2022-01-25 South Bypass Holt & UllevigAgreement 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