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2013-13RESOLUTION NUMBER 2013 - 13 COUNCIL MEMBERCHRISTIANSEN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, THE Nebraska Department of Roads is in the final stages of design for the widening of Highway 133 Phase III that will extend into the City of Blair and has requested the City of Blair and the Papio Missouri Natural Resource District to relocate their existing 12 inch water main to a new private easement outside of the new right of way limits of Highway 133 widening Phase III; WHEREAS, THE City of Blair and JEO Consulting Group, Inc. wish to enter into a Professional Services Agreement to provide preliminary engineering and right of way services for this 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 Agreement between City of Blair and the JEO Consulting Group, Inc. COUNCILMEMBER CHRISTIANSEN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER KEPHART. UPON ROLL CALL, COUNCILMEMBERS STEWART, SHEPARD, RYAN, KEPHART, CHRISTIANSEN, JENSEN, HALL AND ANDERSEN VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 23RD DAY OF APRIL, 2013. CITY OF BLAIR, NEBRASKA 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 the City of Blair, Nebraska, held on the 23rd day of April, 2013. 6"al BRENDA R. WHEELER, CITY CLERK [ Professional Agreement .-Iwy. 133 Water Relocation I wri 'lair, Nebraska i1!Q.LUIn STANDARD FORM OF BETWEEN OWNER AND ENGINEER • PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE And Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS And Amended By JEO CONSULTING GROUP, INC. Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 101515 th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47 th Street, New York, NY 10017 EJCDC No. 1910 -1 (1996 Edition) Date Prepared March 28, 2013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of April 23, 2013 ( "Effective Date ") between City of Blair, Nebraska (OWNER ") and JEO Consulting Group, Inc. ( "ENGINEER "). OWNER intends to hire Engineer for professional services, see Exhibit A, attached hereto ( "Project ").OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as follows. ARTICLE 1 — SERVICES OF ENGINEER 1.01 Scope A. ENGINEER shall provide the Basic and Additional Service set forth herein and in Exhibit A. B. Upon issuance of Notice to Proceed by the Owner, ENGINEER is authorized to begin Basic Services as set forth in Exhibit A. ARTICLE 2 — OWNER'S RSPONSIBILIES 2.01 General A. OWNER shall have the responsibilities set forth herein and in Exhibit B, attached hereto. ARTICLE 3 — TIMES FOR RENDERING SERVICES 3.01 General A. ENGINEER's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. Unless specific periods of time or specific dates for providing services are specified in this Agreement, ENGINEER's obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services according to reasonable industry standards. B. If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided, and if such periods of time or date are changed through no fault of ENGINEER, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If OWNER has requested changes in the scope, extent, or character of the Project, the time of performance of ENGINEER's services shall be adjusted equitably after written notice to Owner of such an extension. C. For purposes of this Agreement the term "day" means a calendar day of 24 hours. D. Schedule: i. Notice to Proceed — June 15, 2013 ii. 60% complete plans — July 30, 2013 iii. Initiate Right of Way — September 1, 2013 iv. 90% complete plans — November 1, 2013 v. Final plans to NDOR /DHHS — November 15, 2013 vi. Council approval — January 2014 vii. Bidding award — February 2014 viii. Construction — June 2013 to October 2014 Agreement Between Owner and Engineer for Professional Services Page 1 of 10 Revised Aug 10 ARTICLE 6 — GENERAL CONSIDERATIONS 6.01 Standards of Performance A. The standard of care for all professional engineering and related services performed or furnished by ENGINEER under the Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same' time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. B. ENGINEER shall be responsible for the technical accuracy of its services and documents resulting therefrom, and OWNER shall not be responsible for discovering deficiencies therein. ENGINEER shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in OWNER furnished information. C. ENGINEER shall perform or furnish