2012-06RESOLUTION NO. 2012-6
ENGINEERING SERVICES AGREEMENT BK1174
SUPPLEMENTAL AGREEMENT NO. 1
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESO LUUION:
Whereas: City of Blair and The Schemmer Associates, Inc. have previously executed a
Construction Engineering Services Agreement for a transportation project for which the Local
Public Agency (LPA) would like to obtain Federal funds;
Whereas: City of Blair understands that it must continue to strictly follow all Federal, State and local
laws, rules, regulations, policies and guidelines applicable to the funding of this Federal -aid project; and
Whereas: City of Blair and The Schemmer Associates, Inc. wish to enter into a Supplemental
Construction Engineering Services Agreement setting out modifications and/or additional duties
and/or funding responsibilities for the Federal -aid project.
Be It Resolved: by the City Council of the City of Blair that:
James Realph, Mayor of the City of Blair, Nebraska is hereby authorized to sign the attached
Supplemental Construction Engineering Services Agreement, Supplement No. 1 between the City
of Blair and The Schemmer Associates, Inc.
City of Blair is committed to providing local funds for the project as required by the Project
Program Agreement and any Supplemental Project Agreements.
NDOR Project Number: ENH- 89(26)
NDOR Control Number: 22355
NDOR Project Description: Blair Depot in the Park
COUNCILMEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF.
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
ATTEST:
BRENDA R WHEELER, CITY CLERK
SEAL
A ES E. REALPH, MAYOR
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.
R /'
BRIENDA R. WHEELER, CITY CLERK
CITY OF BLAIR, NEBRASKA
THE SCHEMMER ASSOCIATES, INC.
PROJECT NO. ENH- 89(26)
CONTROL NO. 22355
BLAIR DEPOT IN THE PARK
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 The Schemmer Associates, Inc.,
hereinafter referred to as the "Consultant ".
WITNESSETH:
WHEREAS, LPA has completed or is in the process of completing plans, special
provisions, and standard specifications for the letting and construction of a federal -aid
transportation related project, and
WHEREAS,. LPA's federal -aid project is designated as Project No. ENH- 89(26), and
WHEREAS, LPA has selected Consultant from a pool of on -call consultants to furnish the
project construction engineering services (hereinafter the "Services ") identified in this agreement,
and
WHEREAS, solely for convenience, consistency and in an attempt to obtain federal
funding for the consultant services, the parties intend that this Task Order Agreement, herein
after referred to as Task Order, include some of the provisions of a March, 2010 Master
Agreement for on -call construction engineering services between Consultant and the State of
Nebraska, Department of Roads, .and
WHEREAS, LPA and Consultant wish to enter into this Task Order to specify the duties
and obligations of the parties for the Services described herein, 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 this Task Order 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.dor. state. ne. us /gov -aff /Ipa /Ipa- guidelines.pdf
and
WHEREAS,. Consultants primary contact person for LPA will be 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.
NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows:
SECTION 1. DEFINITIONS
The definitions set out on the attached Exhibit "D" are hereby incorporated by reference
into this Task Order as if fully set out herein.
SECTION 2. NOTICE TO PROCEED AND COMPLETION
The LPA will issue Consultant a written Notice -to- Proceed when LPA determines that
federal funding approval has been obtained for the project, and upon State concurrence that the
form of this Task Order is acceptable for federal funding eligibility. Any work or services
performed by Consultant on the project prior to the date specified in the written Notice -to- Proceed
is not eligible for reimbursement.
The Consultant shall complete all work under this Task Order within 45 calendar days
after the date of final acceptance of the project construction by the LPA. Any costs incurred by
Consultant after the completion deadline are not eligible for federal funding reimbursement
unless the Consultant has received an extension of time in writing from LPA and the LPA has
federal funding approval for the extension of time.
SECTION 3. SCOPE OF SERVICES
LPA and Consultant understand that the Services provided by Consultant must be
completed in accordance with all federal -aid reimbursement requirements and conditions. LPA .
and Consultant agree that the Scope of Services for this Task Order will be in two parts. Part
one of the Scope of Services is contained within the General Statement set. out below. Part two
of the Scope of Services is set out on the document attached hereto as Exhibit "E ", entitled
Scope of Services and Fee Proposal, which is hereby fully incorporated herein and made a part
hereof by this reference. Exhibit "E" is the result of the following process:
(1) LPA provided Consultant with a document describing the detailed proposed Scope
of Services for this project
(2) Consultant made necessary and appropriate proposed additions, deletions, and
revisions to LPA's detailed Scope of Services document
(3) LPA and Consultant together reviewed the proposed Scope of Services, the
proposed revisions and negotiated the final detailed Scope of Services and Fee
Proposal document, which is attached as Exhibit "E ".
Project No. ENH- 89(26) -2-
Control No. 22355
Blair Depot in the Park
(4) On all construction projects, the Consultant shall develop an Environmental
Compliance Checklist to track and record oversight of the environmental
commitments. The Consultant shall develop a Proiect Commitment Checklist to
track and record oversight of project specific commitments involving right of way,
railroad, access, special provisions, etc. These checklists shall ve developed by
and maintained by the Consultant.
Consultant and LPA have agreed that Exhibit "E" sets out the Services reasonably
necessary and the costs reasonably estimated for Consultant Services to adequately observe,
monitor, inspect, measure, manage, document and report so that LPA's project is constructed by
the contractor in compliance with the Construction Contract Documents (definition below), the
Manuals (definition below), State and Federal law, rule or regulation and policy. The Consultant
agrees to provide the services listed on Exhibit "E" for Project No. ENH- 89(26), Control No.
22355, in Washington County, Nebraska.
General Statement: The Consultant services generally include, 'but are not limited to,
project management, construction engineering, pre- construction staking, traffic control plans,
conducting the preconstruction conference, staking and inspection and materials sampling and
testing during project construction, monitoring environmental commitments, preparing as -built
plans, progress computations, final computations, preparing contractor change orders, and work
orders, and the necessary communication to insure project eligibility.
