2012-07RESOLUTION No. 2012 - 7
SIGNING OF A PROFESSIONAL SERVICES AGREEMENT
COUNCIL MEMBER STEWART 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 wish to enter into a Professional Services
Agreement to provide preliminary engineering, NEPA documentation and final design services
for the Federal -aid project.
Be It Resolved: by the City Council of the City of Blair, Nebraska that:
James Realph, Mayor of the City of Blair, Nebraska, is hereby authorized to sign the attached
Preliminary Engineering, NEPA Documentation and Final Design Services Agreement between
the City of Blair, Nebraska and Felsburg Holt & Ullevig.
NDOR Project Number: URB- 6462(1)
NDOR Control Number: 22507
NDOR Project Description: Jackson St, 3 River Rd, Blair
COUNCILMEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD.
UPON ROLL CALL, COUNCILMEMBERS STEWART, SHEPARD, KEPHART, RYAN,
CHRISTIANSEN, WOLFF AND JENSEN VOTING "AYE ", AND COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
WAS PASSED AND ADOPTED THIS 13th DAY OF MARCH, 2012.
CITY OF BLAIR, NEBRASKA
B
JA ES E. REALPH, MAYOR
ATT ST:
s n/
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BRENDA R. WHEELER, CITY CLERK
(SEAL)
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
13th day of March, 2012.
BRENDA R. WHEELER, CITY CLERK
CITY OF BLAIR, NEBRASKA
STATE OF NEBRASKA, DEPARTMENT OF ROADS
PROJECT NO. URB- 6462(1)
STATE CONTROL NO. 22507
JACKSON ST, 3 RD ST — RIVER RD
THIS AGREEMENT, made and entered into by and between the City of Blair, Nebraska
hereinafter referred to as the "LPA ", and the State of Nebraska, Department of Roads,
hereinafter referred to as the "State ", and collectively referred to as the "Parties ".
WITNESSETH:
WHEREAS, certain routes in the LPA's jurisdiction have been designated as being
eligible for Surface Transportation Program (STP) Funds by the Department of Transportation,
Federal Highway Administration, hereinafter called the FHWA, in compliance with Federal laws
pertaining thereto, and
WHEREAS, STP Funds have been made available by Title 23 of the United States Code,
providing for improvements on eligible routes, and
WHEREAS, the Federal share payable on any portion of a STP project will be a maximum
of 80 percent of the eligible costs, and
WHEREAS, regulations for implementing the provisions of the above mentioned act
provide that the Federal share of the cost of those projects will be paid only to the State, and
WHEREAS, the regulations further permit the use of funds other than State funds in
matching Federal Funds for the improvements of those routes, and
WHEREAS, the State is willing to assist LPA to the end of obtaining Federal approval of
the proposed work and Federal Funds for the construction of the proposed improvement, with
the understanding that this project is not a State project and that no State Funds are to be
expended on this project, and
WHEREAS, the LPA has designated an available fully - qualified public employee
or elected official to act as "Responsible Charge" (RC) for the subject Federal -aid
Transportation project, and
WHEREAS, the RC has successfully completed training required by the State to
serve as an RC for the Federal -aid Transportation project, and
WHEREAS, the RC will be in day -to -day responsible charge of all aspects of the
project, from planning through post- construction activities and maintain the project's
eligibility for Federal -aid Transportation project funding, and
WHEREAS, the LPA understands that it must comply with all terms of 23 C.F.R.
635.105 in order for this Federal -aid transportation project to be eligible for Federal
funding, and
WHEREAS, the LPA will support the RC and is ultimately responsible to ensure
that, at a minimum:
1. The project receives independent and careful development, supervision and
inspection,
2. The project is constructed in compliance with the plans and specifications,
3. All aspects of the project from planning through construction activities, including
all environmental commitments remain eligible for Federal funding, and
4. Decisions made and actions taken for the project have adequate supporting
documentation filed in an organized fashion, and
WHEREAS, if the LPA is to receive Federal participation for any portion of the work on the
proposed project, it is necessary for all phases of work to comply with Federal requirements and
procedures, and
WHEREAS, the State and the LPA agree the State, on behalf of LPA, will advertise,
conduct a letting and receive bids for the project and will pay all eligible costs directly to the
Consultant and Contractors, and
WHEREAS, the State's role is only federal funding eligibility, including providing quality
assurance and project assistance to ensure that the project is designed, constructed and
managed according to federal rules and regulations. The State will coordinate with the LPA on
federal funding issues, and
WHEREAS, Trans *Port Site Manager will be used as the construction
record - keeping system for construction and construction engineering services for
this project, and
WHEREAS, Federal Regulations provide that the LPA shall not profit or otherwise gain
from local property assessments that exceed the LPA's share of project costs, and
WHEREAS, the funding for the project under this agreement includes pass- through
monies from the Federal Highway Administration (FHWA). If a non-federal' entity expends
$500,000 or more in total federal awards in a fiscal year, then OMB Circular A -133 audit
requirements must be addressed as explained further in this agreement, and
Project No. URB- 6462(1) -2-
Control No. 22507
Jackson St, 3rd St — River Rd
WHEREAS, the total cost of the project, including preliminary engineering, is currently
estimated to be $689,300, but such costs may increase or decrease due to variations between
the estimated and actual project costs, and
WHEREAS, the LPA has earmarked and will place in its fiscal budget sufficient funds to
pay all project costs not paid for by Federal funds; such costs are currently estimated to be
$137,860, but such costs may increase or decrease due to variations between the estimated
and actual project costs, and
WHEREAS, the project is described as follows:
Construction of PCC curb and gutter sections on both the north and south sides of
Jackson Street from 1000 feet west of 3` Street to River Road and Blaine Road from River
Road to Marina Drive. Work will include storm sewer and inlets. Project will include a 10 foot
wide by 6 inch PCC bike trail on north side of project
WHEREAS, the LPA desires that this project as shown on attached EXHIBIT "A" be
constructed under the designation of Project No. URB- 6462(1), as evidenced by the Resolution
of the LPA dated the day of UIA Y1 , 2011, attached as
EXHIBIT "B" and made a part of this agreement.
NOW THEREFORE, in consideration of these facts, the LPA and State agree as follows:
SECTION 1. PURPOSE OF AGREEMENT
The LPA wishes to implement, plan, design, construct, operate, and maintain a Federal -
aid transportation project on a street, highway, road or other transportation related facility under
LPA's jurisdiction. The LPA and the State understand that the Federal Highway Administration
(FHWA) will not provide funding directly to LPA for this project; instead, FHWA provides funding
for the project through the State. The State, pursuant to Neb.Rev.Stat. §39 -1305, will act under
this agreement as a steward of federal funds and as a liaison between LPA and FHWA. The
purpose of this agreement is to set forth the understanding of the LPA and the State concerning
their respective duties to enable the project to be eligible for federal -aid funding. Under this
agreement, the LPA shall continue to have all duties concerning any aspects of project
management, planning, design, construction, operation and maintenance. Nothing in this
agreement shall be construed to create any duty of the State to LPA concerning such matters.
LPA further agrees that LPA shall have no claim or right of action against the State under this
agreement if FHWA determines that the project is not eligible in whole or in part, for federal -aid
funding. The following sections of this agreement include the program requirements and other
Project No. URB- 6462(1) -3-
Control No. 22507
Jackson St, 3 ` St — River Rd
conditions State believes in good faith that LPA must meet for this project to be eligible for
federal funding.
SECTION 2. DEFINITIONS
For purposes of this agreement, the following definitions will apply:
"AASHTO" means American Association of State Highway and Transportation
Officials.
"ADA" means the Americans with Disabilities Act.
"ASTM" means the American Society for Testing and Materials.
"CFDA" means Catalog of Federal Domestic Assistance.
"CFR" means the Code of Federal Regulations.
"DOT" means the United States Department of Transportation, Washington, D.C.
20590, acting through its authorized representatives.
"FHWA" means the Federal Highway Administration, United States Department
of Transportation, Washington, D.C. 20590, acting through its authorized
representatives.
"FULL -TIME PUBLIC EMPLOYEE" means a public employee who meets all the
requirements and is afforded all the benefits of full -time employees as that phrase is
applied to other employees of the employing entity. A person is not a full -time employee
if that person provides outside private consulting services, or is employed by any private
entity, unless that person can prove to the State in advance, that employee's non - public
employment is in a field unrelated to any aspect of the project for which Federal -aid is
sought.
"FULLY QUALIFIED" means a person who has satisfactorily completed all
applicable State training courses and who has met the other requirements necessary to
be included on the State list of qualified LPA "Responsible Charge" (RC's).
"LPN' means Local Public Agency sponsoring a federally funded transportation
project and determined to be qualified to assume the administrative responsibilities for
such projects by the State.
"LPD" means the Local Projects Division at Nebraska Department of Roads, in
Lincoln, Nebraska.
"NEB. REV. STAT" means the Nebraska Revised Statutes as set forth in
Nebraska law.
"OMB" means the Federal Office of Management and Budget.
Project No. URB- 6462(1) -4-
Control No. 22507
Jackson St, 3` St — River Rd
"PUBLIC EMPLOYEE" for the purpose of selecting an RC for this project means
a person who is employed solely by a county, a municipality, a political subdivision, a
Native American tribe, a school district, another entity that is either designated by statute
as public or quasi - public, or entity included on a list of entities determined by the State
and approved by the Federal Highway Administration (FHWA), as fulfilling public or
quasi - public functions.
"RESPONSIBLE CHARGE" or "RC" means the public employee or elected
official who is fully empowered by the LPA and has actual day -to -day working knowledge
and responsibility for all decisions related to all aspects of the Federal -aid project from
planning and development through construction project activities, including all
environmental commitments before, during and after construction. The RC is the day -to-
day project manager, and the LPA's point -of- contact for the project. Responsible charge
does not mean merely delegating the various tasks; it means active day -to -day
involvement in identifying options, working directly with stakeholders, making decisions,
and actively monitoring project construction. It is understood that RC may delegate or
contract certain technical tasks associated with the project so long as RC actively
manages and represents'the LPA's interests in the delegated technical tasks.
"STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, its
Director, or authorized representative. The State is a funding liaison between LPA and
the United States Department of Transportation in LPA federally funded transportation
projects.
"STATE CERTIFIED CONSULTANT" means a consultant that has met the
certification requirements of the Nebraska Department of Roads to provide professional
services in certain work categories for federal and state funded work in Nebraska.
"STATE REPRESENTATIVE" means an individual from the Nebraska
Department of Roads District Office assigned to the project, who will perform State's
federal funding eligibility duties under this agreement.
SECTION 3. TERM OF THE AGREEMENT
This agreement will begin upon proper execution and continue in effect until the
LPA's Federal -aid project is finished and final financial settlement has been completed,
except that any terms of this agreement that contemplate long term activities of the LPA
such as environmental, maintenance, and operational commitments, will remain in effect
Project No. URB- 6462(1) -5-
Control No. 22507
Jackson St, 3 rd St — River Rd
as long as required by law or agreement. If the LPA determines that for any reason it
will not continue with the development of this project as a Federal -aid project, the LPA
shall notify the State and negotiate any necessary project termination conditions, and the
LPA shall pay or repay the State for all costs incurred by the State prior to the LPA
notifying the State that it is discontinuing work on the project.
SECTION 4 RESPONSIBLE CHARGE (RC) REQUIREMENTS
The LPA must immediately and formally appoint an RC for this project according to or
consistent with the following requirements:
A. The LPA hereby designates Allen Schoemaker as the RC for this project.
B. Duties and Assurances of the LPA concerning its designated RC for this project.
1. The LPA has authorized and fully empowered the RC to be in day -to -day
responsible charge of the subject Federal -aid project; this does not mean merely
supervising, overseeing or delegating various tasks, it means active day -to -day
involvement in the project including identifying issues, investigating options, working
directly with stakeholders, and decision making.
2. The RC is a full -time employee or elected official of the LPA or of another entity as
defined in "Public Employee" above.
3. The RC is fully qualified and has successfully completed required training to serve
as an RC.
4. The LPA shall allow the RC to spend all time reasonably necessary to properly
discharge all duties associated with the project, including ensuring that all aspects
of the project, from planning through post- construction activities, remain eligible for
Federal -aid highway project funding.
5. The LPA shall not assign other duties to the RC that would affect his or her ability to
properly carry out the duties set out in this agreement.
6. The LPA shall provide necessary office space, materials and administrative support
for the RC.
7. The LPA shall fully cooperate with, support and not unreasonably interfere with day -
to -day control of the RC concerning the acts necessary for making the project
eligible for Federal funding.
8. The LPA shall take all necessary actions and make its best good faith efforts to
comply and assist the RC in complying with all Federal and State requirements and
Project No. URB- 6462(1) -6-
Control No. 22507
Jackson St, 3` St — River Rd
policies applicable to Federal -aid transportation projects, including, but not limited
to, all applicable requirements of 23 CFR 635.105.
9. The LPA agrees to take all necessary actions and make its best good faith efforts to
ensure that the RC's work on the project would be deemed to meet the same
standards that the State must meet under 23 CFR 635.105.
10. The LPA shall comply with the conflict -of- interest requirements of 23 CFR 1.33 and
49 CFR 18.36(b)(3) as described elsewhere in this agreement.
11. If, for whatever reason, the designated RC is no longer assigned to the project
during the design phase, the LPA shall, within one day or sooner if possible, notify
verbally and in writing the State's LPD Quality Management Engineer and the LPD
Project Coordinator; after such notification the LPA shall replace the RC no later
than thirty calendar days or sooner if possible. If the designated RC must be
replaced during the letting or construction phases, the LPA shall, within one day or
sooner if possible, notify verbally and in writing the State's LPD Quality
Management Engineer, the LPD Project Coordinator, and the State District
Representative; after such notification, the LPA shall replace the RC no later than
ten calendar days or sooner if possible. The State will require the LPA to sign a
supplemental agreement designating the replacement RC.
12. The LPA agrees that it is ultimately responsible for complying with all Federal and
State requirements and policies applicable to Federal -aid highway projects. This
includes meeting all post- construction environmental commitments. The LPA
understands that failure to meet any eligibility requirements for Federal funding may
result in the loss of all Federal funding for the project. In the event that the acts or
omissions of RC, the LPA or its agents or representatives result in a finding that a
project is ineligible for Federal funding, the LPA will repay the State all previously
paid Federal funds, as determined by the State, and any costs or expenses the
State has incurred for the project, including but not limited to, any costs reimbursed
for the time and expenses of the RC.
C. The LPA understands that the following are the duties of the RC:
1. Serve as the LPA's contact for issues or inquiries for Federal -aid projects assigned
by the LPA.
2. Ensure that all applicable Federal, State and local laws, regulations, policies and
guidelines are followed during the development and construction of the project.
Project No. URB- 6462(1) -7-
Control No. 22507
Jackson St, 3rd St — River Rd
3. Know and follow the State's LPA Guidelines Manual for Federal -Aid Projects.
4. Ensure that funds have been authorized by FHWA, in writing, prior to doing work in
any phase that the LPA expects to be reimbursed with Federal funds.
5. Have active day -to -day involvement in identifying issues, investigating options,
working directly with stakeholders, and decision making.
6. Ensure that the project plans and specifications are sealed, signed and dated by a
professional licensed engineer in the State of Nebraska, and that estimates have
been prepared and the construction has been observed by a professional engineer
licensed in the State of Nebraska or a person under direct supervision of a
professional engineer licensed in the State of Nebraska (reference Neb. Rev. Stat.
§81- 3445).
7. Competently manage and coordinate the project day -to -day operations, including all
project related decisions, on behalf of the LPA, which includes the LPA's governing
body, staff and any extended staff dedicated to the project such as consulting
engineers.
8. Ensure that project documents are thoroughly checked, reviewed and have had
quality control measures applied, prior to submitting to the State and /or FHWA.
9. Monitor the progress and schedule of the project and be responsible for ensuring
that the project is completed on time in accordance with established milestone
dates.
10. Notify and invite the State to all coordination meetings, environmental scoping
meetings, Plan -In -Hand review, public meetings /hearings.
11. Keep the State informed of all project issues.
12. Arrange preconstruction conference.
13. Keep the State's District Construction Representative informed of project start, and
ending dates and other scheduled construction milestones.
14. Be trained in the use of Trans *Port Site Manager if the LPA is providing the
construction engineering services.
15. Prepare contractor change orders.
16. Notify the State when consultant services agreements need to be supplemented.
17. Properly serve as the LPA's representative, and to visit the project site during
construction frequency commensurate with the magnitude and complexity of the
project.
Project No. URB- 6462(1) -8-
Control No. 22507
Jackson St, 3 rd St — River Rd
18. Ensure that proper construction management processes have been developed and
implemented for the project.
19. Serve as a steward of the public funds, i.e. ensure that the public gets what it is
paying for.
20. Attend all required training including the annual LPA RC workshop.
21. Fulfill continuing education requirements as specified in the State's LPA Guidelines
Manual for Federal -aid projects.
22. Review and approve Professional Services invoices in accordance with the LPA
Reimbursement Procedures located at http://www.dor.state.ne.us/gov-af`f/lpa-guide
man.html#forms4
SECTION 5. FEDERAL AID
The LPA understands and agrees that the LPA, its RC, agents, and Contractor have the
sole duty of proper prosecution of the project, in accordance with the approved plans, and that
failure to properly prosecute and construct the project in accordance with the approved plans
may result in the loss of federal funding.
Because the LPA is to receive Federal Funds for any part of this project, the LPA shall
perform the services for all phases of work, including, but not limited to preliminary engineering,
environmental studies, acquisition of Right -of -Way, construction, construction engineering, etc.,
according to Federal procedures and requirements. Although Federal Funds may be allocated
to the project, all phases or certain phases of work may become ineligible for Federal Funds if
Federal procedures and requirements are not met.
Prior to beginning any phase of work on the proposed project, the LPA shall coordinate
with the State's Local Projects Division Section Engineer for direction and assistance
concerning funding requirements to ensure that all upcoming project work will be accomplished
according to Federal procedures and requirements. It is the responsibility of the LPA/RC to
verify with documented evidence that federal funding authorization was obtained prior to
beginning any new phase of project work.
SECTION 6. FEDERAL APPROVAL
The State, on behalf of the LPA agrees to present the project to the FHWA for its
approval, if necessary. This project has not been designated as a full oversight project.
Federal approval for proceeding with the project must be obtained by the LPA at the
beginning of each of the following phases of the project:
1. Preliminary Engineering and NEPA
Project No. URB- 6462(1) -9-
Control No. 22507
Jackson St, 3` St — River Rd
2. Right of Way
3. Utilities
4. Construction Engineering
5. Construction
Before each new work phase begins, the LPA must confirm that FHWA (1) has approved
the obligation of funds (2) authorized the work in that'phase to begin, and (3) given approval for
a notice to proceed to be issued. Before providing services covered in any original and /or
supplemental services agreement, the LPA must confirm that FHWA (1) has approved the
obligation of funds (2) authorized the work in that phase to begin, and (3) given approval for a
notice to proceed to be issued.
SECTION 7. LPA GUIDELINES
The LPA agrees to conform to the requirements of the LPA Guidelines Manual throughout
all phases of this project. In the event the LPA believes that the LPA Guidelines Manual doesn't
address clearly a particular aspect of the project work, the LPA shall seek guidance or
clarification from the State's Local Project Division Section Engineer or Project Coordinator.
SECTION 8. OMB CIRCULAR A -133 AUDIT
The funding for the project under this agreement includes pass- through federal monies
from the FHWA. According to the Single Audit Act Amendments of 1996 and the implementing
regulations contained in OBM Circular A -133, the A -133 Audit is required if the non - federal
entity expends $500,000 or more in total federal awards in a fiscal year. Non - federal entity
means state and local governments and non - profit organizations.
The LPA shall have its finance officer or auditor; review the situation to determine what
the LPA must do to comply with this federal mandate. If an A -133 audit is necessary, the
expenditures related to the federal funds expended under this project should be shown in the
report's Schedule of Expenditures of the Federal Awards (SEFA).
The Federal award information needed for the SEFA includes:
Federal Grantor: U.S Department of Transportation — Federal Highway Administration
Pass- Through Grantor: Nebraska Department of Roads
Program Title: Highway Planning and Construction (Federal -Aid Highway Program)
CFDA Number; 20.205
Project Number: URB- 6462(1)
If an A -133 Audit is performed, the LPA shall provide a copy of the audit report to the Nebraska
Department of Roads, Highway Audits Manager, P.O. Box 94759, Lincoln, NE 68509 -4759.
Project No. URB- 6462(1) _10-
Control No. 22507
Jackson St, 3 rd St — River Rd
SECTION 9. TOTAL PROJECT COSTS REIMBURSEMENT AND INVOICING
The LPA is responsible for submitting for payment only those costs that are eligible for
Federal -aid. The State, on behalf of FHWA, will review the costs submitted and determine what
costs are eligible for payment. Upon request from the State, the LPA will produce all cost
records detailing the basis for all costs incurred on the project. The total cost of the project
which includes: preliminary engineering, final design, right -of -way, nonbetterment utility
rehabilitation, construction, construction engineering, and LPA and State eligible expenses (as
outlined below) is currently estimated to be $689,300. The LPA's share of all actual eligible
costs which is estimated to be $137,860. The State agrees to use the LPA's Federal Funds for
the actual eligible costs of the improvement which is estimated to be $551,440. Both the LPA
and State recognize this is a preliminary estimate and the final cost may be higher or lower.
LPA Incurred Oversight Costs:
Project initiation and oversight costs incurred by the LPA with respect to the entire project
will be part of the cost of the project to be paid out of LPA Federal Funds. Before the LPA can
incur reimbursable costs, the LPA must receive pre- authorization in accordance with the LPA
Reimbursement Procedures located at http://www.dor.state.ne.us/qov-af`f/Ipa
man.html#forms4 Pre - authorized costs for project initiation, project oversight, and incurred
expenses such as railroad, utilities, and right -of -way, must be invoiced to the State in
accordance with the LPA Reimbursement Procedures and this agreement. The LPA may
request reimbursement of their eligible actual costs by submitting an invoice to the State, no
more than monthly. The State will reimburse the LPA for the Federal share of the eligible actual
costs.
LPA Incurred Professional Services:
Professional services provided by the LPA, such as preliminary engineering and
construction engineering, require execution of a Professional Services Agreement to identify the
services to be provided by the LPA, associated costs, and method of reimbursement. Any
Professional Services performed prior to Federal authorization and receipt of a Notice to
Proceed will not be eligible for Federal -aid.
Project No. URB- 6462(1) -
Control No. 22507
Jackson St, 3 rd St — River Rd
Professional Consultant Services
Upon execution of any professional consultant services agreement for this project, the
State may invoice the LPA their share of the total agreement amount. The RC will review and
approve any professional services invoices in accordance with the LPA Reimbursement
Procedures. Upon review and approval by the State of RC approved professional services
invoices, the State will pay the consultant(s) directly.
Construction Contingencies and Construction Engineerinq:
Upon award of the construction contract, the State will invoice the LPA their share of the
construction contract plus contingencies and construction engineering, and any unbilled
preliminary engineering expenses. The LPA shall pay the State within 30 calendar days of
receipt of invoice from the State. The RC will review and approve any Construction Engineering
invoices in accordance with the LPA Reimbursement Procedures. Upon review and approval by
the State of RC approved professional services invoices, the State will pay the consultant(s)
directly.
The criteria contained in Part 31 of the Federal Acquisition Regulations System
(48 CFR 31) will be applied to determine the allowability of costs incurred by the LPA under this
agreement; to include any Professional Services agreements.
State Incurred Costs
Any project coordination and quality assurance review costs incurred by the State with
respect to the entire project will be part of the cost of the project to be paid out of LPA Federal
Funds. The State at its discretion may invoice the LPA their share of these costs and the LPA
shall make payment within 30 calendar days of receipt of invoice.
Final reimbursement requests must be made within 60 days after the LPA has filed a
completed State DR Form 299 with the State. Any invoices submitted after the 60 calendar
days will be ineligible for reimbursement.
