2006-08RESOLUTION NO. 2006 - 8
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with an Agreement between
the City of Blair, Nebraska and KMA Engineering, Inc. for the purpose of designing 10th Street
paving and storm sewer from Grant Street to the YMCA property.
WHEREAS, said Agreement is acceptable to the City of Blair.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and
by this reference made a part hereof as though fully set forth herein, is hereby approved by the City
of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY
OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver said Agreement on behalf of
the City of Blair, Nebraska.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON
ROLL CALL, COUNCIL MEMBERS SHOTWELL, STEWART, SCHEVE, FANOELE,
ABBOTT, MCMANIGAL, WOLFF, AND BIFFAR VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 14 DAY OF FEBRUARY, 2006.
—1—
CITY OF BLAIR, NEBRASKA
BY _-'
JAMES . REALPH, -MAYOR
ATTEST:
2 4 / G4 /lr- -
B1 ENDA 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 thel4th day of
February, 2006.
&
BRENDA R. WHEELER, CITY CLERK
ENGINEERING AGREEMENT
Kirkham, Michael & Associates, Inc.
CITY OF BLAIR
PROJECT NO. STPAA- 6461(1)
CONTROL NO. 22207
10 STREET IMPROVEMENT PROJECT
GRANT STREET SOUTH TO 1250' SOUTH OF SOUTH STREET
THIS AGREEMENT, entered into by and between the City of Blair, hereinafter referred to
as the "City ", and Kirkham, Michael & Associates, Inc., hereinafter referred to as the
"Consultant ".
WITNESSETH
WHEREAS, the City desires to engage 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 certified by the Nebraska Secretary of State as a
Corporation eligible to operate in the State of Nebraska, and
WHEREAS, the Consultant is willing to perform such work in accordance with the terms
hereinafter provided, and does represent that it is in compliance with the Nebraska statutes
relating to the registration of professional engineers, and hereby agrees to comply with all
federal, state, and local laws and ordinances applicable to the work.
NOW THEREFORE, in consideration of these facts, the parties agree as follows:
I. DEFINITIONS
Wherever in this agreement the following terms are used, they will mean:
"CITY" means the City of Blair, the Mayor or an authorized representative.
"CONSULTANT" means Kirkham, Michael & Associates, Inc., whose business and
mailing address is 12700 West Dodge Road, P.O. Box 542030, Omaha, Nebraska 68154 -8030.
"SUBCONSULTANT /SUBCONTRACTOR" means Thiele Geotech, Inc., whose business
and mailing address is 13478 Chandler Road, Omaha, Nebraska 68138 -6174; Midwest Right of
Way Services, Inc. whose business and mailing address is 13425 "A" Street, Omaha, Nebraska
68144; and AZ Environmental, LLC, 6201 Woodstock Avenue, Lincoln, Nebraska 68512.
"STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, the Director of
the department, or an authorized representative.
"FHWA" means the Federal Highway Administration, 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.
To "ABANDON" the work means the City has determined that conditions or intentions as
X K 6 0 6
originally existed have changed and the work as contemplated herein is to be renounced and
deserted for as long in the future as can be foreseen.
To "SUSPEND" the work means the City has determined the progress is not sufficient, or
the conditions or intentions as originally existed have changed, or the work completed or
submitted is unsatisfactory, and the work as contemplated herein should be stopped on a
temporary basis. This cessation will prevail until the City determines to abandon or terminate
the work 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 City.
II. GENERAL DESCRIPTION OF SCOPE AND CONTROL OF THE WORK
The Consultant shall perform topographic surveys, hydraulic analysis, preliminary and
final design, prepare plans, specifications, contract documents, assist in bidding and contract
letting and prepare a statement of project costs for the project generally described as the
widening and paving of 10` Street from Grant Street south to 1250 -feet south of South Street,
within the City of Blair, in Washington County, Nebraska.
Upon receiving a notice to proceed, the Consultant shall perform all work required under
this agreement as outlined in EXHIBIT "B ", schedule of services, and EXHIBIT "C ", Consultant's
proposal, which are attached and made a part of this agreement.
The Consultant has furnished a personnel chart or list in EXHIBIT "C ". Any major
deviation from or revision in the classifications or personnel shown in the chart or list must
receive the prior approval of the City. All personnel replacements must be made with persons
of equal ability or experience and failure to provide capable replacements to keep the work on
schedule will be cause for termination of this agreement, with settlement to be made as
provided in Section VII of this agreement.
