2012-35RESOLUTION NO. 2012- 35
PRELIMINARY ENGINEERING SERVICES AGREEMENT — BK1254
SUPPLEMENTAL AGREEMENT NO. 1
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
Whereas: City of Blair and Felsburg, Holt & Ullevig have previously executed a preliminary
engineering services Agreement BK1254 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 Felsburg, Holt & Ullevig wish to enter into a preliminary
engineering services supplemental 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, Nebraska that:
James Realph, Mayor of the City of Blair, Nebraska is hereby authorized to sign the attached
Preliminary Engineering Services Agreement Supplement No. 1 between the City of Blair and
Felsburg, Holt & Ullevig.
City of Blair is committed to providing local funds for the project as required by the Project
Program Agreement and any Supplemental Project Agreements.
NDOR Project Number: URB- 6462(1) NDOR Control Number: 22507
NDOR Project Description: Jackson Street, P — River Road, Blair
COUNCIL MEMBERSTEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER HALL. UPON
ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, RYAN, STEWART,
CHRISTIANSEN, JENSEN, HALL AND WOLFF VOTING "AYE ", AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AD ADOPTED THIS 27 DAY OF NOVEMBER, 2012.
CITY OF BLAIR, NEBRASKA
J I E E. REALPH, MAYOR
ATTEST:
BkVNDA R. WHEELER, CITY CIERK
(SEAL)
STATE OF NEBRASKA )
) :s:
WASHINGTON COUNTY )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City held on the 27th day of
November, 2012.
A4� 6_ -
BRENDA R. WHEELER, CITY CLERK
SUPPLEMENTAL AGREEMENT #1
PRELIMINARY ENGINEERING SERVICES
CITY OF BLAIR, NEBRASKA
FELSBURG, HOLT & ULLEVIG
PROJECT NO. URB- 6462(1)
CONTROL NO. 22507
JACKSON STREET, 3 RD — RIVER ROAD
THIS SUPPLEMENTAL 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."
WHEREAS, the Consultant and the LPA entered into Engineering Agreement BK1254
executed by the Consultant on March 26, 2012, and executed by the LPA on March 21, 2012,
hereinafter referred to as the "Original Agreement ", providing for preliminary engineering services
for Project No.URB- 6462(1), and
WHEREAS, it is necessary that Wetland Delineation, 404 Permit, Additional Right -of-
Way, Title Searches and Guardrail Design not contemplated in the Original Agreement, be added
under this supplemental agreement, and
WHEREAS, it is necessary to increase the Consultant's compensation by this
supplemental agreement for the additional work necessary to complete the project, and
WHEREAS, it is the desire of the LPA that the project be constructed under the
designation of Project No. URB- 6462(1), as evidenced by the Resolution of the LPA dated the
R day of N010 ) 2012, attached and identified as EXHIBIT "A' and made
a part of this agreement, and
NOW THEREFORE, in consideration of these facts, the Consultant and LPA agree as
follows:
SECTION 1 . A Written Notice -to- Proceed was issued to the Consultant on September 24, 2012
to perform the additional work through Consultant Work Order 1. Any additional 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 will perform the additional work stipulated in
Consultant Work Order 1, which is attached as Exhibit "B" and hereby made a part of this
supplemental agreement.
SECTION 2 . A Written Notice -to- Proceed was issued to the Consultant on October 24, 2012 to
perform the additional work through Consultant Work Order 2. Any additional 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 will perform the additional work stipulated in
Consultant.Work Order 2, which is attached as Exhibit "C" and hereby made a part of this
supplemental agreement.
9K1254
SECTION 3 . For the work required, Section 6 of the Original Agreement is hereby amended and
the fixed - fee - for - profit is increased from $8,667.84 to $9,901.61, an increase of $1,233.77.
Actual costs are increased from $93,432.16 to $104,738.39, an increase of $11,306.23. The total
agreement amount is. increased from $102,100 to $114,640, an increase of $12,540, which the
Consultant must not exceed without the prior written approval of the LPA.
SECTION 4 . The Consultant will be paid the additional fee on the same terms stipulated in the
Original Agreement and, except as specifically amended by this supplemental agreement, all
terms and conditions of the Original Agreement on Project No. URB- 6462(1), executed by the
Consultant on March 26, 2012 and executed by the LPA on March 21, 2012 shall remain in full
force and effect.