The final settlement between the State and the LPA will be made after final funding review
and approval by the State and after an audit, if deemed necessary, has been performed to
determine eligible actual costs. Refer to the AUDITS AND FINAL SETTLEMENT section of this
agreement for additional information.
SECTION 10. LPA FINANCIAL RESPONSIBILITY
The LPA's share of the total project cost will be all costs not paid for by Federal Funds.
The LPA understands that payment for the costs of this project, whether they be services,
engineering, Right -of -Way, utilities, material or otherwise, are the sole responsibility of the LPA
Project No. URB- 6462(1) -12-
Control No. 22507
Jackson St, 3` St — River Rd
where Federal participation is not allowable or available or if the project is subsequently
determined to be ineligible for Federal -aid funding. Therefore, where the Federal government
refuses to participate in the project or any portion of the project the LPA is responsible for full
project payment with no cost or expense to the State in the project or in the ineligible portion of
the project. Should the project be abandoned before completion, the LPA shall pay or repay the
State for all costs incurred by the State prior to such abandonment.
SECTION 11. SCHEDULE
The LPA shall provide the State with current project schedules, submittal dates and critical
milestone dates. The LPA shall notify and keep the State informed on all project issues.
SECTION 12. PROCUREMENT OF PROFESSIONAL SERVICES
If a Consultant is to be selected to provide professional services for the project
(preliminary engineering, construction engineering), the method of procurement and evaluation
must follow all guidelines and requirements outlined in the LPA Guidelines Manual. For funding
eligibility, the State will review and approve the Request for Proposals prior to advertising. To
maintain Federal -aid eligibility for the project, the selected Consultant must be a State Certified
Consultant.
SECTION 13. PRELIMINARY ENGINEERING
The Parties agree that preliminary engineering, which includes project design, plan
development, environmental studies and final design, will be accomplished by the LPA or a
State Certified Consultant selected by the LPA. Preliminary engineering costs are estimated to
be $96,900. The scope of professional services to be provided by the selected Consultant must
be negotiated by the LPA and outlined in a Professional Services Agreement and executed by
the LPA and Consultant. The form of the Professional Services Agreement must be approved
by the State for funding eligibility. Any PE work performed prior to Federal authorization and
receipt of a Notice to Proceed will not be eligible for Federal -aid. The State will pay the
Consultant directly. The Consultant and LPA shall invoice the State for reimbursement in
accordance with the TOTAL PROJECT COSTS, REIMBURSEMENT AND INVOICING section
in this agreement.
The LPA, with State technical advice when requested, agrees to perform or caused to be
performed a preliminary survey and all necessary plans, specifications and estimates for the
proposed work. All plans, specifications, and estimates must be presented to the State for
funding approval to ensure adherence to Federal Standards. The LPA or its Consultant shall
design the project according to the current AASHTO Policy on Geometric Design of Highways
Project No. URB- 6462(1) -13-
Control No. 22507
Jackson St, 3 d St — River Rd
and Streets, the Nebraska Minimum Design Standards of the Board of Public Roads,
Classifications and Standards, the Americans with Disabilities Act (ADA) Accessibility
Guidelines and LPA Guidelines Manual for Federal -aid projects. Any deviations from the above
publications must be approved for funding by the State on behalf of FHWA.
Professional Performance
It is understood by the Parties that the LPA is solely responsible for the professional
performance and ability of the LPA and their Consultant(s) in the planning, design, construction,
operation and maintenance of this project. Any review or examination by the State, or
acceptance or use of the work product of the LPA or their consultant will not be considered to be
a full and comprehensive review or examination and will not be considered an approval, for
funding or for any other purpose, of the work product of the LPA and their Consultant which
would relieve the LPA from any expense or liability that would be connected with the LPA's sole
responsibility for the propriety and integrity of the professional work to be accomplished by the
LPA for the project.
SECTION 14. ENVIRONMENTAL RESPONSIBILITY
The LPA shall be responsible to complete any federally required environmental reviews,
actions, commitments, and documents for this project, and receive approval by the State and
the FHWA prior to proceeding with appraising property, acquiring any right -of -way, or final
design for the project.
The LPA agrees to acquire any or all permits necessary to accomplish the project.
When it is determined that public involvement is a federal requirement for the project, the
LPA shall offer an opportunity for a location or design hearing or combined location and design
public hearing.
If a public hearing /meeting is required, the LPA may contact the State's Public Hearing
Officer (PHO) prior to doing any public hearing activity, so the PHO can advise the LPA of the
proper procedures and policies for conducting the hearing, or to answer any questions.
SECTION 15. RAILROAD
The LPA shall prepare and execute any railroad agreement or agreements required for
this project. The LPA shall send a copy of the executed railroad agreements to the State prior
to advertising the project for bids. Should the railroad agreement include work to be performed
by the Railroad as part of the project, which is eligible for reimbursement, the LPA shall pay the
Railroad and bill the State for reimbursement in accordance with the TOTAL PROJECT COSTS,
REIMBURSEMENT AND INVOICING section in this agreement.
Project No. URB- 6462(1) -14-
Control No. 22507
Jackson St, 3` St — River Rd
SECTION 16. UTILITIES
Any utility rehabilitations or installations made within the Right -of -Way on this project after
execution of this agreement must be in accordance with the provisions of Federal -aid Highway
Policy Guide, 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement ", and
Federal -Aid Policy Guide, 23 CFR 64513, "Accommodation of Utilities" issued by the U.S.
Department of Transportation, Federal Highway Administration, and a State approved Utility
Accommodation Policy. In order to receive Federal -aid for this improvement, the LPA shall
follow the current "Policy for Accommodating Utilities on State Highway Right -of -Way" and the
LPA manual. In order for the utility work to be eligible for Federal -aid, a utility agreement
between the LPA and the Utility will need to be executed by both parties and approved by the
State, and Notice to Proceed will be given by the State to the LPA, prior to beginning the utility
work being done. The State's standard utility agreement (State Template AGR167) must be
used; a copy of this agreement can be obtained from the LPD Project Coordinator.
An local proiect work within a State Highway right -of -way requires an approval in the
form of a letter of authorization or a permit from the State The LPA shall contact the State's
District Engineer or Permits Officer to determine if a permit or permits is needed for the project
and to make application for those permits if necessary.
All nonbetterment municipally owned and operated utility rehabilitation costs within the
corporate limits of the LPA will become a project cost. Outside the limits, the
nonbetterment portion of utility rehabilitation costs will be reimbursed for facilities occupying
private property.
Further, there will be no Federal reimbursement for private or nonmunicipally owned and
operated utilities if they are located on public Right -of -Way, however, nonbetterment costs of
privately owned and operated utilities that serve a public interest will be reimbursed if they exist
on private property and it is necessary to rehabilitate the utilities due to this project. All such
reimbursements will be based on items and estimates submitted by the utility and approved by
the LPA and State. Should this project necessitate the nonbetterment rehabilitation of any
municipally and /or privately owned and operated utilities, the parties hereto agree to enter into a
separate agreement (State Template AGR167) to provide for the preliminary engineering,
construction and construction engineering of the nonbetterment utilities and the reimbursement
to the City by the State for the costs of the rehabilitation of municipally and /or privately owned
and operated utilities. Said agreement shall be entered into and approved prior to utility work
beginning.
Project No. URB- 6462(1) -15-
Control No. 22507
Jackson St, 3` St — River Rd
SECTION 17. RIGHT -OF -WAY
The Federal law governing acquisition and relocation on federally assisted projects is
Public Law 91 -646, the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 as amended, commonly called the Uniform Act. The LPA shall comply with the Uniform
Act, and the State's Right -of -Way Acquisition guide for LPA's.
The Uniform Act applies whenever Federal dollars are used in any phase of a project, such
as planning, engineering, environmental studies, or construction. The Uniform Act must be
followed even if there is NO Federal funding in the Right -of -Way phase. The State's
Relocation Assistance Act, Neb. Rev. Stat. 76 -214 through 76 -1238 applies on all projects.
Prior to beginning Right -of -Way appraisals and acquisition, the LPA shall submit to the
Local Projects Division Project Coordinator Right -of -Way plans, legal descriptions and an
estimate for review and approval for federal funding. If acceptable for funding, the State will
issue the LPA a Notice -to- Proceed with the Right -of -Way work phase.
Prior to proceeding with the construction phase, the LPA shall present to the State a
Right -of -Way Certificate that certifies the LPA has complied with the Uniform Act requirements
and that the project is ready for construction. The State will allow the construction phase of the
project to begin, if the documentation submitted by the LPA supports the Right -of -Way
Certificate and if all other Right -of -Way requirements have been met.
The LPA shall assure the State, and certify after accomplishment, that any Right -of -Way
for this improvement not donated in compliance with FHWA guidelines will be or has been
acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 as amended, 49 CFR 24, and the State's Right -of -Way Manual as
approved by FHWA.
Any eligible actual Right -of -Way costs incurred by the LPA shall be billed to the State for
reimbursement in accordance with the TOTAL PROJECT COSTS, REIMBURSEMENT AND
INVOICING section in this agreement.
SECTION 18. RIGHT -OF -WAY ENCROACHMENTS
The LPA, at no cost to the project, shall clear the entire existing Right -of -Way of this
project of any private or non -LPA uses or occupancy of the area above, below, or on the
existing Right -of -Way. Also, the LPA agrees to keep the old and new Right -of -Way free of future
encroachments, except those specifically authorized by permit.
The LPA must have all encroachments cleared from the Right -of -Way before requesting a
Right -of -Way Certificate and must attest to said clearance.
Project No. URB- 6462(1) -16-
Control No. 22507
Jackson St, 3rd St — River Rd
SECTION 19. LAND CORNERS
The LPA shall locate and reference or have located and referenced all section corners,
quarter section corners and subdivision lot corners required for construction of the proposed
project in accordance with Section 39 -1708 et. seq., R.R.S. 1943 as amended.
SECTION 20. SPECIAL ASSESSMENTS
Prior to initiating a special assessment on a federal aid project, the LPA shall notify the
NDOR LPD -PC of their proposed assessment. If a special assessment is levied as part of a
Federal -aid project, it shall be conducted as described in the NDOR Right of Way manual,
which, as of October 2010, is in the process of being revised on this issue. See the revised
NDOR Right of Way manual language below.
The LPA is required to provide the four points of documentation to the LPD -PC. They
are also required to follow all the terms of the Uniform Act in the acquisition of right of way for a
Federal -aid project.
Revised NDOR Right of Way Manual language:
"When federal funds participate in a project, an LPA may not levy a special
assessment, solely against those property owners from whom acquisitions are made for
the public improvement, for the primary purpose of recovering the compensation paid
for the real property. This recapture of compensation would constitute a form of forced
donation, which is coercive and thus not permitted under the Uniform Act.
However, an LPA may levy an assessment to recapture funds expended for a public
improvement, provided the assessment is levied against all properties in the taxation
area or in the district being improved and provided it is consistent with applicable local
ordinances."
The LPA needs to confirm there is no Uniform Act violation by documenting the
following:
• The affected property owners will be provided just compensation for their
property as required by the Federal and State Constitutions and reiterated the
Uniform Act.
• The acquisition costs will be paid by the LPA and property owners made aware
they will not be assessed the cost to acquire their property needed for the
project.
• The purpose of the special assessment is not to recover the acquisition costs.
Project No. URB- 6462(1) -17-
Control No. 22507
Jackson St, 3` St — River Rd
® The assessment will not be arbitrarily imposed on selected property owners in
the special improvement district in response to their demand for just
compensation or that the assessment will be implemented in a way that differs
from the way other like assessments have been imposed under similar
circumstances.
The project files must contain documentation affirming the above bulleted items.
SECTION 21. LETTI
At the request of FHWA, the State, on behalf of the LPA, will hold a bid letting for this
project. The State agrees to receive and review all plans, specifications, estimates and surveys
of the LPA and to advertise and conduct a bid letting for this project. The State will recommend
the selection of low bidders and the awarding of a contract or contracts which shall be
concurred in by the LPA, and the construction contract shall be signed by the LPA.
The LPA shall submit the final plans package (100 percent plans, specifications,
engineers' estimate, status of utilities, environmental permits, right -of -way certificate and
contract bidding documents) to the State's Local Projects Division Project Coordinator for review
when the package is complete. The State will review the submitted items and proceed with
advertising the project for bids when appropriate. The LPA is solely responsible for the
accuracy and completeness of the plans and bidding documents. The selection of low bidders
and awarding of a contract or contracts must be concurred in by the LPA prior to State award.
The LPA will sign the contract and will issue all applicable purchasing agent appointments and
tax exempt certificates for this project.
SECTION 22. CONTRACTOR PAYMENTS
All project contractor construction costs will be paid directly to the contractor by the
State, on behalf of the LPA. Progress invoices and final invoices shall be prepared by the RC or
Consultant using Trans *Port Site Manager Software. The RC or Consultant must be trained
by the State in the use of Trans *Port Site Manager Software. Any progress and final invoices
approved by the LPA or RC shall be submitted to the State Representative for funding approval
and processed for payment.
SECTION 23. CONSTRUCTION ENGINEERING
The LPA will be solely responsible for all construction engineering on this project. The
Parties agree that the construction engineering, which is an eligible project expense and which
includes construction management, staking, inspection and field testing, will be accomplished
by LPA forces or a State Certified Consultant selected in accordance with the LPA Guidelines
Project No. URB- 6462(1) -18-
Control No. 22507
Jackson St, 3` St — River Rd
Manual. Prior to the selected Consultant providing any construction engineering services, the
scope of services and associated costs must be negotiated by the LPA and outlined in a
Professional Services Agreement executed by the Consultant and the LPA. The form of the
Professional Services Agreement must be approved by the State for funding eligibility. Any
construction engineering services performed prior to execution of said agreement,
Federal authorization and receipt of a written Notice to Proceed will not be eligible for
Federal funding.
The inspection, sampling and testing of all materials must be done in accordance with
the current State of Nebraska Standard Specifications for Highway Construction, the State
Materials Sampling Guide, the Quality Assurance Program for Construction, and the State
Standard Methods of Tests or applicable AASHTO or ASTM procedures and as outlined in the
Professional Services Agreement.
The LPA shall provide adequate quality control, construction administration on the
project and will be responsible for the sampling and delivery of project materials for testing to a
qualified laboratory.
In all cases, the LPA is solely responsible for inspecting the project, performing quality
assurance, and insuring that the project is constructed in compliance with this contract, plans,
specifications, scope of work, regulations, statutes, etc. The State Representative will evaluate
the LPA's work solely for federal funding eligibility.
SECTION 24. PROJECT COMPLETION
Upon project completion, the LPA shall complete and sign a State DR Form 299,
"Notification of Project Completion and Materials Certification" and provide it to the State
Representative for further action.
The LPA by signing DR Form 299 certifies that all sampling and test results of materials
used on the project, manufacturer's certificates of compliance and manufacturer's certified test
reports meet contract requirements and are on file with the LPA. The LPA shall make them
available for inspection to the State and the FHWA or their authorized representatives when
requested in writing to do so.
The State Representative assigned to the project will conduct a final review of the project
and will determine if the project meets federal program requirements. If the State District
Construction Representative determines the project, meets federal program requirements the
State District Construction Representative will sign the DR Form 299 and send it to the State
District Engineer for signature. The State District Engineer will forward the form to the State's
Project No. URB- 6462(1) -19-
Control No. 22507
Jackson St, 3 rd St — River Rd
Local Projects Division Section Engineer for signing, project closeout and final payment. If the
State District Construction Representative determines the project does not meet federal
program requirements, the State District Construction Representative will notify the LPA's RC in
writing of what needs to be done to bring the project into compliance before the State District
Construction Representative will sign the DR Form 299 and recommend the project is ready for
closeout. The LPA shall contact the State's District Engineer for State District Construction
Representative assignment. It is understood that any time spent by the State Representative on
this project will be part of the cost of the project and the State's expenses will be included as
costs of the project, as specified in this agreement.
Upon project completion and final review, the LPA shall send one set of "As- Built" plans to
the State's Local Projects Section Engineer and one set to the State's District Engineer.
SECTION 25. AUDIT AND FINAL SETTLEMENT
Final settlement cannot be made between the State and the LPA until the LPA has filed a
completed State DR Form 299 with the State, and both the LPA and the State have signed it.
The final settlement between the State and the LPA will be made after final funding review
and approval by the State and after an audit, if deemed necessary, has been performed to
determine eligible actual costs. The amount of the final settlement between the State and the
LPA will be the calculated LPA's share of the total eligible project costs less the total local funds
paid to the State by the LPA.
If the LPA's share of the eligible project costs is more than the local funds paid to the
State, the State will bill the LPA an amount up to the LPA's share of the eligible project costs.
The LPA agrees to reimburse the State for any overpayments discovered by the State within
thirty (30) days of receipt.
If the LPA's share of the eligible project costs is less than the local funds paid to the State,
the State will reimburse the LPA an amount up to the LPA's share of the eligible project costs.
SECTION 26. CHANGES TO LPA ROUTES
Changes to the LPA routes which affect the function or operation of the improvement
made either during construction or after the project is completed, will require prior approval of
the State. Requests for changes during project construction must be made to the State
Representative who will then forward it to the Local Projects Division Project Coordinator for
final approval.
SECTION 27. MAINTENANCE AND ENVIRONMENTAL COMMITTMENTS
Project No. URB- 6462(1) -20-
Control No. 22507
Jackson St, 3` St — River Rd
Upon project completion, the LPA shall maintain the project at its own expense, and
agrees to make provisions each year for the maintenance costs involved in properly maintaining
this facility. The LPA shall also be responsible for any required environmental commitments
and monitoring after the construction of the project. The LPA will release and hold harmless the
State and FHWA from any suits brought against the State arising out of the LPA's construction,
operation, and maintenance of or related to the project.
SECTION 28. TRAFFIC CONTROL
The LPA shall be responsible for all traffic control along the project, and on project related
detours, before, during and after construction. Traffic control must conform to the Manual on
Uniform Traffic Control Devices. By requesting financial settlement of the project the LPA
certifies that all traffic control devices on the finished project have been properly completed or
installed.
SECTION 29. CONFLICT OF INTEREST LAWS
The LPA 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 the
project to remain fully eligible for State or Federal funding. LPA should review, understand and
follow the instructions provided in the NDOR CONFLICT OF INTEREST GUIDANCE
DOCUMENT for LPA OFFICIALS EMPLOYEES & AGENTS for LOCAL FEDERAL -AID
TRANSPORTATION PROJECTS located on the State website at the following location:
http: / /www. dor. state. ne. us /gov -aff /I pa/ chapter- forms /coi /coi - guidance - doc -lpa. pdf
LPA must also complete and sign the NDOR Conflict of Interest Disclosure Form for
LPAs for Local Federal -aid Transportation Project for each project. This form is located
on the State website at the following location:
http: / /www. dor.state. ne. us /gov - aff /Ipa /chapter - forms /coi /coi- disclosure - doc -Ipa. pdf
Consultants and sub - consultants providing services for LPA's, or submitting proposals
for services, shall notify, or be required to notify, the LPA and the NDOR LPD PC and submit a
revised Conflict of Interest Disclosure Form for Consultants for any changes in circumstances,
or discovery of any additional facts, that could result in someone employed by, or who has an
ownership, personal, or other interest with Consultant or sub - consultant having a real or
potential conflict of interest on an LPA federal -aid transportation project.
SECTION 30. DRUG FREE WORKPLACE
The LPA shall have an acceptable and current drug -free workplace policy on file with the
State.
Project No. URB- 6462(1) -21-
Control No. 22507
Jackson St, 3` St — River Rd
SECTION 31. RECORDS RESPONSIBILITY
The LPA shall maintain all correspondence files, books, documents, papers, field notes,
quantity tickets, accounting records and other evidence pertaining to costs incurred and shall
make such material available at its office at all reasonable times during the contract period and
for three years from the date of final cost settlement under this agreement; such records must
be available for inspection by the State and the FHWA or any authorized representatives of the
Federal government, and the LPA shall furnish copies to those mentioned in this section when
requested to do so.
SECTION 32. FAIR EMPLOYMENT PRACTICES
If the LPA performs any part of the work on this project itself, the LPA shall abide by the
provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48-
1101, through 48 -1126, and all regulations relative to nondiscrimination in federally assisted
programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in the
DISCRIMINATION CLAUSES Section of this agreement. The reference to "Contractor" in this
section also means the "LPA ".
SECTION 33. DISABILITIES ACT
The LPA agrees to comply with the Americans with Disabilities Act of 1990
(P.L. 101 -366), as implemented by 28 CFR 35, which is hereby made a part of and included in
this agreement by reference.
SECTION 34. LAWFUL PRESENCE IN USA AND WORK ELIGIBILITY STATUS PROVISIONS
The LPA agrees to comply with the requirements of Neb.Rev.Stat. §4 -108 to 4 -114 with
its Federal -aid project, including, but not limited to, the requirements of §4- 114(1)(b)) to place in
any contract it enters into with a public contractor a provision requiring the public contractor to
use a federal immigration verification system to determine the work eligibility status of new
employees physically performing services within the State of Nebraska.
SECTION 35 DISADVANTAGED BUSINESS ENTERPRI (DBE)
A. Policy
The LPA shall ensure that disadvantaged business enterprises as defined in 49 CFR
Part 26 shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal Funds under this agreement. Consequently, the DBE
requirements of 49 CFR Part 26 are hereby made a part of and incorporated by this reference
into this agreement.
Project No. URB- 6462(1) -22-
Control No. 22507
Jackson St, 3` St — River Rd
B. Disadvantaged Business Enterprises (DBEs) Obligation
The LPA and State shall ensure that disadvantaged business enterprises as defined in 49
CFR Part 26 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal Funds provided under this agreement. In
this regard, the LPA shall take all necessary and reasonable steps in accordance with 49 CFR
Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to
compete for and perform contracts. The LPA shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of FHWA assisted contracts.
The LPA, acting as a subrecipient of Federal -aid funds on this project shall adopt the
disadvantaged business enterprise program of the State for the Federal -aid contracts the LPA
enters into on this project.
Failure of the LPA to carry out the requirements set forth above shall constitute breach of
contract and, after the notification of the FHWA, may result in termination of the agreement or
contract by the State or such remedy as the State deems appropriate.
SECTION 36. TITLE VI NONDISCRIMINATION CLAUSES
During the performance of this agreement, the LPA, for itself, its assignees and
successors in interest agrees as follows:
(1) Compliance with Regulations The LPA shall comply with the Regulations of the
Department of Transportation relative to nondiscrimination in federally assisted programs
of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and
27, hereinafter referred to as the Regulations), which are herein incorporated by reference
and made a part of this agreement.
(2) Nondiscrimination The LPA, with regard to the work performed by it after award and prior
to completion of the contract work, shall not discriminate on the basis of disability, race,
color, sex, religion or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The LPA shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of
the Regulations, including employment practices when the contract covers a program set
forth in Appendix "A," "B," and "C" of Part 21 of the Regulations.
(3) Solicitations for Subcontracts Including Procurements of Materials and Equipm In all
solicitations either by competitive bidding or negotiation made by the LPA for work to be
performed under a subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the LPA of the LPA's obligations
Project No. URB- 6462(1) -23-
Control No. 22507
Jackson St, 3` St — River Rd
under this agreement and the Regulations relative to nondiscrimination on the basis of
disability, race, color, sex, religion or national origin.
(4) Information and Reports The LPA shall provide all information and reports required by
the Regulations, or orders and instructions issued pursuant thereto, and will permit
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by the State or the FHWA to be pertinent to ascertain compliance with
such Regulations, orders and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the LPA shall so certify to the State, or the FHWA as appropriate, and shall
set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance In the event of the LPA's noncompliance with the
nondiscrimination provisions of this agreement, the State will impose such contract
sanctions as it or the FHWA may determine to be appropriate, including but not limited to,
(a) Withholding of payments to the LPA under this agreement until the LPA complies,
and /or
(b) Cancellation, termination or suspension of this agreement, in whole or in part.