III. STANDARD PRACTICES AND REQUIREMENTS
It is mutually agreed that the City, State and FHWA have continuing rights of work
progress inspections. Any additions, deletions, changes, elaborations, or modifications of the
services performed under the terms of this agreement, which may from time to time be
determined by the City as desirable or preferable, will be controlling and governing.
IV. TIME OF BEGINNING AND COMPLETION
The City will issue the Consultant a written Notice -to- Proceed upon State approval of this
agreement. Any work or services performed on the project prior to the Notice -to- Proceed date
is not eligible for reimbursement.
City of Blair 2
Project No. STPAA- 6461(1)
Control Number 22207
10` Street Improvement Project
Grant Street South to 1250' South of South Street
The Consultant shall do all the work according to the schedule in attached EXHIBIT "B"
and shall complete all work required under this agreement in a satisfactory manner. The work
under this agreement will be considered done upon award of the construction contract.
The completion time will not be extended because of any avoidable delay attributed to the
Consultant, but delays attributable to the City may constitute a basis for an extension of time.
City authorized changes in the scope of work, which increase or decrease workhours or
services required of the Consultant, will provide the basis for a change of time and /or changes
to the Consultant's fee.
V. FEES AND PAYMENTS
A. For performance of the work as outlined in this agreement, the Consultant will be
paid a fixed - fee - for - profit of $ 2,949.00 as defined in paragraph D of this section,
and up to a maximum amount of $ 51,076.00 for actual costs as defined in
paragraph E of this section, that are allowable subject to the terms of this
agreement and the federal cost principles contained in the Federal Acquisition
Regulation (48 CFR 31). The total agreement amount is $ 54,025.00.
B. The Consultant is responsible for determining if its actual costs will exceed the
maximum amount stated above. If at any time during this project, the Consultant
determines that its costs will exceed, or have exceeded the maximum amount
stated above, the Consultant must immediately notify the City in writing and
describe which costs are causing the overrun and the reason. The Consultant must
also estimate the additional costs needed to complete the work. The City will then
determine if the maximum amount is to be increased, and a supplemental
agreement will be prepared if needed.
C. The City is not responsible for costs incurred prior to the Notice -to- Proceed date or
after the completion deadline date stated in Section IV of this agreement.
D. The fixed -fee is computed upon the direct salary or wage costs, indirect salary
costs, indirect non - salary costs, and direct payroll additives. The fixed -fee is not
allowable upon direct non - salary costs.
E. Actual costs include direct labor costs, direct non -labor costs, and overhead costs.
(1) Direct Labor Costs are the earnings that individuals receive for the time they
are working directly on the project.
(a) Hourly rates: For hourly employees, the hourly earnings rate is based
on the compensation received during the pay period that the work is
performed, and dividing that compensation by the hours paid. For
City of Blair 3
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
salaried employees, the hourly earnings rate is determined by dividing
the employee's fixed annual compensation by the number of hours
normally expected to be worked that year. In those pay periods which
the employee works more hours than normally expected and does not
receive additional compensation at least equal to the normally
expected hourly rate, the rate for that pay period will be determined by
dividing the actual compensation by the actual hours reported.
(b) 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.
(2) Direct Non -Labor Costs charges in this category include per diem expenses for
personnel away from their base of permanent assignment, communication
costs, reproduction and printing costs, computer charges, special equipment
and materials required for the project, special insurance premiums if required
solely for this agreement, and such other similar items. Payment for these
items must be made on receipted invoices whenever possible, or on certified
billings of the Consultant. For purposes of standardization of this agreement,
the following expenses will be reimbursed at the rates indicated:
Automobile - $0.485 per mile
Survey Vehicle - $0.510 per mile
Lodging Actual cost, not to exceed $60.00
Per person daily
Meals - Actual cost not to exceed:
Breakfast $ 6.00
Lunch 8.00
Dinner 16.00
(3) Overhead Costs include indirect salary costs, indirect non - salary costs, and
direct salary additives that are allowable in accordance with 48 CFR 31.
City of Blair 4
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
$30.00 (Includes tax and gratuity)
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 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 section.
F. The Consultant should submit invoices to the City at monthly intervals. The
invoices must present actual direct labor, actual overhead, and actual direct non -
labor costs, as well as a prorated amount of the fixed -fee based upon the actual
direct labor and overhead costs billed for that period relative to the Consultant's
estimated total direct labor and indirect overhead costs, until 100 percent of the
fixed -fee has been billed. The fixed -fee amount on the final invoice should be the
difference between 100 percent of the agreed -upon fee and the total amount
previously billed. The invoices must identify the hours worked and each individual's
actual labor cost. Direct non -labor expenses must be itemized and provide a
complete description of each item billed.