Project No. URB- 6462(1) -2- Agreement No. BK1254
Control No. 22507 Supplement No. 1,
Jackson Street, 3`d — River Road
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.
After being duly sworn on oath, I do hereby acknowledge the foregoing certification and
state that I am authorized to sign this agreement for the firm.
EXECUTED by the Consultant this day of ��l e -�,P� ' 2012.
FELSBURG, HOLT & ULLEVIG
Kyle A. Anderson, PE
CITY OF BLAIR
James Realph
M yor
Subscribed and sworn to before me this ? day of NO 1 �e K , 2012.
� k) �AA�-
Clerk
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Form of Agreement Approved for
Federal Funding Eligibility:
�Z Z
Date
Project No. URB- 6462(1) -3- Agreement No. BK1254
Control No. 22507 Supplement No. 1
Jackson Street, 3 ` — River Road
Consultant Work Order
(Local Projects)
Pircipci No.: Control Nlo.:
URB-6462(1) 22507
(Nam-i and
I Ayreament No`.: Work Order No.: (i.e., soc note below)
Fplsburg Holt & Ullevio/ K%)Iil Anderson, PE 2 Estimate
LPA: (Manie and Raprescrilativo) Constr. Change order No.: (itapplit.
City of Blair/ At Schoemaker
All parties agree the following described work needs to be per-formed 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 otherlerms 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 aqraernent; (Include scope of services, riolivatables, DridurchadVIC)
The purposo of this wotl( order is to add the Scope and Fee to complete the Title Search. The Consultant had
Midwest ROW on board to complete tho ROW Services, including the Title Searches. During Post
Negotiations, we were instructed to remove Midwost ROW from our contract, that the City Would contract with
thern directly. This, inadvertently left US Without Title Soarchos, This Work Order adds back the Title Searches
for 34 tracts at $60/tract completed by Blair Abstract & Title,
Work Title and Tolzi Fee (from Task Order) Comments Summar of Fee
A, T olzil Dircct Labor Cost 0.00
B. Overhead (Factor' xA) 0.00
Title Search for 34 tracts, completed by Blair Abstract & 1
C. A + 0 0.00
D. Profit/Fee (Factor — x C)
'Overhead Factor: 155.413% E. Direct Non-l-nhor Cost
"Profit/Fee Factor: I 13.40%
Ncita- Work Orders are either "Estimated Total Fee• or "Final Total
Fee". it a Wori Order is an estimate, the cost will be finalized "Vilen
work is lurthei defined and negotiated; it's number is folloviod by
"Estimate ", for example, Work Order No. 5 Estimate. Once the
work is finalized, the Work Order No. is shown as 5 Final and the
rant estimate documentation should be attached.
F. Subcon sultant Services
TOTrAL FEE: C I. D • E + F
EXI ESTIMATED TOTAL FEE:
FINIAL TOTAL FEE:
Work 04-der Authorization — May be granted by email and• attached to this document.
cons,milant:
A
ILI
— LPA:
Nam
Sli;Iluj 1W
Onio
NDOR 1`1cpresentative:
Notice to Proceed
will be g ranted b
........ .. Je.n.alfer ........
.. . ............
email b LPD PC.
D*aln'
FHWA: Thompson
Notire to Proceed Date:
rr-z
I C) (Z 4
Oct. 24, 2012 1
Distribution: Consultant, LRA - RC, NDOR - Project Rep., Fl-II.NIA, N0011•Li"D PC, NE:011 Agraomonls En9r.
DR Forin 246, Jun 10
0,00
0.00
2,040,00
$2,040.00
EXHIBIT T"
Page 1 of 1
Co nsulta nt r r r
(Local Projects)
Project No.:
Control No.:
URB•6462(1)
22507
Consultant: (Name and Representative)
Agreement No.:
work Order No.: (i.e., see note below)
Felsburg Holt & Ullevig/ Kyle Anderson, PE
LPA:
1 Estimate
LPA: (Name and Representative)
Constr. Change Order No.: (If applicable)
City of Blair/ Al Schoemaker
_
.............
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 eff ect. If 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)
The purpose of this work order is to add the Scope and Fee to complete a Wetland Delineation and 404 permit.