(6) Incorporation of Provisions The LPA shall include the provisions of paragraph (1)
through' (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, order, or instructions issued pursuant
thereto. The LPA shall take such action with respect to any subcontract or procurement
as the State or the FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a result of
such direction, the LPA may request the State to enter into such litigation to protect the
interests of the State, and in addition, the LPA may request the United States to enter into
such litigation to protect the interests of the United States.
SECTION 37. REPRESENTATIONS
This agreement contains the entire agreement of the LPA and State. No representations
were made or relied upon by LPA or State other than those that are expressly set forth herein.
No agent, employee or other representative of LPA or State is empowered to alter any of the
terms in this agreement unless done in writing and signed by an authorized officer of the LPA
and State.
Project No. URB- 6462(1) -24-
Control No. 22507
Jackson St, 3rd St — River Rd
IN WITNESS WHEREOF, the LPA and State hereto have caused these presents to be
executed by their proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED by the LPA this � day N _ `-JnE1 -- , 2011.
WITNESS:
Brenda Wheeler
C'IYr BLAIR
James Realph
LPA Clerk M o
EXECUTED by the State this ' day of _� , 2011.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Jim Wilkinson, P.E.
RECOMMENDED:
Tim Weander
Di rict 2 En er
Q�i ", &-Ziax-21
Lo 09I Projects Division Engineer
Project No. URB- 6462(1) -25-
Control No. 22507
Jackson St, 3` St — River Rd
B laine t from R iver R d to Marina r
N Jackson St from Blaine St to Otte Middle School
W+ E
S
� Riverview Dr
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_Jackson)st
V I1V v"rvr—k i I
Control No. 22507 Exhibit "A"
Jackson St, 3rd - River Rd, Blair
e(EX ' 611
RESOLUTION NO. 2011 - 19
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair, Nebraska wishes to enter into an Agreement with the State
of Nebraska Department of Roads for the Jackson Street and Blaine Road Improvements,
Project Number URB- 6462(1).
WHEREAS, the project is for construction of PCC curb and gutter sections on both the
north and south sides of Jackson Street from 1000 feet west of 3 Street to River Road and
Blaine Road from River Road to Marine Drive. Work will include storm sewer and inlets and
10 foot wide of 6 inch PCC bike trail on north side of project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska
and the State of Nebraska Department of Roads which has been presented to the City Council, is
hereby accepted and adopted by the City of Blair, Nebraska. Said Agreement is attached hereto
as Exhibit B and is fully incorporated herein by reference
BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair,
Nebraska are hereby authorized and directed to execute said Agreement on behalf of the
municipality.
COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN,
WOLFF, HALL AND JENSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 14TH DAY OF JUNE, 2011.
CITY OF BLAIR, NEBRASKA
B ,.��
J E. REALPH, MAYOR—
ATTEST:
B NDA WHEELER, CITY CLERK
(SEAL)
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 June, 2011.
BRENDA R. WHEELER, CITY CLERK
Run Date, 04/03/2012 U.S. DEPARTMENT OF TRANSPORTATION Repoli: FMISD06A
Run Time 09:34:36 FEDERAL HIGHWAY ADMINISTRATION Page 1
FEDERAL -AID PROJECT MODIFICATION
STATE: NEBRASKA PROJECT NO: 6462(001) NO: 1
STATE PROD. NO(S): 22507
DESCRIPTION: Jackson St., 3rd - River Rd., Blair - 26' b -b urban
CLASSIFICATION OF PHASE OF WORK: PENG
THE PROJECT AGREEMENT FOR THE ABOVE- REFERENCED PROJECT ENTERED INTO BETWEEN THE UNDERSIGNED
PARTIES AND EXECUTED BY THE DIVISION ADMINISTRATOR ON 04/19/2011 IS HEREBY MODIFIED AS FOLLOWS:
PROGRAM URBAN/
FORMER AMOUNT
REVISED AMOUNT
CODE WITH
L200 ESTIMATED TOTAL OF PROJECT
$15,000.00
$15,000.00
FEDERAL FUNDS
$12,000.00
$12,000.00
ADV CONSTRUCTION FUNDS
$0.00
$0.00
PERCENT FEDERAL SHARE
80.00%
80.00%
L20E ESTIMATED TOTAL OF PROJECT
$0.00
$106.332.00
FEDERAL FUNDS
$0.00
$85,066.00
ADV CONSTRUCTION FUNDS
$0.00
$0.00
PERCENT FEDERAL SHARE
80.00%
STATE REMARKS:
New project - Initial startup costs for NDOR - $10,000 (capped) and RC - $5,000. This agreement is subject to the following award terms:
http: / /edocket.access.gpo.gov /2010 /pdf / 22705 .pdf and http: / /edocket. access. gpo.gov /2010 /pdf /2010 22706 .pdf ; Obligate for PE
under BK1254 kt 3/9/12
DIVISION REMARKS:
Documentation for PE obligation on file, fmr 3/13/2012.
ALL OTHER TERMS AND CONDITIONS OF THE PROJECT AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.
DEPARTMENT OF TRANSPORTATION
AVAILABLE FUNDS CERTIFIED BY: KENDALL M. TONJES DATE: 03/09/2012
APPROVAL RECOMMENDED BY: KENDALL M. TONJES DATE: 03/0912012
APPROVED AND AUTHORIZED BY: MARILYN R. HAYES DATE: 03/12/2012
FEDERAL HIGHWAY ADMINISTRATION
APPROVAL RECOMMENDED BY: ANDREW D. BROWN DATE: 03/12/2012
APPROVED AND AUTHORIZED BY: ANDREW D. BROWN DATE: 03/12/2012
MODIFICATION APPROVED BY: FRANK M. RICH DATE: 03/13/2012
Federal Obligation Request Forrr
Project No.:
Control No.
tment
22507
Project Name: rd
Jackson St, 3 - River Rd, Blair
Date: March 8, 2012
[] Federal oversight E] State Oversight
[ — Previous
tment
T Current –]
Agreement No.
PE
State ($10,000 cap)
10,000.00
0.00
10,000.00
RC
5,000.00
4,232.00
9,232.00
RC ICE on file
Prime Consultant FHU
0.00
102,100.00
102,100.00
BK1 254
Subconsultant Name of Consultant
0.00
Subconsultant Name of Consultant
0.00
Subtotal:
$15,000.00
$106,332.00
$121,332.00
ROW
0.00
Utilities
0.00
CE
State (I of construction
estimate.– minimum
of $5,000, plus
$2,500 for audit)
0.00
RC
0.00
Prime Consultant Name of Consultant
0.00
Subconsultant Name of Consultant
0.00
Subconsultant Name of Consultant
0.00
Construction Cost Estimate
0.00
TOTAL
$15,000.00
$106,332.00
$121,332.00
Notes and Justification: Values shown in table are totals, not solely the Federal share.
80/20 STP
I have reviewed all the supporting documentation and found that the costs are reasonable, eligible, and|n
compliance with 23 USC and 23 CFR and all standards established in the LPA manual.
N[}(}F<Project Coordinator:
12/21/11
Run Date 04103/2012 U.S. DEPARTMENT OF TRANSPORTATION Repo'& FMISD06A
Run Time 09:34 :36 FEDERAL HIGHWAY ADMINISTRATION Page 1
FEDERAL -AID PROJECT MODIFICATION
STATE: NEBRASKA PROJECT NO: 6462(001) NO: 1
STATE PROJ. NO(S): 22507
DESCRIPTION: Jackson St., 3rd - River Rd., Blair - 26' b -b urban
CLASSIFICATION OF PHASE OF WORK: PENG
THE PROJECT AGREEMENT FOR THE ABOVE - REFERENCED PROJECT ENTERED INTO BETWEEN THE UNDERSIGNED
PARTIES AND EXECUTED BY THE DIVISION ADMINISTRATOR ON 04/19/2011 IS HEREBY MODIFIED AS FOLLOWS:
PROGRAM
URBAN/
FORMER AMOUNT
REVISED AMOUNT
CODE
WITH
L200
ESTIMATED TOTAL OF PROJECT
$15,000.00
$15,000.00
FEDERAL FUNDS
$12,000.00
$12,000.00
ADV CONSTRUCTION FUNDS
$0.00
$0.00
PERCENT FEDERAL SHARE
80.00%
80.00%
L20E
ESTIMATED TOTAL OF PROJECT
$0.00
$106,332.00
FEDERAL FUNDS
$0.00
$85,066.00
ADV CONSTRUCTION FUNDS
$0.00
$0.00
PERCENT FEDERAL SHARE
80.00%
STATE REMARKS:
New project - Initial startup costs for NDOR - $10,000 (capped) and RC - $5,000. This agreement is subject to the following award terms:
http: / /edocket. access. gpo.gov /2010/pdf/2 22705 .pdf and http: / /edocket. access. gpo.gov /2010/pdf/201 22706 .pdf ; Obligate for PE
under BK1254 kt 3/9/12
DIVISION REMARKS:
Documentation for PE obligation on file, fmr 3/13/2012.
ALL OTHER TERMS AND CONDITIONS OF THE PROJECT AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.
DEPARTMENT OF TRANSPORTATION
AVAILABLE FUNDS CERTIFIED BY: KENDALL M. TONJES DATE: 03/09/2012
APPROVAL RECOMMENDED BY: KENDALL M. TONJES DATE: 03/09/2012
APPROVED AND AUTHORIZED BY: MARILYN R. HAYES DATE: 03/12/2012
FEDERAL HIGHWAY ADMINISTRATION
APPROVAL RECOMMENDED BY: ANDREW D. BROWN DATE: 03/12/2012
APPROVED AND AUTHORIZED BY: ANDREW D. BROWN DATE: 03/12/2012
MODIFICATION APPROVED BY: FRANK M. RICH DATE: 03/13/2012
,��ederal Obligation Request Form
Project No.:
URB- 6462(1)
Control No.
22507
Project Name:
Jackson St, 3 - River Rd, Blair
Date:
March 8, 2012
❑ Federal Oversight ❑ State Oversight
Previous
Adjustment
Current
Agreement No.
PE
State ($10,000 cap)
10.,000.00
0.00
10,000.00
RC
5,000.00
4,232.00
9,232.00
RC ICE on file
Prime Consultant FHU
0.00
102,100.00
102,100.00
BK1254
Subconsultant Name of Consultant
0.00
Subconsultant Name of Consultant
0.00
Subtotal:
$15,000.00
$106,332.00
$121,332.00
ROW
0.00
Utilities
0.00
CE
State (I% of construction
estimate.— minimum
of $5,000, plus
$2 500 for audit)
0.00
RC
0.00
Prime Consultant Name of Consultant
0.00
Subconsultant Name of Consultant
0.00
Subconsultant Name of Consultant
0.00
Subtotal:
$0.00
$0.00
$0.00
Construction Cost Estimate
0.00
TOTAL
$15
$106,332.00
$121,332.00
Notes and Justification: Values shown in table are totals, not solely the Federal share.
80/20 STP
I have reviewed all the supporting documentation and found that the costs are reasonable, eligible, and in
compliance with 23 USC and 23 CFR and all standards established in the LPA manual.
NDOR Project Coordinator:
12/21/11
LPA - CONSULTANT
PROFESSIONAL SERVICES AGREEMENT
PRELIMINARY ENGINEERING /NEPA AND FINAL DESIGN SERVICES
CITY OF BLAIR
FELSBURG HOLT & ULLEVI'G
PROJECT NO. URB- 6462(1)
CONTROL NO. 22507
JACKSON ST, 3 RD — RIVER RD, BLAIR
THIS AGREEMENT, made and entered into by and between the City of Blair, Nebraska,
hereinafter referred to as the Local Public Agency or LPA, and Felsburg Holt & Ullevig,
hereinafter referred to as the Consultant.
WITNESSETH
WHEREAS, the LPA used a qualification based selection process to select the Consultant
to render professional services for the above named project' at the location shown on
EXHIBIT "A ", which is attached and hereby made a part of this agreement, and
WHEREAS, the 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, Consultant is willing to perform the services in accordance with the terms
hereinafter provided, is presently in compliance with Nebraska law, and hereby agrees to
comply with all federal, state, and local laws and ordinances applicable to this agreement, and
WHEREAS, the Consultant and LPA intend that the services provided by Consultant
comply with all applicable federal -aid transportation related program requirements, so that
LPA's project will be fully eligible for federal reimbursement, and
WHEREAS, the LPA and Consultant intend that the services under this agreement 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; 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: / /www transportation nebraska.gov/ gov -aff /Ipa /Ipa- guidelines.pdf and
WHEREAS, the Consultants primary contact person for LPA will be the LPA's
representative, who has been designated as being in responsible charge of the project, and who
is referred to herein as RC or Responsible Charge.
WHEREAS, the parties understand that the State of Nebraska, Department of Roads is
involved in this federal -aid project on behalf of the FHWA only for issues related to the eligibility
of the project for reimbursement of project costs with federal -aid funds.
NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows:
SECTION 1. DEFINITIONS
Wherever in this agreement the following terms are used, they will have the following
meaning:
"CONSULTANT" means the firm of Felsburg Holt & Ullevig and any employees thereof,
whose business and mailing address is 11422 Miracle Hills Drive, Suite 115, Omaha, NE
68154, and
"SUBCONSULTANT /SUBCONTRACTOR" means the firm of JEO Consulting Group, Inc.,
whose business and mailing address is 142 W 11 Street, Wahoo, NE 68006 and the firm of
Thiele Geotech, Inc. and any employees thereof, whose business and mailing address is 13478
Chandler Road, Omaha, NE 68138, and
"LPA" stands for Local Public Agency, and in this agreement means the City of Blair,
Nebraska unless the context otherwise requires. LPA may also be used to refer generally to
other Local Public Agencies. 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, and
"LPA MANUAL" shall mean the Nebraska Department of Roads' LPA Guidelines Manual
for Federal -Aid Projects. The LPA Manual can be found in its entirety at the following web
address: http: / /www transportation. nebraska. qov /qov- aff /lpa /Ipa-guidelines.pdf and
"RESPONSIBLE CHARGE" or "RC" shall mean LPA's representative for the project
whose duties and responsibilities are identified in federal law and in the LPA Manual, and
"STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, its director, or
authorized representative. The State represents the United States Department of Transportation
on federally funded transportation projects sponsored by a sub recipient of federal funds and
any reference to the "State" in this agreement shall mean the State on behalf of the United
States Department of Transportation.
"FHWA" means the Federal Highway Administration, United States Department of
Transportation, Washington, D.C. 20590, acting through its authorized representatives.
Project No. URB- 6462(1)
Control No. 22507 -2-
Jackson St, 3` — River Rd, Blair
Template Rev 9 -14 -11
"DOT" means the United States Department of Transportation, Washington, D.C. 20590,
acting through its authorized representatives.
To "ABANDON" the services means that the LPA has determined that conditions or
intentions as originally existed have* changed and that the services as contemplated herein is to
be renounced and deserted for as long in the future as can be foreseen.
To "SUSPEND" the services means that the LPA has determined that progress is not
sufficient, or that the conditions or intentions as originally existed have changed, or the services
completed or submitted are unsatisfactory, and that the services as contemplated herein should
be stopped on a temporary basis. This cessation will prevail until the LPA determines to
abandon or terminate the services or to reinstate it under the conditions as defined in this
agreement.
To "TERMINATE" or the "TERMINATION" of this agreement is the cessation or quitting of
this agreement based upon action or failure of action on the part of the Consultant as defined
herein and as determined by the LPA.
SECTION 2. SCOPE OF SERVICES
The Consultant shall provide preliminary engineering, NEPA documentation and final
design services for Project No. URB- 6462(1), Control No. 22507, in Washington County,
Nebraska. Upon receiving a written notice to proceed from the State, the Consultant shall
complete the services required under this agreement as set out in Exhibit "B ", Scope of
Services, which are attached and hereby made a part of this agreement. Any services
performed by the Consultant prior to written approval of the State will be solely at the expense
of the Consultant. .
The State 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
State will give the Consultant seven days written notice of such addition or subtraction. Any
necessary addition or subtraction in the "General Scope of Services" shall follow the Consultant
Work Order Process outlined in the FEES AND PAYMENTS section below.
SECTION 3. CHANGES TO PERSONNEL
The Consultant has provided LPA with a staffing plan that identifies the employees of the
Consultant who will be part of the primary team for this project. The primary team members will
be agreed upon and identified in each Task Order. The primary team is expected to be directly
responsible for providing the field services for the work under this agreement. This document
shall specify the role that will be assigned to each member of the primary team. This document
Project No. URB- 6462(1)
Control No. 22507 -3-
Jackson St, 3 rd — River Rd, Blair
Template Rev 9 -14 -11
is attached hereto as EXHIBIT "B" and is incorporated herein by this reference. During design,
the Consultant may make occasional temporary changes to the primary team. However, any
permanent change to the primary team will require prior written approval from the LPA.
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 the
Consultant 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 the SUSPENSION ABANDONMENT, OR TERMINATION section of this
agreement.
SECTION 4. NEW EMPLOYEE WORK ELIGIBILITY STATUS
The Consultant agrees to use a federal immigration verification system to determine the
services eligibility status of new employees physically performing services within the State of
Nebraska. The Consultant hereby agrees to contractually require any subconsultants to use a
federal immigration verification system to determine the services eligibility status of new
employees physically performing services within the State of Nebraska. A federal immigration
verification system means the electronic verification of the services 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
services eligibility status of a newly hired employee.
The undersigned duly authorized representative of the 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 services 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.
If the Consultant is an individual or sole proprietorship, the following applies:
1. The Consultant must complete the United States Citizenship Attestation form,
and attached it to this agreement. The form is available on the Department of
Roads website at www. transportation .nebraska.gov /proidev/ #save
Project No. URB- 6462(1)
Control No. 22507 -4-
Jackson St, 3` — River Rd, Blair
Template Rev 9 -14 -11
2. If the Consultant indicates on such Attestation form that he or she is a
qualified alien, the Consultant agrees to provide the US Citizenship and
Immigration Services documentation required to verify the Consultant lawful
presence in the United States using the Systematic Alien Verification for
Entitlements (SAVE) Program.
3. The Consultant understands and agrees that lawful presence in the United
States is required and the Consultant may be disqualified or the contract
terminated if such lawful presence cannot be verified as required by
Neb. Rev. Stat. §4 -108.
SECTION 5. NOTICE TO PROCEED AND COMPLETION
The'LPA will issue the Consultant a written Notice -to- Proceed when LPA determines
that federal funding approval has been obtained for the project, upon full execution of the
agreement and upon State concurrence that the form of this agreement is acceptable for federal
funding eligibility. Any services performed by Consultant on the project prior to the date
specified in the written Notice -to- Proceed will be solely at the Consultant's expense.
The Consultant shall complete all the services according to the schedule in attached
EXHIBIT "B" and shall complete all work required under this agreement in a satisfactory manner
by June 1, 2013.
Any costs incurred by Consultant after the completion date are not eligible for
reimbursement unless the Consultant has received an extension of time in writing from LPA.
The completion time will not be extended because of any avoidable delay attributed to the
Consultant, but delays attributable to the LPA may constitute a basis for an extension of time.
SECTION 6. FEES AND PAYMENTS
The general provisions concerning payment under this agreement are set out on the attached
Exhibit "D." The following provisions also apply:
A. For performance of the services as described in this agreement, the Consultant will be
paid a fixed - fee - for - ,profit of $8,667.84, as defined in paragraph "E" of the attached
Exhibit "D" and up to a maximum amount of $93,432.16 for actual costs as defined in
paragraph "F" of the attached Exhibit "D ". The agreement amount is $102,100.00.
Progress and final payments will be based on receipted invoices or certified billings
and compensation will be in accordance with all requirements and limitations of the
federal cost principles contained in the Federal Acquisition Regulation (48 CFR 31).
Project No. URB- 6462(1)
Control No. 22507 -5-
Jackson St, 3 rd — River Rd, Blair
Template Rev 9 -14 -11
B. Occasionally, the conditions of this agreement may change. This may be due to a
change in scope which may require an adjustment of costs. For any services
beyond what are shown in the scope of services of this agreement, the Consultant
shall describe the proposed services, provide justification for the proposed services,
estimate the cost to complete the services, and receive written approval from the
LPA before the Consultant begins the proposed services. Before written approval
will be given by the LPA, the LPA must determine that the situation meets the
following criteria:
® That the additional work is beyond the scope of services initially negotiated
with Consultant; and
® That the proposed Services are within the scope of the Request for
Proposal under which Consultant was selected and contract entered into;
and
® That it is in the best interest of the LPA that the services be performed
under this agreement.
Once the need for a modification has been established, a supplemental agreement
will be prepared. '
If the additional work requires the Consultant to incur costs prior to execution of a
supplemental agreement for Federal -Aid project, the LPA shall use the process set
out below:
® Consultant Work Order Form (CWO) - DR Form 250 shall be used to
describe and provide necessary justification for the modification of the, scope
of services, the deliverables, the schedule, and to document the estimated
total additional fee. CWO form is available on the Nebraska Department of
Roads website at: www. transportation .nebraska.gov /qov- aff /lpa- guide-
man.html#forms4 The CWO must be executed to provide authorization for
the additional work and to specify when that work may begin. This
- agreement will be supplemented after one or more CWOs have been
authorized and approved for federal funding.
C. The LPA is not responsible for costs incurred prior to the Notice -to- Proceed date or
after the completion date stated in the NOTICE TO PROCEED AND COMPLETION
Section of this agreement or as provided in a written time extension notification.
. SECTION 7. PROFESSIONAL PERFORMANCE
Project No. URB- 6462(1)
Control No. 22507 -6-
Jackson St, 3 rd — River Rd, Blair
Template Rev 9 -14 -11
The Consultant understands that the LPA will rely on the professional training,
experience, performance and ability of the Consultant. Examination by the LPA, State or
FHWA, or acceptance or use of, or acquiescence in the Consultant's services product, will not
be considered to be a full and comprehensive examination and will not be considered an
approval of the Consultant's services product which would relieve the Consultant from any
liability or expense that would be connected with the Consultant's sole responsibility for the
propriety and integrity of the professional services to be accomplished by the Consultant
pursuant to this agreement. The Consultant further understands that acceptance or approval of
any of the services of the Consultant by the LPA or of payment, partial or final, will not constitute
a waiver of any rights of the LPA to recover from the Consultant, damages that are caused by
the Consultant due to error, omission, or negligence of the Consultant in its services. That
further, if due to error, omission, or negligence of the Consultant, the plans, specifications, and
estimates are found to be in error or there are omissions therein revealed during the
construction of the project and revision or reworking of the plans is necessary, the Consultant
shall make such revisions without expense to the LPA. The Consultant shall respond to the
LPA's or State's notice of any errors or omissions within 24 hours and give immediate attention
to necessary corrections to minimize any delays to the project. This may involve visits by the
Consultant to the project site, if directed by the LPA. If the Consultant discovers errors in its
services, it shall notify the LPA and State of the errors within seven days. Failure of the
Consultant to notify the LPA will constitute a breach of this agreement. The Consultant's legal
liability for all damages incurred by the LPA caused by error, omission, or negligent acts of the
Consultant will be borne by the Consultant without liability or expense to the LPA.
SECTION 8. SUSPENSION ABANDONMENT OR TERMINATION
The LPA has the absolute right to suspend or abandon the work, or terminate the
agreement at any time and such action on its part will in no event be deemed a breach of this
agreement. The LPA will give the Consultant seven days written notice of such suspension,
abandonment, or termination. Any necessary change in Scope of Services shall follow the
Consultant Work Order Process outlined in the FEES AND PAYMENTS section above.
If the LPA suspends or abandons the work or terminates the agreement as presently
outlined, the Consultant shall be compensated in accordance with the provisions of 48 CFR 31
provided however, that in the case of suspension, abandonment or termination for breach of this
agreement, the LPA will have the power to suspend payments, pending the Consultant's
compliance with the provisions of this agreement. Payment to Consultant will be prorated
Project No. URB- 6462(1)
Control No. 22507 -7-
Jackson St, 3rd — River Rd, Blair
Template Rev 9 -14 -11
The Consultant agrees to obtain the written approval of the Consultant Coordinator prior
to the dissemination of any privileged or confidential information or documentation if it is unclear
to the Consultant whether such information or documentation is in fact privileged or confidential.