Monthly invoices must be substantiated by progress reports which indicate
the percent of work completed. If the Consultant does not submit a monthly
invoice, it shall submit its progress report by the fifth day of each month.
G. The City will make every effort to pay the Consultant within 30 days of receipt of the
Consultant's invoices. Payment is dependent upon whether the monthly progress
reports provide adequate substantiation for the work and whether the City
determines that the work is satisfactory. Upon determination that the work was
adequately substantiated and satisfactory, payment will be made in the amount of
100 percent of the billed actual costs and fixed -fee. After the Consultant has
completed all work required under this agreement, a final bill must be sent to the
City. Upon acceptance by the City and State, a final audit of all invoiced amounts
will be completed by the City or its authorized representative, if deemed necessary.
The acceptance by the Consultant of the final payment will constitute and
operate as a release to the City 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 this agreement or any part thereof.
The Consultant agrees to reimburse the City for any overpayments discovered by
the City or its authorized representative.
City of Blair 5
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
H. The Consultant shall maintain, and also require that its
Subconsultants /Subcontractors maintain, all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred and shall make such
material available for examination at its office at all reasonable times during the
agreement period and for three years from the date of final payment under this
agreement. Such materials must be available for inspection by the City, State,
FHWA, or any authorized representative of the federal government, and when
requested the Consultant shall furnish copies.
VI. PROFESSIONAL PERFORMANCE
The Consultant understands that the City will rely on the professional performance and
ability of the Consultant to satisfactorily accomplish the work under this agreement. Any
examination by the City, State or the FHWA, or any acceptance or use of the work product of
the Consultant, will not be considered to be a full and comprehensive examination and will not
be considered an approval of the work product of the Consultant 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 work to be accomplished by the
Consultant pursuant to this agreement. That further, acceptance or approval of any of the work
of the Consultant by the City or of payment, partial or final, will not constitute a waiver of any
rights of the City 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 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 City. The Consultant shall respond to the City's notice of any errors or
omissions within 24 hours and give immediate attention to these corrections to minimize any
delays to the construction contractor. The Consultant shall make project site visits, if directed
by the City. If the Consultant discovers errors in its work, it shall notify the City of the errors
within seven days. Failure of the Consultant to notify the City will constitute a breach of this
agreement. The Consultant's legal liability for all damages incurred by the City caused by error,
omission, or negligent acts of the Consultant will be borne by the Consultant without liability or
expense to the City.
VII. CHANGE OF PLAN, ABANDONMENT, SUSPENSION. AND TERMINATION
Additions to the schedule of services, if approved in writing, will require negotiation of a
supplemental agreement. For any work beyond the schedule of services, the Consultant shall
City of Blair 6
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
document the additional work, estimate the cost to complete the work, and receive written
approval from the City before the Consultant begins the work. Any such work performed by the
Consultant prior to written approval of the City will be done at the expense of the Consultant.
The City can abandon the project 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 agreement. The City can
suspend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
If the City abandons or subtracts from the work, or suspends or terminates the agreement
as presently outlined, the Consultant will 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 agreement or for tender of improper work, the City can suspend payments,
pending the Consultant's compliance with the provisions of this agreement. In determining the
percentage of work completed, the City will consider the work performed by the Consultant prior
to abandonment or termination to the total amount of work contemplated by this agreement.
The ownership of all project plans, documents, etc., completed or partially completed at the time
of such termination or abandonment will be retained by the City and the Consultant shall
immediately deliver all project plans, documents, etc., to the City.
VIII. OWNERSHIP OF DOCUMENTS
All surveys, tracings, plans, specifications, maps, computations, sketches, charts, and
other data prepared or obtained under the terms of this agreement are the property of the City
and the Consultant shall deliver them to the City without restriction or limitation as to further use.
City 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 City's sole risk and without legal
exposure or liability to Consultant.
IX. 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 City has the right to annul this agreement without liability or, in its
City of Blair 7
Project No. STPAA- 6461(1)
Control Number 22207
10' Street Improvement Project
Grant Street South to 1250' South of South Street
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.
X. NON - RAIDING CLAUSE
The Consultant shall not engage the services of any person or persons presently in the
employ of the City and State for work covered by this agreement without the prior written
consent of the employer of the persons.
XI. GENERAL COMPLIANCE WITH LAWS
The Consultant agrees to comply with all federal, state, and local laws and ordinances
applicable to the work.