The original scope included a Wetland Determination only. In addition, the original scope identified preparing
proposed ROW, tract drawings and legal descriptions for up to 5 Tracts. At the plan -in -hand we identified 8
tracts needing ROW. This work order includes adding the additional 3 tracts, Finally, guardrail will be added
to the plans at one location. Please see attached Scope of Services for additional explaination and detail.
Work Title and Total Fee (from Task Order) Comments
Summary of Fee
will be ranted b
email by LPD PC
A. Total Direct Labor Cost
3,603.89
B. Overhead (Factor * x A)
5,603.33
Wetland Delineation and 404 Permit, 3 additional ROW
C. A + B
9,207.22
Tracts, & •Guardrail Design
D. Profit/Fee (Factor ** x C)
1,233.77
- -
— _ - -- am _
Ne
*Overhead Factor:
155,48%
E. Direct Non -Labor Cost
59.01
* *Profit/Fee Factor:
13.40%
F. Subconsultant Services
0.00
Note: Work Orders are either "Estimated Total Fee" or "Final Total
TOTAL FEE: C + D + E + F
$10,500.00
Fee". If a Work Order Is an estimate, the cost will be finalized when
work is further defined and negotiated; it's number is followed by
®ESTIMATED TOTAL FEE:
"Estimate ", for example, Work Order No. 5 Estimate. Once the
❑ FINAL TOTAL FEE:
work is finalized, the Work Order No. is shown as 5 Final and the
cost estimate documentation should be attached.
Work Order Authorization — May be granted by email and attached to this document.
DR Form 246, Jun 10
EXHIBIT "Brr
Page 1 of 6
a e
Signature
Date
LPA:
_
.............
_ ��1, ,��. .........
Name
Signature
Date
NDOR Representative:
Notice to Proceed
J �Y1{'11 T ��
Digitally signed by JenniferThompson
DN:cn= JenniferThompsono Nebraska
will be ranted b
email by LPD PC
Name
Division, Signature
Date
` _e malkjennifer .thompson @nebmska.gov,
FHWA• Thompson, Date: 2012.09.1908:27:55 -05'00'
D'igitallysigne�r by Frank M.
F ch 9 -24 -2012
DN: cn =Frank M. Rich, o =Fed
ral
- -
— _ - -- am _
Ne
Signature
Hig r riw "iflistfatiori,
o hFf
u a a Division,
J M F
emall =frank.rich @dot.gov, c =US
C Date: 2012.09.2408:45:38 -05'00'
Distribution: Consultant, LPA — RC, NDOR — Project Rep., FHWA, NDOR -LPI F',('
NDOR Agreements Engr.
DR Form 246, Jun 10
EXHIBIT "Brr
Page 1 of 6
DESCRIPTION OF PROJECT AND SCOPE OF SERVICES
FOR
WORK ORDER #1
PROJECT: JACKSON AND BLAINE STREET IMPROVEMENTS, BLAIR
PROJECT NUMBER: URB- 6462(1),
CONTROL NO. 22507
DESCRIPTION OF TASKS AND ASSUMPTIONS
The purpose of this Consultant Work Order is to add the Scope and Fee to complete a Wetland
Delineation and 404 permit, add 3 additional Right -Of -Way Tracts, and design guardrail to
protect a railroad bridge pier along Marina Drive. The original scope included a Wetland
Determination only. During preliminary design is was determined that approximately 0.9 acres
.of wetlands would be disturbed with this project requiring a full delineation and a 404 permit. In
addition, the original scope identified preparing proposed ROW,..tract drawings and legal
descriptions for up to 5 Tracts. At the plan -in -hand we identified 8 tracts needing ROW. This
work order includes adding the additional 3 tracts. Finally, at the plan -in -hand, it was
determined that guardrail would be necessary to protect the railroad bridge pier along Marina
Drive. This work was not identified in the original scope of services. Below is the complete
description of tasks.
DESCRIPTION OF TASKS
Increase scope from a Wetlands Determination to a Wetlands Delineation
1.1 Wetland Delineation - Small. Complete Wetland Delineation Report, data forms,
photolog, GPS Mapping, geodatabase files, revisions, internal QA/QC.