The Consultant and the LPA agree that any unauthorized dissemination of any privileged
or confidential information or documentation on the part of the Consultant will create liability on
the part of the Consultant to the LPA for any damages that may occur as a result of the
unauthorized dissemination. The Consultant agrees to hold harmless, indemnify, and release
the LPA for any liability that may ensue on the part of the LPA for any unauthorized
dissemination of any privileged or confidential information or documentation on the part of the
Consultant.
SECTION 12. FORBIDDING USE OF OUTSIDE AGENTS
The Consultant warrants that it has not employed or retained any company or person,
other than a bona fide employee working for the 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, the LPA has the right to annul this agreement without liability or, in its
discretion, to deduct from the agreement price or consideration, or otherwise recover the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
SECTION 13. NON - RAIDING CLAUSE
The Consultant shall not engage the services of any person or persons presently in the
employ of the State for services covered by this agreement without the prior written consent of
the employer of the persons.
SECTION 14. GENERAL COMPLIANCE WITH LAWS
The Consultant hereby agrees to comply with all federal, state, and local laws and
ordinances applicable to the services.
SECTION 15. DISPUTES
Any dispute concerning a question of fact in connection with the work covered under this
agreement will be addressed in accordance with LPA Manual Section 4.4.3.5 DISPUTE
RESOLUTION.
SECTION 16. RESPONSIBILITY FOR CLAIMS AND LIABILITY
Project No. URB- 6462(1)
Control No. 22507 _10-
Jackson St, 3 rd — River Rd, Blair
Template Rev 9 -14 -11
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 the LPA or such
remedy as the LPA deems appropriate.
SECTION 23. NONDISCRIMINATION
A. Compliance with Regulations During the performance of this agreement, the
Consultant, for itself and its assignees and successors in interest, agrees to comply
with the regulations of the DOT relative to nondiscrimination in federally- assisted
programs of the DOT (49 CFR 21 and 27, hereinafter referred to as the
Regulations), which are hereby made a part of and included in this agreement by
reference.
B. Nondiscrimination The 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, or national origin in the selection and retention of
Subconsultants, including procurements of materials and leases of equipment. The
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.
C. Solicitations for Subagreements Includinq Procurements of Mat erials
and Equipment In all solicitations either by competitive bidding or negotiation
made by the Consultant for work to be performed under a subagreement, including
procurements of materials or equipment, each potential Subconsultant or supplier
shall be notified by the Consultant of the Consultant's obligations under this
agreement and the Regulations relative to nondiscrimination on the basis of race,
color, sex, or national origin.
D. Information and Reports The 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 the 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, the Consultant shall certify to the
LPA, State or FHWA, as appropriate, and set forth what efforts it has made to
obtain the information.
Project No. URB- 6462(1)
Control No. 22507 -12-
Jackson St, Td — River Rd, Blair
Template Rev 9 -14 -11
E. Sanctions for Noncompliance In the event of the Consultant's noncompliance with
the nondiscrimination provisions of this agreement, the LPA will impose such
agreement sanctions as it or the State and FHWA may determine to be appropriate,
including but not limited to withholding of payments to the Consultant under this
agreement until the Consultant complies, and /or cancellation, termination, or
suspension of this agreement, in whole or in part.
F. Incorporation of Provisions The Consultant shall include the provisions of
paragraphs A through E of this section in every subagreement, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, orders, or instructions issued pursuant thereto. The Consultant shall
take such action with respect to any subagreement or procurement as the 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, the Consultant may request that the
LPA enter into such litigation to protect the interests of the LPA and, in addition, the
Consultant may request that the State and United States enter into such litigation to
protect the interests of the State and United States.
SECTION 24. SUBLETTING ASSIGNMENT OR TRANSFER
The Subconsultant/Subcontractor will provide geotechnical exploration, topographic
survey and drainage design services.
Any other subletting, assignment, or transfer of any professional services to be performed
by the Consultant is hereby prohibited unless prior written consent of the LPA is obtained.
The Consultant shall enter into an agreement with its Subconsultants /Subcontractors for
work covered under this agreement. All Subconsultant /Subcontractor agreements for work
covered under this agreement, in excess of $10,000, must contain similar provisions to those in
this agreement. No right -of- action against the LPA will accrue to any
Subconsultant/Subcontractor by reason of this agreement.
As outlined in the DISADVANTAGED BUSINESS ENTERPRISES Section of this
agreement, the 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 work must include documentation of
efforts to employ a disadvantaged business enterprise.
Project No. URB- 6462(1)
Control No. 22507 -13-
Jackson St, 3rd — River Rd, Blair
Template Rev 9 -14 -11
transaction, unless authorized by the LPA before entering into this
agreement.
g. The Consultant further agrees to include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transaction," provided by the State
without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
h. The 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.
i. 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 the Consultant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
j. Except for transactions authorized under paragraph (f) of these
instructions, if the 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, the LPA may terminate this agreement for
cause or default.
2. Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
a. By signing this agreement, the Consultant certifies to the best of its
knowledge and belief, that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered
'transactions by any federal department or agency;
Project No. URB- 6462(1)
Control No. 22507 -16-
Jackson St, Td — River Rd, Blair
Template Rev 9 -14 -11
ii. 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) 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;
iii. 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 A.(ii)
of this certification; and
iv. 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.
b. Where the 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
the 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 27. LPA CERTIFICATION
By signing this agreement, I, do hereby certify that, to the best of my knowledge, the
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.
Project No. URB- 6462(1)
Control No. 22507 -17-
Jackson St, 3 rd — River Rd, Blair
Template Rev 9 -14 -11
SECTION 28. ALL ENCOMPASSED
This instrument embodies the whole 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. URB- 6462(1)
Control No. 22507 -18-
Jackson St, 3 rd —River Rd, Blair
Template Rev 9 -14 -11
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their proper officials thereunto duly authorized as of the dates below indicated.
After being duly sworn on oath, I do hereby acknowledge the foregoing certification and
state that I am authorized to sign this agreement.
EXECUTED by the Consultant this dday of , 2012.
FELSBURG HOLT & ULLEVIG
Kyle A. Anderson, PE
STATE OF NEBRASKA) .
)ss.
DOUGLAS COUNTY )
11 A 6-1-1 g -I 6 1
ricipal
Subscribed and sworn to before me this �4 P_ day of P64 CL , 2012.
GENERAL NOTARY -State of Nebraska /
MAR K. sT RU9 IiL
My Comm. Exp. Julys, 2015
Notary P li
EXECUTED by the LPA this 2,1 day of 141110 _ ' 2012.
CITY OF BLAIR
James Realph
MI
Subscribed and sworn to before me this 2- day of Ala , 2012.
�U
e
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Form of Agreement Approved for
Federal Funding Eligibility:
6
4
65 rT
Date
Project No. URB- 6462(1)
Control No. 22507 _19-
Jackson St, 3 — River Rd, Blair 0 K 2 5 4
Template Rev 9 -14 -11
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Project No. URB- 6462(1)
Control No. 22507 Exhibit "A"
Jackson St, 3rd - River Rd, Blair
Exhibit B
SCOPE OF SERVICES
NEPA Categorical Exclusion, Preliminary and Final Engineering
For
Project: Jackson and Blaine Street Improvements, Blair
Project Number: URB- 6462(1) .
Control Number: 22507
A. PROJECT DESCRIPTION
This schedule provides for the Design and Construction Engineering services for the Jackson and Blaine
Street improvements. The required professional services will include geotechnical analysis, roadway
design, drainage design, bike trail design, environmental documentation and project management. The
project is located within the existing right -of -way and may impact right -of -way from Arbor Park Junior High
School Entrance east to the intersection of Marina Drive and Blaine Street. The project will be constructed
under traffic
Felsburg Holt & Ullevig (Consultant) shall serve as the agent for the City of Blair, the Local Public Agency
(LPA) in all matters related to environmental, preliminary and final engineering services for this project.
It is anticipated that the project will require the following major tasks:
1. Categorical Exclusion Document and supporting documentation of concurrence and
compliance with applicable environmental regulations including SHPO letter, Wetland
Determination Checklist, Wetland Review Memo, Biological Evaluation letter, 4(f) / 6(f)
Evaluation, HazMat and farmland review, and letters to nearby landowners /stakeholders.
2. Preliminary Survey
3. Roadway Design
4. Drainage Design
5. Geotechnical Analysis
6. Public Involvement
7. Storm Water Plan, SWPPP, N01
8. Right -of -Way Services
9. Construction Phase Services
10. Project management activities
B. APPLICABLE PUBLICATIONS:
Work shall be done in accordance with the most current version of the following materials:
1. LPA Guidelines Manual for Federal -Aid Projects. NDOR, April 2009.
2. The Process for Obtaining Environmental Concurrences and Completing NEPA
Documents for Local Public Agency (LPA) Federally Funded Transportation Projects.
NDOR, December 2009.
3. Instructions for Completing the Probable Class of Action DR -53 Form for Local Federal -Aid
Transportation Projects. NDOR, August 2010.
4. Guidelines for Completing the CE Documentation Form. NDOR, November 2008.
5.. Guidelines for completing the Project Description Section of NEPA Determination and CE
Forms. NDOR, May 2009.
6. Instructions to Complete Section 106 Concurrence Request Form. NDOR, December
2009.
7. Wetland and Water Resources Review Procedures for Federal Aid Projects. NDOR,
October 2010.
8. Instructions for Completing the Wetland Determination Checklist. November 2009.
9. NDOR Wetland Determination Checklist
10. US Army Corps of Engineers (USACE) Wetlands Delineation Manual, Technical Report Y-
87-1. Environmental Laboratory, Department of the Army Waterways Experiment Station,
USACE, Vicksburg, Mississippi. 1987.
Project Number: URB - 6462(1) Exhibit B
Control Number: 22507 Sheet 1 of 11
Jackson and Blaine Street Improvements, Blair
11. Interim Regional Supplement to the US Army Corps of Engineers Wetland Delineation
Manual: Midwest Region, ERDC /EL TR- 08 -27. Wetlands Regulatory Assistance Program,
US Army Engineer Research and Development Center, Vicksburg, Mississippi. 2008.
12. Interim Regional Supplement to the US Army Corps of Engineers Wetland Delineation
Manual: Great Plains Region, ERDC /EL TR- 08 -12. Wetlands Regulatory Assistance
Program, US Army Engineer Research and Development Center, Vicksburg, Mississippi.
2008,
13. Regulatory Guidance Letter No. 05 -05: Ordinary High Water Mark Identification. US Army
Corps of Engineers. 2005.
14. Cowardin et al. Classification of Wetlands and Deepwater Habitats of the United States,
FWS /OBS 79/31. Biological Services Program, Fish and Wildlife Service, US Department
of the Interior. ,1979.
15, Nebraska Wetland Subclasses (Attachment K, Wetland Mitigation Banking, Standard
Operating Procedures in Nebraska)
16. Instructions for Completing Biological Evaluation Form for Local Federal Aid Projects.
NDOR, October 2009.
17. Endangered Species Review Training Manual, NDOR, June 2010.
18. Guidelines for Completing Green Sheets for the NDOR Local Project Section. NDOR,
September 2009.
C. LPA SHALL PROVIDE:
Provide as -built or design plans of the existing and adjacent roadways (if available).
2. Any drainage studies completed in the area.
3. Electronic files of current aerial photographs (if available).
4. Existing cadastral maps, plat maps, electronic right -of -way files of the project area (if
available).
5. Provide location for and advertise for public meetings.
6. Names of known utilities, addresses and permits listing use and occupancy per
data
along the project.
7. Crash history for study corridor.
8. Most recent inspection report on Cameron Ditch arch culvert near the intersection with
Marina Drive.
D. CONSULTANT SHALL PROVIDE:
Categorical Exclusion Document and Resource Reviews The Consultant will complete
the NDOR Categorical Exclusion (CE) Documentation Form, Consultant will obtain agency
concurrences and produce supplemental information to attach to the CE Form. Figures
and resource maps will also be required to be attached to the CE Form and produced or
obtained by Consultant. The final CE Form and attachments shall be sent to NDOR for
review and approval. Consultant will address NDOR and FHWA comments and prepare
revisions to the CE Form.
1.1 Resource Review, Using the CE Document Form and guidelines, Consultant will
review relevant resources. Some resources will likely require more evaluation
then others, At a minimum, the following resources are considered to require
evaluation: hazardous materials, required right -of -way acquisition and easements
(temporary and permanent), Section 106 cultural and historic resources, Section
4(f) resources (e.g. parkland and wildlife refuges), Section 6(f) resources,
wetlands, streams, floodplain, threatened and endangered species, and farmland.
1.2 Hazardous Materials Review and Memo. Consultant will complete a Hazardous
Materials review for the project's environmental study area. to identify the presence
or likely presence of known or potential hazardous substances or petroleum
products on a property under conditions that indicate an existing release, a past
release, or a material threat of a release of any hazardous substances or
petroleum products into structures, on the property or into the ground,
groundwater, or surface water of the property.
The review will include a site visit and regulatory database search in accordance
with the requirements listed in American Society for Testing Materials (ASTM)
Project Number: URB- 6462(9) Exhibit B
Control Number: 22507 Sheet 2 of 9 9
Jackson and Blaine Street Improvements, Blair
Standard Practice for Environmental Site Assessments E 1527 -05, and NDOR
Hazardous Materials guidance. The purpose of this review will be to identify
regulated facilities within the project's environmental study area or within one
quarter mile on either side of the project. Any facilities identified during the review
will be assessed and their potential impact on the project discussed in a technical
memo. The memo will be included as an appendix to the NEPA document, with
the findings summarized in the main body of the NEPA document.
1.3 SHPO Letter A letter will be prepared for submittal to the State Historic
Preservation Office (SHPO) for Section 106 cultural resource compliance.
1.4 Farmland If there is any farmland located in the project area, Consultant will
prepare an NRCS Farmland Conversion Form AD -1006 and perform coordination
with NRCS.
1.5 Wetland Determination For this project, it is assumed that wetlands occur in the
project vicinity, but can be avoided in the project design and construction.
Therefore, this scope includes conducting a Preliminary Wetland Determination
only. If a full delineation or 404 permit/401 certification is required, these services
would require a contract amendment.
Preliminary Determination shall mean identifying potential wetlands and other
waters of the US with field observations documented using the Routine Wetland
Determination Data Forms (from the 1987 US Army Corps of Engineers Wetland
Delineation Manual); however, no soil sampling will be necessary. Wetland
information shall include Cowardin classification (including water regime) and
Nebraska Wetland Subclass. Stream channel information shall include general
steam channel type (ephemeral, intermittent, perennial) and estimates of width.
Locations and estimated boundaries of wetlands and waters shall be recorded on
an aerial photograph. Additional figures and ground level photographs shall be
provided as necessary to characterize the wetlands.
Review Existinq Resources / Databases Consultant will review existing resources
and prepare the Wetland Determination Checklist prior to the site visit.
Field Survey Consultant will visit the project site after 1 May to preliminarily
determine if waters of the United States (waters of the US), including wetlands, are
present within the proposed project limits of construction (LOC). Identified stream
channels and/or wetlands shall be conservatively estimated and plotted on aerial
photographs for assessment of fill or disturbance impacts resulting from
construction of the project.
The Preliminary Determination shall be provided for the area 150 feet outside of
the LOCs or ROW, whichever is farthest from the centerline. At a minimum, a
Preliminary Determination shall be performed for any area that likely would be
used for construction access, staging, stockpiling, or waste disposal (e.g.
interchange /intersection areas, culvert and bridge construction sites, etc.).
Documentation of Findings Documentation of findings will be provided in a memo
to NDOR. Consultant will plot the data on aerial photographs with the roadway
alignment and stationing. Data will include wetland boundaries, wetland types,
waters of the US (OHWM) and location of data collection points and photographs.
Map scale must be drawn to a scale no smaller than 1 -inch = 200 -feet.
1.6 Threatened and Endangered Species Review. Consultant will prepare the
Biological Evaluation letter, including project description, habitat impacts, activity
checklist, and preliminary wetland determination memo.
1.7 Section 4(f) / 6(f ) Evaluation Consultant will determine if adjacent 4(f) properties
such as public parks, recreation areas, and wildlife /waterfowl refuges, or historic
sites of local, state or national significance are impacted by the project alignment.
Project Number: URB- 6462(1) Exhibit B
Control Number. 22507 Sheet 3 of 11
Jackson and Blaine Street Improvements, Blair
Consultant will also determine if any adjacent property was developed under
Section 6(f) of the Land and Water Conservation Fund Act.
If the situation can be handled as an exemption or de minimis determination, the
City will prepare the NDOR Determination of Section 4(f) of 6(f) De Minimis Use
Form and concurrence letter. If the project requires preparation of a Section 4(f)
Statement or additional Section 6(f) document, these services would, require a
contract amendment.
1.8 Documentation and Revisions Consultant will complete the CE Documentation
Form, including Project Description, Purpose and Need Statement, project maps,
and other supplemental information such as resource agency correspondence.
Consultant will submit the CE Documentation Form and attachments to NDOR for
review and approval. Consultant will address NDOR and FHWA comments and
prepare revisions to the CE Documentation Form. Consultant will prepare the
Green Sheet for the project.
1.9 Other Consultant will conduct a field /site visit and will attend one progress
meeting. All public outreach required for this project will be completed by the City.
Topographic Survey The topographic survey will be completed for the project corridor in
accordance with current NDOR survey specifications.
2.1 Survey Limits. The consultant will collect topographic survey data within the
following limits:
® 75 feet (25 feet south and 50 feet north) along existing Jackson and Blaine
Street centerline from approximately 1000 feet west of N. 3rd Street to and
including the Marina Drive intersection. Include driveways on north side of
Jackson and Blaine to their garage up to maximum distance of 75' from
Centerline.
® Additional 25 foot area behind the existing guardrail near 3rd Street.
® Additional 50 foot area on north side of the road for property with skewed
driveway between 2nd Street and River Road.
® Additional 25 foot area on north side of the road along the field immediately
west of Cameron Ditch.
® Complete survey of the Arch Culvert Pipe on Cameron Ditch.
• Three (3) hydraulic sections.
• Channel sections 75 feet upstream and 50 downstream.
Ditches and culverts will be identified and surveyed along their flow lines.
2.2 Base Map Preparation. Consultant will create the base maps using the
topographic survey data following NDOR drafting guidelines.
2.3 Horizontal and Vertical Control. The consultant will establish control points along
the project corridor at regular intervals and provide control point ties to topographic
features of permanent nature.
Horizontal control points will be established and referenced to existing section
corners and lot pins. The control points will be permanent in nature and tied
to Nebraska State Plane Coordinate system.
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 600 feet.
2.4 Section Corners and Property Pins- The consultant will research survey records
and locate necessary section corners, quarter- section corners, and property
corners for use in drafting existing right -of -way and property lines.
Project Number: URB- 6462(1) Exhibit B
Control Number: 22507 Sheet 4 of 11
Jackson and Blaine Street Improvements, Blair
2.5 Existing_ Utilities The consultant will call in a One -Call utility locate ticket. Utilities
will be shown based on visible, above ground, evidence in the field and utility
locator's markings.
Preliminary Engineering. This task includes completing the preliminary design for the
project. As defined in Chapter 6.4 in the LPA Guidelines "Preliminary Design is the
amount of design work necessary to acceptably complete the environmental document"
and is typically-considered 30 -50% plans.
3.1 Data Collection and Review For gathering, reviewing and organizing data for the
project.
12 Note Reduction /Preliminary Plotting This task will include the effort for gathering
data to create the existing topography file to use for preliminary design.
3.3 Roadway Horizontal Alignment This task includes the design and drafting of the
horizontal alignment(s) and/or adjustment of alignment(s) for Jackson and Blaine
Streets, 3rd, 2nd, and Arthur Streets, Riverview and Marina Drives. The alignments
are necessary to define the placement and location of the new curb and gutter,
storm sewer, and the proposed trail.
3.4 Trail Vertical Alignment This task includes the design and drafting of the vertical
alignment for the proposed trail along the north side of Jackson and Blaine
Streets.
3.5 Template Roadway Cross - Sections Develop the templates necessary to process
cross sections on Jackson and Blaine Streets. The cross sections will show the
existing ground and proposed curb and gutter and trail. The cross sections are
necessary to be able to determine the grading limits and calculate earthwork.
3.6 Earthwork. Process the earthwork for each alignment, including any extra
earthwork due to driveways and any other cause for earthwork. The earthwork for
the proposed trail will be included in this task.
3.7 Roadway Geometric Design This task includes the geometric design of all
roadway alignments, intersections, driveways, trail, etc., which includes setting up
all the geometric sheets for the project and labeling. Labeling the geometric points
with Station and Offsets will not be completed in this phase.
3.8 Drainage Design This task includes the preparation of a drainage map outlining
all drainage areas and completion of the following for each area:
3.8.1 Compute area size and Q.
3.8.2 Determine allowable H.W.
3.8.3 Size culvert and compute H.W.
3.8.4 Using design cross sections, determine rough length of culvert.
3.8.5 For each culvert, show the Station, D.A., Q, H.W., Size and
Length.
3.8.6 Provide concept information on no more than 3 options for the
trail crossing of Cameron Ditch.
3.9 Storm Sewer Design This task includes the effort to complete the preliminary
storm sewer design and draft the appropriate storm sewer plan data on the
Construction sheets and storm sewer profiles on the Plan and Profile sheets
respectively. The consultant will follow NDOR's Drainage Design & Erosion
Control Manual.
3.10 Street Lightinq Design This task will be completed by OPPD.
3.11 Construction and Removal Development of separate Removal plan sheets and
Construction plan sheets with appropriate notes detailing construction and removal
items not specifically identified elsewhere in the this scope.
Project Number. URB- 6462(1) Exhibit B
Control Number-22507 Sheet 5 of 11
Jackson and Blaine Street Improvements, Blair
3.12 Limits of Construction. The Consultant will define and draft the limits of
construction on the plan sheets. These limits will be used to determine
environmental impacts.
3.13 Utility Coordination / Verification. The Consultant will draft utilities on the plans
that weren't included in the preliminary plotting and for limited coordination with the
utilities to verify the location and type of utility. If necessary, the Consultant will
coordinate and schedule a Utilities meeting to identify and work through potential
conflicts identified in the preliminary plans.
3.14 Construction Phasing. The Consultant will refer to NDOR's standard construction
phasing and barricading sheets. A preliminary Construction Phasing concept will
be created for the PIH meeting.
3.15 Aerial / Wetland Plan, The Consultant will prepare aerial photo sheets showing
any delineated wetlands, impacted wetlands and /or channels, and mitigation sites,
if applicable.
3.16 Quantities /Estimates. Develop and tabulate all of the preliminary quantities.
Quantities will be submitted to NDOR for each submittal, including the Plan -in-
Hand and Functional Plans, using NDOR standard bid items and NDOR quantities
forms. Estimates of probable cost will be prepared by NDOR.
3.17 Typical Sections This includes design and drafting the typical sections for
Jackson and Blaine Streets, including the trail.
3.18 Plan -In -Hand Meeting /Report. Schedule and attend a plan -in -hand meeting with
the key stakeholders to review the thirty (30) percent roadway design plans. The
Consultant will prepare and submit a plan -in -hand report within two (2) weeks of
the meeting summarizing the findings and decisions made regarding the project
design.
3.19 Right -of -Way Design The following tasks will be completed to establish the
existing Right -of -Way and to Design the proposed Right -of -Way.
3.19.1 Existing Right -of -Way base This task involves collecting the Plat
drawings, completing title search, 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.
3.19.2 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 five (5) tracts
associated with this project.
3.19.3 Right -of -Way Strip Map 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 associated with this project.
Preliminary right -of -way ownerships, easements and takings will also be
tabulated and shown on the sheets.
3.19.4 Right -of -Way Tract Drawings & Legal Descriptions The
Consultant will prepare individual right -of -way Tract Drawings and Legal
Descriptions for each easement (temporary or permanent) and right -of-
way required to construct the project, up to five (5) tracts. The sheets will
include existing property lines and all proposed right -of -way associated
with this project. Preliminary right -of -way ownerships, easements and
takings will also be tabulated and shown on the sheets.