XII. DISPUTES
Any dispute concerning a question of fact in connection with the work not disposed of by
this agreement will be referred for determination to the Director of the State or a duly authorized
representative, whose decision in the matter will be final and conclusive on the parties to this
agreement.
XIII. RESPONSIBILITY FOR CLAIMS AND LIABILITY
A. The Consultant agrees to save harmless the City from all claims and liability due to
the negligent activities 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 of the following
types in at least the following amounts:
City of Blair 8
Project No. STPAA- 6461(1)
Control Number 22207
10` Street Improvement Project
Grant Street South to 1250' South of South Street
(1) Bodily Injury and Property
Damage with a combined
single unit of liability of
or Bodily Injury
General and Automobile
General and Automobile
Property Damage
General and Automobile
General
(2) Workers' Compensation - Statutory
(3) a) Valuable Papers
b) Electronic Data
Processing Coverage
$500,000 each occurrence
$250,000 each person
$500,000 each occurrence
$250,000 each occurrence
$500,000 aggregate
With the State named as the loss
payee. The insurance must be
in the amount of the total fee
of this agreement.
B. The insurance referred to in (1) above must be written under comprehensive
general and comprehensive automobile liability policy forms, including coverage for
all owned, hired, and non -owned automobiles. The Consultant may, at its option,
provide the limits of liability, as set out above, by a combination of the above
described policy forms and excess liability policies. The Consultant shall furnish
proof of insurance coverage to the City.
XIV. PROFESSIONAL REGISTRATION
The Consultant shall affix the seal of a registered professional engineer or architect
licensed to practice in the State of Nebraska, on all plans, documents, and specifications
prepared under this agreement.
XV. SUCCESSORS AND ASSIGNS
This agreement is binding on successors and assigns of either party.
XVI. DRUG -FREE WORKPLACE POLICY
The Consultant shall have an acceptable and current drug -free workplace policy on file
with the State.
XVII. FAIR EMPLOYMENT PRACTICES ACT
The Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as
provided by Sections 48 -1101 through 48 -1126, Nebraska Revised Statutes (Reissue 1998),
which is hereby made a part of and included in this agreement by reference.
City of Blair 9
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
XVIII. DISABILITIES ACT
The Consultant 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.
XIX. DISADVANTAGED BUSINESS ENTERPRISES
The Consultant shall ensure that disadvantaged business enterprises, as defined in
49 CFR 26, have the maximum opportunity to compete for and participate in the performance of
subagreements financed in whole or in part with federal funds under this agreement.
Consequently, the disadvantaged business requirements of 49 CFR 26 are hereby made a part
of and included in this agreement by reference.
The Consultant shall not discriminate on the basis of race, color, sex, or national origin in
the award and performance of FHWA- assisted contracts. Failure of the Consultant to carry out
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 City or such remedy
as the City deems appropriate. The SUBLETTING, ASSIGNMENT OR TRANSFER Section of
this agreement further explains the Consultant's responsibility in ensuring that disadvantaged
business enterprises have the maximum opportunity to compete for subagreements.
XX. 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. Including Procurements of Materials
City of Blair 10
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
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 City, 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 City,
State or FHWA, as appropriate, and set forth what efforts it has made to obtain the
information.
E. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with
the nondiscrimination provisions of this agreement, the City 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 City,
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 City
enter into such litigation to protect the interests of the City 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.
City of Blair 11
Project No. STPAA - 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
XXI. SUBLETTING, ASSIGNMENT. OR TRANSFER
The Subconsultant /Subcontractor will Thiele Geotech, Inc. for gotechnical engineering;
Midwest Right of Way Services, Inc. for right -of -way services including appraisals, negotiations,
and contracts; and AZ Environmental, LLC for environmental permitting issues related to
wetlands delineations and mitigation and historical preservation evaluations.
Any other subletting, assignment, or transfer of any services to be performed by the
Consultant is hereby prohibited unless prior written consent of the City 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 City 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.
XXII. CONFLICT OF INTEREST
By signing this agreement, the Consultant certifies that it has no financial or other
interests in the outcome of this project.
XXIII. CONSULTANT CERTIFICATION
The Consultant hereby certifies that wage rates and other factual unit costs supporting the
fees in this agreement are accurate, complete, current, and subject to adjustment, if required, as
provided by Sections 81 -1701 through 81 -1721, Nebraska Revised Statutes (Reissue 1994).