professional engineering and related services in all phases of the Project to which this Agreement applies. ENGINEER shall serve as OWNER's prime professional for the Project. ENGINEER may employ such ENGINEER's Consultants as ENGINEER deems necessary to assist in the performance of furnishing of the services. ENGINEER shall not be required to employ any ENGINEER's Consultant unacceptable to ENGINEER. D. ENGINEER and OWNER shall comply with applicable Laws and Regulations and OWNER mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to OWNER's responsibilities or to ENGINEER's scope of services, times of performance, or compensation. E. OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by OWNER to ENGINEER pursuant to this Agreement. ENGINEER may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in the ENGINEER's having to certify, guarantee or warrant the existence of conditions whose existence the ENGINEER cannot ascertain. OWNER agrees not to make resolution of any dispute with the ENGINEER or payment of any amount due to the ENGINEER in any way contingent upon the ENGINEER's signing any such certification. 6.02 Authorized Project Representatives A. Contemporaneous with the execution of this Agreement, ENGINEER and OWNER shall designate specific individuals to act as ENGINEER's and OWNER's representatives with respect to the services to be performed or furnished by ENGINEER and responsibilities of OWNER under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective party. 6.03 Design without Construction Phase Services A. Should OWNER provide Construction Phase services with either OWNER's representatives or a third party, ENGINEER's Basic Services under this Agreement will be considered to be completed upon completion of the Final Design Phase or Bidding or Negotiating Phase as outlined in Exhibit A. B. It is understood and agreed that if ENGINEER's Basic Services under this Agreement do not include Project observation, or review of the Contractor's performance, or any other Construction Phase services, and that such services will be provided by OWNER, then OWNER assumes all responsibility for interpretation of the Contract Documents and for construction observation or review and waives any claims against the ENGINEER that may be in any way connected thereto. Agreement Between Owner and Engineer for Professional Services Page 3of10 Revised Aug 10 6.06 Termination A. The obligation to provide further services under this Agreement may be terminated: 1. For cause, a. By either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. b. By ENGINEER: 4 1. upon seven (7) days written notice if ENGINEER believes that ENGINEER is being requested by OWNER to furnish or perform services contrary to ENGINEER's responsibilities as a licensed professional; or 2. upon seven (7) days written notice if the ENGINEER's services for the Project are delayed or suspended for more than ninety (00) days for reasons beyond ENGINEER's control. 3. ENGINEER shall have no liability to OWNER on account of such termination. C. Notwithstanding the foregoing, this Agreement will not terminate as a result of such substantial failure if the party receiving such notice begins, within seven (7) days of receipt of such notice, to correct its failure within no more than thirty (30) days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such thirty (30) day period, and if such party has diligently attempted to cure the same, then the sure period provided for herein shall extend up to, but in no case more than, sixty (60) days after the date of receipt of the notice. 2. For convenience, By OWNER effective upon the receipt of notice by ENGINEER. B. The terminating party under paragraphs 6.06.A.1 or 6.06.2 may set the effective date of termination at a time up to thirty (30) days later than otherwise provided to allow ENGINEER to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. 6.07 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 6.08 Successors, Assigns, and Beneficiaries A. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 6.08.13, the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, with respect to all covenants, agreements and obligations of this Agreement. B. Neither OWNER nor ENGINEER may assign, sublet, or transfer any rights under or interest (including, but without limitation, monies that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by OWNER or ENGINEER to any Contractor, Contractor's Agreement Between Owner and Engineer for Professional Services Page 5 of 10 Revised Aug 10 certified mail postage prepaid, or by a commercial courier services. All notices shall be effective upon the date of receipt. 