Final Design. This task covers the preparation of the final design for the project.
Project Number. URB- 6462(9) Exhibit B
Control Number. 22507 Sheet 6 of 99
Jackson and Blaine Street Improvements, Blair
4.1 Roadway Horizontal Alignment This task includes finalizing the design and
drafting of the horizontal alignment(s) and/or adjustment of alignment(s) for
Jackson and Blaine Streets, 3rd, 2nd, and Arthur Streets, Riverview and Marina
Drives. The alignments are necessary to define the placement and location of the
new curb and gutter, storm sewer, and the proposed trail.
4.2 . Trail Vertical Alignment This task includes finalizing the design and drafting of the
vertical alignment for the proposed trail along the north side of Jackson and Blaine
Streets.
4.3 Template Roadway Cross - Sections Finalize the templates necessary to process
final cross sections on Jackson and Blaine Streets. The cross sections will show
the existing ground and proposed curb and gutter and trail. The cross sections are
necessary to be able to determine the grading limits and calculate earthwork.
4.4 Earthwork. Process the final earthwork for each alignment, including any extra
earthwork due to driveways and any other cause for earthwork. The earthwork for
the proposed trail will be included in this task. The earthwork for the proposed trail
will be included in this task.
4.5 Roadway Geometric Design This task includes the final geometric design of all
intersections, driveways, trail, etc., which includes labeling the geometric points
with Station and Offsets.
4.6 Storm Sewer Design This task includes the effort to complete the final storm
sewer design and draft the appropriate storm sewer plan data on the Construction
sheets and storm sewer profiles on the Plan and Profile sheets respectively. The
consultant will follow NDOR's Drainage Design & Erosion Control Manual.
47 Street Lighting Design This task will be completed by OPPD.
4.8 Construction and Removal Finalize the Removal plan sheets and Construction
plan sheets with appropriate notes detailing construction and removal items not
specifically identified elsewhere in this scope.
4.9 Limits of Construction. The Consultant will further refine and draft the limits of
construction on the plan sheets.
4.10 Utility Coordination / Verification. This task includes final coordination of the
design with affected utilities and making,revisions based upon the utility review
comments and meetings.
4.11 Construction Phasing. The Consultant will finalize construction phasing concept
and will include written notes defining the construction sequencing. NDOR
standard plans for construction phasing and barricading will be utilized'for this
project.
4.12 Quantities /Estimates. Develop and tabulate all of the final quantities. Quantities
will be submitted to NDOR with PS &E plans on standard NDOR quantities forms.
Estimates of probable cost will be prepared by NDOR.
4.13 Typical Sections This includes finalizing the design and drafting the typical
sections for Jackson and Blaine Streets, including the trail.
4.14 Striping and Signing. The Consultant will design and draft the permanent striping
and signing onto the appropriate plan sheets.
4.15 Special Provisions. This includes preparing any special provisions needed to
support the standard specifications.
4.16 Erosion Control. The Consultant shall design and draft erosion control items on
the Construction Plan Sheets.
Project Number: URB- 6462(1) Exhibit B
Control Number. 22507 Sheet 7 of 11
Jackson and Blaine Street Improvements, Blair
4.17 Other. (Additional project specific tasks maybe added here).
5. Geotechnical Analysis The Consultant shall conduct geotechnical exploration through the
advancement of soil borings, testing of samples in the field and in the laboratory, and
analyses of the soil conditions encountered to determine recommendations for
roadway /trail subgrade preparation and pavement design.
Soil will be tested at up to six (6) locations through sample borings to an average depth of
10 feet. Borings will be located within the project limits along both sides of the existing
roadway in a staggered pattern. Three to four of the borings will also include coring the
existing pavement to acquire pavement thickness.
Other geotechnical task items are as follows:
5.1 Project Preparation
5.1.1 Prior to drilling the soil borings, locations will be staked by Consultant
personnel.
5.1.2 Area underground utility service representatives will be contacted through
the Diggers Hotline system to mark area public utilities in order to remove
conflicts between drilling and utilities in accordance with State law.
5.1.3 Site characteristics will also be noted and the boring location adjusted to
fit the site characteristics.
5.2 Soil Borings
5.2.1 Soil sample boring will be done using a truck - mounted drilling and
sampling rig. Consultant will obtain soil samples at intervals of 2.5 feet or
less within the upper 5 feet and at intervals of 5 feet or less for the
remaining depth of borings.
5.2.2 Undisturbed samples of cohesive soil will be obtained using a thin - walled
sampler tube in accordance with ASTM D1587, Standard Method for Thin -
Walled Tube Sampling of Soils, using an open -tube (Shelby Tube)
sampler having an outside diameter of 3.0 inches.
5.2.3 If encountered, sand or other granular soils will be retrieved with a split -
barrel sampler. Standard Penetration Test (SPT) measurements will be
made during the retrieval of each split - barrel sample in accordance with
ASTM D1586, Standard Method for Penetration Test and Split- Barrel
Sampling of Soils to determine the relative density of the granular
materials.
5.2.4 Field logs of the soil types and characteristics encountered at the boring
location will be recorded in the field.
5.2.5 Groundwater levels, if encountered within the boring depths, will be
recorded at the time of drilling and after 24 hours, if possible.
5:2.6 The borings will be filled. Extra soil will be removed from the drill
locations.
53 Field Log Recording the following
5.3.1 , Thicknesses of existing fill or other disturbed soil layers will be recorded
on the boring logs in the field, where encountered.
5.3.2 Approximate locations of changes in soil type with depth.
53.3 Groundwater levels when encountered during drilling.
5.3.4 Identification of the subsurface materials described in accordance with
ASTM D2488, Standard Practice for Description and Identification of Soils
(Visual - Manual Procedure). .
5.3.5 And other site conditions that may affect the engineering
recommendations.
5.4 Laboratory Testing of Recovered Samples —
Project Number: URB- 6462(9) Exhibit B
Control Number, 22507 Sheet 8 of 9 9
Jackson and Blaine Street Improvements, Blair
5.4.1 Measurements of in -place moisture content, density, shear strength,
unconfined compressive strength, and soil classification will be conducted
on selected clayey samples. Moisture content of selected sand samples
will be measured.
5.4.2 Laboratory tests will be completed in accordance with ASTM procedures.
5.5 Analysis of the Test Data -
5.5.1 Potential effects of the area groundwater-level.
5.6 Report containing the following
5.6.1 Description of site soil conditions.
5.6.2 Analysis of soil to ascertain presence of potentially expansive soils.
5.6.3 Analyses of consolidation potential and recommendations for minimizing
consolidation after construction.
5.6.4 Recommended types of fill and backfill soil materials and compaction
requirements for support of structures and pavements.
5.6.5 Remedial site subsoil repair actions in the case that weak or otherwise
unsuitable soils are found, if necessary.
5.6.6 Evaluation of soil or other materials requiring excavation or replacement
and methods of removal.
5.6.7 Erosion control recommendations.
6. Proiect Management and QC.
6.1 Proiect 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 and monthly
progress reports; prepare project correspondence with the NDOR; and maintain
project records.
6.2 Quality Assurance /Quality Control The Consultant will perform QA /QC checks at
various stages of the study including prior to any official submittal.
6.3 Final Deliverables Consultant will prepare final deliverables and submit to NDOR
the electronic files and hard copies of all materials.
6.4 Other (Additional project specific tasks may be added here).
7. Project Meetings
7.1 Progress Meetings Project staff will meet with the City and Blair for three (3)
progress meetings, and prepare minutes of the meetings. Meetings will be held in
Blair.
7.2 Public Information Meeting A Public Information Meeting is not anticipated for this
project. However the Consultant will plan on attending one (1) City Council
meeting to present the project and /or answer project specific questions.
8. Construction Phase Services
Construction Phase Services to be negotiated as a supplement to the scope of
services and engineering agreement will be made after final design is completed for
the project. Construction engineering to be completed by the Consultant includes
inspection of all materials used to insure that they meet the minimum specifications.
Specific services shall include but not be limited to the following:
8.1 Pre - construction meeting.
Project Number, URB- 6462(1) Exhibit B
Control Number: 22507 Sheet 9 of 11
Jackson and Blaine Street Improvements, Blair
8.2 Progress Meetings.
8.3 Construction Inspection.
8.4 Material sampling and testing.
8.5 Environmental compliance (SWPPP & Green Sheets).
8.6 As -built plans.
8.7 Shop drawing review.
8.8 Traffic control plan.
8.9 Construction staking.
8.10 Project closeout.
8.11 Provide all required information to NDOR through the Site Manager Program.
9. Right -of -Way Services
Right -of -Way Services to be negotiated as a supplement to the scope of services
and engineering agreement will be made after approval of the CE document for the
project. Specific services shall include but not be limited to the following:
9.1 Title Searches to be completed by the Consultant.
9.2 Plats and Legal Descriptions to be identified for R.O.W. design
9.3 The following additional R.O.W. Services will be completed under the
assumption of needing to acquire R.O.W. for five (5) tracts:
93.1 Appraisals
9.3.2 Review Appraisals
9.3.3 Acquisition Negotiations
9,3.4 Coordinate with Appraisers, Title Company and Negotiators
9.3.5 - NDOR Audit Compliance
E. DELIVERABLES:
1.
Monthly Invoices and Progress Reports
2.
Meeting Minutes
3,
Categorical Exclusion Document and supporting documentation
4.
Hazardous Materials Technical Report
5.
Concurrence request letter to SHPO
6.
4(t) De Minimig Determination letter and form, if needed
7.
NDOR Wetland Delineation Checklist
8.
Preliminary Wetland Determination Memo of Findings
9.
Biological Evaluation Letter
10,
Storm Water Plan, SWPPP, and N01
11.
Agency concurrence letters
12.
Public Information Meeting Exhibits and Fact Sheet
13.
Responses to Public Comments
14.
Final Engineering Design Plans, Specifications, and estimates to meet NDOR
requirements
F. PROJECT INFORMATION FORMAT
1. Consultant will follow the State's CADD drafting procedures and guidelines in preparing
plans and the wetland delineations.
G. SCHEDULE
Project Number: URB- 6462(1) Exhibit B
Control Number: 22507 Sheet 10 of 11
Jackson and Blaine Street Improvements, Blair
I . Notice to Proceed: May 1, 2012
2. 30% Plan -in -Hand review:' August 18, 2012
3. Consultant Evaluation to be completed by the City.
4. Completion Date for NEPA Materials: October 15, 2012
5. PS &E: November 21, 2012
6. Consultant Evaluation to be completed by the City.
7. Project Letting: Spring 2013
Project Number. URB- 6462(1) Exhibit B
Control Number. 22507 Sheet 11 of 11
Jackson and Blaine Street Improvements, Blair
Consultant •
Project Name: Jackson and Blaine Street Improvements
PERSONNEL CLASSIFICATIONS **
Project Number: URB- 6462(1)
For Engineering Services:
Control Number: 22507
® FELSBU RG
Location (City, County): Blair, Washington County
Firm Name: Felsburg Holt & 011evig
H O L T &
Consultant Project Manager: Matt McFadden
U L L E V I G
Phone /Email: 402 - 445 -4405 / matt.mcfadden @fhueng.com
LPA Responsible Charge: Allen Schoemaker
Phone /Email: (402) 426-41911 ars @ci.blair.ne.us
4
NDOR Project Coordinator: Jason Freidrichs
Phone /Email: (402) 479 -3650 /jason.freidrichs @nebraska.gov
4
Date: February 22, 2012
TASKS
PERSONNEL CLASSIFICATIONS **
PR SENV ENV ISENG1 ENG SDES DES ADM SUR I UD1 I Total
For Engineering Services:
1. Categorical Exclusion Document and Resource Reviews
1.1 Resource Review
4
4
1.2 Hazardous Materials Review and Memo
4
4
1.3 SHPO Letter
2
2
1.4 Farmland
2
2
1.5 Wetland Determination
14
5
1.6 Threatened and Endangered Species Review
2
2
1.7 Section 4 / 6 Evaluation
2
2
1.8 Documentation and Revisions
4 1
12
16
1.9 Other - Meetings
4
12
16
2. Topographic Survey JEO
2.1 Survey Limits
2.2 Base Map Preparation
2.3 Horizontal and Vertical Control
2.4 Section Comers and Property Pins
2.5 Existing Utilities
3. Preliminary Engineerin
3.1 Data Collection and Review
2
4
4 1
10
3.2 Note Reduction/Preliminary Plotting
4
4
3.3 Roadway Horizontal Alignment
4
4
8
3.4 Roadway Vertical Alignment
4
4
8
3.5 Template Roadway Cross- Sections
2
14
4
20
3.6 Earthwork
8
8
3.7 Roadway Geometric Design
12
40
52
3.8 Drainage Design
3.8.1 Compute area size and Q.
8
8
3.8.2 Determine allowable H.W.
3.8.3 Size culvert and compute H.W.
3.8.4 Using design cross sections, determine length of culvert.
3.8.5 For each culvert, show the Station, D.A., Q, H.W.,and Size
M24
3.9 Storm Sewer Design
16
16
3.10 Street Lighting Design
3.11 Construction and Removal
8
16
3.12 Limits of Construction
4
8
12
3.13 Utility Coordination / Verification
2
2
4
3.14 Construction Phasing
4
4
8
3.15 Aerial / Wetland Plan
4
4
3.16 Quantities /Estimates
8
4
12
3.17 Typical Sections
2
2
4
3.18 Plan -In -Hand Meeting/Report
4
8
12
3.19 Right-of-Way Design
3.19.1 Existing Right-of-Way base
8
8
3.19.2 Proposed Right-of-Way
8
4
12
3.19.3 Right-of-Way Stri2
4
8
12
3.19.4 Right-of-Way Tract Drawings & Legal Descriptions
4
4
8
Consultant Independent Cost Estimate
Estimate of Hours
Page 1 of 6
Exhibit "B"
Project Name: Jackson and Blaine Street Improvements
PERSONNEL CLASSIFICATIONS **
Project Number: URB- 6462(1)
For Engineering Services:
Control Number: 22507
®EELS BU RG
Location (City, County): Blair, Washington County
1
Firm Name: Felsburg Holt & Ulievig
H O L T &
Consultant Project Manager: Matt McFadden
U L L E V I G
Phone /Email: 402- 445 -4405 / matt.mcfadden @fhueng.com
LPA Responsible Charge: Allen Schoemaker
Phone /Email: (402) 426 -4191 / ars @ci.blair.ne.us
8
NDOR Project Coordinator: Jason Freidrichs
Phone /Email: (402) 479 -3650 /jason.freidrichs @nebraska.gov
Date: February 22, 2012
2
TASKS
PERSONNEL CLASSIFICATIONS **
PR SENV ENV SENGJ ENG JSDES DES ADM SJRC1 SUR I UD1 Total
For Engineering Services:
4. Final Design
4.1 Roadway Horizontal Alignment
1
1
4 1
4
8
4.2 Trail Vertical Alignment
2
2
4
4.3 Template Roadway Cross - Sections
4
4
4.4 Earthwork
6
6
4.5 Roadway Geometric Design
8
8
16
4.6 Storm Sewer Design
10
10
20
4.7 Street Ughting Lighting Design (By OPPD
4.8 Construction and Removal
8
8
16
4.9 Limits of Construction
4
4
4.10 Utility Coordination / Verification
2
2
4.11 Construction Phasing
4
4
4.12 Quantities /Estimates
2
3
3
8
4.13 Typical Sections
2
2
4
4.14 Striping and Signing
2
2
4
4.15 Special Provisions
12
12
4.16 Erosion Control
4
4
8
4.17 Other
5. Geotechnical Analysis Thiele Geotech
5.1 Project Preparation
5.2 Soil Borings
5.3 Field Log Recording the following
5.4 Laboratory Testing of Recovered Samples
5.5 Analysis of the Test Data
5.6 Report
6. Project Management and QC
6.1 Project Management
6.2 Quality Assurance /Quality Control
6.3 Final Deliverables
5
20
20
1
8
1
1
25
20
8
6.4 Other
7.' Project Meetings
7.1 Progress Meetings
9
9
18
7.2 Public Information Meeting
4
4
8
7.3 Other
8. Construction Phase Services
9. Right-of-Way Services
Total Hours
Total Days (8 hrs)
5
1 0.61
9
1.1
44
1 5.51
77
9.6
206 161
25.81 22.6
522
65.3
CLASSIFICATIONS *:
PR = Principal SENG = Associate/ Senior Engineer SURC = Survey Crew Chief
SENV = Senior Environmental Scientist ENG = Engineer SUR = Survey Crew
ENV = Environmental Scientist SDES = Senior Designer/Technician UD1 = User Defined 1
ADM = Administrative DES = Designer /Technician
*For Project Manager, use one of the technical classifications
** For User - Defined Classifications, you will need to edit the Classifications Legend located above. To enter a new classification, replace "UD1 "with its abbreviation (ex.
GRA) and replace "User Defined 1" with the corresponding title (ex. Graphic Artist). Once the user - definitions are added, they will self - populate the Estimate of Hours
table, as well as the remaining sheets.
Consultant Independent Cost Estimate
Estimate of Hours
Page 2 of 6
Exhibit "B"
NEPA CE, Preliminary and Final Engineering
Labor Rates
Project Name: Jackson and Blaine Street Improvements
Hours
Project Number: URB- 6462(1)
Amount
Control Number: 22507
Title
Location (City, County): Blair, Washington County
SENV =
Firm Name: Felsburg Holt & Ullevig
® FE LS BU RG
Consultant Project Manager: Matt McFadden
H O L T &
Phone /Email: 402 -445 -4405 / matt.mcfadden @fhueng.com
LPA Responsible Charge: Allen Schoemaker
U L L E U I G
Phone/Email: (402) 426 -4191 /ars @cLblair.ne.us
$445.50
NDOR Project Coordinator: Jason Freiddchs
Environmental Scientist
Phone/Email: (402) 479 -3650 /jason.freiddchs @nebraska.gov
$24.64
Date: February 22, 2012
SENG
Labor Costs:
Hours
Blended Rate
Amount
Code lClassification
Title
PR lPrincipal
SENV =
5
$67.50
$337.50
SENV
Senior Environmental Scientist
9
$49.50
$445.50
ENV
Environmental Scientist
44
$24.64
$1,084.16
SENG
Associate/ Senior Engineer
77
$54.75
$4,215.75
ENG
SIDES
Engineer
Senior Designer/Technician
206
181
$27.70
$36.40
$5,706.20
$6,588.40
DES
Desi nerifechnician
Environmental Scientist 2
$24.52
25.0%
M
Administrative
$22.12
$28.75
URC
Surve Crew Chief
$24.64 -'
Associate/ Senior Engineer
Matt McFadden
Associate / Project Manager
R
r
Surve Crew
Blended Rate:
D1 User Defined 1 TALS
522
Engineer 2
$18,377.5F
Input d(;Wdl eruPiuydd Wda01 -01v11 au ..y
' Total of %Assigned" must equal 100% foreach personnel classification category. If one person in classification, list them as 100% for "%
Assigned ".
Consultant Independent Cost Estimate
Labor Rates
Page 3 of 6
Exhibit "B"
Overhead Rate: 155.48%
Fixed Fee: 13.40%
CLASSIFICATIONS:
PR = Principal
SENG = Associate/ Senior Engineer
SURC = Survey Crew Chief
SENV =
Senior Environmental Scientist
ENG = Engineer
SUR = Survey Crew
ENV =
Environmental Scientist
SDES = Senior Designer/Technician
UD1 =User Defined 1
ADM =
Administrative
DES = Designerrfechnician
$49.50
Input d(;Wdl eruPiuydd Wda01 -01v11 au ..y
' Total of %Assigned" must equal 100% foreach personnel classification category. If one person in classification, list them as 100% for "%
Assigned ".
Consultant Independent Cost Estimate
Labor Rates
Page 3 of 6
Exhibit "B"
STAFFING PLAN
EMPLOYEE NAME
CLASSIFICATION'
SALARY
RATE
%ASSIGNED'
Principal
Kyle Anderson
Principal
$67.50
100.0 °k
Blended Rate:
$67.50
Senior Environmental Scientist
Associate
$49.50
100.0%
Amy Zlotsky
Blended Rate: :
$49.50
Environmental Scientist
Allison Sambol
Environmental Scientist 2
$25.96
50.0%
Jenni Tews
Environmental Scientist 2
$24.52
25.0%
Adam Behmer
Environmental Scientist 2
$22.12
25.0%.
Blended Rate:
$24.64 -'
Associate/ Senior Engineer
Matt McFadden
Associate / Project Manager
$54.75
10000%
Blended Rate:
$54.75
Engineer
Josh Palik
Engineer 2
$28.85
80.0 °h
Adam Denney
Engineer 1 -
$2108
20.0%
Blended Rate:
$27.70
Senior Designer/Technician
Brian Moffat
Sr. Designer (CAD)
$36.40
100.0%
Blended Rate: -
$36.40
Designer /Technician
Blended Rate:
Administrative
Stephanie Weiss
Administrative
$28.75
100.0%
Blended Rate:
S28.75
Survey Crew Chief
Blende Rate:
Survey Crew
Blended Rate:
User Defined 1
Blended Rate:
Input d(;Wdl eruPiuydd Wda01 -01v11 au ..y
' Total of %Assigned" must equal 100% foreach personnel classification category. If one person in classification, list them as 100% for "%
Assigned ".
Consultant Independent Cost Estimate
Labor Rates
Page 3 of 6
Exhibit "B"
AEPA CE, Preliminary and Final, • •!
Direct Expenses
Project Name: Jackson and Blaine Street Improvements
Quantity
Project Number: URB- 6462(1)
Amount -
Control Number: 22507
1000
Location (City, County): Blair, Washington County
$80.00
Firm Name: Feisburg Holt & Ullevig
FELS BU RG
Consultant Project Manager: Matt McFadden
$19.00
Phone /Email: 402- 445 -4405 / matt.mcfadden @fhueng.com
H O L T CSL
LPA Responsible Charge: Allen Schoemaker
U L L E V I G
Phone /Email: (402) 4264191 / ars @ci.blair.ne.us
200
NDOR Project Coordinator: Jason Freidrichs
$300.00
Phone /Email: (402) 479 -3650 Jjason.freidrichs @nebraska.gov
$120.01
Date: February 22, 2012
Air fare
ibconsultants: Quantity Unit Cost Amount
:O Consulting Group, Inc 1 $8,395.67 $8,395.6
riele Geotech 1 $3,300.00 $3,300.0
Subtotal $11,695.6
Mileage/Travel:
3 trips to Blair 46mi /tri $0.555/mi
1 trip to Blair for PIH 46mi /tri $0.555/mi
Quantity
Unit Cost
Amount -
Printing and Reproduction:
1000
$0.08
$80.00
1,000 black & white zerox copies $0.08 /sheet
100
$0.19
$19.00
200 color zerox copies $0.19 1sheet
500
$0.08
$40.00
50 Sheets- Half Size 11x17 Plan Sets Plotted 10 times $0.08 /sheet
200
$1.50
$300.00
50 Sheets- Full Size 24x36 Plan Sets Plotted 4 times $1.50/ lot
$120.01
Actual reasonable cost
Air fare
TOTAL DIRECT EXPENSES
$12,357.72
Actual cost, (excluding taxes & fees), not to exceed federal GSA reimbursement guidelines,
Lodging
not to exceed $77 per person daily statewide; not to exceed $104 in Omaha /Douglas County.
Subtotal
$439.00
Mileage/Travel:
3 trips to Blair 46mi /tri $0.555/mi
1 trip to Blair for PIH 46mi /tri $0.555/mi
Quantity
138
46
Unit Cost
$0.56
$0.56
Amount -
$77.28
$25.76
Rate
Prevailing standard rate as established by the IRS, currently $0.51 /mi
Company Automobile
Prevailing standard rate as established by the IRS, currently $0.535 /mi
Survey Vehicle
Black and White Copies
Actual reasonable cost
Color Copies
Subtotal
Miscellaneous Postage, Mailing, Deliveries Etc.