The Consultant shall review and have a working knowledge of the project plans, special
provisions, standard specifications (the Standard Specifications for Highway Construction of
NDOR (Current Edition), change orders and all other project related contract documents for the
construction of LPA's Federal -Aid project. The project plans, special provisions, standard
specifications, and other contract documents are hereby incorporated by reference into this
agreement, as if they were fully set forth herein, and collectively, may be referred to as the
Construction Contract Documents. Consultant shall assume the duties of "Inspector ", (also
referred to in the NDOR Construction Manual as "Construction Technician "); "Project Manager;"
and also "Engineer" (unless the context of use of the term "Engineer" would otherwise require),
as those terms are defined and duties set out in the Standard Specifications for Highway
Construction (2007 Edition). Consultant shall assume that it is responsible for all duties of the
"Engineer" unless notified otherwise by RC on behalf of LPA.
Project No. ENH - 89(26) -3-
Control No. 22355
Blair Depot in the Park
Additionally, Consultant shall review and have a working knowledge of the following
authoritative guides and manuals related to highway construction, materials and federal aid
reimbursement:
(1) NDOR Construction Manual - Current Edition
(2) Materials Sampling Guide
(3) Standard Methods of Tests — 2006
(4) The LPA Manual
(5) The Manual on Uniform Traffic Control Devices
These documents are hereby incorporated herein' reference as if fully set forth, and
these documents, collectively, may be referred to as the Manuals. Unless required otherwise by
the Construction Contract Documents, Consultant shall be responsible for timely completion of
all applicable checklists, tests, samples, duties, requirements and provisions.of the Manuals.
The Manuals will be used to determine what, when, how, the sequence, and other details of the
work that must be provided by Consultant, whenever Consultant's duties in these respects are
not clearly set out in the Construction Contract Documents. Consultant shall employ a sufficient
D
number of qualified employees on the project to adequately observe, monitor, inspect, measure,
manage, document, report and carry out the other duties of this agreement, so that the project is
constructed by the contractor in compliance with the Construction Contract Documents, the
Manuals, State and Federal law, rule or regulation and policy. Consultant shall fulfill all contract
duties of inspection, project management and construction engineering for the project in a timely
manner and shall communicate regularly about the progress of the construction with the LPA,
through the RC, and, when appropriate for federal funding or eligibility issues, the State
representative.
The Consultant shall be present at the project site when appropriate for each applicable
phase of construction to inspect, observe, monitor, measure, manage, document and report on
the progress•of the work or as otherwise specifically agreed to by the LPA.
The parties understand that the Consultant is not responsible for the Contractor's means
and methods of construction. To the extent the Construction Contract Documents and the
Manuals specify sequencing of work, equipment requirements, or other construction methods,
the Consultant shall keep the Owner's RC informed about the progress and quality of the
portion of the work and shall advise the RC about observed or measured deficiencies in the
work.
Project No. ENH- 89(26) -4-
Control No. 22355
Blair Depot in the Park
SECTION 4. FEES AND PAYMENTS
The general provisions concerning 'payment under this Task Order are set out on the
attached Exhibit "F ". The following provisions also apply:
A. For performance of the professional Services listed on.the attached Scope of
Services and Fee Proposal for the project covered by this Task Order, the
Consultant will be compensated for actual work performed up to a maximum of
$94,625.39. The Consultant's compensation shall not exceed the maximum without
prior written approval of the LPA. For the labor work, the Consultant shall be
compensated for acceptable costs in accordance with paragraph "D" of the attached
Exhibit "F ". Compensation for direct non - salary costs will be in accordance with
paragraph "E" of the attached Exhibit "F ". Progress and final payments will be based
on receipted invoices or certified billings and compensation will be in accordance
with 48 CFR 31.
B. Occasionally, the conditions of this Task Order may change. This may be due to a
change in scope which may require an adjustment of costs. In order to justify the
need to modify this contract, the LPA must first 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 Task Order.
Once the need for a modification has been established, a Consultant Work Order
will be prepared. The Consultant Work Order has been established to provide for
costs to be incurred for additional work prior to execution of a supplemental
agreement. The LPA shall use the process set out below:
® Consultant Work Order.-- DR Form 250, Exhibit "G" attached hereto and
hereby made a part of this agreement, 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. The Work Order must be executed to provide authorization
Project No. ENH- 89(26) -5-
Control No. 22355
Blair Depot in the Park
for the additional work and to specify when that work may begin. The Task
Order will be supplemented after one or more Work Orders have been
authorized and approved for funding. See Chapter 4 of the LPA Manual for
the process to supplement the Task Order.
Services beyond the negotiated scope of services or fee proposal performed prior to the
notice to proceed date will not be eligible for payment or for reimbursement with Federal funds.
SECTION 5. CONSULTANT TEAM MEMBERS
The Consultant has furnished a document containing a complete list of all Consultant's
personnel who could possibly be involved in providing the Services required by this Task Order,
along with each person's work classification and established hourly pay or labor rate. Also
noted on this document are the names of the key personnel previously identified in a separate
agreement between Consultant and the State of Nebraska. A true and correct copy of this
document is attached hereto as EXHIBIT "B," and is incorporated into this Task Order by this
reference. The labor rates set out on Exhibit "B" shall be used for payment in this Task Order.
The labor rates invoiced by the consultant will be verified through the audit process. Consultant
may make changes to the list of non -key personnel so long as any employee added to the list is
qualified to perform the intended work.
The Consultant has also provided LPA with a document that identifies the employees
from Exhibit "B" who LPA and Consultant agree will be part of the primary team for this project.
The primary team is expected to be directly responsible for providing the field services for the
work under this Task Order. This document shall specify the role that will be assigned to each
member of the primary team. This document is attached hereto as EXHIBIT "H" and is
incorporated herein by this reference. The primary.team will include at least one person
identified as a key person on Exhibit "B ". During construction, 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.