After being duly sworn on oath, I do hereby certify that except as noted below, neither I
nor any person associated with the firm in the capacity of owner, partner, director, officer,
principal investor, project director, manager, auditor, or any position involving the administration
of federal funds:
a) has employed or retained for a commission, percentage, brokerage, contingent fee,
or other consideration, any firm or person (other than a bona fide employee working solely
for me or the above consultant) to solicit or secure this agreement, or
City of Blair 12
Project No. STPAA- 6461(1)
Control Number 22207
l0`h Street Improvement Project
Grant Street South to 1250' South of South Street
b) has agreed, as an express or implied condition for obtaining this agreement, to
employ or retain the services of any firm or person in connection with carrying out
this agreement, or
c) has paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee, contribution,
donation, or consideration of any kind for, or in connection with procuring or carrying out
this agreement, except as here expressly stated (if any).
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
I. Instructions for Certification
1. By signing this agreement, the Consultant is providing the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily
result in denial of participation in this project. The Consultant shall submit an explanation of why
it cannot provide the certification set out below. The certification or explanation will be
considered in connection with the City's determination whether to enter into this agreement.
However, failure of the Consultant to furnish a certification or an explanation will disqualify the
Consultant from participation in this agreement.
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the State determined to enter into this agreement. If it is later determined that the
Consultant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal government, the City may terminate this agreement for cause or default.
4. The Consultant shall provide immediate written notice to the City if at any time the
Consultant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
City of Blair 13
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of the rules implementing Executive Order 12549.
6. The Consultant agrees that should the proposed covered transaction be entered into, it
will not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the City before entering into this agreement.
7. 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.
8. 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.
9. 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.
10. Except for transactions authorized under paragraph six 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 City may
terminate this agreement for cause or default.
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
City of Blair 14
Project No. STPAA- 6461(1)
Control Number 22207
10` Street Improvement Project
Grant Street South to 1250' South of South Street
A. The Consultant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or agency;
(2) 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;
(3) 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.(2) of this certification; and
(4) 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.
XXIV. CITY OF BLAIR CERTIFICATION
After being duly sworn on oath, I, James Realph, by signing this agreement do hereby
certify that 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 certificate is to be furnished to the State and 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.
City of Blair 15
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
XXV. 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.
City of Blair 16
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
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.
STATE OF71/4 .a L9
) ss.
o COUNTY )
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 ''1 ay of It P , 2006.
Kirkham, Michael & Associates, Inc.
Rich L. Robinson, P.E.
\t AA IL
Vice President
Subscribed and sworn to before me this 7V day of / , 2006.
GENERAL NOTARY- State of Nebraska
CYNTHIA A. MAINQUIST
My Comm. E. March t, 2010
Q: \rlc \Blair \Blair 10th Street South NDOR Engr.Agreement.doc
City of Blair 17
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
Date
EXECUTED by the City this I day of l'1(L(r±
CITY OF BLAIR
James Realph
M
, 2006.
ILL
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Approved as to form
James J. Knott, P
Engineer
-zAz6
r)12
EXHIBIT "B"
SCHEDULE OF SERVICES
CITY OF BLAIR
PROJECT NO. STPAA- 6461(1)
CONTROL NO. 22207
10 STREET IMPROVEMENT PROJECT
GRANT STREET SOUTH TO 1250' SOUTH OF SOUTH STREET
A. PROJECT DESCRIPTION
This schedule provides for the Consultant to prepare design plans for the above project
that includes the design of a 31 -feet wide urban pavement with 7 -inch thickness with
integral curb and gutter located on 10 Street from Grant Street south to 1,250 -feet
south of South Street within the City of Blair. Work includes preliminary survey,
hydraulic analysis, extension of a twin 12 -feet by 12 -feet box culvert on South Creek,
permit application, preparing preliminary and final construction plans and specifications
for the design for the project, and preparation of right -of -way plats, appraisals, and
negotiations. The work also includes preparing for and attending public meetings and
project bid letting.
UPON NOTICE TO PROCEED. THE CONSULTANT SHALL PROVIDE THE
SERVICES AS OUTLINED IN THIS SCHEDULE.
B. THE CITY WILL:
1. Provide existing city utility location plans.
2. Provide facilities for information meetings and public hearing.
3. Receive bids at their designated facility.
4. Make necessary policy and budgetary decisions to enable timely completion of
the work.