1.2 404 Nationwide Permit — Prepare permit application package. Does not include
pre- application meeting or on -site meeting.
2. Three (3) additional ROW Tracts
2.1 Proposed ROW — the Consultant will determine the easements (temporary and
permanent) and right -of -way required to construct the project for the 3 additional
tracts.
2.2 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 for
these 3 additional tracts.
3. Guardrail Design
3.1 This task includes the effort to design the guardrail to protect the railroad bridge
pier along Marina Drive. This task includes designing the guardrail, preparing
detailed guardrail layout sheets in the plan set, and computing all quantities
associated with this guardrail installation.
Project No. URB - 6462(1), CN 22507
Jackson & Blaine Street Improvements, Blair
Work Order #I
EXHIBIT "B"
Page 2 of 6
WORK ORDER #1
Consultant's Estimate of Hours
Project Name: Jackson and Blaine Street Improvements
Project Number: URS- 6462(1)
Control Number: 22507
Location (City, County): Blair, Washington County
® FELSBURG
Firm Name: Felsburg Holt &Ulievig
Consultant Project Manager: MatlMcFadden
H 0 LT &
PhonelEmail: 402.445.44051 matl.mcfadden @fhueng.com
U L L G V I G
LPA Responsible Charge: Allen Schoemaker
PhonelEmail: ( 402)426- 41911ars @ci.blalr.ne.us
1.1 Welland Delineation -Small
NDOR Project Coordinator: Jason Freldrichs
Om
PhonelEmail: ( 402) 479- 3650rjason.freldrichs @nebraska.gov
Date: September 18, 2012
0
CLASSIFICATIONS':
PR = Principal SENG = Senior Engineer UD1 = User Defined 1
SENV = Senior Environmental Scientist ENG = Engineer UO2 = User Defined 2
ENV Environmental Scientist SDES = Senior Designerrrechnician UD3 = UserDerined3
ADM = Administrative DES = Designerrrechnician
*For Project Manager, use one or the technical classifications
-For User-Defired Classifications, you will need to edit the Classifications Legendlocaled above. To entera new classification, replace'UDi'Wlth 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.
EXHIBIT "B"
Page 3 of 6
fimaFTIT-rm
1.1 Welland Delineation -Small
Om
0
.,. Nationy4de Permit
Om
2. Three (3) Additional ROW Tracts
2.1 Proposed ROW
2.2 Tra nd Legal Descriptions
3. Guardrail Desig
3.1 Guardrail Design
4. Project Management
Total Hours
Total Days (0 hrs)
CLASSIFICATIONS':
PR = Principal SENG = Senior Engineer UD1 = User Defined 1
SENV = Senior Environmental Scientist ENG = Engineer UO2 = User Defined 2
ENV Environmental Scientist SDES = Senior Designerrrechnician UD3 = UserDerined3
ADM = Administrative DES = Designerrrechnician
*For Project Manager, use one or the technical classifications
-For User-Defired Classifications, you will need to edit the Classifications Legendlocaled above. To entera new classification, replace'UDi'Wlth 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.