SECTION 6. GENERAL REQUIREMENTS:
A. The Consultant shall advise the LPA when it appears any Disadvantaged Business
Enterprise (DBE) working on the project is in need of assistance.
B. The Consultant shall make every effort to assist the Contractor or any Subcontractor in
interpreting Project Plans, Special Provisions, Standard Specifications, other
Construction Contract Documents., or the Manuals.
Project No. ENH- 89(26) -6-
Control No. 22355
Blair Depot in the Park
C. The Consultant will be present at the project site or at LPA's Offices beginning on the
date specified in the LPA's notice to proceed to the contractor, unless project work has
not begun at the site, or, with at least 24 hours notice, at any prior date (1) when
contract work begins or when materials are delivered. to the project that need to be
tested, sampled or inspected to verify conformance to the requirements of the
Construction Contract Documents, or (2) when requested by LPA.
D. The performance of all work under this agreement will be.subject to the review and
approval by the LPA, with the right of review by the State or the FHWA.
E: All reports of field tests performed by the Consultant will be submitted weekly to the
LPA (one copy) and the State Representative (two copies). Consultant will take
appropriate action to reject or remedy the work or materials that do not conform with
the contract documents.
F. The Consultant shall comply with all Federal, State and local laws, rules or regulations,
policies or procedures, and ordinances applicable to the work contemplated in this
Task Order.
G. Project time delays attributed solely to the Contractor or LPA, will constitute a basis for
a request for an equivalent extension ,of time for the Consultant. The parties
understand that federal reimbursement of extra compensation must be approved in
advance as described in the Fees and Payments Section of this Task Order.
H. The sampling and testing type, method and frequency must be completed by
Consultant according to the current State of Nebraska Manuals, including the Materials
Sampling Guide and the State Standard Methods of Tests (www.dor. state. ne.us), and
the Construction Contract Documents, or as directed by LPA. For sampling or testing
issues or situations that are not covered in the Construction Contract Documents or the
Manuals, Consultant shall notify LPA, provide its advice and request that LPA decide
what testing'type, method or frequency should be applied for this project. 'Any test
methods* or procedures that are proposed to be used and are not covered by NDOR
procedures must receive prior concurrence for use from NDOR and FHWA.
SECTION 7. OWNERSHIP OF DOCUMENTS
The diaries, reports, field books, shop drawings, surveys, plans, specifications, maps,
computations, charts, and electronic project data and all other project documents prepared or
obtained by Consultant under the Task Order are the property of the LPA. The Consultant shall
deliver these documents to the LPA at the conclusion of the project for inclusion in the LPA's
Project No. ENH- 89(26) -7-
Control No. 22355
Blair Depot in the Park
federal -aid project file. After the project is completed, if requested by Consultant, Consultant will
be provided access to LPA's federal -aid project file.
State acknowledges that such data may not be appropriate for use on an extension of the
work covered by this agreement or on other projects. Any use of the data for any purpose other
than that for which it was intended without the opportunity for Consultant to review the data and
modify it if necessary for the intended purpose will be at the State's sole risk and without legal
exposure or liability to Consultant.
Further, Consultants' time sheets and payroll documents shall be kept in Consultants' files
for at least three years after the project acceptance by FHWA.
SECTION 8. PROFESSIONAL PERFORMANCE
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 work product, will not be
considered to be a full and comprehensive examination and will not be considered approval of
the Consultant's work product which would relieve the Consultant from liability or expense that
would be connected with the Consultant's sole responsibility for the propriety and integrity of the
professional work to be accomplished by the Consultant pursuant to this Task Order. The
Consultant further understands that acceptance or approval of any of the work of the Consultant
by the LPA or concurrence by the State /FHWA 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 work. That further,
if due to error, omission, or negligence of the Consultant, the work product of the Consultant is
found to be in error or there are omissions therein revealed during or after the construction of
the project and revision, reconsideration or reworking of the Consultant's work product is
necessary, the Consultant shall make such revisions without expense to the LPA. The
Consultant shall respond to the notice of any errors, omissions or negligence within 24 hours
and give immediate attention to necessary corrections. If the Consultant discovers errors. in its
work, it shall notify the *LPA of the errors within 24 hours. Failure of the Consultant to notify the
LPA will constitute a breach of this Task Order.
Project No. ENH- 89(26) -8-
Control No. 22355
Blair Depot in the Park
SECTION 9. CHANGE OF PLAN ABANDONMENT SUSPENSION AND TERMINATION:
The LPA has the absolute right to abandon, suspend or terminate the Task Order or to
change the general scope.of work 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 change of plan, abandonment, suspension, or termination. Any necessary
change in Scope of Services shall follow the Consultant Work Order Process outlined in the Fee
and Payment Section above. -
If the LPA abandons the work, subtracts from the work, suspends the work or terminates
the work.as presently outlined, the Consultant shall be compensated in accordance with the
provisions of 48 CFR 31, provided however, that in case of suspension, abandonment, or
termination for breach of this Task Order, the LPA will have the power to suspend payments,
pending the Consultant's compliance with the provisions of this Task Order. Payment to
Consultant will be prorated based on the percentage of work completed by the Consultant prior
to abandonment or termination compared to the total amount of work contemplated by this Task
Order.
The ownership of all of Consultant's project documents completed or partially completed
at the time of such termination or abandonment will be the property of the LPA. The Consultant
shall immediately. deliver all documents to the LPA. All reports, records, results and working
papers arising from the work of the Consultant will be the property of the LPA. The Consultant
shall not release or make use of same for any purpose whatever without the specific written
permission of the LPA. The Consultant will be compensated for any leased or rented
equipment required on the project for the remaining time of a lease or rental contract up to a
maximum time of thirty days from the date of written suspension or termination, less any credit
the Consultant receives from the lessor, provided that the Consultant cannot utilize the
equipment on another project.