C. APPLICABLE PUBLICATIONS
The consultant shall follow the criteria of the current applicable publications of the
American Association of State Highway and Transportation Officials and design criteria
furnished by the State. These publications and others which the Consultant shall use in
this work are:
1. A Policy on Geometric Design of Highways and Streets (AASHTO)
2. State of Nebraska Minimum Design Standards, Board of Public Roads
Classifications and Standards (State)
3. State of Nebraska, Department of Roads, Standard Specifications for Highway
Construction.
4. Federal Aid Policy Guide, 23 CFR 650A
5. Americans with Disabilities Act (ADA)
6. Nebraska Department of Roads Road Design Manual
7. Nebraska Department of Roads Bridge Office Procedures and Policy Manual.
8. The AASHTO Standard Specifications for Bridges
City of Blair 18
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
9. Federal Highway Administration Publication No. FHWA -1 P -90 -017, Hydraulic
Engineering Circular No. 18 (Evaluating Scour at Bridges).
10. Federal Emergency Management Agency (FEMA) National Flood Insurance,
Flood Boundary and Floodway Map.
If discrepancies occur between these publications, Consultant shall get a decision from
the State.
D. PROJECT PLANS FORMAT. CONVENTIONAL AND CADD
1. The Consultant shall prepare plan and profile plan sheets at a scale consistent
with State procedures.
2. Any materials submitted to the City or State by the Consultant must be on or
equivalent to white bond. Any material which does not produce an acceptable
reproduction will be returned to the Consultant for rectification.
3. The Consultant shall prepare the plans in AutoCad and follow the State's CADD
drafting procedures and guidelines in preparing the project plans.
a. Sheets must be set up according to the State's procedures.
b. Line weights, line styles, text size and levels must follow the State's
guidelines.
4. The CADD files must also conform to the following standards and conventions:
a. Working units must be:
i. Master Units = feet
ii. Sub Units = 100 feet
iii. Position Units = 4
5. Global origin of the graphics design plane must be located at the lower left
corner.
E. PRELIMINARY DESIGN STUDY /REPORT
1. Project Management
a. An initial kick -off meeting will be scheduled before project work begins to
encourage City officials and staff input and to provide for the exchange of
ideas and information relative to the study and design of the project. The
objective of this meeting is to develop a clear understanding of the project
scope of services, design criteria and expectations, obtain background
information and refine the project schedule.
b. The Kirkham Michael team will obtain the following information:
i. Project information including previous project correspondence,
studies, demands and other relevant information.
ii. Record drawings of the existing facilities.
Copies of previously prepared field survey data notes, sketches,
drawings and narratives as they may relate to the project area.
iv. Copies of available geotechnical data and reports.
v. Contract documents and specific City design requirements to be
incorporated into the project documents.
City of Blair 19
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
vi. Review relevant local and state regulations.
c. The Kirkham Michael team will design and provide a specific public
information program customized for the 10th Street Project. As a
minimum, it will include a public information meeting and project flyers to
all stakeholders.
F. DESIGN PHASE SERVICES
1. Project Management
a. Kirkham Michael will coordinate the services of the geotechnical
engineering subconsultant to perform exploratory drillings and to make
recommendations on subgrade preparation, allowable soil bearing
pressure and backfill compaction requirements.
b. Kirkham Michael will coordinate the services of the environmental
subconsultant to perform a wetlands delineation and a historic survey
(Section 106) for the project area, if necessary.
c. Periodic review meetings will be established with the City to discuss the
status and progress of the project. The meetings will be scheduled at the
30 %, 60% and 90% (PS &E) complete design milestones to review
progress and status of the project including preliminary opinions of
probable cost at the 90 %, and complete stages.
d. Kirkham Michael will maintain frequent communications with City staff,
Nebraska Department of Roads, and other interested parties as the
project dictates. Project documentation and correspondence will be
produced as necessary and filed for the record.
e. The design phase of the project is to be completed in accordance with the
schedule established for the project. Kirkham Michael will report on the
status of the project schedule at four -week intervals and at appropriate
intermediate intervals as needed.
f. Submittals
i. Environmental Documentation Letter
ii. Bidding Contract Documents
Right of way plats
Prepare all applications for Federal, State, or local permits for
construction including highways, 404 permits, flood plain permits, Section
106 review, etc., where required, and insure all data is sufficient for the
City to receive such permits. It is assumed that this project will classify as
a Categorical Exclusion under Environmental Review.
g.
2. Field Investigation
a. Topographic Survey - Field topographic surveys will be completed to
obtain all necessary information pertaining to the existing facilities to allow
for the design of the proposed improvements. The field topographic
survey will include the following items:
City of Blair 20
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
i. Verification of any existing street and county road rights -of -way.
ii. Accurate elevations of the ground, existing structures and
surfaces along the project alignment and other facilities as
required.
iii. Location, sizes, and elevations of the storm sewers, sanitary
sewers, water mains, fiber optics, gas mains, electric lines, and
other related facilities where conflicts are determined or
connections are necessary.