6.13 Survival A. All express representations, indemnifications, or limitation of liability included in this Agreement will survive its completion or termination for any reason. 6.14 Severability A. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 6.15 Waiver A. Non - enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 6.16 Headings A. The headings used in this Agreement are for general reference only and do not have special significance. 6.17 E- Verify A. Engineer shall register with and use the E- Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986, to determine the work eligibility status of new employees physically performing services within the State of Nebraska. Engineer shall require the same of each subcontractor. ARTICLE 7 — DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) and printed with initial or all capital letters, the terms listed below have the meanings indicated, which are applicable to both the singular and plural thereof: 1. Addenda — Written or graphic instruments issued prior to the openings of Bids which clarify, correct, or change the Bidding Documents. 2. Additional Services — The services to be performed for or furnished to OWNER by ENGINEER in accordance with Exhibit A, Part 2, of this Agreement. 3. Agreement — The "Standard Form of Agreement between OWNER and ENGINEER for Professional Services," including the Exhibits listed in Article 8 hereof. 4. Application for Payment — The form acceptable to ENGINEER which is to be used by the Contractor in requesting progress or final payments for the completion of its Work and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 5. Basic Services — The services to be performed for or furnished to Owner by ENGINEER in accordance with Exhibit A, Part 1, of this Agreement. 6. Bid — The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidding Documents — The advertisement or invitation to Bid, instruction to bidders, the Bid form and attachments, the Bid Bond, if any, the proposed Contract Documents, and all Addenda, if any. Agreement Between Owner and Engineer for Professional Services Page 7 of 10 Revised Aug 10 ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included A. Exhibit A, "ENGINEER's Services," consisting of 4 page(s). B. Exhibit B, "OWNER's Responsibilities," consisting of 1 page(s). C. Exhibit C, "Payments to ENGINEER for Services and Reimbursable Expenses," consisting of 3 page(s)._ 1. Attachment "1" to Exhibit C "Independent Cost Estimate" consisting of 5 pages D. Exhibit D, "Insurance," consisting of 1 page(s). 8.02 Total Agreement A. This Agreement (consisting of pages 1 to 10 inclusive, together with the Exhibits identified above) constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Agreement Between Owner and Engineer for Professional Services Page 9 of 10 Revised Aug 10 This is EXHIBIT A, consisting of 4 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services. ENGINEE's Services Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties. ENGINEER shall provide Basic and Additional Services as set forth below. 1. The City of Blair (Blair) and the Papio- Missouri River Natural Resources District (PMRNRD) have been required by the Nebraska Department of Roads (NDOR) to relocate water distribution system features to allow for widening of Highway 133. In general, the City of Blair relocations will consist of one undercrossing of Highway 133 near Mutual of Omaha, one Washington County roadway under crossing and extend southerly to the Highland Estates approximately 4,000 feet. The PMRNRD improvements consist of two under crossings of Highway 133 near NDOR stations 480 +00 and 604 +00 and relocation of water main from stations 475 +00 to 485 +00. A residential meter pit is planned to be relocated near 465 +00. The project is being funded by NDOR with design, bidding and construction services under contract to the City of Blair with an inter -local agreement with the PMRNRD for a portion of the project. The water main relocations will be designed in accordance with Nebraska Department of Health and Human Services (DHHS) and proposed to be located in private easements and NDOR right of way secured as part of the project. 