SECTION 10. SECTIONS INCORPORATED BY REFERENCE:
For the convenience of the parties, for consistency for funding review, and in an effort to
reduce the length of this agreement, LPA and Consultant agree to be bound by and hereby
incorporate by this reference as if fully set forth herein, Sections 5, 6, 10 through 13 and 15
through 22 of the Master Agreement for on -call construction engineering services for LPA
projects between the Nebraska Department of Roads and Consultant, dated March, 2010, with
one recurring change:
Project No. ENH- 89(26) -9-
Control No. 22355
Blair Depot in the Park
The name of LPA should be substituted in for any reference in that agreement to State,
State of Nebraska, Director or the Nebraska Department of Roads, unless the context
would otherwise require. The LPA and Consultant agree to meet the requirements of all
incorporated provisions and represent that by signing this Task Order, they expressly
certify to any required certifications contained in those provisions. Although some of the
provisions of Master Agreement are incorporated herein by reference, it is
understood that the Nebraska Department of Roads is not a party to this Task
Order and shall have no obligations or duties under this agreement.
SECTION 11. RESPONSIBILITY FOR CLAIMS AND LIABILITY (INSURANCE)
The Consultant agrees to save harmless the LPA and State /FHWA from all claims and
liability due to the error, omission or negligence of the Consultant or those of the Consultant's
agents or employees in the performance of work under this agreement. In this connection, the
Consultant shall for the life of this agreement, carry insurance as outlined in Exhibit "C to this
Task Order, the requirements of which are hereby made a part of this agreement.
SECTION 12. LPA CERTIFICATION
By signing this agreement, I, James Realph, 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.
acknowledge that this certification is to be furnished to the FHWA, upon their request, in
connection with this agreement involving participation of Federal -Aid highway funds and is
subject to applicable state and federal laws, both criminal and civil.
SECTION 13. 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 between LPA and
Consultant, either oral or written hereto.
Project No. ENH- 89(26) _10-
Control No. 22355
Blair Depot in the Park
IN WITNESS WHEREOF, the parties have caused these presents to be executed by their
proper officials thereunto duly authorized as of the dates below indicated.
STATE OF NEBRASKA)
)ss.
DOUGLAS COUNTY )
After being duly sworn on oath, I-do hereby state that I am authorized to sign this
Task Order for the firm.
EXECUTED by the Consultant on 2 ( , 2011.
THE SCHEMMER ASSOCIATES, INC.
Stev ' Kathol
Pr pal
Subscribed and sworn to before me this o2 day of bece,h 6 eY , 2011.
GENERAL NOTARY - State of Nebraska '
441 ti„ GRACE I. STODDARD My Comm. Ezp. Aug. 9, 2012
Notary Public
EXECUTED by the LPA on Dec-if fa J3 , 2011.
CITY OF BLAIR
James Realph
Subscribed and sworn to before me this 1 3 day of 1 J ( C -ei4je 1 2011.
Clerk
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Form of Agreement Approved for
Federal Funding Eligibility:
Date
Project No. ENH- 89(26) -
Control No. 22355
Blair Depot in the Park
Schemmer Associates
EXHIBIT "B"
SHEET 1 of 2
Authority to execute contracts on behalf of firm. Responsible for corporate level, firm
PR - Principal
wide or branch office level policy implentation, business plan development and
implementation, Vice- President or higher, lead firm resource for conflict /problem
resolution, Licensed Professional Engineer in Nebraska
Demonstrated competency in performing complex engineering design and senior
construction inspector tasks. Manages activities of engineering design team / on -site'
PM - Project
construction inspection staff, including engineers & technicians. Manages Quality.
Ma
Manager
Assurance requirements on one or more design /construction engineering projects.
Provides primary communication with client on status of details of
design /construction project. Resource for conflict /problem resolution. BS in
engineering, construction management or related field.
Competent in complex transportation engineering design tasks and construction
PE - Professional
inspector tasks, oversees the activities of design /field team of technicians and
Engineer
inspectors. Prepares /oversees preparation design /field engineering reports.
Resource for conflict /problem resolution. Possesses bachelor's degree in
Engineering. Licensed Professional Engineer in Nebraska.
Competent in basic transportation engineering design tasks and construction
Ell - Engineer Intern
inspector tasks. Performs the activities of design /field technicians and inspectors.
Prepares design /field engineering reports. Possesses bachelors degree in Engineering
and completion of Fundamentals of Engineering (FE) Examination
Performs basic transportation engineering design tasks and preparing detailed
CAD Tech - CAD
construction plans for transportation design projects. Assists with preparation of
Designer /Technician
design engineering reports. Possesses high school diploma or equivalent.
Prepares detailed construction plans for transportation design projects. Prepares
Drafter
project displays for public information on transportation projects. Possesses high
school diploma or equivalent.
Prepares project correspondance, invoicing, scheduling coordination. Maintains
C - Clerical
document filing systems for transportation projects. Possesses high school diploma
or equivalent.
Directs work of a survey team, and competent in providing a work product described
Survery Crew Chief
under the 'Surveyor'work classification shown below. Registered as a Land Surveyor
by the Nebraska State Board of Examiners for Land Surveyors. .
Work effort includes gathering precise measurements to identify all physical features
on a site for use in the planning, design and construction of engineering projects.
Includes route surveys for transportation facilities, topographic surveys to determine
the relief of a particular tract of land, and hydrographic surveys to determine the
Surveyor
shore and banks of bodies of water and depths of particular points. Includes the
. determination of boundaries of tracts of land or the measurement of the lengths and
directions of lines forming the, boundaries of the tract and the writings of descriptions
of land areas for conveying purposes.
Conducts field testing procedures for construction materials at roadway and bridge
Insp 1- Inspector 1
construction sites. Completes related reports documenting tests performed,
prepare /deliver samples to testing laboratory. '
Competency in all Field Technician tasks, conduct on -site inspections of construction
methods and materials including soil placement and compaction, concrete quality,
Insp 2 - Inspector 2
placement, and reinforcing steel, and masonry. Documents inspection results in
SiteManager. Communicate results to construction site management.