3. Preliminary Design
a. Preliminary design will provide for development of pertinent information
necessary in completing the designs.
The base maps required for the final design of the project will be
plotted on plan and profile sheets at an appropriate scale. Areas
will be enlarged to detail intersections, driveways, special areas,
as required.
ii. Provide hard copies and /or computer files of the topographic
survey base sheets to all utility companies, which serve the
project area for verification of their facilities shown on the plans.
iii. Sufficient preliminary design shall be performed to show the plan,
elevation, typical sections, the tentative grade lines, utility
conflicts, proposed geometrics for roadways, box culvert
extension, storm drainage facilities, trail, retaining walls (if any),
limits of construction and any other relevant impacts.
iv. Base sheets will be prepared and the preliminary design will be
drafted on plan sheets and plan /profile sheets as required. The
plans will be reviewed for quality assurance purposes by Kirkham
Michael. It is anticipated that the following items will be included
in the preliminary plans for this project:
•cover sheet;
'vicinity map, tabulation of quantities and general notes;
'miscellaneous details;
•typical sections;
•standard details;
•plan /profile drawings for all piping and roadway requirements;
and
•roadway cross sections
•traffic control phasing and sequencing plans.
v. Preliminary opinions of probable cost for the proposed
improvements shall be prepared and furnished. Approximate
quantities shall be taken from the preliminary plans. The project
budget will be reviewed to verify that sufficient funds are available
to construct the project as set forth on the preliminary plans. The
City of Blair 21
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
City will be advised of the status of the project budget throughout
the design phase.
vi. Kirkham Michael will coordinate a field plan -in -hand review of the
preliminary design with the City project team and other pertinent
agencies. The plan -in -hand field check of the drawings will be
made at the 30 to 60 percent complete stage to ensure
coordination of the design with actual field conditions. The field
plan -in -hand review of the improvements will be coordinated and
conducted with the City's project team and appropriate state,
county and local agencies, utilities, and affected land owners.
Review comments will be incorporated into the final product.
4. Final Design
a. The design of the improvements will be finalized by adding all necessary
details and notes to enable the contractor to construct the improvements
as designed and intended. Critical items will be addressed such as
subgrade preparation, hydraulics, elevation details, backfilling and
compaction, construction dewatering and other miscellaneous and related
items of work.
b. Final plans for proposed improvements will be prepared and drafted. The
plans will be reviewed for quality assurance purposes by Kirkham
Michael. Final plans will include the appropriate plan sheet information as
discussed in the preliminary plan section.
c. Kirkham Michael will utilize the State of Nebraska Standard specifications
for Highway Construction, 1997 Edition, with supplements, for this project.
Kirkham Michael will modify the standard specifications with a special
provision section as necessary to adapt them to this specific project and
to incorporate any special requirements of the City.
d. Final construction drawings shall be 24" x 36 ", submitted in reproducible
black line mylar and in Auto Cad /Softdesk format compatible with the City
of Blair GIS Mapping System. Final specifications, bid documents, and
cost estimates suitable for bidding, permit issuance and construction shall
be submitted in Microsoft Word or Excel format. A copy of all computer
files (ACAD, Word, Excel, etc.) will also be provided. All prints,
documents, drawings, discs, designs, and rights to designs shall become
the sole property of City and State once Kirkham Michael accepts
payment for design work.
e. Kirkham Michael will submit to the City two sets of final plans for review
and approval for this project. A meeting will be scheduled to review the
final plans. Any modifications or revisions to the final plans as a result of
comments received and from the meeting will be made in the final
submittal.
f. Kirkham Michael will prepare and provide a detailed final Statement of
Probable Construction Costs for the project, consisting of a construction
City of Blair 22
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
item description, schedule of quantities, estimated unit costs, total
construction cost and a summary of total project costs. The Statement of
Probable Construction Costs for the project will be submitted to the City
prior to the project letting.
g. Upon approval by the City, Kirkham Michael will submit three sets of final
plans and specifications to the City and two sets to the NDOR for review
and approval.
h. Kirkham Michael will prepare right -of -way plats identifying additional right -
of -way required for the construction of the project. These right -of -way
plats will be prepared in accordance with NDOR standards for use by the
appraisers and negotiators, which will be a subconsultant to Kirkham
Michael.