2. Project Management a. The Project Manager will serve as point of contact and maintaining the project schedule and budget. This task includes activities to initiate and monitor project schedules, workload assignments and internal cost controls throughout the project. Also included are efforts to prepare and process monthly invoices, progress reports; prepare project correspondence with the City of Blair and PMRNRD and NDOR; and maintain project records. Work will be invoiced to the City of Blair. 3. Meetings a. The City's Project Manager will supply a list of invitees for meetings and JEO will be responsible for notification to attendees. JEO will create and distribute a meeting agenda at least 48 hours prior to all meetings and furnish meeting minutes within seven days after each meeting. b. JEO will schedule and attend a kick -off meeting with City and PMRNRD staff. c. Prepare for and attend meetings at 60% complete and 90% complete plan review. 4. Survey and field work a. Coordinate with NDOR to gather existing electronic files and information. b. Create legal descriptions for seven permanent easements by identifying the centerline of the easement and width /length. c. Utilizing electronic information from NDOR, create an electronic drawing illustrating, site features, property boundaries, and existing utilities resulting from the NDOR surveys. A. Conduct a geotechnical investigation including borings along the water main route to obtain recommendations on soil conditions, expected compaction ratios and depth of groundwater, if any. Prepare a geotechnical report, for the portion of the work attributable to the City of Blair, summarizing findings of the geotechnical investigation. 5. Prepare 60% complete plan set a. Site inspection will be conducted with the kickoff meeting. Page 1 of 4 Pages (Exhibit A — ENGINEER's Services) Revised Aug 10 This task involves the preparation of appraisal reports by MWROW for affected properties. The reports will provide the amount of just compensation for the land to be acquired and estimate severance damages to the remainder for the partial acquisitions. The appraiser will be approved by the State of Nebraska Department of Roads to provide appraisals for Federal Aid Projects. d. Appraisal reviews This task involves the review of the completed appraisal reports by MWROW to make sure they represent fair market value for the property under consideration and a reasonable estimate of just compensation due the property owners. The review appraiser will be approved by the State of Nebraska Department of Roads to review appraisals for Federal Aid Projects. e. Acquisition MWROW will make every effort to understand the project's objective, the appraisal and the project's impact on each property before meeting with individual property owners. They will present and explain the offers and all right of way documents, answer all acquisition - related questions, and secure signatures from all interested parties. MWROW acquisition agents will obtain tenant information from property owners and proceed to obtain signed leasehold contracts. MWROW acquisition agents will attempt to meet with each property owner in person if possible. A local title company will provide a title report for each parcel and MWROW will prepare the right of way documents based on the information provided in the report. The goal is to acquire the necessary right of way through amicable negotiations. MWROW will perform the above services in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended. f. Audit compliance The City of Blair and the PMRNRD will approve all signed purchase agreements and will make payments to each property owner and tenant, as required. If counter offers are received from property owners, MWROW will submit a Negotiated Settlement Request to the City of Blair and PMRNRD and NDOR for their approval. This will be done on an ongoing basis during negotiations with the property owners. If the City of Blair and PMRNRD or NDOR feel that the settlement is justified, MWROW acquisition agents will modify the paperwork and complete the acquisition process. The City of Blair and PMRNRD then record each permanent easement and /or deed and provide copies of the recorded documents and payment vouchers or checks. MWROW will keep an electronic copy of all completed tract files and supply a copy for audit purposes by Nebraska Department of Roads. MWROW will participate