EXHIBIT "B"
SHEET 1 of 2
KEY EMPLOYEE EMPLOYEE CLASSIFICATION EMPLOYEE NAME LABOR RATE
PR - Principal
Steve Kathol
Charly Huddleston
54.47
64.03
x PM - Project Manager
Doug Holle
45.16
x PE- Professional Engineer
Darin Brown
34.16
PE - Professional Engineer
Mark Lutjeharms
45.68
PE - Professional Engineer
Ron Woracek
42,87
PE - Professional Engineer
Matt Sutton
45.28
PE - Professional Engineer
Brock Beran
35.37
PE - Professional Engineer
Todd Cochran
42.32
PE- Professional Engineer
Marie Stamm
35.14
PE- Professional Engineer
Joel Rossman
44.48
CAD Tech - CAD Designer /Technician
Megan Starner
14.25
Drafter
C - Clerical
Dawn Kirchert
14.25
C - Clerical
Jill Laferriere
18.30
x Survey Crew Chief
Mark'Fredrickson
36.67
Surveyor
Cory Gross
28.63
Surveyor
Pat Kirk
25.05
Surveyor
Joe Hendricks
19.92
Surveyor
James Cantrell
24.30 ,
Insp 1- Inspector 1
x Insp 2 - Inspector 2
Brad Elting*
25.70
Insp 2 - Inspector 2
Terry Nocita
20.36
Insp 2 - Inspector 2
Adam Sleeper
25.25
Insp 2 - Inspector 2
Jon Mooberry*
25.50
Insp 2 - Inspector 2
Don Barry
20.49
Insp 2 - Inspector 2
Mike Fortenbury
39.88
Insp 2 - Inspector 2
Rick Tighe
37.15
Insp 2 - Inspector 2
Brett Drain
25.13
Insp 2 - Inspector 2
_
Lora Klostermann 43.13
Insp 2 - Inspector 2
Heath Cutler 22,25
Insp 2 - Inspector 2
Jon Goldie 23.68
�I lulIuUi 11 iaNectU1
EXHIBIT ".B"
PDV6 - HZ '
SHEET 2 of 2
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 and payment.
Project No. ENH- 89(26) EXHIBIT "C"
3
Control No. 22355 Sheet 1 of 3
Blair Depot in the Park
® Policy shall not contain a total or absolute pollution exclusion. Coverage shall be
provided for pollution exposures arising from products and completed operations (as per
standard CG0001 Pollution Exclusion or equivalent). (If the standard pollution exclusion
as provided by CG0001 has been amended, please refer to the following section entitled
"Pollution Coverage. ")
• Pollution Coverage —
• In the event that the standard pollution exclusion as provided by CG0001 has been
amended, coverage may be substituted with a separate Pollution Liability policy or a
Professional Liability policy that includes pollution coverage in the amount of $1.0 million
per occurrence or claim and $1.0 million aggregate. If coverage is provided by a "claims
made" form, coverage will be maintained for three years after project completion. Any
applicable deductible is the responsibility of the Consultant.
Automobile Liability —
Limits of at least: $ 1,000,000 CSL Per Accident
® Coverage shall apply to all Owned, Hired, and Non -Owned Autos.
Workers' Compensation —
Limits: Statutory coverage for the State where the project is located.
Employer's Liability limits: $100,000 Each Accident
$100,000 Disease — Per Person
$500,000 Disease — Policy Limit
® 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
Professional Liability —
Limits of at least: $ 1,000,000 Per Claim and Annual Aggregate
® Coverage shalt be provided for three years after work /project completion.
Electronic Data and Valuable Papers —
Limits of at least: $100,000 Electronic Data Processing Data and Media
$25,000 Valuable Papers
Umbrella /Excess —
Limits of at least: $1,000,000 Per Occurrence and Annual Aggregate
• Policy shall provide liability coverage in excess of the specified Employers Liability,
Commercial General Liability and Auto Liability.
• The LPA, shall be an "Additional Insured ".
Consultant agrees to waive its rights of recovery against the LPA. Waiver of subrogation
Project No. ENH- 89(26) EXHIBIT "C"
Control No. 22355 Sheet 2 of 3
Blair Depot in the Park
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. ENH- 89(26) EXHIBIT "C"
Control No. 22355 Sheet 3 of 3
Blair Depot in the Park
Wherever in this Task Order the following terms are used, they will have the
following meaning:
"CONSULTANT" means The Schemmer Associates, Inc. and any employees
thereof, whose business and mailing address is 1044 N 115 Street, Suite 300,
Omaha, NE 68154, and
"LPA" for this agreement LPA means the City of Blair, Nebraska. In this
agreement, LPA may also refer generally to a Local Public Agency. 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 Federal -Aid Projects, 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 Task .
Order 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.
"DOT" means the United States Department of Transportation,
Washington, D.C. 20590, acting through its authorized representatives.
Project No. ENH- 89(26) EXHIBIT "D"
Control No. 22355 Sheet 1 of 2
Blair Depot in the Park
"STATE REPRESENTATIVE" means an employee of the State assigned by
the State to observe whether the LPA's project'meets the eligibility requirements for
federal funding and to provide technical assistance when requested by the LPA, in
LPAs efforts to comply with requirements for Federal -aid funded local projects.
To "ABANDON" the Task Order means that the State has determined that
conditions or intentions as originally existed have changed and that the Task Order
as contemplated herein is to be renounced and deserted for as long in the future as
can be foreseen.
To "SUSPEND" the Task Order means that the State has determined that the
conditions or intentions as originally existed have changed and that the Task Order
as contemplated herein should be stopped on a temporary basis. This cessation
will prevail until the State determines to abandon or terminate the. Task Order or to
reinstate it under the conditions as defined in this Task Order.
To "TERMINATE" or the "TERMINATION" of this Task Order is the cessation
or quitting of this Task Order based upon action or failure of action on the part of
the Consultant as defined herein and as determined by the State.