Subictall
$103.04
Lodging /Meals:
none
Quantity
Unit Cost
Amount
Rate
Prevailing standard rate as established by the IRS, currently $0.51 /mi
Company Automobile
Prevailing standard rate as established by the IRS, currently $0.535 /mi
Survey Vehicle
Black and White Copies
Actual reasonable cost
Color Copies
Subtotal
Miscellaneous Postage, Mailing, Deliveries Etc.
Other Miscellaneous Costs:
Miscellaneous Postage, Mailing, Deliveries Etc.
Quantity
1
I Unit Cost
$120.01
Amount
$120.01
Subtotal
$120.01
Actual reasonable cost
Air fare
TOTAL DIRECT EXPENSES
$12,357.72
2011 Standard Rates
Type
Rate
Prevailing standard rate as established by the IRS, currently $0.51 /mi
Company Automobile
Prevailing standard rate as established by the IRS, currently $0.535 /mi
Survey Vehicle
Black and White Copies
Actual reasonable cost
Color Copies
Actual reasonable cost
Miscellaneous Postage, Mailing, Deliveries Etc.
Actual reasonable cost
Equipment
Actual reasonable cost
Actual reimbursement amount to employee, not to exceed rates for company vehicles outlined above
Privately Owned Vehicle
Automobile Rental
Actual reasonable cost
Air fare
Actual reasonable cost, giving the State all discounts
Actual cost, (excluding taxes & fees), not to exceed federal GSA reimbursement guidelines,
Lodging
not to exceed $77 per person daily statewide; not to exceed $104 in Omaha /Douglas County.
Meals
Actual cost, not to exceed federal GSA reimbursement guidelines, currently:
Statewide Omaha /Douglas County
Breakfast
$7.00 $10.00
Lunch
$11.00 $15.00
Dinner
$23.00 $31.00
Incidentals
$5.00 $5.00
Totals
$46.00 $61.00
Consultant Independent Cost Estimate Page 4 of 6
Direct Expenses
Exhibit "B"
EPA CE, Preliminary • En g i neer i nj ,
P roject
Project Name: Jackson and Blaine Street Improvements
Hours
Project Number: URB- 6462(1)
Amount
Control Number: 22507
Principal
Location (City, County): Blair, Washington County
$67.50
Firm Name: Felsburg Holt & Ullevig
� FE LS BU RG
Consultant Project Manager: Matt McFadden
H U L T &
Phone /Email: 402 - 44544051 matt.mcfadden @fhueng.com
Associate/ Senior Engineer
LPA Responsible Charge: Alien Schoemaker
U L L E V I G
Phone /Email: (402) 426 -4191 / ars @ci.;lair.ne.us
Engineer
NDOR Project Coordinator. Jason Freidrichs .
$27.70
Phone /Email: (402) 479 -3650 / jason.freidrichs @nebraska.gov
Senior Designer/Technician
Date: February 22, 2012
$36.40
Direct Labor Costs:
Hours
Rate
Amount
Personnel Classification
Principal
5
$67.50
$337.50
Senior Environmental Scientist
Environmental Scientist
9
44
$49.50
$24.64
$445.50
$1,084.16
Associate/ Senior Engineer
77
$54.75
$4,215.75
Engineer
206
$27.70
$5,706.20
Senior Designer/Technician
181
$36.40
$6 588.40
De signer/Technician
Administrative
$28'75
Survey Crew Chief
Survey Crew
User Defined 1
TOTALS
522
$18,377.51
Consultant Independent Cost Estimate
Page 5 of 6
Project Cost
Exhibit "B"
Amount
Direct Expenses:
Subconsultants
$11
Printing and Reproduction Costs
439
$439.00
$
Mileage/Travel
$103.04
Lodging/ Meals
$46,950.86
Other Miscellaneous Costs
$120.01
Direct Expenses
$12,357.72
$12,357.72
TOTALS
$65,600.00
Consultant Independent Cost Estimate
Page 5 of 6
Project Cost
Exhibit "B"
Amount
Total Project Costs:
Direct Labor Costs
$18,377.51
Overhead 155.48%
$28,573.35
Total Labor Costs
$46,950.86
Fixed Fee 13.40%
$6,291.42
Direct Expenses
$12,357.72
$65,600.00
PROJECT COST
Consultant Independent Cost Estimate
Page 5 of 6
Project Cost
Exhibit "B"
NEPA CE, Preliminary nd Final �' En i l
i b
Project Name: Jackson and Blaine Street Improvements
Total Hours
Project Number: URB- 6462(1)
Overhead
155.48%
Control Number: 22507
Total -
Project Cost
Location (City, County): Blair, Washington County
1. Categorical Exclusion Document and Resource Reviews
Firm Name: Feisburg Holt & Ullevig
$1,529.66
Consultant Project Manager: Matt McFadden
7
FEL -SBU RG
Phone /Email: 402 - 445 -4405 / matt.mcfadden @fhueng.com
H O L T &
LPA Responsible Charge: Allen Schoemaker
U L L E V I G
Phone /Email: (402) 426-41911 ars@ci.biair.ne.us
NDOR Project Coordinator: Jason Freidrichs
2. Topographic Survey (JEO)
Phone /Email: (402) 479 -3650 /jason.freidrichs @nebraska.gov
Date: February 22, 2012
Tasks
Total Hours
Direct Labor
Cost
Overhead
155.48%
Fixed Fee
13.40%
Total -
Project Cost
For Engineering Services:
1. Categorical Exclusion Document and Resource Reviews
53
$1,529.66
$2,378.32
$523.67
$4,431.65
2. Topographic Survey (JEO)
3. Preliminary Engineering
270
$8,950.10
$13,915.62
$3,064.01
$25,929.73
4. Final Design
120
$4,076.80
$6,338.61
$1,395.66
$11,811.07
5. Geotechnical Analysis (Thiele Geotech)
6. Project Management and QC
53
$2,749.10
$4,274.30
$941.14
$7,964.54
7. Project Meetings
26
$1,071.85
$1,666.51
$366.94
$3,105.30
8. Construction Phase Services
9. Right -of -Way Services
Direct Expenses
$12,357.72
TOTAL
L 522
$18,377.51
$28,573.36
$6,291.42
$65,600.01
Consultant Independent Cost Estimate
Cost by Task Page 6 of 6
Exhibit "B"
•
Project Name: Jackson and Blaine Street Improvements
Project Number: URB- 6462(1)
Control Number: 22507
Location (City, County): Blair, Washington County
Firm Name: JEO Consulting Group, Inc.
Consultant Project Manager: Julie Ogden, PE
Phone /Email: 402 - 443 -7483 / jogden @jeo.com
LPA Responsible Charge: Allen Schoemaker
Phone /Email: (402) 426 -4191 / ars @ci.blair.ne.us
NDOR Project Coordinator: Jason Freidrichs,
Phone /Email: (402) 479 -3650 / jason.freidrichs @nebraska.gov
Date: February 9, 2012
Ar 1h
9 IN
JT %-'IF
Conarlring, Group,lnc.
TASKS
PERSONNEL CLASSIFICATIONS -
PR ISENVI ENV ISENG1 ENG ISDES1 DES SUR I UD1 Total
For Engineering Services:
1. Categorical Exclusion Document and Resource Reviews
1.1 Project Management
1.2 Hazardous Materials Review and Memo
1.3 SHPO Letter
1.4 Farmland
1.5 Wetland Determination
1.6 Threatened and Endangered Species Review
1.7 Section 4 / 6 Evaluation
1.8 Documentation and Revisions
1.9 Other
2. Topographic Survey
2.1 Survey Limits
20
25
45
2.2 Base Map Preparation
16
2
18
2.3 Horizontal and Vertical Control
4
4
8
2.4 Section Comers and Property Pins
8
32
40
2.5 Existing Utilities
2
2
3. Preliminary Engineerin
3.1 Data Collection and Review
3.2 Note Reduction/Preliminary Plottin
3.3 Roadway Horizontal Alignment
3.4 Roadway Vertical Alignment
3.5 Template Roadway Cross - Sections
3.6 Earthwork
3.7 Roadway Geometric Design
3.8 Drainage Design
3.8.1 Compute area size and Q.
3.8.2 Determine allowable H.W.
3.8.3 Size culvert and compute H.W.-
3.8.4 Using design cross sections, determine length of culvert.
3.8.5 For each culvert, show the Station, D.A., Q, H.W.,and Size
3.9 Storm Sewer Design
3.10 Street Lighting Design
3.11 Construction and Removal
3.12 Limits of Construction
3.13 Utility Coordination / Verification
3.14 Construction Phasin
3.15 Aerial / Wetland Plan
3.16 Quantities /Estimates
3.17 Typical Sections
3.18 Plan -In -Hand Meeting/Report
3.19 Right-of-Way Design
3.19.1 Existing Right-of-Way base
3.19.2 Proposed Right-of-Wa
3.19.3 Right-of-Way Strip Ma
3.19.4 Right-of-Way Tract Drawings & Le al Descriptions
Consultant Independent Cost Estimate
Estimate of Hours
Page 1 of 6
Exhibit "B"
JEO
Project Name: Jackson and Blaine Street Improvements
Project Number: URB- 6462(1)
Control Number: 22507
Location (City, County): Blair, Washington County
Firm Name: JEO Consulting Group, Inc.
Consultant Project Manager: Julie Ogden, PE
Phone /Email: 402- 443 -7483 / jogden @jeo.com
LPA Responsible Charge: Allen Schoemaker
Phone /Email: (402) 426 -4191 /
NDOR Project Coordinator: Jason Freidrichs
Phone /Email: (402) 479 -3650 / jason.freidrichs @nebraska.gov Consulting Group, Inc -
Date: February 9, 2012
TASKS
PERSONNEL CLASSIFICATIONS"
PR SENV ENV SENG ENG SDES DES ADM SURC SUR UD1 Total
For En ineering Services:
4. Final Design
4.1 Roadway Horizontal Alignment
ADM = Administrative DES
= Designer/Technician
For Project Manager, use one of the technical classifications
*` For User - Defined Classifications, you will need to edit the Classifications
Legend located above. To enter a new classification, replace "UD1 " with its abbreviation (ex.
GRA) and replace "User Defined 1" with the corresponding title (ex. Graphic Artist). Once the user - definitions are added, they will self - populate the Estimate of Hours
table, as well as the remaining sheets.
4.2 Trail Vertical Alignment
4.3 Template Roadway Cross - Sections
4.4 Earthwork
4.5 Roadway Geometric Design
4.6 Storm Sewer Design
4.7 Street Lighting Design (By OPPD
4.8 Construction and Removal
4.9 Limits of Construction
4.10 Utility Coordination / Verification
4.11 Construction Phasin
4.12 Quantities /Estimates
4.13 Typical Sections
4.14 Striping and Signin
4.15 Special Provisions
4.16 Erosion Control >
4.17 Other
5. Geotechnical Analysis
5.1 Project Pre aration
5.2 Soil Borings
5.3 Field Log Recording the following
5.4 Laboratory Testing of Recovered Samples
5.5 Analysis of the Test Data
5.6 Report
6. Project Management and QC
6.1 Project Management
2
2
6.2 Quality Assurance/Quality Control
6.4 Final Deliverables
6.4 Other
7. Project Meetings
7.1 Progress Meetings
7.2 Public Information Meetin
7.3 Other
8. Construction Phase Services
9. Right-of-Way Services
9.1 Title Searches
9.2 Plats and Legal Descriptions
9.3 ROW Acquisition for 5 tracts
9.3.1 Appraisals
9.3.2 Review Appraisals
9.3.3 Acquisition Negotiations
9.3.4 Coordinate with Appraisers, Title Company & Negotiators
M I
9.3.5 NDOR Audit Com lieance
Total Hours
2
16
34
Total Days (8 hrs)
0.3
2.0
4.3
CLASSIFICATIONS`:
PR = Principal SENG
= Associate/ Senior Engineer SURC = Survey Crew Chief
SENV = Senior Environmental Scientist ENG
= Engineer SUR = Survey Crew
ENV = Environmental Scientist SDES
= Senior Designer /Technician UD1 = User Defined 1
ADM = Administrative DES
= Designer/Technician
For Project Manager, use one of the technical classifications
*` For User - Defined Classifications, you will need to edit the Classifications
Legend located above. To enter a new classification, replace "UD1 " with its abbreviation (ex.
GRA) and replace "User Defined 1" with the corresponding title (ex. Graphic Artist). Once the user - definitions are added, they will self - populate the Estimate of Hours
table, as well as the remaining sheets.
Consultant Independent Cost Estimate
Estimate of Hours
Page 2 of 6
Exhibit "B"
JEO
NEPA CE, Preliminary and Final Engineering
Labor Rates
Project Name: Jackson and Blaine Street Improvements
Project Number: URS- 6462(1)
Control Number: 22507
Location (City, County): Blair, Washington County
Firm Name: JEO Consulting Group, Inc.
Consultant Project Manager: Julie Ogden, PE
Phone /Email: 402-443 -74831 jogden @jeo.com
LPA Responsible Charge: Allen Schoemaker
Phone /Email: (402) 426-41911 ars @ci.blair.ne.us
NDOR Project Coordinator: Jason Freidrichs JE70
Phone /Email: (402) 479 -36501 jason.freidrichs @nebraska.gov c „n,urm, cro„P. mr.
Date: February 9, 2012
Labor Costs:
Hours
Blended Rate
Amount
Code Classification Title
PR
Princi of
'ENV
Senior Environmental Scientist
Senior Environmental Scientist
ENV
Environmental Scientist
2
$34.71
$69'42
SENG
Associate/ Senior Engineer
Blended Rate:
$31.89
Associatel Senior Engineer
ENG
Engineer
Julie Ogden, PE
$24.52
$392.32
SES
D
Senior DesignerlTechnician
16
Engineer
$31.89
DES
Designerffechnician
$19.25
ADM
Administrative
34
$20.49
$696.66
SURC
SUR
Survey Crew Chief
Survey Crew
63
$20.30
$1,278.90
UD1
User Defined 1
115
$24.52
$2,437.30
TOTALS
Overhead Rate: 204.03% Fixed Fee: 13.30%
Facilities Capital: 1.30% (on Direct Labor Only)
CLASSIFICATIONS:
PR = Principal SENG = Associate/ Senior Engineer SURC = Survey Crew Chief
SENV = Senior Environmental Scientist ENG = Engineer SUR = Survey Crew
ENV = Environmental Scientist SDES = Senior DesignerfTechnician UD1 = User Defined 1
ADM = Administrative DES = Designer/Technician
t3lett MCILCD VVVIMJlI-
STAFFING PLAN
EMPLOYEE NAME CLASSIFICATION'
SALARY
RATE
%ASSIGNED
Principal
Blended Rate:
Senior Environmental Scientist
Blended Rate:
Environmental Scientist
Blended Rate:
Associatel Senior Engineer
$34.71
100.0%
Julie Ogden, PE
Blended Rate:
$34.71
Engineer
$31.89
100.0%
Brian McDonald, PE
Blended Rate: -
$31.89
Senior Designer /Technician
$25.65
80.0
Jim O'Gorman
$20.00
20.0
Adam Goertzen
Blended Rate:
$24.52
Designer /Technician
Blended Rate:
Administrative
$19.25
100.0%
Evelyn Jansa
Blended Rate:
$19.25
Survey Crew Chief
$18.69
75.0%
Mary Svoboda
$25.89
25.0%
Brian Foral
Blended Rate:
$20.49
Survey Crew
$20 40
50 0%
Corey Pospichal
$18.40
25.0%
Herb HIII
$22.00
25.0%
Josh Borchers
_
Blended Rate:
$20.30
User Defined 1
Blended Rate:
' i / , a ernp,u n y a e ri c uaaa,rwouv„ - - ........ .........
Consultant Irtdep er188T7F0�Tirnat�ust equal 100% for each personnel classification category. If one person in classification, list them as 100% for "%
Hssrgned . Page 3 of 6
Labor Rates Exhibit °B"
JEO
NEPA Preliminary
Direct Expenses
Project Name: Jackson and Blaine Street Improvements
Project Number: URB- 6462(1)
Control Number. 22507
Location (City, County): Blair, Washington County
Firm Name: JEO Consulting Group, Inc.
Consultant Project Manager: Julie Ogden, PE
Phone /Email: 402 - 443 -7483 / jogden @jeo.com
LPA Responsible Charge: Allen Schoemaker
Phone /Email: (402) 426 -4191 / ars @ci.blair.ne.us r ,/
NDOR Project Coordinator: Jason Freidrichs JT %-'If
Consulting Group, Inc.
Phone /Email: (402) 479 -3650 /jason.freidrichs @nebraska.gov
Date: February 9, 2012
;ubconsultants: Quantity Unit Cost Amount
Subtotal
Tinting and Reproduction: Quantity Unit Cost Amount _
Subtotal
Aileage/Travel Quantity Unit Cost Amount
Subtotal
.odging /Meals: Quantity tUnit Cost Amount
Subtotal
Other Miscellaneous Costs:
Quantity
Unit Cost
Amount
Rate
Company Automobile
Prevailing standard rate as established by the IRS, currently $0.51 /ml
Survey Vehicle
Prevailing standard rate as established by the IRS, currently $0.535 /mi
Subtotal
Actual reasonable cost
Color Copies
TOTAL DIRECT EXPENSES
Actual reasonable cost
2011 Standard Rates
Type
Rate
Company Automobile
Prevailing standard rate as established by the IRS, currently $0.51 /ml
Survey Vehicle
Prevailing standard rate as established by the IRS, currently $0.535 /mi
Black and White Copies
Actual reasonable cost
Color Copies
Actual reasonable cost
Miscellaneous Postage, Mailing,
Deliveries Etc.
Actual reasonable cost
Equipment
Privately Owned Vehicle
Actual reasonable cost
Actual reimbursement amount to employee, not to exceed rates for company vehicles outlined above
Automobile Rental
Actual reasonable cost
Air fare
Actual reasonable cost, giving the State all discounts
Lodging
Actual cost, (excluding taxes & fees), not to exceed federal GSA reimbursement guidelines,
not to exceed $77 per person daily statewide; not to exceed $104 in Omaha /Douglas County.
Meals
Actual cost, not to exceed federal GSA reimbursement guidelines, currently:
Statewide Omaha /Douglas County
Breakfast
$7.00 $10.00
Lunch
$11.00 $15.00
Dinner
$23.00 $31.00
Incidentals
$5.00 $5.00
Totals
$46.00 $61.00
Consultant Independent Cost Estimate
Page i i 6
Direct Expenses t tt
Exhibit B
JEO
NEPA CE, Preliminary and Final Engineerin
D irect Expenses
Project Name: Jackson and Blaine Street Improvements
Project Number: URB- 6462(1)
Control Number: 22507
Location (City, County): Blair, Washington County
Firm Name: JEO Consulting Group, Inc.
Consultant Project Manager: Julie Ogden, PE
Phone /Email: 402 -443 -7483 / jogden @jeo.com
LPA Responsible Charge: Allen Schoemaker
Phone /Email: (402) 426 -4191 / ars @ci.blair.ne.us
NDOR Project Coordinator: Jason Freidrichs
Phone /Email: (402) 479 -3650 / jason.freidrichs @nebraska.gov Consulting Group Inc.
Date: February 9, 2012
;ubconsultants: Quantity Unit Cost Amount
Subtotal
Tinting and Reproduction: Quantity Unit Cost Amount
Subtotal
dlileage/Travel: Quantity Unit Cost Amount
Subtotal
.odging /Meals: Quantity Unit Cost Amount
Subtotal
Other Miscellaneous Costs:
Quantity
Unit Cost
Amount
Prevailing standard rate as established by the IRS, currently $0.535 /mi
Black and White Copies
Actual reasonable cost v
Color Copies
Actual reasonable cost
Subtotal
- Actual reasonable cost
Equipment
TOTAL DIRECT EXPENSES
Privately Owned Vehicle
1 Standard Rates
Company Automobile
Prevailing standard rate as established by the IRS, currently $0.51 /mi
Survey Vehicle ..
Prevailing standard rate as established by the IRS, currently $0.535 /mi
Black and White Copies
Actual reasonable cost v
Color Copies
Actual reasonable cost
Miscellaneous Postage, Mailing, Deliveries Etc.
- Actual reasonable cost
Equipment
Actual reasonable cost
Privately Owned Vehicle
Actual reimbursement amount to employee, not to exceed rates for company vehicles outlined
Automobile Rental'
Actual reasonable cost
Air fare
Actual reasonable cost, giving the State all discounts
Lodging
Actual cost, (excluding taxes & fees), not to exceed federal GSA reimbursement guidelines,
not to exceed $77 per person daily statewide; not to exceed $104 in Omaha /Douglas County.
Meals
Actual cost, not to exceed federal GSA reimbursement guidelines, currently:
Statewide Omaha /Douglas County
Breakfast
$7.00 $10.00
Lunch
$11.00 $15.00
Dinner
$23.00 $31.00
Incidentals
$5.00 -$5.00
Totals
$46.00 $61.00
Consultant Independent Cost Estimate
Direct Expenses Page 4 of 6
Exhibit "B"
JEO
NEPA CE, Preliminary and Final Engineering
Project Cost
Project Name. Jackson and Blaine Street Improvements
Project Number: URB- 6462(1)
Control Number: 22507
Location (City, County): Blair, Washington County
Firm Name: JEO Consulting Group, Inc.
Consultant Project Manager: Julie Ogden, PE
Phone /Email: 402 -443 -7483 / jogden@jeo.com
LPA Responsible Charge: Allen Schoemaker
Phone /Email: (402) 426 -4191 / ars @ci.blair.ne.us
NDOR Project Coordinator: Jason Freidrichs
Phone /Email: (402) 479 -3650 /jason.freidrichs@nebraska.gov consulting croup, Inc.
Date: February 9, 2012
Direct Labor Costs:
Hours
Rate
Amount
Personnel Classification
Principal
Mileage/Travel
$7,410.12
Lodging/ Meals
Senior Environmental Scientist
Other Miscellaneous Costs
Facilities Capital on Labor Only) 1.30%
Environmental Scientist
TOTALS
$8,395.67
Associate/ Senior Engineer
2
$34.71
$69.42
Engineer
$31.89
Senior Designer/Technician
16
$24.52
$392.32
Designer/Technician
Administrative
$19.25
Survey Crew Chief
34
$20.49
$696.66
Survey Crew
63
$20.30
$1,278.90
User Defined 1
TOTALS
115
$2,437.30
Direct Expenses:
Amount
Subconsultants
$2,437.30
Printing and Reproduction Costs
$4,972'82
Mileage/Travel
$7,410.12
Lodging/ Meals
$985.55
Other Miscellaneous Costs
Facilities Capital on Labor Only) 1.30%
$31.68
TOTALS
$8,395.67
Total Project Costs:
Amount
Direct Labor Costs
$2,437.30
Overhead 204.03%
$4,972'82
Total Labor Costs
$7,410.12
Fixed Fee 13.30%
$985.55
Direct Expenses
Facilities Capital on Labor Only) 1.30%
$31.68
PROJECT COST
$8,395.67
Consultant Independent Cost Estimate
Project Cost Page 5 of 6
Exhibit "B"
JEO
Project Name: Jackson and Blaine Street Improvements
Project Number: URB- 6462(1)
Control Number: 22507
Location (City, County): Blair, Washington County
Firm Name: JEO Consulting Group, Inc.
)nsultant Project Manager: Julie Ogden, PE
Phone /Email: 402- 443 -7483 / jogden @jeo.com
LPA Responsible Charge: Allen Schoemaker
Phone /Email: (402) 426 -4191 / ars @ci.blair.ne.us
ODOR Project Coordinator: Jason Freidrichs . F %—..V
Phone /Email: (402) 479 -3650 /jason.freidrichs @nebraska.gov Consuhing Group, Inc.