in the right of way audit process with NDOR's Local Public Agency coordinator to ensure compliance with the Uniform Act. 8. Bidding a. Distribute documents. and manage plan holders list Furnish copies of plans, specifications, and contract documents of the project to prospective bidders, material suppliers and other interested parties upon their request and upon receipt of a nonrefundable fee, to be determined by Engineer. b. Respond to questions from contractors c. Prepare and distribute one addendum. d. Prepare for and attend one bid opening e. Tabulate bids and furnish recommendation of award f. Prepare contract Prepare Contract Documents for execution by Contractor and the City of Blair. 9. Services not included a. Topography and legal survey, field verification of section corners, property pins, locating existing right of way or easements and staking of proposed easements b. Metes and bounds or boundary survey to locate and /or stake pins /corners c. Metes and bounds legal descriptions of easements d. Water main profiles Page 3 of 4 Pages (Exhibit A — ENGINEER's Services) Revised Aug 10 This is EXHIBIT B, consisting of 1 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services. ONER's Responsibilities Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. I 2.01 Unless specifically set forth in Part 1 of Exhibit "A ", and in addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall: A. Provide ENGINEER with all criteria and full information as to OWNER'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will required to be included in the Drawings and Specifications; and furnish copies of OWNER'S standard forms, conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable. B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or time of performance of ENGINEER'S services, or any defect or nonconformance in ENGGNEER'S services or in the work of any Contractor. D. Arrange for safe access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under the Agreement. E. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as OWNER deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. F. Provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Placement and payment for advertisement for Bids in appropriate publications. G. Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. Page 1 of 1 Pages (Exhibit B — Owner's Responsibilities) Revised Aug 10 C4.02 For Basic Services Having an Undetermined Scope — Standard Hourly Rates Method of Payment (Section not used) C4.03 For Additional Services A. OWNER shall pay ENGINEER for Additional Services as follows: 1. Genera /. For services of ENGINEER'S employees - engaged directly on the Project pursuant to paragraph A2.01 or A2.02 of Exhibit A, except for services as a consultant or witness under paragraph A2.01A.23, an amount equal to the cumulative hours charged to the Project by each of ENGINEER'S employees times Standard Hourly Rates for each employee for all Additional Services performed on the Project, plus Reimbursable Expenses and ENGINEER'S Consultant's charges, if any. B. Serving as a Witness. For services performed by ENGINEER'S employees as witnesses giving testimony in any litigation, arbitration, or other legal or administrative proceeding under paragraph A2.01.A.23, at the rate of $(to be negotiated) per day or any portion thereof (but compensation for time spent in preparing to testify in any such litigation, arbitration, or proceeding will be on the basis provided in paragraph C4.03.A.1). Compensation for ENGINEER'S Consultants for such services will be on the basis provided in paragraph C4.06. C4.04 For Reimbursable Expenses A. Reimbursable Expenses. ENGINEER typically includes most reimbursable expenses in hourly rates. To the extent not included, the OWNER will be notified and will be billed at cost times a factor of 1.0. C4.05 Standard Hourly Rates A. Standard Hourly Rates are set forth in Attachment "1" to Exhibit C. B. The Standard Hourly Rates may change from time to time to reflect employee pay changes and associated overhead costs. C4.06 For ENGINEER'S Consultant Charges A. Whenever compensation to ENGINEER herein is stated to include charges of ENGINEER'S Consultants, those charges shall be the amounts billed by ENGINEER'S Consultants to ENGINEER times a Factor of 1.0. C4.07 Factors A. The ENGINEER'S Consultant's Factors include ENGINEER'S overhead and profit associated with ENGINEER'S responsibility