A "TASK ORDER" is a separate agreement between an LPA and Consultant
for Services on a specific LPA project.
Project No. ENH- 89(26) EXHIBIT "D"
Control No. 22355 Sheet 2 of 2
Blair Depot in the Park
11/8/11
Blair Train Depot
Construction Phase Scope of Services
Project No. ENH- 89(26)
Control No. 22355
Project Management
• Review and assign staff as appropriate for the construction phase, monitor
project budget, prepare project progress reports and invoices, identify out -
of -scope work prior to the work occurring.
• Monitor construction progress
• Review Contractors Construction Schedule
Pre - Construction Meeting
o Schemmer to prepare for, conduct and document the pre - construction
meeting. (attended by four Schemmer employees)
Weekly Progress Meetings
o Schemmer to conduct construction progress meetings on a weekly basis
to be attended by the civil site or building inspector. It is assumed to hold
26 weekly progress meetings during-the project.
Coordination with Owner
o Inspector will conduct miscellaneous coordination with Owner each week.
Coordination with Contractor
o Inspector will conduct miscellaneous coordination with Contractor each
week.
Pay Estimates
o Schemmer to prepare, review and approve pay estimates in Site.Manager
according to the standard specifications monthly. It is assumed 12 pay
estimates will be required during the project.
Certified Payroll Collection and Review
o Schemmer to collect and organize the certified payrolls for the prime and
subcontractors. Schemmer shall conduct spot checks on payrolls and
conduct random wage interviews of contractor employees. Scope
assumes 26 weeks of payrolls will be collected.
Project Review and Preparation
o Schemmer to review plans, prepare internal file organization structure,
visit site, take pre - construction photos, etc.
Page 1
Exhibit "E"
11/8/11
Civil /Site Construction Phase Services
Traffic Control Plan
o Schemmer to prepare a traffic control plan for the project site. For this
scope, it is assumed one traffic control plan will be prepared during the
project.
Construction Observation
o Verify the performance of the work is in general conformance with the
plans and specifications
o Monitor construction activities for compliance with NEPA permitting
(Wetlands 404, Flood Plain, NPDES, etc.)
o Complete Environmental Compliance Checklist
o Review work zone traffic control devices daily during the civil /site
construction except during winter shutdown period when it's assumed no
traffic control is in place.
o Collect and file all delivery tickets and material certifications
o Review the suitability and acceptance of the material incorporated in the
work
o Measure and calculate quantities of pay items
o Review change order or time extension request and forward to RC
o Additional inspection due to change orders is not included in this scope of
services.
o Assume 45 trips to the site for observation.
The tasks and associated work hours are based the assumption the trail
inspection will take 45 days. The inspector will be on -site 1 hour per day.
Shop Drawing Review
o Schemmer shall review shop drawings.
Construction Consultation (Coordination with designer)
o The City to conduct this task.
Site Manager Diaries and Daily Work Reports
o Schemmer inspector shall document daily contractor activities in Site
Manager as well as prepare daily diaries in Site Manager. Items include
progress and activities of contractors, measured quantities, controlling
operation and hours worked on the. controlling operation and other events
that take place each day.
Perform Material Sampling and Testing
o Perform material sampling and testing in accordance with the NDOR
Materials Sampling Guide
Page 2
Exhibit "E"
11/8/11
• Detailed breakdown of estimated tests is included in the summary of hours
for testing.
• Request and place into Site Manager material certifications, test results
and other certifications as required by the NDOR Materials Sampling
Guide.
• Assume 6 trips to -the site and 2 trips to the plant for concrete plant testing.
Project Closeout
o Assist RC with compiling project construction records as requested.
Scope assumes no material certifications will be required for the building.
Final Inspection
o Conduct a final project walk- through with RC and* NDOR representative
Construction Staking
• Provide coordination of staking needs with Contractor.
• Recover and check existing survey control used during the preliminary
engineering.
o Mark removal limits.
• Provide rows of paving hubs at 25' intervals for trail. Stake radius points,
end of returns and high and low points.
• For inlets, storm pipe and culverts, consultant will stake the line and grade
stakes on an offset consisting of 2 stakes of line and grade at each
structure.
• Assume 3 trips to the site.
• All items will be staked one time. Re- staking will be considered out -of-
scope. Schemmer will invoice the Owner for the re- staking and the fee for
re- staking will be withheld from Contractor payment.
Architectural /Building Construction Phase Services
RFI Action
o Architect will respond within 5 working. days of receipt of RFI. It is
estimated there will be 20 RFI's during this project.
Construction Work Order Directives
o. Architect may issue a Work Order, signed by the RC, NDOR and FHWA,
instructing the contractor to proceed with a change in the Work, for
subsequent inclusion in a change order. It is estimated there will be 3
work orders during this project.
Change Orders
o It is estimated there will be 1 change order during this project.
Page 3
Exhibit "E"
11/8/11
Mock -up approval
o Review as required during Construction. Review for the limited purpose of
checking for conformance with information given and the design concept
expressed in the contract documents. Mock -up will be submitted to the
RC for final acceptance. It is estimated there will be10 mock -ups in the
project.
Shop Drawing /Sample approval
o Review as required during Construction. Review for the limited purpose of
checking for conformance with information given and the design concept
expressed in the, contract documents. Samples will be submitted to the
RC for final acceptance. It is estimated the project will include 30 shop
drawings or sample approvals.
Site Manager Diaries and Weekly Work Reports
o Schemmer building observer shall document weekly contractor activities in
Site Manager as well as prepare weekly diaries in Site Manager. Items
include progress and activities of contractors, controlling operation and
hours worked on the controlling operation and calendar days charged
each day. It is assumed 50 work reports will be input into site manager.
Construction Observation
• Verify the performance of'the work is in general conformance with the
plans'and specifications
• Review Contractor pay request for determination of building progress to
develop progress payment.
