2013-43RESOLUTION NO. 2013 - 43
COUNCIL MEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair, Nebraska wishes to enter into an agreement with the State
of Nebraska Department of Roads for the Highway 133 Water Main Relocation, Project No.
STPD- 133 - 3(103), Control No. 21791A, Blair South.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska
and the State of Nebraska Department of Roads which has been presented to the City Council, is
hereby accepted and adopted by the City of Blair, Nebraska. Said Agreement is attached hereto
and is fully incorporated herein by reference
BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair,
Nebraska are hereby authorized and directed to execute said Agreement on behalf of the
municipality.
COUNCIL MEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ANDERSEN. UPON
ROLL CALL, COUNCIL MEMBERS SHEPARD, RYAN, STEWART, CHRISTIANSEN,
ANDERSEN, HALL AND JENSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 26TH DAY OF NOVEMBER, 2013.
CITY OF BLAIR, NEBRASKA
B
J M S E. REALPH, MAY R
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was
passed and adopted at a regular meeting of the Mayor and City Council of said city held on the
26th day of November, 2013.
BRENDA R. WHEELER, CITY' CLERK
..I
Project No. STPD- 133 - 3(103)
Control No. 21791A
01-;, 0-4.1,
AGREEMENT
STATE OF NEBRASKA, DEPARTMENT OF ROADS
CITY OF BLAIR
PROJECT NO. STPD- 133 - 3(103)
CONTROL NO. 21791A
ENGINEERING CONSTRUCTION SERVICES
BLAIR SOUTH
VR1216 SUPPLEMENT NO. 1
THIS AGREEMENT, made and entered into by and between City of Blair, hereinafter
referred to as the "City" and the State of Nebraska, Department of Roads, hereinafter referred to
as the "State ".
WITNESSETH:
WHEREAS, the State has plans for the new 4 -lane divided highway, grading and culverts;
WHEREAS, said construction will be undertaken under the project designation STPD-
133 - 3(103), and
WHEREAS, the City owns and operates a water line facility along and adjacent to a
portion of this project, some of which is resting outside of the limits of the old highway right of
way and on private property, and
WHEREAS, because of the widened right of way which the State has acquired for the
new construction, and because of the construction itself, it becomes necessary for the City to
adjust some, if not all, of its facility along this project, and
WHEREAS, the City is willing to rehabilitate its facility where necessary in accordance
with the conditions hereinafter provided in this agreement, and
WHEREAS, the State is willing to reimburse the City for its nonbetterment costs to
rehabilitate its facilities when the City facility is presently located outside of the old public right -
of -way and on private property, and
WHEREAS, the State is willing to pay the City for eligible nonbetterment expenses
incurred in connection with the rehabilitation of its facilities as provided by Federal -Aid Policy
Guide 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement ", and Federal -Aid
Policy Guide, 23 CFR 6456, "Accommodation of Utilities" issued by the Federal Highway
Administration.
NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows:
SECTION 1. The City hereby agrees to furnish, or cause to be furnished, all of the tools, labor,
equipment and materials necessary for the rehabilitation of its facility as made necessary by
construction.
SECTION 2. The description of work to be performed and the estimate of costs prepared by the
City have been approved by the State and are hereby made a part of this agreement. These
items are attached as Exhibit "B ". The total amount of this estimate is $60,254.38 of which
$60,254.38 is the share of the cost chargeable to the State. It is expressly understood that
notwithstanding this estimate the State will reimburse the City for 100% of its actual
nonbetterment expenses less any credits for salvaged or junked materials.
SECTION 3. The City agrees, as a part of the above described estimate to advise the State as
to the method which will be used in accumulating the actual costs. If this method is prescribed
by a Federal or State regulatory body, a statement to that effect shall be made by the City. If
the accounting method is not prescribed by an agency of the State or Federal Government, it
shall be described in the City's estimate and be approved as a part of this agreement.
SECTION 4. The City may submit progress billings for the portions of its rehabilitation that have
been completed. The City agrees not to submit progress billings for amounts less than
$2,500.00. The State will make progress payments, based upon satisfactory prosecution of
work, for 95 percent of the amount billed. The State will limit its payments to 95 percent of the
approved estimate referenced in Section 4 of this agreement pending the results of the final cost
audit. The State will make every effort to pay the City within thirty days of receipt of the City's
invoice.
SECTION 5. If the City wants to let a construction contract, the City shall do the following:
A. Comply with State public bidding statutes. If the City solicits bids from a list of
known contractors, the list must be submitted to the State for concurrence prior to
the soliciting of bids.