for the administration of such services and costs. C4.08 Other Provisions Concerning Payment A. Progress Payments. The portion of the amounts billed for ENGINEER'S services which are related to the services identified in paragraphs C4.02 and C4.03, will be during the billing period based on the cumulative hours charged to the Project by each of ENGINEER'S employees times the Standard Hourly Rate for each employee plus Reimbursable Expenses and ENGINEER'S Consultant's charges, if any. B. Extended Contract Times. Should the Contract Times to complete the Work be extended beyond the period identified in paragraph C4.01, payment for ENGINEER'S services shall be continued based on the Standard Hourly Rates Method of Payment, unless otherwise negotiated. C. Estimated Compensation Amounts 1. ENGINEER'S estimate of the amounts that will become payable for Basic Services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to ENGINEER under the Agreement. Page 2 of 3 Pages (Exhibit C – Payments) Revised Aug 10 This is EXHIBIT D, consisting of 1 page, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services. Insurance Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties. j G6.05 Insurance A. The limits of liability for the insurance required by paragraph 6.05.A and 6.05.13 of the Agreement are as follows: 1. By ENGINEER: a. Workers' Compensation: Statutory b. Employer's Liability -- 1) Each Accident: $ 500,000 2) Disease, Policy'Limit: $ 500,000 3) Disease, Each Employee: $ 500,000 C. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage): $ 1,000,000 2) General Aggregate: $ 2,000,000 d. Auto Liability- 1) Combined Single: $ 1,000,000 e. Excess or Umbrella Liability -- 1) Each Occurrence: $ 1,000,000 2) General Aggregate: $ 1,000,000 f. Other (specify): $ 1,000,000 per occur. Professional Liability $ 2,000,000 aggregate Page 1 of 1 Page (Exhibit D - Insurance) Revised Aug 10 TASKS = , P CLASSI FICATIONS-. QC ENG PM PEDES SV ADM Total For-Engineering Services: 1_'Surve 1.1 Legal Descriptions 40 40 1.2 Process Survey Data 12` "'_ 12 2. Prellrnma En ineefi 2.1 Gather and process electronic data from NDOR 1 4 5 2.2 Site inspection with kickoff meeting) 4 4 8 2.3 Utilities coordination 1 2 3 2.4 Preliminary right of way design 2.5 Prepare preliminary plans 16 44 '60 2.6 Conduct internal 60% QA/QC 2.7 QA/QC comments and submit 60% p lans and address comments 2 2 4 2.8 Prepare 90% plan set 24 16 40 2.9 Prepare specifications 24 24 2.10 Prepare SWPPP 2 4 6 2.11 Prepare NDOR permits to undercross right of way 2 2 2.12 Prepare Washington County roadway under crossing permit 2 2 2.13 Prepare opinion of probable cost 1 4 5 2.14 Prepare final right ofway design 2.15 Conduct internal 90% QA/QC 2.16 QA/QC comments and submit 90% plans and address comments 4 4 8 2.17 Prepare final plans 8 16 - 24 2.18 Plans andspecifications for NDOR & Nebraska DHHS review 1 2 2 2.19 NDOR review and revise comments 4 4 `8 3. Right of Wa 3.1 Coordinate Midwest ROW with title search 2 2 3.2 Provide plat and legal descriptions for Midwest RO 3.3 Coordinate Midwest ROW appraisals 3,4 Coordinate Midwest ROW review appraisals ; - :- 3.5 Acquisitions site meetings with one landownerz 4. Biddin 4.1 Distribute documents manage Ian holders list respond to questions 8 16 24 4.2 Prepare for and attend re -bid meeting N <' r 4.3 Prepare and distribute one addendum 4... 2> �6 4.4 Tabulate bids and recommendation of award.. .'n. 2 4 '6 4.5 Prepare contracts 4 nil 1 ., _. +5 5. Project Management and QC - _ _ 5.1 Project Management 16 16 5.2 Quality Assurance/Quality Control 8 -6 6. Progress Meetings 6.1 Prepare for and attend kickoff meeting, 60 %, 90 %meetin s 12 4 16 6.2 Meeting minutes for kickoff meeting, 60% 90% meetings 4 2 6 Total Hours �- 50 -117 X 900 52 25 _ 344 Total Days (8 hrs) c?