Date: February 9, 2012
Tasks
Total Hours
Direct Labor
Cost
Overhead
204.03%
Fixed Fee
13.30%
Facilities Cap
1.30%
Total
Project Cost
For Engineering Services:
1. Categorical Exclusion Document and Resource
Reviews
2. Topographic Survey
113
$2,367.88
$4,831.19
$957.48
$30.78 $8,187.33
3. Preliminary Engineering
4. Final Design
5. Geotechnical Analysis
6. Project Management and QC
2
$69.42
$141.64
$28.07
$0.90 $240.03
7. Project Meetings
8. Construction Phase Services
9. Right -of -Way Services
Direct Expenses
TOTAL
115
$2,437.30
$4,972.83
$985.55
$31.68 $8,427.36
Consultant Independent Cost Estimate
Cost by Task Page 6 of 6
Exhibit "B"
JEO
Geotechnical Exploration Estimate Worksheet
Jackson - Blaine Street
11/16/11
Blair, NE
2012 STANDARD
Mobilization
Zone 2
175.00
Exploratory Drilling (flight augers) ( /ft.)
( 7 borings total)
95 10.50 997.50
@ 40
@ 35
@ 30
1 @25
1 @ 20
@ 15
5 @ 10
@ 5
Laboratory (estimate based on drilling cost)
65% 650.00
Engineering Cost (estimated)
1,475.00
3,297.50
Lump Sum 3,300.00
Exhibit "B"
T h 1 e i e 6 e o t e c h I n c Thiele Geotech
50 feet (25 feet west and 250 feet east) along existing Marina Drive centerline
from approximately Blain Street intersection to 400 feet south.
• Complete survey of the Arch Culvert Pipe on Cameron Ditch.
• Three (3) hydraulic sections.
• Channel sections 75 feet upstream and 100 downstream.
• Locations of bridge supports on Railroad Bridge
Ditches and culverts will be identified and surveyed along their flow lines.
2.2 Base Map Preparation. Consultant will create the base maps using the
topographic survey data following NDOR drafting guidelines.
23 Horizontal and Vertical Control. The consultant will establish control points along
the project corridor at regular intervals and provide control point ties to topographic
features of permanent nature.
• Horizontal control points will be established and referenced to existing section
corners and lot pins. The control points will be permanent in nature and tied
to Nebraska State Plane Coordinate system.
• 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 600 feet.
2.4 Section Corners and Property Pins- The consultant will research survey records
and locate necessary section corners, quarter- section corners, and property
corners for use in drafting existing right -of -way and property lines.
2.5 Existing Utilities The consultant will call in a One -Call utility locate ticket. Utilities
will be shown based on visible, above ground, evidence in the field and utility
locator's markings.
3. Preliminary Engineering. This task includes completing the preliminary design for the
project. As defined in Chapter 6.4 in the LPA Guidelines "Preliminary Design is the
amount of design work necessary to acceptably complete the environmental document"
and is typically considered 30 -50% plans.
31 Data Collection and Review For gathering, reviewing and organizing data for the
project.
3.2 Note Reduction /Preliminary Plotting This task will include the effort for gathering
data to create the existing topography file to use for preliminary design.
3.3 Roadway Horizontal Alignment This task includes the design and drafting of the
horizontal alignment(s) and /or adjustment of alignment(s) for Blaine Streets over
culvert and 400 feet of Marina Drive. The alignments are necessary to define the
placement and location of the new culvert, asphalt or concrete pavement, and the
proposed trail.
3.4 Roadway Vertical Alignment This task includes the design and drafting of the Exhibit "B"
vPrtirsl slionmPnt for the nrnnn.gpd Marina Drive
ER Scope
3.7 Roadway Geometric Design This task includes the geometric design of all
roadway alignments, intersections, driveways, trail, etc., which includes setting up
all the geometric sheets for the project and labeling. Labeling the geometric points
with Station and Offsets will not be completed in this phase.
3.8 Drainage Design This task includes the preparation of a hydraulic study for the
replacement of the existing culvert on Cameron Ditch. The culvert shall be the
same length as the existing pipe.
Complete hydraulic analysis to meet NDOR Bridge Department requirements.
3.8.1 Calculate flows to culvert site using NDOR preferred methods.
3.8.2 Complete hydraulic analysis using HES RAS software as
required by NDOR
3.8.3 Prepare bridge data sheet form and associated documents to be
submitted to NDOR on culvert.
3.8.4 Make any revisions requested by NDOR and re- submit report to
NDOR for approval.
3.9 Culvert Design This task includes the effort to complete the preliminary , culvert
design and draft the appropriate culvert plan data on the Construction sheets and
culvert profiles on the Plan and Profile sheets respectively. The consultant will
follow NDOR's Drainage Design & Erosion Control Manual.
3.10 Street Lighting Design This task will be completed by OPPD.
3.11 Construction and Removal Development of separate Removal plan sheets and
Construction plan sheets with appropriate notes detailing construction and removal
items not specifically identified elsewhere in the this scope.
3.12 Limits of Construction, The Consultant will define and draft the limits of
construction on the plan sheets. These limits will be used to determine
environmental impacts.
3.13 Utility Coordination / Verification. The Consultant will draft utilities on the plans
that weren't included in the preliminary plotting and for limited coordination with the
utilities to verify the location and type of utility. If necessary, the Consultant will
coordinate and schedule a Utilities meeting to identify and work through potential
conflicts identified. in the preliminary plans.
3.14 Construction Phasing. No effort for construction phasing will be included on this
project during preliminary design.
3.15 Aerial / Wetland Plan. The Consultant will prepare aerial photo sheets showing
any delineated wetlands, impacted wetlands and /or channels, and mitigation sites,
if applicable.
3.16 Quantities /Estimates. Develop and tabulate all of the preliminary quantities.
Quantities will be submitted to NDOR for each submittal, including the Plan -in-
Hand and Functional Plans, using NDOR standard bid items and NDOR quantities
forms. Estimates of probable cost will be prepared by NDOR.
3.17 Typical Sections This includes design and drafting the typical sections for Blain Exhibit - 13 -
ER Scope
3.19 Right -of -Way Design The following tasks will be completed to establish the
existing Right -of -Way and to Design the proposed Right -of -Way.
3.19.1 Existing Right -of -Way base This task involves collecting the Plat
drawings, completing title search, 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.
3.19.2 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 eleven (11)
tracts associated with this project.
3.19.3 Right -of -Way Strip Map 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 associated with this project.
Preliminary right -of -way ownerships, easements and takings will also be
tabulated and shown on the sheets.
3,19A Right -of -Way Tract Drawings & Legal Descriptions The
Consultant will prepare individual right -of -way Tract Drawings and Legal
Descriptions for each easement (temporary or permanent) and right -of-
way required to construct the project. The sheets will include existing
property lines and all proposed right -of -way associated with this project.
Preliminary right -of -way ownerships, easements and takings will also be
tabulated and shown on the sheets.
4. Final Design. This task covers the preparation of the final design for the project.
4.1 Roadway Horizontal Alignment This task includes finalizing the design and
drafting of the horizontal alignment(s) and/or adjustment of alignment(s) for Blaine
Streets and Marina Drives. The alignments are necessary to define the placement
and location of the new culvert, asphalt or concrete pavement, and the proposed
trail.
4.2 Roadway Vertical Alignment This task includes finalizing the design and drafting
of the vertical alignment for Marina Drive.
4.3 Template Roadway Cross- Sections Finalize the templates necessary to process
final cross sections on Blaine Street and Marina Drive, The cross sections will
show the existing ground and proposed curb and gutter and trail, The cross
sections are necessary to be able to determine the grading limits and calculate
earthwork.
4.4 Earthwork. Process the final earthwork for each.alignment, including any extra
earthwork due to driveways and any other cause for earthwork.
4.5 Roadway Geometric Design This task includes the final geometric design of all
intersections, driveways, trail, etc., which includes labeling the geometric points Exhibit "B"
ER Scope
4.8 Construction and Removal Finalize the Removal plan sheets and Construction
plan sheets with appropriate notes detailing construction and removal items not
specifically identified elsewhere in this scope.
4.9 Limits of Construction. The Consultant will further refine and draft the limits of
construction on the plan sheets.
4.10 Utility Coordination / Verification. This task includes final coordination of the
design with affected utilities and making revisions based upon the utility review
comments and meetings.
4.11 Construction Phasing. The Consultant will utilize NDOR standard plans for
construction phasing and barricading for this project.
4.12 Quantities /Estimates. Develop and tabulate all of the final quantities. Quantities
will be submitted to NDOR with PS &E plans on standard NDOR quantities forms.
Estimates of probable cost will be prepared by NDOR.
4.13 Typical Sections This includes finalizing the design and drafting the typical
sections for Blaine Street and Marina Drive, including the trail.
4.14 Striping and Signirig. The Consultant will design and draft the permanent striping
and signing onto the appropriate plan sheets.
4.15 Special Provisions. This includes preparing any special provisions needed to
support the standard specifications. .
4.16 Erosion Control. The Consultant shall design and draft erosion control items on
the Construction Plan Sheets.
4.17 Other. (Additional project specific tasks may be added here).
5. Geotechnical Analysis The Consultant shall conduct geotechnical exploration through the
advancement of soil borings, testing of samples in the field and in the laboratory, and
analyses of the soil conditions encountered to determine recommendations for
roadway /trail subgrade preparation and pavement design.
Soil will be tested at up to two (2) locations through sample borings to an average depth of
20 feet for the box culvert location on Blaine Street and one (1) location through sample
borings to an average depth of 10 feet for Marina Drive. The Marina Drive boring will also
include coring the existing pavement to acquire pavement thickness.
Other geotechnical task items are as follows:
5.1 Proiect Preparat
5.1.1 Prior to drilling the soil borings, locations will be staked by Consultant
personnel.
5.1.2 Area underground utility service representatives will be contacted through
the Diggers Hotline system to mark area public utilities in order to remov( Exhibit "B"
ER Scope
sampler tube in accordance with ASTM D1587, Standard Method for Thin -
Walled Tube Sampling of Soils, using an open -tube (Shelby Tube)
sampler having an outside diameter of 3.0 inches.
5.2.3 " If encountered, sand or other granular soils will be retrieved with a split -
barrel sampler. Standard Penetration Test (SPT) measurements will be
made during the retrieval of each split - barrel sample in accordance with
ASTM D1586, Standard Method for Penetration Test and Split - Barrel
Sampling of Soils to determine the relative density of the granular
materials.
5.2.4 Field logs of the soil types and characteristics encountered at the boring
location will be recorded in the field.
5,2.5 Groundwater levels, if encountered within the boring depths, will be
recorded at the time of drilling and after 24 hours, if possible.
5.2.6 The borings will be filled, Extra soil will be removed from the drill
locations.
5.3 Field Log Recording the following
5.3.1 Thicknesses of existing fill or other disturbed soil layers will be recorded
on the boring logs in the field, where encountered.
5.3.2 Approximate locations of changes in soil type with depth.
5.3.3 Groundwater levels when encountered during drilling.
5.3.4 " Identification of the subsurface materials described in accordance with
ASTM D2488, Standard Practice for Description and Identification of Soils
(Visual - Manual Procedure).
5.3.5 And other site conditions that may affect the engineering
recommendations.
5.4 Laboratory Testing of Recovered Samples —
5.4.1 Measurements of in -place moisture content, density, shear strength,
unconfined compressive strength, and soil classification will be conducted
on selected clayey samples, Moisture content of selected sand samples
will be measured.
5.4.2 Laboratory tests will be completed in accordance with ASTM procedures,
5.5 Analysis of the Test Data-
5.5.1 Potential effects of the area groundwater level.
5.6 Report containing the following
* This work will be completed and incorporated into the Geotech
Report being prepared for the Jackson and Blaine Street Project
URB- 6462(1), CN 22507, and one document will be prepared for all
work.
5,6.1 Description of site soil conditions.
5.6.2 Analysis of soil to ascertain presence of potentially expansive soils,
5.6.3 Analyses of consolidation potential and recommendations for minimizing
consolidation after construction.
5,6.4 Recommended types of fill and backfill soil materials and compaction Exhibit "B"
- ER Scope
6.1 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 and monthly
progress reports; prepare project correspondence with the NDOR; and maintain
project records.
6.2 Quality Assurance /Quality Control The Consultant will perform QA/QC checks at
various stages of the study including prior to any official submittal.
6.3 Final Deliverables Consultant will prepare final deliverables and submit to NDOR
the electronic files and hard copies of all materials.
6.4 Other (Additional project specific tasks may be added here).
7. Proiect Meetings
All meetings will be coordinated with the Jackson and Blaine Street Project
Meetings, URB- 6462(9), CN 22507
7.1 Progress Meetings Meetings will be coordinated with the Jackson and Blaine
Street-Project meetings, URB- 6462(1), CN 22507, therefore no additional
meetings will be necessary for this project.
7.2 Public Information Meeting No Pubic Involvement/meetings are anticipated on this
project.
8. Construction Phase Services
Construction Phase Services to be negotiated as a supplement to the scope of
services and engineering agreement will be made after final design is completed for
the project. Construction engineering to be completed by the Consultant includes
inspection of all materials used to insure that they meet the minimum specifications.
Specific services shall include but not be limited to the following:
8.1 Pre - construction meeting.
8.2 Progress Meetings.
83 Construction Inspection.
8.4 Material sampling and testing.
8.5 Environmental compliance (SWPPP & Green Sheets).
8.6 As -built plans.
8.7 Shop drawing review.
8.8 Traffic control plan.
8.9 Construction staking.
8.10 Project closeout.
8.11 Provide all required information to NDOR through the Site Manager Program.
Exhibit "B"
ER Scope
9.3.2 Review Appraisals
9.3.3 - Acquisition Negotiations
9.3.4 Coordinate with Appraisers, Title Company and Negotiators
9.3.5 NDOR Audit Compliance
E. DELIVERABLES;
1. Monthly Invoices and Progress Reports
2. Meeting Minutes
3. Categorical Exclusion Document and supporting documentation
4. Hazardous Materials Technical Report
5. Concurrence request letter to SHPO
6. 4(9 De Minimis Determination letter and form, if needed
7. NDOR Wetland Delineation Checklist
8. Preliminary Wetland Determination Memo of Findings
9. Biological Evaluation Letter
10. Storm Water Plan, SWPPP, and N01
11. Agency concurrence letters
12. Public Information Meeting Exhibits and Fact Sheet
13. Responses to Public Comments
14. Final Engineering Design Plans, Specifications, and estimates to meet NDOR
requirements
F. PROJECT INFORMATION FORMAT
1. Consultant will follow the State's CADD drafting procedures and guidelines in preparing
plans and the wetland delineations.
G. SCHEDULE
The Schedule for this project will follow the schedule for the Jackson and
Blaine Street Improvements Project, URB- 6462(1), CN 22507.
Exhibit "B"
ER Scope
Consultant Estimate of Hours
Project Name: Blaine Street Culvert & Marina Drive Repairs
Project dumber. ER•�77
Control Number. ^ %%
Location (City, County): 51a 1- :Ye >rmgtcn Ccunt;
Fire, Wine: Felsbutg He a ul e rig � 1� L L5 G U l�G
Consultant Project Manager: ,tall t.lcFaddon
PbonciEmatl:. : n'tit m_Ianden f lhllen!j cam tH O 1 L L rr�� T
LPA Responsible Charge: :•teen 3e^,cune
rter `.� L L V I G
PhonelEmath 0.02) 4cr4121 ! ar; a c b!a r he us
NOOR Project Coordinator. Jason Frerdnchs
PhonolEmail: ta02):ig•3v50I 4asen goy
Date: ,larch 2, 2012
Consultant Independent Cost Estimate
Estimate of Hours
Page 1 Of 6
Exhibit "B"
ER Fee
i� � ° r�is ° r ° r� ° i� °
■}
ACC
®CNEW
C
°°
°ems
r
®
Consultant Independent Cost Estimate
Estimate of Hours
Page 1 Of 6
Exhibit "B"
ER Fee
Cohsultant Estimate of Hours
Project Name: Blaine Street Culvert & Marina Drive Repairs
Project Number. EP-
Control Number. 17
Location (City. County): Cialto Wz sh, • gtt , I County
-
Flnn Name: Felftura Hal -' Ul:e,9
FELSBURG
Consu p ro j ect hi anager: ?,lan
Phoru,/Ernad: 4Q2145—ICS % 11311 _Ulhue-? C.M
LPA Rell ... slbl- Charge: W&I qcmtcwaI,er
1-10 IT
ULLEVIC;
PhonelErnad: i.021 42C 91 1 W5 � v t!2c - e us
NDOR Project Coordinator Jasc., F,e,d,=S
PtionclErnail: 4CI) 47Ei-'C-0 I llsnn ocv
Date: M.IrO2
CLASSIFICATIONS'
PR = P,,mpl SENG z SURC = S.1,uy cfv Cho.-f
SENV S-,cr Er.w.-I0,11al SC,enUSI ENG z Engineer SUR = Suruy Cre.v
EN'/ SclQ111'sl SOES = Semc, Cesigiw,Tcchn wn U01 User C,f,,d I
A0
Fc, r,c,,:f Va"ago, U--� one 0 V:e rectv%-1 Clazf,fC5ro115
cc
GPA) "I'd lLp!.,- 'Ut, L•211r,.
d,
- It
Consultant Independent Cost Estilliale
Estimate of Hours Page 2 of 6
Exhibit "B"
ER Fee
mom
WINE
CLASSIFICATIONS'
PR = P,,mpl SENG z SURC = S.1,uy cfv Cho.-f
SENV S-,cr Er.w.-I0,11al SC,enUSI ENG z Engineer SUR = Suruy Cre.v
EN'/ SclQ111'sl SOES = Semc, Cesigiw,Tcchn wn U01 User C,f,,d I
A0
Fc, r,c,,:f Va"ago, U--� one 0 V:e rectv%-1 Clazf,fC5ro115
cc
GPA) "I'd lLp!.,- 'Ut, L•211r,.
d,
- It
Consultant Independent Cost Estilliale
Estimate of Hours Page 2 of 6
Exhibit "B"
ER Fee
NEPA CE, Preliminary and Final Engineering
Labor Rates
pto n : Blaine Street Culvert & Marina Drive Repal
p'. Minih— Fri.—
ST AFFING AFFING PLAN
CLASCIFICA11014'
L—lim (Cit C ... I P.v, Ve.,t� : !cn Count,
Principal
M1,
Firn1 Mirs- F- H f !i Llt—n
Ci,-ulmnt P,. Man�w Mz,n M,FA_ -
50750 1000:;
40 , - mi
1-10 LT
LPA Rcsp—.bf, Cf-U,-: Pl n So.-•io
til- I- EVIG
phnnoci-fl:
I SI t '2 - 12
1 :1:42
IJIDOR P,cj.ct C—dnwirw. J,! ,,, h. w-h,
Pimu,[E—fl: L4A) -17 C fG I ... rh"I'
D.,W M,-1.2.20t2
61
L.1101 Cost.:
Code tM Till.
ST AFFING AFFING PLAN
CLASCIFICA11014'
1310,d0t] R.Mr,
Principal
M1,
50750 1000:;
7 'I
� DD
ENV ":!i,r.1
SENG S-1,11 Ell—,"
J0
514 I4
$54 75
I SI t '2 - 12
1 :1:42
ENG 1E111 11Cll
SLES IS, ar D - w,,OT -,M
61
5 Z 7 71
51640
1 r62 CO
522
Emncnnl <ntalS enlist
SN 52 0
75
512 t2 75 0'
Surc
SUR
1I.I Crete:
< 24 0 4
A... lc/ 50111cir Eriqmce
M.Mt MCF.'(IfIcn
UDI
MfAU
Wo Def—I I
; I I —
— 203
0-1-1.11111"; t5548�'•
SUPC Ch 0
E NG
--UR
E--,
SD's U
ON S—,, D, -t UDI 00 I-Id I
bienaeu Kates
EMPLOYEti NWE
ST AFFING AFFING PLAN
CLASCIFICA11014'
SALAHY
RATE "SIGNED'
Principal
M1,
50750 1000:;
7 flo 561
S,.i,.r E ............. I.[ Scn,nu,l
.9 50 '0'
E.—crunc.t.1 sc—li't
J-, Tcr
Emncnnl <ntalS enlist
SN 52 0
AM 2
512 t2 75 0'
< 24 0 4
A... lc/ 50111cir Eriqmce
M.Mt MCF.'(IfIcn
$54 75 too 0.11
Ubqid'd q '11 554
Eng .... r J.Ah
E" l i., Cr 2
E5 ED 0"
527 20 WL
Ficntled pm, sa'70
Senw0mg—ITechnimn
F
!31 0• 1 ICADI
536 40 1000"
576 .10
D—!1nOdTcch...i.1.I
— R`Ic
•."
EI—T'd
5 28 7 Ic JO -
EIL"J"I fq.'Ils 520.
Su—y Cr— Ch.0
Survey c—,
R,Iv
U... DO cu 1
EIC11d•`n Hale
if:,':
Cm EMimati,
Labor RaIes
Exhibit "B"
ER Fee
NEPA CE, Preliminary and Final Engineering
Direct Expenses
Project Name: Blaine Street Culvert & Marina Drive Repairs
Project Number: ER•17?
Type
Control Number: " - ?I
Rate
Location (City, County): Blair, ;+.'ashrnc!cn Cowity
Firm Nnrue: Felsbutg Hc!; & Ullevq
Sur•:ey V'. -Ndc
Consultant Project (,tanager: t!a:; t lcFVnen
F E ]_j B U RG
PhonciEmall: -02-445--=CE r matt rrcladdent: htuena cem
LPA Responsible Charge: -nee Scncemaker
L! L L L V 1 t
PhonelEmail: ( -02) - 26.4191 fart, Ica b!an tie, its
Actual reascnable coil '
NDOR Project Coordinator: Jason Freidncns
.
PhonolEmail: (402) :7g- ?650! Cason lreidnclwknnebraska.gov
Ecu prilent
FnralEly CrneC vcrvvc
Date: lvlarch 2. 2012
r amna;l Cost
vual rc.niCurseniant arltallnt to = mF!cyee nor to c, Clad rates for ocm,^•any ---hides outl :rco aCOVe
they lrliseollancous Costs: - Quantity.. Unit Cost Amount -.
.scellanecus Postage, Madinn. Detivenes Etc. 1 579 07 575.0
- - - - - Subtotal: - ::5790
OTAL DIRECT EXPENSES 516,389.1
2011 Standard Rates
Type
Rate
Company l,utomohile.
Prevailing standard rate as established by the IRS, currently $0 51 /nit
Sur•:ey V'. -Ndc
Prevailing standard rate as eslabl stied by the IRS currently SO 525 !nit
Eladt: and Vil'.:le Cop-cs
Actual reasonab cost
Ca'or Copies
Actual reascnable coil '
;!isCEllaneuus Postaoe Maihnc
Deliveries Etc
.actual reasonable Cott
Actual :e
Ecu prilent
FnralEly CrneC vcrvvc
r amna;l Cost
vual rc.niCurseniant arltallnt to = mF!cyee nor to c, Clad rates for ocm,^•any ---hides outl :rco aCOVe
-. utc,cmde Rectal
», fa;e
•Satn31 lca50na'L•'C cz ;:
Acluai reasrna,`,le cost. g"'ng Ine State all msccunls
Lcdgng
Actual cost (orcluo'ng taxes 8 fees). not to excccd federal GSA rEimbulsemenl gtvael :nos.
not to c :'coed S77 per person do ly state ,s:de, not to excced SIC: in Omaha Douglas County
I I I
!.lea's
Actual cost . net to exceed federal GSr, remltursement guidelines. currently
Statewide OmabolDouglas County
Erea%fasl
S700 510.00
Lun_lt
$1100 51500
Drone;
523 CO 531 co
Inodemals
c5 CO 55.co
Totals
- CO 551 CO
Consultant Independent Cost Estimate
Direct Expenses Page 4 of 6
Exhibit "B"
ER Fee
Subconsultants;. - - Quantity I Unit Cost AmouW-R511
JEO Ccnsu!In+a 1 513 355 so -. 51 Th"Ele Geo;cch 52.525 00 'S Subtotal $1
NEPA CE, Preliminary and Final Engineering
Project Cost
Project Name: Blaine Street Culvert & Marina Drive Repairs
Project Number: ER
Control Number:
Location (City, County): 61 }.r t;�a =n nnt❑n Counry
N
Firm Name: Fel,burg Het & Ullevin i -
Consultant Project Manager; (mall mcroddon r9 � � =� -.� I> �_ � ( \� J
PhonelEmnil: 402 -445- :405 , mall mc(atllieni011106rn corn I - 1 0 L T
LPA Rosponsibto Charge; Allen Schnwnm,er lll:��� U L L E \ I G
'PhonelEmarl: (e 191 ! ar5 blvr n tr.