B. Submit the bid proposal, plans and construction schedule to the State for approval
I rior to letting a contract.
C. Require the contractor to abide by the provisions of the Nebraska Fair Employment
Practices Act as provided by Neb. Rev. Stat. § 48 -1101 through 48 -1126
(Reissue 2004), as amended, and all regulations relative to nondiscrimination in
federally assisted programs of the Department of Transportation, Title 49 CFR,
Parts 21 and 27 as set forth in Exhibit "A" attached hereto and made a part of this
agreement.
D. Submit a copy of the bids received and the City's recommendation of award to the
State for concurrence prior to any award.
Project No. STPD -133- 3(103) -2-
Engineering Construction Services
Blair South
VR1216 Supplement No. 1
E. Require any contractor or subcontractor engaged under this agreement to fully
comply with the provisions of the Nebraska Employment Security Law as provided
by Neb. Rev. Stat. § 48 -601 through 48 -671 (Reissue 2004), as amended, and the
same are incorporated herein by this reference.
SECTION 6. It is agreed and understood by the parties hereto that Federal -Aid Policy Guide
23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement ", and Federal -Aid Policy
Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S. Department of
Transportation, Federal Highway Administration, as supplemented, revised or updated
heretofore, is hereby expressly made a part of and incorporated into this agreement by this
reference.
SECTION 7. In consideration of the payment as mentioned in Section 4 of this agreement the
City agrees to relinquish or subordinate sufficient property rights or interests that it may have in
property upon which it has an easement or similar right that will be occupied by the proposed
highway improvement as are necessary for the construction, operation and maintenance of the
highway facility.
SECTION 8. All traffic controls must comply with the latest edition of the Manual on Uniform
Traffic Control Devices (MUTCD). If the State furnishes the City a traffic control plan, the City
must comply with the plan. The State has the right to shut down a City work area not in
compliance with the Manual on Uniform Traffic Control Devices.
SECTION 9. The City shall comply with the regulations relative to nondiscrimination in
federally- assisted programs of the Department of Transportation, Title .49 CFR, Parts 21 and 27,
as set forth in Exhibit "A" attached hereto and hereby made a part of this agreement.
SECTION 10. The City agrees that it and any contractor or subcontractor engaged under this
agreement will fully comply with the provisions of the Nebraska Employment Security Law as
provided by Neb.Rev.Stat. §48 -601 through 48 -671 (Reissue 2004).
SECTION 11. The City agrees that the billing will be prepared and submitted in a manner to
allow comparison with the approved estimate.
Project No. STPD- 133 - 3(103) -3-
Engineering Construction Services
Blair South
VR1216 Supplement No. 1
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.
EXECUTED by the this ?_6 day of / , 2Q[L.
�J
ATTEST:
EXECUTED by the State this 4 day of 4 b_� cam, bti. , 20 / 3 _
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Utilities Engineer Planning and Project Development Engineer
AGR16 -ZW
Project No. STPD- 133 - 3(103) -4-
Engineering Construction Services
Blair South
VR1216 Supplement No. 1
NONDISCRIMINATION CLAUSES
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor "), agrees as follows:
(1) Compliance with Regulations The Contractor will comply with the Regulations of the
Department of Transportation relative to nondiscrimination in federally assisted programs of
the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27,
hereinafter referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract.
(2) Nondiscrimination The contractor, with regard to the work performed by it after award and
prior to completion of the contract work, will not discriminate on the basis of disability, race,
color, sex, religion or national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix
"A," "B," and "C" of Part 21 of the Regulations.
(3) Solicitations for Subcontracts Including Procurements of Materials and Equipment In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the ground of handicap, race, color or national origin.
(4) Information and Reports The contractor will provide all information and reports required by
the Regulations, or orders and instructions issued pursuant thereto, and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be
determined by the State Highway Department or the Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish this information, the contractor shall so certify to the State Highway
Department, or the Federal Highway Administration as appropriate, and shall set forth what
efforts it has made to obtain the information.
(5) Sanctions for Noncompliance In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the State Highway Department shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be
appropriate, including but not limited to,
(a) withholding of payments to the contractor under the contract until the contractor
complies, and /or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions The contractor will include the provisions of paragraph (1)
through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto.
The contractor will take such action with respect to any subcontract or procurement as the
State Highway Department or the Federal Highway Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance: Provided, however, that, in
the event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the contractor may request the State to
enter into such litigation to protect the interests of the State, and in addition, the contractor
may request the United States to enter into such litigation to protect the interests of the
United States.