G. BIDDING PERIOD ASSISTANCE
1. Services during the bidding process will include assistance to the City in
obtaining fair and competitive bids for the construction work.
2. Bid Letting
a. Kirkham Michael will advise and assist the City as required during the
bidding phase of the project.
3. Issue Addenda
a. Contractor questions concerning the plans, specifications and contract
documents will be answered. Kirkham Michael will coordinate the
issuance of addenda with the City to clarify the intent of the documents, if
required.
4. Bid Tabulation and Contract Award
a. Kirkham Michael will prepare and furnish a tabulation of bids to the City
and other interested parties. A recommendation for award of contract will
be made based on the bid review of the lowest responsive bidder. We
will also assist the City in preparing conformed copies of the contract
documents.
H. SCHEDULE
1. The project will be completed per the following anticipated schedule based on a
Notice to Proceed of approximately April 3, 2006.
2. The schedule task durations are based on the schedule provided in the Proposal
with dates adjusted per the anticipated Notice to Proceed date.
City of Blair 23
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
Task
Notice to Proceed
Kick -off Meeting
Field Evaluation & Data Collection
Storm Sewer Study
Preliminary Topographic Survey
Prepare /Submit Environmental Documentation
City of Blair Review Meeting
Preliminary Design /Phasing Plan /Design
Memo /Plan -In -Hand
Approval By City
Public Information Meeting
Final Design /Phasing Plan
Constructability Review
Right -of -Way Tract Maps
Blair /NDOR
Corps of Engineers Permit
NDOR Reviews
ROW Acquisition
City of Blair 24
Project No. STPAA- 6461(1)
Control Number 22207
10 Street Improvement Project
Grant Street South to 1250' South of South Street
Completion Date
April 3, 2006
April 10, 2006
April 30, 2006
I May 19, 2006
April 24, 2006
June 2, 2006
May 19, 2006
July 13, 2006
July 28, 2006
August 17, 2006
September 6, 2006
September 6, 2006
August 25, 2006
September 8, 2006
October 13, 2006
September 28, 2006
December 15, 2006
MANHOUR SUMMARY
CITY OF BLAIR
PROJECT NO. STPAA- 6461(1)
CONTROL NO. 22207
10 STREET IMPROVEMENT PROJECT
GRANT STREET SOUTH TO 1250' SOUTH OF SOUTH STREET
FIELD
PROJECT PROJECT ENGINEERING SERVICES SURVEY
TASK PRINCIPAL CLERICAL MANAGER ENGINEER TECHNICIAN MANAGER CREW TOTAL
Project Management 4 4 12 0 0 0 0 20
Design Survey 0 0 0 0 6 8 32 46
Hydraulics 0 0 0 8 0 0 0 8
Preliminary Design 0 8 6 30 40 0 0 84
Final Design 0 8 4 20 26 0 0 58
Box Culvert Design & Permits 0 4 2 8 8 0 0 22
Meetings 4 0 8 8 0 0 0 20
Bid Letting Services 0 18 8 6 3 0 0 35
0
SUB -TOTAL 8 42 40 80 83 8 32 293
DIRECT LABOR COSTS
Category Hours Rate Amount
Principal 8 $ 56.45 $ 452
Clerical 42 $ 15.50 $ 651
Project Manager 40 $ 46.68 $ 1,867
Project Engineer 80 $ 37.65 $ 3,012
Engineering Technician 83 $ 20.00 $ 1,660
Field Services Manager 8 $ 33.87 $ 271
Survey Crew 32 $ 38.71 $ 1,239
TOTAL DIRECT LABOR 293 $ 9,151
PAYROLL BURDEN AND OVERHEAD 1.6853 $ 15,423
TOTAL LABOR AND OVERHEAD $ 24,574
DIRECT PROJECT EXPENSES
Item
• Subconsultant - Geotechnical Services
Subconsultant - Right -of -Way Services
Subconsultant - Environmental Services
Mileage
Phone /Postage /Film
Printing
TOTAL LABOR AND OVERHEAD
FIXED FEE
DIRECT PROJECT EXPENSES
MAXIMUM AMOUNT PAYABLE
Q: /rlc /Blair/NDOR - EXHIBIT C.10TH STREET SOUTH.xls
200 miles @ $ 0.485 /mile
12%
EXHIBIT "C"
Cost
$ 1,500
$ 16,625
$ 8,000
$ 97
$ 50
$ 230
$ 26,502
$ 24,574
$ 2,949
$ 26,502
$ 54,025