• Additional observation. due to change orders is not included in this scope
of services.
Record Drawings
o The Architect will review as- constructed drawings provided by the
Contractor for the Architectural /Building construction. The Architect will
hand draft the drawings provided by the Contractor if necessary to
produce a clean set of drawings on bond paper to serve as record
drawings. While the information provided by the Contractor and
incorporated by the Architect/Engineer into the record drawings will be
assumed to be reliable, the Architect/Engineer will not be responsible for
the accuracy of the information, nor for errors or omissions which may
appear in the.record documents as a result.
Post - Construction Inspection
o Pre -final walkthrough /Punchlist
o Architect will make visual observation of project in company with Owner,
Contractor and NDOR to determine acceptance.
Page 4 ,
Exhibit "E"
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EXHIBIT v'Fvv
The followinq requirements will apply to each' Task Order with the LPA:
A. For performance of the work as outlined in this Task Order, the consultant will be
compensated for actual work performed up to a maximum of $94,625.39. "" The
Consultant's compensation shall not exceed this maximum without prior written
approval of the LPA. For the labor work, the Consultant shall be compensated for
acceptable costs in accordance with paragraph "D" of this section. Compensation
for direct non - salary costs will be in accordance with paragraph "E" of this section.
B. The Consultant shall not receive reimbursement for any costs incurred
by the Consultant prior to the Notice -to- Proceed date or after the
completion deadline date stated in the Task Order with the LPA.
C. Progress and final payments will be based on receipted invoices or certified billings
and compensation will be in accordance with 48 CFR 31. Final payment will be
based on an audit to be performed by the State at the conclusion of the work.
D. Acceptable Costs: Under this Task Order, the acceptable costs will consist of the
wages, overhead costs, and a Fee for Profit for employees' time they are working
directly on the project.
(1) Wages are defined as the actual hours an employee works directly on the
project multiplied by the established labor rates, as shown on Exhibit "B"
(a) Time records The hours charged to the project must be supported by
adequate time distribution records. The records must clearly indicate
the distribution of hours to all activities on a daily basis for the entire
pay period, and there must be a system in place to ensure that time
charged to each activity is accurate.
(b) Hourly Rates: The hourly rates.to be used in this Task
Order shall be the rates set out in Exhibit "B ".
(c) Annual adjustments: The hourly rates and personnel list
for this Task Order may be reviewed and adjusted
annually beginning one (1) year after full execution of the
Master Agreement. Adjustment to the hourly rates and
personnel list will be accomplished by a supplemental
agreement to the Master Agreement. These adjusted rates
and personnel lists shall be used for future Task Orders
Project No. ENH- 89(26) EXHIBIT "F"
Control No. 22355 Sheet 1 of 5
Blair Depot in the Park
but shall not be used to amend previously executed Task
Orders.
(2) Overhead Costs include indirect salary costs, indirect non - salary costs, and
direct salary 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 (wages). The Consultant will be allowed to charge the project
using its actual allowable overhead rate for the year the project labor was
incurred. Overhead rate increases which occur during the project period will
not be cause for an increase in the maximum amount established in
paragraph A of this Exhibit. When an audit is performed by the State at the
completion of the work, the actual allowable overhead rate for the year the
project labor was incurred will be applied to the direct labor costs (wages) for
that year. 'If a particular year's actual overhead has not yet been computed or
approved by the State, the most recent years' accepted rate will be applied.
The audit may result in additional funds'due the Consultant or a cost due
from the Consultant to the State.
(3) Fee for Profit is calculated by multiplying the sum of the wages and overhead
costs billed by the negotiated fee for profit rate of "12.90 % ". The consultant
will be paid a "fee for profit" for only the services completed at the time the
services are fulfilled.
E. Direct Non - Salary Costs Charges in this category include actual allowable
expenses for personnel away from their base of permanent assignment,
communication costs, document reproduction and printing costs, computer charges,
special equipment and materials required for the project, special insurance
premiums if required solely for this Task Order, and such other similar items.
A non -salary cost cannot be.,charged as a direct cost and also be included in
the Consultant's overhead rate. If, for reasons of practicality, the consultant is
treating a direct non - salary cost category, in its entirety, as an overhead cost, then
costs from that category are not eligible to be billed to this project as a direct
expense.
Payment for. eligible direct non - salary costs must be made on receipted
invoices whenever possible, or on certified billings of the Consultant. For purposes
of standardization on this Task Order, the following expenses will be reimbursed at
actual costs, not to exceed the rates as shown below.
Project No. ENH- 89(26) EXHIBIT "F"
Control No. 22355 Sheet 2 of 5
Blair Depot in the Park
(a) The reimbursement for vehicle mileage associated with the use of
company owned vehicles shall be the prevailing standard rate as
established by the Internal Revenue Service (IRS) through its Revenue
Procedures. For vehicle mileage associated with the use of a privately
owned vehicle (POV), reimbursement 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 Fare will be actual reasonable cost giving the
State all discounts.
(c) The reimbursement for meal and lodging rates shall be 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
Project No. ENH- 89(26) EXHIBIT "F"
Control No. 22355 Sheet 3 of 5
Blair Depot in the Park
time of departure to the project and time of return to the headquarters
town. The total daily meal costs must not exceed the rate indicated in (c)
above. When requested by LPA or State, the Consultant.will provide a
copy of the meal receipts.
F. The Consultant shall, submit invoices to the LPA at a minimum of monthly intervals
and in accordance with the "LPA Procedure for Processing Invoices" located on the
State's webpage at: www. transportation. nebraska .gov /qov- aff /downloads.htm
The invoices must present acceptable direct labor, actual overhead, actual
direct non - salary costs, as well as fee for profit. The invoices must identify each
employee by name and classification, the hours worked, and each individual's
acceptable labor cost applying the labor rates stated in Exhibit "B ". - Direct non -
salary expenses must be itemized and provide a complete description of each item
billed. See LPA Guidelines Manual for Federal -Aid projects, Chapter 13,
Section 13.3, paragraph 4, for additional requirements.