EXHIBIT "A"
City of Blair
Mr. Al Schoemaker, Responsible Charge
218 South 16th Street
Blair, Nebraska 68008 -1674
RE: Highway 133 Phase III Water Main Relocation, JEO Project #121091.00
Dear Mr. Schoemaker:
JEO Consulting Group, Inc. is pleased to submit this proposal for construction phase services.
Following is our project description, scope of services, proposed fee and terms and conditions.
We are available to start work immediately upon award of the construction contract to the
successful bidder.
PROJECT DESCRIPTION:
The scope of work required will include normal and customary construction phase services to
assist Blair with construction of the reference water main project. In addition, a resident project
representative will be on site full time when the contractor is working.
SCOPE OF SERVICES:
Reference Attachment 1. Proposed Project Schedule: As noted in Attachment 1.
PROJECT FEE:
The fee to complete professional services provided for in this proposal shall be billed on an
hourly not to exceed basis $60,254.38 unless otherwise agreed to. Reference Attachment 2.
TERMS AND CONDITIONS:
Reference JEO General Conditions, Attachment 3.
If the scope and fee presented in this letter is agreeable with your understanding of this project,
please execute the proposal by signing and dating below and returning one executed copy back
to JEO. If you have any questions concerning this letter, or if you need anything further from us
at this time, please call me at 402.314.4006
Sincerely,
Marc E. Rosso, PE Accepted this day of 2013.
Senior Project Manager By
JEO Consulting Group, Inc. Mayor lames Realph
JEO CONSULTING GROUPING
650 J Street l Sulte 2151 Unculn, Nebraska 68508.2916 1 p4'02.435.300 I €:402.435.4110
tv-�ttvi�ts.�cas
utilizing professional judgment and accepted tests to determine that the
Contractor has completed their contracts in substantial compliance with the
plans, specifications and contract documents.
4. Observation
a. Conduct field observation, on a full -time basis, of the project to ensure that the
construction is completed in accordance with the contract documents and
permits (Construction timeline assumed to be90 calendar days for 8 hours a day
on average with two Saturdays per month. No Sunday work unless approved by
the Owner).
L Onsite personnel will prepare and keep detailed notes, computations
and measurements;. records of quantities of pay items used in the work;
results from tests, certifications, and /or other basis of acceptance for
the work; a daily record of the contractors operations; and catalog time-
stamped photos documenting both preconstruction and post-
construction, as necessary.
ii. Verify that water main locations are in conformance with the plans and
within the designated right -of- way /easement.
iii. Verify that thrust blocking, anchorage and restraint are provided in
accordance with the plans.
iv. Verify valves and hydrants are installed to proper grades, orientation
and plumb.
v. Verify field modifications and inform Blair and the PMRNRD Project
Manager(s) prior to authorization of work. Consult with Blair and the
PMRNRD regarding alignment changes, utility conflicts, change
authorizations and change orders.
vi. Coordinate with utility companies that are involved with the project to
identify any conflicts that could result in delays to the Contractor's .
schedule as the ,project progresses.
vii. Record the GPS coordinates of pertinent water main features (valves,
fittings, and hydrants) and provide to the Blair and PMRNRD for their
record.
viii. SWPPP inspections
1. JEO will conduct SWPPP inspections every 14 days or within 24
hours after each occurrence of over 0.5" of rainfall.
2. Maintain SWPPP logs, inspection logs and maintenance records
to comply with State regulations.
3. Direct Contractor to maintain best management practices as
designed.
S. Construction Staking
a. JEO will provide construction staking for Contractor to build from. Staking to be
200' intervals along the centerline of the proposed water main, fittings, and
line /grade at roadway crossings.
6. Materials testing
a. Provide soil compaction testing services at appropriate intervals, but not less
than every 500' of pipeline.
V it � 5v 1
b. Provide concrete testing in accordance with ACI requirements at locations
requested by the Owner (it is assumed two sets of concrete cylinders for
concrete strength testing, a slump test and an air test will be required at 4
locations).'
7. Project Closeout
a. Provide project close out documentation within one month of the final
inspection and approval of the project.
b. Prepare Record Drawings to illustrate the final location of the water main and
appurtenances. Provide to the Blair and PMRND and submit to DHHS.
8. Schedule
a. Anticipate bidding award— February 2014
b. Construction —April to July 2014, complete by September 2014 at the latest.
9. Deliverables
a. Meeting minutes
b. Daily reports
c.. Pay applications
d. Digital photos (preconstruction, construction phase and post construction)
e. Documentation of punch list items and resolution with associated
correspondence
f. Declaration of substantial and final completion sealed by the engineer of record
g. One full size set of record drawings in in both electronic and hard copy format
for Blair and the PMRNRD.