EXHIBIT "B"
Page 3 of 6
WORK ORDER #1
Labor Rates
Project Name: Jackson and Blaine Street Improvement
Hours
Project Number: URB-64620)
Control Number: 22507
CLASSIFICATION
Location (City, County): Blair, Washington County
%ASSIGNED
Firm Name: Felsburg Holt & Ullevig
FEL5l3U1ZCi
Consultant Project Manager: Matt McFadden
$
Phone/Email: 402. 445.44051 mati.mcfadden @fhueng.com
1-I O LT &
LPA Responsible Charge: Allen Schoemaker
U L L L v I G
Phone/Email: (402) 426-4191 / ars @ci.blair.ne.us
51 20000
NDOR Project Coordinator: Jason Freiddetis
Environmental Scientist
PhonelEmail: (402) 479- 36501ason .freiddchs @nebraska.gov
Associate
Date: September18,2012
SENG
Labor Costs:
Hours
Code Classitication Title
CLASSIFICATION
SALARY RATE
%ASSIGNED
PR
Pdnci al
12
$
$611.52
SENV
Senior Environmental Scientist
48
TAmount
51 20000
ENV
Environmental Scientist
7
Associate
5392.07
SENG
Senior En ineer
14
Blended Rate:
5412. SDES
ENG
En ineer
SeniorDesi nerrrechnidan
26
$988.00
DES
Desi ner/rechniclan
50.0%
Adam Behmer
Env. Scientist 11
ADM
Administrative
Blended Rale:'
525.00
Senior Engineer
Associate
$56.01
100.0%
Matt McFadden
107
3,603.89
TOTALS
Blended Rate:
"'$55:01- '
Engineer
MarkMeisinger
Engineer
CLASSIFICATIONS%
PR = Principal SENG = Senior Engineer UDII = User Defined 1
SENV = Senior Environmental Scientist ENG = Engineer , UD2 = User Defined 2
ENV = Environmental Scientist SDES = Senior Designer/Technician UD3 =User Defined 3
ADM = Administrative DES = Designerrrechnician
en e a es or s ee
EMPLOYEE NAME
CLASSIFICATION
SALARY RATE
%ASSIGNED
Principal
Kyle Anderson
Principal 11
$67.31
100.0°
Blended Rale:
$67.31 " "
Senior Environmental Scientist
Amy Zlotsky
Associate
550.96
100.0%
Blended Rate:
' S5o.96
Environmental Scientist
Allison Sambol
Env. Scientist II
$27.88
50.0%
Adam Behmer
Env. Scientist 11
52112
50.0%
Blended Rale:'
525.00
Senior Engineer
Associate
$56.01
100.0%
Matt McFadden
Blended Rate:
"'$55:01- '
Engineer
MarkMeisinger
Engineer
$34.86
10.0%
Josh Palik
Engineer2
$28.85
90.0%
Blended Rale:
529.45
Senior Designerfrechnician
Brian Moffatt
Sr. Designer
S38.00
100.0%
Blended Rate:
"'588:00`"
Deslgner/rechniclan
Blended Rate:
Administrative
Blended Rafe:
Input employee classification as aesfgnatea oy firm.
z Total of %Assigned" must equal 10095 for each personnel classification category. If one person in classification, list them as 100% for °%
Assigned ".
EXHIBIT "B°
Page 4 of 6
WORK ORDER #1
Direct Expenses
Project Name: Jackson and Blaine Street Improvements
Project Number: URB-6462(1)
Quantity
1
Control Number: 22507
Amount
$41.51
Location (City, County): Blair, Washington County
" F'ELSBURG
Firm Name: Felsburg Holt & Ullevig
Consultant Project Manager: Malt McFadden
H G L T & -
PhonalEmail: 402.445.4405! malt.mcfadden @Ihueng.com
U LLE U F G
LPA Responsible Charge: Allen Schoemaker
'
Phone /Email: ( 402)426.41911ars @ci.blair.ne.us
NDDR Project Coordinator: Jason Freldrichs
$59.01
PhonelEmail: ( 402) 479 - 3650 /jason.freiddchs @nebraska.gov
Date: September 16, 2012
Printing and Rep
BM_C
Quantity
1
Unit Cost
41.51
Amount
$41.51
ColorCopies
Subtotal
541.51
TOTAL DIRECT EXPENSES
$59.01
Other Miscellaneous Costs:
Misc. postage fax etc..
Quantity
1
Unit Cost
41.51
Amount
$41.51
Subtotal
541.51
TOTAL DIRECT EXPENSES
$59.01
EXHIBIT "Brt
Page 5 of 6
WORK ORDER #1
Project Cost
Project Name: Jackson and Blaine Street Improvements
Project Number: URB•6462(1)
Control Number: 22507
Location (City, County): Blair, Washington County
"' FELSBURG
Firm Name: Felsburg Holt& Ullevig
Consultant Project Manager; Matt McFadden
H O LT &
PhonelEmail: 402.445.44051 malt.mcfadden @fhueng.com
U L E. E: v E G
LPA Responsible Charge: Allen Schoemaker
PhonelEmail: (402) 426-41911 ars @ci.blair.ne.us
NOOR Project Coordinator: Jason Freiddchs
Phone/Email: (402) 4793650rjason.freldrichs @nebraska.gov
rr rt
Date: September 18, 2012
•
_
Senior Env](onmental Scientist
rr
rr rt
eniorsogin
r
r
D
Administrative
_
EXHIBIT "Btl
Page 6of6