control Number: 22508 Consultant PM: Matt McFadden /402-445-4405 / matt.mcfadden@fhueng.com NDOT PC: Jenna Habegger / 402-479-3607 /jenna.habegger@nebraska.gov Date: December 6, 2021 FELSBURG H O LT & (,J L L EV I Cs connaccng$onhandnacommunitinc TASKS PR PM PERSONNEL CLASSIFICATIONS SENG ENG SDES DES TECHADM SES 'ES Total 1. Project Management & Coordination 6 60 20 86 1.1. Project Management 6 40 46 1.2. QA/QC 20 20 40 2. PS&E Re -Evaluation 11 188 56 255 2.1. Prepare Draft Re-Eval to Submit to NDOT 1 40 8 49 2.2. Address NDOT's 1st Rnd of Comments, Resubmit to NDOT 1 24 8 33 2.3. Address NDOT's 2nd RND of Comments, Resubmit to NDOT ­FHWA 1 16 8 25 2.4. Meet with NDOT to Review FHWA's Comments 1 1 4 5 2.5. Address FHWA's Comments and Resubmit to NDOT 1 24 8 33 2,6, Address NDOT's Comments and Resubmit to NDOT ->FHWA for 2nd Review 1 16 8 25 2.7. Meet with NDOT to Review FHWA's 2nd Set of Comments 1 4 5 2.8. Address FHWA's Comments and Resubmit to NDOT 1 24 8 33 2.9. Address NDOT's Comments and Resubmit to NDOT -> FHWA for 3rd Review 1 16 8 25 2.10. Meet with NDOT & FHWA to Address Final Comments 1 4 5 2.11. Final Submittal to NDOT and FHWA for Approval 1 16 17 3. Additional Items Anicipated for the PS&E Re -Eva[ 36 48 56 72 28 240 3.1. Utilities 4 8 24 12 48 3.2. Roadway Design Engineering Support 8 8 24 40 3.3. Traffic Engineering Support 24 24 3.4. Coordination with Other Projects 8 8 8 24 3.5. Miscellaneous Revisions 8 8 24 8 8 56 3.6. Public Outreach Project Update Letter 8 32 8 48 4. Address Design Changes from ROW Re-Eval 4 24 32 60 4.1. Remove New Drive Across from Kelley Drive 2 16 16 34 4.2. Build ADA Curb Ramp Half at a Time 2 8 16 26 Total Days 0.'75 93.9 6 70 4 35 99 80 Total Hours6 111 48 80 32 1 280 1 84 1 641.0 Consultant's Estimate of Hours Exhibit "B" Page 2 of 4 Project Name: Blair South Bypass Final Design Project Number: STP-DPS-3854(1) Consultant: Felsburg Holt & Ullevig Control Number: 22508 Date: December 6, 2021 Direct Expenses Fxhibit "B" Page 3 of 4 Project Cost & Breakdown Project Name: Blair South Bypass Final Design Consultant: Felsburg Holt & Ullevig Consultant PM: Matt McFadden 1402-445-4405 / matt.mcfadden@fhue. NDOT PC: Jenna Habegger / 402-479-3607 / jenna.habegger@nel Date: December 6, 2021 Project Number: STP -DPS -3854(1) Control Number: 22508 11.019,10-111111111 Direct Labor Costs $38,090.09 Labor Cost Escalation Factor for Multi-year Projects (if allowed): y 1.0 years @ 3.0% /year= Overhead @ 179.74% $68,463.13 Facility Capital Cost of Money (FCCM) @ (labor costs x FCCM%) Direct Expenses $254.69 Fee for Profit Rate @ 12.85% $13,692.09 TOTAL COST $120,500.00 Project Cost Breakdown Exhibit "B" Page 4 of 4 RESOLUTION 2022-5 COUNCIL MEEMBERR INTRODUCED THE FOLLOWING -RESOLUTION PRELIYUNARY ENGINEERING SERVICES AGREEMENT -SUPPLEMENT -AL, AGREEMENT NUM13ER 1— BK2003 Whereas: City of Blair and Felsburg Holt & Ullevig, have previously executed a Preliminary Design Engineering Services Agreement (BK 2003) for the Blair South Bypass Project for which the Local Public Agency (LPA) would like to obtain Federal Funds; Whereas: City of Blair understands that it must continue to strictly follow all Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of this Federal -aid project; and Whereas: City of Blair and Felsburg Holt & Ullevig, wish to enter into a Preliminary engineering services supplemental agreement setting out modifications and/or additional duties and/or services funding responsibilities 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, Nebraska is hereby authorized to sign the attached Preliminary Design Engineering Services Supplemental Agreement Number 1 between the City of Blair and Felsburg Holt & Ullevig. City of Blair is committed to providing local funds for the project as required by the Project Program Agreement and any Supplemental Project Program Agreements. ND OR Project Number: STP -DPS -3854(1) NDOR Control Number: 22508 Project Location: Blair South Bypass COUNCIL MEMBER RUMP MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FRANK WOLFF. UPON ROLL CALL, COUNCIL MEMBERS JENSEN, WOLFF, WILLIS, RUMP, STEWART AND SHEPARD VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY', THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25TH DAY OF JANUARY, 2022. CITY OF BLAIR, NEBRASKA RICHARD HANSEN, MAYOR ATTEST: BRE-ELER;- CITY CLERK WONOFRASKA )):ss: COUNTY ) BRENDA WIIEELER 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 25th day of January, 2022. ;e4�ajk'L'a" BRENDA WHEELER, CITY CLERK