V 12 16 suPP i-
Project Name: Hlghway 133 Phase If Water M Rel ocat i o n for B and PMRNRD
Project Number: STPD.133.3(1033) '
Control Number. 21791a
Location (City, County): Blair, NE, Washington County
Firm Name: JED Consulting Group, Inc,
Consultant Project Manager. Marc Rosso, PE
PhonelEmail: 402.314.4DO6
LPA Responsible Charge: Allen Schoemaker
Phone/Email: 402426.4191
NDOR Project Coordinator. Rex Wilson
Phone/Email: 402.479,4425
Date: September23,2013
CLASSIFICATIONS*:
PM = ProJed Manager SV = Survey UD1 = User DefiinedI
PE = Project Engineer ADM = Administrative UD2 = User Defined
CARD = CADD Tenidan OBS = Observation U
rh D3 = User Defined
ForPmjed Manager, use one ofthe technical dasslfcaffions
- For User - Defined Classifications, you VAllneed to edit the Classificetions Legend located above. To enters new classfication, replace'UD1 " with its abbmviatfon
(ex. GRA) and replace °User Defined 1 "with the co esponding title (ex. Graphic Adiso. Once the userdefirixons am added, they will self - populate the Estimate of
Hours table, as well as the mmaining sheets.
Consultant Independent Cost Estimate
Estimate of Hour
ATTACHMENT °2"
ta,
Project Name: loo—Y 133 P— M Mtl unuo R—on W Oak Uni PMM
Project Number: sTP0.1]]a11a]]) ,
21M.
Loo,ation (city, county): sue'Ne.—d—Y
FY.N.— le. -uu. he
con-unt Pr'loot manager: —Oaw
Phone .11: —
LPARe P—IbloChllql: —.—
Phone all; —ion
NDOR Project CoondinItIn: R.Y—
phonelEmall;
.Date:
Codes
Pr loot Manager M.. R—
$4S.56 JDO.D
Protect Englnev
alek.Shkel
E3 &65 100.0%
Pm 1prellot
PE
mmene,
Pr ed Meer
9
67
$45.58
$M65
x9- : 5 41D 04
CARD
CADO Technldan —
Blendetl Rata W
S229D IMM
—
sv
M.
M�.
22
= so
117.11
2,2.
Is.-
oas
obs—son
542
Mir?
gUllll��-�'slzs...
Blended R
— BF. — dedRt.
TOTAL
—
6641
—nl,
6,tT1.6]4
Overhead Rate,' 20&3D% Fixed F- 1255%
cLPSS FICATIONT.
PM = Projeolmaragor SV= S.-Y UDI = U , Defined
PE = PrqedEnginea ADM= Ad.k6tedve U 2=U—V,Gred2
CADD = MOT.ohnkien OBS Ob—tion UD3 = Lis., Dared 3
ST AF FI N G - PLAN'
Pr loot Manager M.. R—
$4S.56 JDO.D
Protect Englnev
alek.Shkel
E3 &65 100.0%
Blendetl Rata :6
CADD Toohnilder,
Dole 13r-bM.
$19.83 100.0-A
Surve RMUT..I.
Blendetl Rata W
S229D IMM
Ad.lrIsha&.
Gyrthts Wreulat
$17.51 1000%
Blentletl Rata E3. 9�n1 +.
Observation
Andrew —h—
12287 100.0%
Blendetl Rata ' ?213
Blended R
— BF. — dedRt.
Blended Ran.
. pu,— annoYn. -- . .. ... V——.
conend]nnt Independent Cost Esfinrud T.1al.f -% A.t,, _t 1� w. p—�e dX-tron onlogy. ff.. p— � 0 .. fifo�b� kthh— a. t00% to, -%
Labor Rates "'e, ATTACHMENT ° 2'
PP
Project Name: Highway 133 Phase III Water Main Reloc for Blair an 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
PhonelEmail: 402.479.4425
Date: September 23,2013
Sulic6ri5pltants , S r.
_ Quahti k _Zd
> Umt Cost 1
s Amo'unt,�
_„
Thele Geotech
1
$4 D00.00
�. `a`l t,',$4 000.')
..,..:$1W7li
TOTALDIRECTEXPENSES ,T
....:r,,.�rb4,119.71
1mv gm
Miscellaneous Postage, Mailing, Deliveries Etc.