Each monthly invoice must be substantiated by a progress report which is to
include /address, as a minimum:
1. A description of the work completed for that period
2. A description of the. work anticipated for the next pay period
3.. Information needed from LPA
4. Percent of work completed to date
5. A completed "Cost Breakdown Form" which is located on the
State's webpage at www. transportation .nebraska.gov /rfp
If the Consultant does not submit a monthly invoice, it shall submit its
progress report monthly.
H. The State, on behalf of LPA, will make every effort to pay the Consultant within 30
days of receipt of the Consultant's invoices. Payments are dependent upon
whether the - monthly progress reports provide adequate substantiation for the work
and whether the State determines that the work submitted is satisfactory. Upon
determination that the work Was. adequately substantiated and satisfactory,
payment will be made in the amount of 95 percent of the billed actual costs. The
final 5% will be paid upon completion of the work required under this Task Order,
acceptance by the LPA and State, and a final audit of all invoiced amounts. has
been completed by the State or its authorized representative. The Consultant
Project No. ENH- 89(26) EXHIBIT "F"
Control No. 22355 Sheet 4 of 5
Blair Depot in the Park
agrees to reimburse the State for any overpayments discovered by the State or its
authorized representative.
The acceptance by the Consultant of the final payment will constitute and
operate as a release to the LPA and State for all claims and liability to the
Consultant, its representatives, and assigns, for any and all things done, furnished,
or relating to the services rendered by or in connection. with the Master Agreement
or any part thereof.
I. The Consultant shall maintain all books, documents, papers, accounting records,
and other evidence pertaining to costs incurred and .shall make such materials
available for examination at its office at all reasonable times during the agreement
period and for three years from the date of final project acceptance by FHWA under
this agreement. Such materials must be available for inspection by the State,
FHWA, or any authorized representative of the federal government, and copies
thereof shall be furnished by the Consultant, when requesfed.
Project No. ENH- 89(26) EXHIBIT "F"
Control No. 22355 Sheet 5 of 5
Blair Depot in the Park
Co nsultant r rer
(Local Projects)
Project No.:
Control No.:
Consultant: (Name and Representative)
Agreement No.:
Work Order No.:
LPA: (Name and Representative)
Constr. Change Order No.: (If applicable)
All parties agree the following described work needs to be performed by the consultant as part of the referenced
project. All parties concur and hereby give notice to proceed based on the following: justification to modify
contract, scope of services, deliverables, schedule, and estimated total fee. All other terms of existing agreements
between the parties are still in effect. It is understood by all parties that the work described herein will become part
of a future supplement to the agreement indicated above.
Justification to modify agreement: (Include scope of services, deliverables, and schedule)
Work Title
Summary of Fee
A. Total Direct Labor Cost
B. Overhead (Factor * x A)
C. A+13
D. Profit/Fee (Factor ** x C) _
*Overhead Factor:
%
E. Direct Non -Labor Cost
* *Profit/Fee Factor:
%
F. Subconsultant Services -
Total Fee Notes:
TOTAL FEE: C+ D + E + F
❑ ESTIMATED TOTAL FEE:
❑ FINAL TOTAL FEE:
Work Order Authorization — May be granted by email and attached to this document.
Consultant:
LPA:
Name Signature Date
Name z�ignarure UCIV
LPD PC (for Preliminary Engineering) and State Rep. (for Construction Engineering): Notice to Proceed
will be granted by
_ email by LPD PC.
.......................
Name - Signature Dace r
FHWA Notice to Proceed Date:
............. : ...............
Name Signature - Date
Distribution: Consultant, LPA-RC, State Rep., FHWA, LPD PC, NDOR Agreements Engineer, Highway Funds Manager
DR Form 250, October 2010
Exhibit "G"
Staffing Plan
PROJECT NAME - BLAIR DEPOT
PROJECT NO. ENH- 89(26) CN 22355
CONSTRUCTION ENGINEERING / OBSERVATION
Category
Employee
Rate
PM - Pro'ect Manager
Doug Holle
$45.16
PE 1 - Professional Engineer
Doug Holle
$45.16
ARCH - Registered Architect
John Rickert
$44.14
Ins 1 - Ins ector 1
Brad Elting
$25.70
Building Ins 2 - Building Inspector
Mike Fortenbury
$39.88
Ins 2 - Inspector 2 ACl/NDOR Certified Plant Ins ect
Jon Goldie
$23.68
Survey Manager
Mark Fredrickson
$36.67
Survey Crew Chief
Pat Kirk
$25.05
Survey Crew Man
Don Bar
$20.49
Exhibit "H"
RESOLUTION NO. 2011 - 42
COUNCIL MEMBER CHRISTIANSEN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, THE City of Blair, Nebraska is developing transportation project for
which it intends to obtain Federal funds;
WHEREAS, THE City of Blair, Nebraska 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, THE City of Blair, Nebraska and The Schemmer Associates, Inc. wish to
enter into an Engineering Services Agreement to provide Construction Engineering Services for
the Federal -aid project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that James Realph, Mayor, is hereby authorized to
sign the attached Engineering Services Agreement between the City of Blair and The Schemmer
Associates, Inc.
NDOR Project Number: ENH- 89 -(26)
NDOR Control Number: 22355
NDOR Project Description: Blair Depot in the Park
COUNCIL MEMBER CHRISTIANSEN MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
STEWART. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, RYAN,
CHRISTIANSEN, WOLFF, HALL AND JENSEN VOTING "AYE ", AND COUNCIL
MEMBERS KEPHART VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND ADOPTED THIS 13TH DAY OF DECEMBER, 2011.
CITY OF BLAIR, NEBRASKA
ATTEST:
BkENDA WHEELER, CITY CLERK
(SEAL)
� �
% rS E. REALPH, MAYOR
STATE OF NEBRASKA )
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 December, 2011.
BRENDA R. WHEELER, CITY CLERK