NDOR Project Coordinator: Jason Fre,dr,chs
Phonc /E•nwil: (4021479 -?65O l lascn f n.i d nrh S.I n b a ct, a dnv
Dale: I,1:,ru(2
Dhect Labor Costs:
Hours
Rato
Amount
Pcrsonncl Classification
Prinw,11
2
6750
$13500
Sonia Envnunmental Sowitut
2
S4D 50
S99.00'
Environ mental Soent,st
48
524 64
$1.182.72
Assoc Eng .icer
?0
:54_
_ .:51,8 -i < ^5il
Enq,reer
Sern,cr Deslmler c,an
61
s2c 40
52.220.•10
Dr!s,,,wITcch,
Admnslra;r ;c
__
5287
Sunc. y Crew Clnef
Survey Crew
User Dunned 1
TOTALS
203
$6,941.62
Direct' Expenses:
'Amount
Subcon5ullants
_ S16 : Igo ?0..
Pnnmrn and Recroduy Cosl-
` `
I tilcarc!irave'
$2576
t.odrrnnr Meal,
Other Miscellaneous Costs
$7907
TOTALS
S1G,389.13
at Project Costs:
Amount
^ct Labor Cost,
50•941
Jmcad - 155
310,792E
al Lauer Costs
517:734
Ed Fee Si 13 401':
act Esrenses
'• $16.369'
OJECT COST .
$36,$00.(
Consultant Independent Cost Estimate
Protect Cost Page 5 of 6
Exhibit "B"
ER Fee
NEPA CE, Preliminary and Final Engineering
Cost by Task
Project Name: Blaine Street Culvert & Marina Drive Repairs
For Enginooring Services:
Project Number: ER.???
52
Control Number: n7M
52,675 27
Location (City, County): Elasr. Wasn nrilon County
53. 040.33
Firm Name: Fel:hun; Hon 1. uu:via_
IN
Consultant Project Manager: Matt 1,•cF3odcn
T- tt]�
TL LS BUECG
PhonelEmail: .102-44 r ma r -r ts mcfado i tnuenq corn
® F1 �� LT `\
LPA Responsible Charge: Al
1 tt��
u L L L V I G
Phone/Em3il: (4021 126.1191 r ars.ia blau nc u s
NOOR Project Coordinator: Jason Freitfnrhs
Phone /Email: 14621 .179 -3650 � lason fre,anchs,Znt- braskn.co-,
Data: f.l 2, 2012 '
3. Preliminary Enginecrino
Dimcl Labor avcrhvad :Plied Fee Total,
Tasks TotalHours Cosh Y55.46 °6 13A0 °„ :ProjeclCost
For Enginooring Services:
1. Categorical Exclusion Document and Resource Reviews
52
51,:, 32
52,675 27
5454 74
53. 040.33
2. Topographic Surve • (JEO)
3. Preliminary Enginecrino
74
z2 250 70
53.731 05
MI 5
50 ri52 27
�3Gi111
4, Final Design
59
'2 213 10
53 440 03
5757 64
"
5. Geolochnical Analysis (Thiele Geolech
6. Project Mana enlvnl and QC
16
51.000 50
1 51555 59
5342 51
;2.090 59
7. Project Meetings and QC
S. Construction Phase Services
9. Righbof-1'ra Services
Direct Expenses
_
515.309:1?
TOTAL
203
56,941.62
510.792.93
52,376,41
536.499.99
Consultant Independent Cost Estimate
Cost by Task
Page 6 of 6
Exhibit "B"
ER Fee
I 0
It ' 0
Project Name. Jackson and Blaine Street Improvements (ER)
Project Number: URB-6462(1)
Control Number: 22507
Location (City, County). Blair, Washington County
Firm Name: JEO Consulting Group, Inc.
C onsultant Project Manager: Julie Ogden
Phone/Email: 402-443-7483 / logden@jeo coin
LPA Responsible Charge: Allen Schoemaker
Phone /Email: (402) 426.4191 It afs@ci.blair ne.US_
NDOR Project Coordinator: Jason Freidnchs JEU
Phone/Emall: (402) 479-3650 / lason.freidricl)s@iiebraskci.gov I on, lilt ifir Im.
Date: October 22. 2011
TASKS
PERSONNEL CLASSIFICATIONS
M I SENGI ENG J�iii I ISURCI SUR 'U
For Engineeri ng SeMces:
1 Categoricsl'Bclusion Document and Resource Reviews
1 1 Project Managemeril
1 . 2 Hazardous Materials Review and Memo
1.3 SHPO Letter
1.4 Farmland
1.5 Welland Determination
1.6 ThTealened and Endangered Species Review
1,7 Section 4(0 / 6(f) Evaluation
1.8 Documentation and Revisions
1,9 Other
2 Topographic Survey
2.1 Survey Limits
12
12
2.1
2,2 Base Map Preparation
5
1
6
2.3 Horizontal and Vertical Control
4
1
6
2.4 Section Corners and Property Pins
2
2
4
2,5 Existinq Utilities
2
3 Preliminary Engineering
3,1 Data Colleclion and Review
3.2 Nole Reduction /Preliminary Plotting
3.3 Roadway Horizontal Alignment
3.4 Roadway Vertical Alignment
3,5 Template Roadway Cross-Sections
3 6 Earthwork
3.7 Roadway Geometric Desiqn
3.8 Drainage Design
3.8 1 Compute area size and Q.
1 2
12
38,2 Complete Hydraulic Analysis Using HES RAS
Llfi
L20
E
20
3 8.3 Prepare Bridge Data Sheet for Box CUIVert
8
5
13
3.8 4 Revisions
8
4
12
3.9 Culvert Design
10
15
26
3.10 Street Lighting Design (By OPPD)
I
3. 11 Construction and Removal
7
3.12 Limits of Construction
3.13 Utility Coordination / Verification
3.14 Construction Phasing
3.15 Aerial I Welland Plan
3 16 Ouantities/Estimates
3.17 T iral Sections
yp
3.18 Plan -In -Hand Meeting/Rep rt
2
3.19 Right-of-Way Design
3 19.1 Existing Right-of-Way base
3.12 Proposed Right-of-Way
3 19.3 Riqht-of-Way Strip Mnp
3.19.4 Right-of-Way Tract Drawings F. Legal Descriptions
Exhibit "B"
ER Fee - JEO
NEPA'CE; Preliminary and Final Engineering
Labor Rates
Project Name; Jackson and Blaine Street Improvements
Hours
Project Number: U1313- 6462(1)
Amount
Control Number: 22507
Classification Title
Location (City, County): Blair, 01ashlmllon County
principal
Firm Name: .1EO Consullum Group, Inc. '
Senior Environmental Scientist
Consultant Project Manager: Julie Ogden
SENV
Phone /Email' 402- 443.74113 / logden n jeo.com
LPA Responsible Charge: Allen Schoemaker
Phone /Emall: (402) 426 -4191 f arsra cr,hlair ne.us
Envuonmenlal Scientisl _
NDOR Project Coordinator: Jason Freidrichs
J E�70
Phone /Email: (402) 479.3650 ! insnn.heidnchs:lnebmska.gov
urr c r,,,,,,r.. „
Date: October 22. 201
24
Labor Costs;
Hours
Blended Rate
Amount
Code -
Classification Title
PR
principal
Senior Environmental Scientist
SENV
Senior Environmen Scientist
ENV
Envuonmenlal Scientisl _
Environmental Scientist
SENG
Associate / Senior Fnrl lneel'
24
534.71
$833.04
ENG
En gineer
48
$3 111 _
_$1,530,72'
SDES
Senior Desi
20
S24..52
$711,0
DES
A01.1
Destnnerrrechnician
Adnunistralwe
534.71
519 25
531.89
SURC
Survey Crew Chief
19
$20 .45
5389,71
SUR
Survey Crew
ZO
S20.80
5416.00
UDI
User Defined 1
80.01,
Ar1am Goorlmn
520.00
TOTALS
140
524.52
53,680. i b;
Overhead Rate: 204.03 ": Fixed Fee: 13 30'51,
Facilities Capital: 1 30°.(, (on Direct Labor Only)
CLASSIFICATIONS:
PR = Principal
SENV = Senior Enviionmealai Scientist
ENV = Environmental Scientisf
ADM = Administrative
SENG = Associaler Senior Engineer SURC = Survey Crew C11101
ENG = Engineer SUR = Survey Crew
WES = Senior Destgnerrfechnictan UD I = User Defined I
DES = Designer/Technician
STAFFING PLAN
EMPLOYEE NAME CLASSIFICATION' "
SALARY
RATE
°I, ASSIGNED'
Principal
Blended Rate.
Senior Environmental Scientist
Blerded Rale
Environmental Scientist
Blended Rate'
Associate/ Senior Engineer
.lure O PE
53431
Blended Raie
534.71
Engineer
Brian f.Ir.Oonald. PE
531.89
100.0'�
Blended Rate
531.09
Senior Designer /Technician
Jim O'Gorman
$25.65
80.01,
Ar1am Goorlmn
520.00
20.0".:
Blended Rale.
524.52
Designer /Technician
Blended Rate:
Administrative
Evelyn ,lansa
$19.25
1000"'
Exhibit "B"
ER Fee - JEO
NEPA. CE, Preliminary and Fi naF Engineering
Direct ExpensOs
Project Name: Jackson and Blaine Street Improvements (ER)
Project Number: URB- 6462(1)
Control Nu6iber: 22507
Location (Cily,'County): Blair. Washington County
Finn Name: JEO Consulting Group, Inc
Consultant Project Manager: Julie Ogden
Phone/Email: 402 - 443 -7483 /looden@jeo.com
LPA Responsible Charge: Allen Schoemaker J 0
Phone /Email: (402) 426 -4191 / ars@cr.blairme.us `
NDOR Project Coordinator: Jason Freidnchs
Phone/Email: (402) 479 -3650 /jason.freidrichs @nebraska.gov r wmiltinr; i:nmgb rnr.
Date: October 22, 2011
Subconsultanls: ' - Quantity Unit'Cost Amount'
Subtotal
Printing and Reproduction:
Quantity
Unit Cost
Amount
Rate
Company Automobile
Prevailing standard rate as established by the IRS. currently S0.51 /mi
Subtotal
Prevailing standard rate as established by the IRS. currently SO 535 Ani
Black and White Copies
TOTAL DIRECT EXPENSES
Color Copies
Actual reasonable cost
Miscellaneous Postage, Mailing, Deliveries Etc
Actual reasonable cost
Equipment
Actual reasonable cost
Privately Owned Vehicle
Actual reimbursement amount to employee, not to exceed rates for company vehicles outlined above
Automobile Rental
Subtotal
Mileage/Tra Quantity Unit Cost ` Amount
Subtotal
dginglMeais: Quantity Unit Cost Amount
Subtotal
Other Miscellaneous Costs:
Quantity I Unit Cost
Amount.
Tyne
Rate
Company Automobile
Prevailing standard rate as established by the IRS. currently S0.51 /mi
Subtotal
Prevailing standard rate as established by the IRS. currently SO 535 Ani
Black and White Copies
TOTAL DIRECT EXPENSES
2011 Standard Rates
Tyne
Rate
Company Automobile
Prevailing standard rate as established by the IRS. currently S0.51 /mi
Survey Vehicle
Prevailing standard rate as established by the IRS. currently SO 535 Ani
Black and White Copies
Actual reasonable cost
Color Copies
Actual reasonable cost
Miscellaneous Postage, Mailing, Deliveries Etc
Actual reasonable cost
Equipment
Actual reasonable cost
Privately Owned Vehicle
Actual reimbursement amount to employee, not to exceed rates for company vehicles outlined above
Automobile Rental
Actual reasonable cost
Air fare
Actual reasonable cost, giving the Slate all discounts
Lodging
Actual cost, (excluding taxes & fees), not to exceed federal GSA reimbursement guidelines,
not to exceed S77 per person daily statewide: not to exceed $104 in OmahalDouglas County.
Nleals
Actual cost, not to exceed federal GSA reimbursement guidelines. currently:
Exhibit ° B "
Statewide Omaha/Douglas County
ER Fee - JEO
NEPA CE, Prelimina'ry and Final Engineer
Project Cost
Project Name: Jackson and Blaine Street Improvements (ER)
Project Number: URB-6462(1)
Control Number: 22507
Location (City, County): Blair, Washington County
Firm Name: JEO Consulting GrOLIP, Inc.
Consultant Project Manager: Julie Ogden
Phone/Email: 402-443-7483 / jogden@jeo.con)
LPA Responsible Charge: Allen Schoemaker
Phone/Email: (402) 426-4191 / ars@ci.blair ne.LIS
NDOR Project Coordinator; Jason Freidrichs JEO
Phone /Email: (402) 479-3650 1 jason.freidriciis@nt3braska.gov Cwt, tilt hi (;rmtp, nu.
Date: October 22. 2011
Direct Labor Costs
Hours
Rate
Amount
Personnel Classification
Principal
Total Labor Costs
S11,79682
Fixed Fee @ 13.301/1,
Senior Environmental Scientist
Direct Expenses
Facilities Capital (on Labor Only) 1.30%
Environmental Scientist
,PROJECT COST
$13 I
Associate/ Senior Engineer
24
$34 71
583304
Engineer
48
S31.89
S1.53032
Senior Designer/Technician
29
$24.52
$711,08
Desioner/Technician
Administrative
S1925
Survey Crew Chief
19
$20.49
538931
Survey Crew
20
520.80
541600
User Defined 1
ITOTALS
140
$3,880.15
Direct Expenses: Amount
Subconsultants
Printing and Reproduction Costs
Mileage/Travel
Lodoinp/ Meals
Other Miscellaneous Costs
TOTALS
Total Project Costs.
AFTIOUnt
Direct Labor Costs
33,88015
Overhead (cD 204 -030/1�
$7,916,67
Total Labor Costs
S11,79682
Fixed Fee @ 13.301/1,
51,568:98
Direct Expenses
Facilities Capital (on Labor Only) 1.30%
,PROJECT COST
$13 I
Exhibit "B"
ER Fee - JEO
.. 0 A Z 0 1 •
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 contract,
(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:
General Liability —
Limits of at least:
$ 1,000,000 Per Occurrence
$ 2,000,000 General Aggregate
$ 2,000,000 Completed Operations Aggregate (if applicable)
$ 1;000,000 Personal /Advertising Injury
• Consultant shall be responsible for the payment of any deductibles.
• Coverage shall be provided by a standard form Commercial General Liability Policy
covering bodily injury, property damage including loss of use, and personal injury.
• General Aggregate to apply on a Per Project Basis.
• The LPA shall be named as Additional Insured on a primary and non- contributory basis
including completed operations (the completed work /product) for three (3) years after the
work /product is complete.
• Consultant agrees to waive its rights of recovery against the LPA. Waiver of Subrogation
in favor of the LPA shall be added to, or included in, the policy.
• Contractual liability coverage shall be on a broad form basis and shall not be amended
by any limiting endorsements.
• If work is being done near a railroad track, the 50' railroad right of way exclusion must be
deleted.
• In the event that this contract provides for consultant to construct, reconstruct or produce
a completed product, 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 years after final acceptance \ payment.
Project No. URB- 6462(1) EXHIBIT "C"
Control No. 22507 Sheet 1 of 3
Jackson St, 3` —River Rd, Blair
in favor of the LPA shall be provided.
Additional Requirements —
• Any insurance policy shall be written by a reputable insurance company acceptable to
the LPA or with a current Best's Insurance Guide Rating of A — and Class VII or better,
and authorized to do business in Nebraska.
• Evidence of such insurance coverage in effect shall be provided to the LPA in the form
of an Accord certificate of insurance executed by a licensed representative of the
participating insurer(s).
• For so long as insurance coverage is required under this agreement, the Consultant
shall have a duty to notify the LPA and the State of Nebraska Department of Roads
(State) when the Consultant knows, or has reason to believe, that any insurance
coverage required under this .agreement will lapse, or may be canceled or terminated.
The Consultant must forward any pertinent notice of cancelation or termination to the
LPA and to the State by mail (return receipt requested), hand - delivery or facsimile
transmission within 2 business days of receipt by Consultant of any such notice from an
insurance carrier. Copies of notices received by the Consultant shall be sent to the LPA,
in care of the LPA's Responsible Charge and to the State at the following address:
Nebraska Department of Roads
Construction Division — Insurance Section
1500 Highway 2, P. O. Box 94759
Lincoln, NE 68509 -4759
Facsimile No. 402 - 479 -4854
• 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.
• The Limits of Coverage's set forth in this document are suggested minimum limits of
coverage. The suggested limits of coverage shall not be construed to be a limitation of
the liability on the part of the consultant or any of its subconsultants /tier subconsultants.
The carrying of insurance described shall in no way be interpreted as relieving the
consultant, subconsultant, or tier subconsultant of any responsibility of liability under the
contract.
• If there is a discrepancy of coverage between this document and any other insurance
specification for this project, the greater limit or coverage requirement shall prevail.
Project No. URB- 6462(1) EXHIBIT "C"
Control No. 22507 Sheet 3 of 3
Jackson St, 3 rd — River Rd, Blair
FEES AND PAYMENTS
A. Payment Method. Payment under this agreement will be made based on Actual Costs
plus a Fixed Fee for profit
B. Total Agreement Amount. For performance of the services as described in this
agreement, the Consultant will be paid a fixed- fee -for- profit of $8,667.84 and up to a
maximum amount of $93,432.16 for actual costs as defined in paragraph "H" of this
section. The total agreement amount is $102,100.00. The Consultant's compensation
shall not exceed this maximum amount without prior written approval of the LPA.
C. Ineligible Costs. The LPA is not responsible 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 section of this agreement or as provided in a written
time extension notification.
D. Federal Cost Principles. For performance of Services under the terms of this
agreement, the Consultant will be paid subject to the terms of this agreement and all
requirements and limitations of the federal cost principles contained in the Federal
Acquisition Regulation (48 CFR 31).
E. Federal -aid. (2 -1 -12) 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 amount of the invoice. In the event of a dispute
between LPA and Consultant, the dispute resolution process of Section 18 herein shall
be used by the parties.
F. Subconsultant Over =runs and Under -runs. The Consultant shall require any
subconsultant to notify Consultant if at any time the subconsultant determines that its
costs will exceed its negotiated fee estimate. The Consultant shall not allow any
Project No. URB- 6462(1) EXHIBIT "D"
Control No. 22507 Sheet 1 of 7
Jackson St, 3` — River Road, Blair
Template Rev 2 -22 -12
subconsultant to exceed its negotiated fee estimate without prior written approval of the
LPA. The Consultant understands that the amount of any subconsultant cost under -run
will be subtracted from the total compensation to be paid to Consultant under this
agreement, unless prior written approval is obtained from the LPA and, when applicable,
FHWA.
G. Out of Scope Services and Consultant Work Orders. The LPA 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 the LPA decides that these
services require an adjustment in costs, the Consultant shall: (a) describe the proposed
services, (b) provide an explanation why Consultant believes that the proposed services
are not within the original scope of services and additional work effort is therefore
required, and (c) estimate the cost to complete the services. Consultant must receive
written approval from the LPA before proceeding with the out -of -scope services. Before
written approval will be given by the LPA, the LPA must determine that the situation
meets the following criteria:
• That the additional work is beyond the scope of services initially negotiated with
Consultant; and
• That the proposed services are within the scope of the Request for Proposal under
which Consultant was selected and contract entered into; and
• That it is in the best interest of the LPA that the services be performed under this
agreement.
Once the need for a modification has been established, a supplemental agreement will
be prepared.
If the additional work requires the Consultant to incur costs prior to execution of a
supplemental agreement, the LPA shall use the process set out below:
® The Consultant Work Order (CWO) — DR Form 250 shall be used to describe and
provide necessary justification for the additional the scope of services, effort, the
deliverables, modification of schedule, and to document the cost of additional
services. The CWO form is available on the Department of Roads website at
www. transportation. nebraska. gov /gov aff /lpa- guide- man.html #forms4 The CWO
must be executed to provide authorization for the additional work and to specify
when that work may begin. This agreement will be supplemented after one or more
CWOs have been authorized and approved for funding.
Project No. URB- 6462(1) EXHIBIT "D"
Control No. 22507 Sheet 2 of 7
Jackson St, 3�d — River Road, Blair
Template Rev 2 -22 -12
mileage associated with the use of a privately owned vehicle (POV), is limited
to the lesser of:
1) The mileage rate which the consultant reimbursed.to the person who
submitted the claim for POV use, or,
2) The prevailing standard rate as established by the IRS.
(b) Automobile Rentals and Air Fares will be actual reasonable cost and if
discounts are applicable the Consultant shall give the LPA the benefit of all
discounts.
(c) The reimbursement for meal and lodging rates shall be limited to the prevailing
standard rate as indicated in the current website address for U.S. General
Services Administration's (GSA) rates which is indicated below:
http: / /www.gsa.gov /portal /category /100120
1) For the. Consultant and its employees to be eligible for the meal
allowance, the following criteria must be met.
Breakfast:
a) Employee is required to depart at or before 6:30 a.m., or
b) Employee is on overnight travel.
Lunch:
a) Employee must be on overnight travel. No reimbursement for
same day travel.
b) Employee is required to leave for overnight travel at or before
11:00 a.m., or
c) Employee returns from overnight travel at or after 2:00 p.m.
Dinner:
a) Employee returns from overnight travel or work location at or after
7:00 p.m., or
b) Employee is on overnight travel.
Meals are not eligible for reimbursement if the employee eats within
20 miles of the headquarters town of the employee.
The Consultant shall note the actual lodging and meal costs in a daily diary,
expense report, or on the individual's time report along with the time of
departure to the project and time of return to the headquarters town. The total
daily meal costs must not exceed the GSA rates set out above.
(3) Overhead Costs include indirect labor costs, indirect non -labor costs, and direct labor
additives that are allowable in accordance with 48 CFR 31. Overhead 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 overhead rate. Overhead
Project No. URB- 6462(1) EXHIBIT "D"
Control No. 22507 Sheet 4 of 7
Jackson St, 3` — River Road, Blair
Template Rev 2 -22 -12
RESOLUTION No. 2012 - 7
SIGNING OF A PROFESSIONAL SERVICES AGREEMENT
COUNCIL MEMBER STEWART 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 fiords 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 wish to enter into a Professional Services
Agreement to provide preliminary engineering, NEPA documentation and final design services
for the Federal -aid project.
Be It Resolved: by the City Council of the City of Blair, Nebraska that:
James Realph, Mayor of the City of Blair, Nebraska, is hereby authorized to sign the attached
Preliminary Engineering, NEPA Documentation and Final Design Services Agreement between
the City of Blair, Nebraska and Felsburg Holt & Ullevig.
NDOR Project Number: URB- 6462(1)
NDOR Control Number: 22507
NDOR Project Description: Jackson St, 3 — River Rd, Blair
COUNCILMEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD.
UPON ROLL CALL, COUNCILMEMBERS STEWART, SHEPARD, KEPHART, RYAN,
CHRISTIANSEN, WOLFF AND JENSEN VOTING "AYE ", AND COUNCIL MEMBERS
NONE VOTING "NAY', THE MAYOR DECLARED THE FOREGOING RESOLUTION
WAS PASSED AND ADOPTED THIS 13th DAY OF MARCH, 2012.
CITY OF BLAIR, NEBRASKA
BY � —
S �4 rE. REA LPH, MAYO
2N :
A R. E LER, CITY CLERK
(SEAL)
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
13th day of March, 2012.
Ljj4zAiji�
BRENDA . WHEELER, CITY CLERK