„ _ _• 1 6.3 15% :14.61 34% 12.51 29% 6.51- 15% 3.11 7% 1 1 43.0 CLASSIFICATIONS': QC = Quality Control PE = Project Engineer UD1 = User Defined 1 ENGR = Senior Engineer DES = Designer UD2 = User Defined 2 PM = Project Manager SV = Survey UD3 = User Defined 3 , ADM = Administrative For Project Manager, use one of the technical classifications "For User - Defined Classifications, you will need to edit the Classifications Legend located above. To enter a new classification, replace "UDf" with its abbreviation (ex. GR4) and replace "User Defined f" with the corresponding title (ex. Graphic Artist). Once the user - definitions are added, they will self - populate the Estimate of Hours table, as well as the remaining sheets. Consultant Independent Cost Estimate Estimate of Hours ATTACHMENT "1" TO EXHIBIT "C" Celli_ Ilia, h Iro @rlil Dired Ex penses Project Name: Highway 133 Phase III Water Main Relocation for Blair and PMRNRD Project Number: STPD- 133 - 3(1033) Control Number: 21791a Location (City, County): Blair, NE, Washington County Firm Name: JEO Consulting Group, Inc. Consultant Project Manager: Marc Rosso, PE Phone /Email: 402.314.4006 LPA Responsible Charge: Allen Schoemaker Phone /Email: 402.426,4191 NDOR Project Coordinator: Rex Wilson Phone/Email: 402.479.4425 Date: March 25, 2013 Im in Subconsuitants: -Quantity : AJn1t Cost ,_.'- Arnount__ _ Thalia Geotech 1 $2,525.00 - - „$2 525.00 Midwest Right of Way, Blair & PMRNRD, per tract 7 $4,475.00 $31 325:00 r_ Subtotal $75.81 Actual reasonable cost Color Copies - - Subtotal $33,850.00 Printing and Reproduction:. - ,' - -.. = Quantity `= Unit Cost -- Amount Rate Company Automobile Facilities Capital 0.74% 1 $75.81 "$75.81 r_ Subtotal $75.81 Actual reasonable cost Color Copies . - . •- , - . - ;- _ - : � -; - .. . _ _ - ,; Subtotal = _ . $33,925.81 Miscellaneous Postage, Mailing, Deliveries Etc. Actual reasonable cost Equipment Actual reasonable cost Privately Owned Vehicle -, • 'r = _�Subtotal Actual reimbursement amount to employee, not to exceed rates for company vehicles outlined above Automobile Rental - .. b .. - - Su total _ MileagelTravel: ' - = : ,: ;: _ -. -° _ :: Quantity : Unit Cost Amount Rate Company Automobile Facilities Capital 0.74% 1 $75.81 "$75.81 r_ Subtotal $75.81 Actual reasonable cost Color Copies . - . •- , - . - ;- _ - : � -; - .. . _ _ - ,; Subtotal = _ . $33,925.81 Miscellaneous Postage, Mailing, Deliveries Etc. Actual reasonable cost Equipment Actual reasonable cost Privately Owned Vehicle -, • 'r = _�Subtotal Actual reimbursement amount to employee, not to exceed rates for company vehicles outlined above Lodging /Meals ' - ^> Quantity Unit Cost Amount Rate Company Automobile Facilities Capital 0.74% 1 $75.81 "$75.81 r_ Subtotal $75.81 Actual reasonable cost Color Copies . - . •- , - . - ;- _ - : � -; - .. . _ _ - ,; Subtotal = _ . $33,925.81 Other Miscellaneous Costs: ; Quantity Unit Cost Amount Rate Company Automobile Facilities Capital 0.74% 1 $75.81 "$75.81 r_ Subtotal $75.81 Actual reasonable cost Color Copies TOTAL DIRECT EXPENSES . '' - _ -- = _ . $33,925.81 2011 Standard Rates* �= _ Type Rate Company Automobile Prevailing standard rate as established by the IRS, currently $0.51 /mi Survey Vehicle Prevailing standard rate as established by the IRS, currently $0.535 /mi Black and White Copies Actual reasonable cost Color Copies Actual reasonable cost Miscellaneous Postage, Mailing, Deliveries Etc. Actual reasonable cost Equipment Actual reasonable cost Privately Owned Vehicle Actual reimbursement amount to employee, not to exceed rates for company vehicles outlined above Automobile Rental Actual reasonable cost Air fare Actual reasonable cost, giving the State all discounts Lodging Actual cost, (excluding taxes & fees), not to exceed federal GSA reimbursement guidelines, not to exceed $77 per person daily statewide; not to exceed $104 in Omaha/Douglas County, Meals Actual cost, not to exceed federal GSA reimbursement guidelines, currently: Statewide Omaha/Douglas County Breakfast $7.00 $10.00 Lunch $11.00 $15.00 Dinner $23,00 $31.00 Incidentals $5.00 $5.00 Totals $46.00 $61.00 * A full list of rates can be found at the following website: www.gsa.gov /perdiem Consultant Independent Cost Estimate Direct Expenses ATTACHMENT "1" TO EXHIBIT "C" P reliminaty Engineerin - - Consultant Independent Cost Estimate Cost by Task ATTACHMENT "1" TO EXHIBIT "C" TotaGHours Direct Labor . ,:.Cost Overhead 208.30 :Fixed Fee 12.55% ':, I Project-Cost For Englheeririg'SeNices: 1. Survey 52 $1,092.00 $2,274.64 $422.51 2. Preliminary Engineering 246 $6,100.52 $12,707.38 $2,360.39 '$21;168.29 3. Right of Way 2 $88,46 $184.26 $34.23 -$306.95. 4. Bidding 41 $1,061.47 $2,211.04 $410.70 $3,683.21 S. Project Management and QC 24 $1,061.52 $2,211.15 $410.72 - $3,683.39 6. Progress Meetings 22 $840.82 $1,751.43 $325.33 $2,917.58 . Direct Ex enses TOTAL.. -, . - - ......: _ • •. � 1 - .. _ ' :.: , 387' $10,244.79 $21,339.90 - :$3,963.88 :. - ,.$69,474.38 Consultant Independent Cost Estimate Cost by Task ATTACHMENT "1" TO EXHIBIT "C"