Actual reasonable cost
Equipment
a t t `S7..i. Y
Actual reasonable cost
Privately Owned Vehicle
Actual reimbursement amount to employee, not to exceed rates for company vehicles outlined above
Pit ntid 'a ndR ep ro d QctIdin s 777 MT77777
.�QUanu =
UditCps6t
Amp Lntr 4 y:
.1 1 $119.71
Prevailing standard rate as established by the IRS, currently $0.535 /Ml
x'
_ "Subtotal
..,..:$1W7li
TOTALDIRECTEXPENSES ,T
....:r,,.�rb4,119.71
F.
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
Airfare
Actual reasonable cost, giving the State all discounts
Lodging
f . t ,- -�'? ` ae j - -.P ✓'S, , �. _. -;r a, 't.{ -. S, _ s .
±- Sublofal
Milea elfra4eL. � - ,j.:�: 33 .�k., a _ _ -� s=
.�QUanu =
UditCps6t
Amount
.1 1 $119.71
Prevailing standard rate as established by the IRS, currently $0.535 /Ml
x'
_ "Subtotal
..,..:$1W7li
TOTALDIRECTEXPENSES ,T
....:r,,.�rb4,119.71
F.
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
Airfare
Actual reasonable cost, giving the State all discounts
Cod 01 n /Meals. r 0. }�;9i �', ,
a Quanti "`
je Un)tCgsix
? AvYe'unt, 1 4'.s
.1 1 $119.71
Prevailing standard rate as established by the IRS, currently $0.535 /Ml
x'
_ "Subtotal
..,..:$1W7li
TOTALDIRECTEXPENSES ,T
....:r,,.�rb4,119.71
Actual reasonable cost
Miscellaneous Postage, Mailing, Deliveries Etc.
Actual reasonable cost
Equipment
Other Miscellaneous Costa „r
Quanti "'ts UnitC6_stt
fa Ct;Amount _ __
Faclfilles Ca ital D.74%
.1 1 $119.71
Prevailing standard rate as established by the IRS, currently $0.535 /Ml
x'
_ "Subtotal
..,..:$1W7li
TOTALDIRECTEXPENSES ,T
....:r,,.�rb4,119.71
Company Automobile
Prevailing standard rate as estahusbed by me IRS, currenuy w.oi rml
Survey Vehicle
Prevailing standard rate as established by the IRS, currently $0.535 /Ml
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
Airfare
Actual reasonable cost, giving the State all discounts
Lodging
Actual cost, (excluding taxes & fees), not to exceed federal GSA reimbursement guidelines,
"Otto exceed $77 per person dally statewide; notto exceed $104 in Omaha/Douglas County.
Meals
Actual cost, not to exceed federal GSA reimbursement guidelines, currently:
Statewide OmahalDouglas County
Breakfast
$7.00 $10.00
Lunch
$11.00 $15.00
Dinner
$23,00 $31.00
Incidentals
$5.00 $5.00
can be found at the following website: www.osa.eov /oerdiem
ATTACHMENT
sof
Project Name: Highway 133 Phase III Water Main Relocation for Blair and P MRNRD
Project Number: STPD - 133 - 3(1033)
Control Number: 21791a
Location (City, County): Blair, NE, Washington County
Finn 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: September 23, 2013
Dire 4f Lfabor Costs st a s a a ' �:
.- - .... r ,gin ak✓' �3
P_, ersonnelCla'ssificabon .- =m,. ..�_, _. r, i3z,�. �; „tit,,,.
Project Manager
' j yours �� a
4'.f,
..� .. +_. &. �.r
9
x '' Rate } �s3 ''�
,.a 3'S raa AmounfNO
x•. nG�.� ,,a*�,��� rr f�`!S''
$45.56 Fir z"�$41004.�
Project Engineer
67 •
$36.65 3t'�$2 x56;55+
CADD Technician
6
$19.83..
Survey
18
$22.90
Administrative
22
$17.51'�'- s $385`22
Observation'
542
$22.87
TOTALS 5 ; a
� `1 nl ,� 7$1617753'.
Dii`ect`Ex >. , ! -:
Amounts t
Direct Labor Costs
P= 9 $16 17ta
Subconsultants
Printing and Reproduction Costs
" $33 697:79.`
Milea e/rravel
t "' a $48 87552
Fixed Fee 12.55%
Lodging/ Meals"
't $4 4187'T
Other Miscellaneous Costs
n
PROaECTCOSTta`;
$60,254_39.
TOTALS_
Totbl, C?ro ecfCdsts s _ F:
Direct Labor Costs
P= 9 $16 17ta
Overhead 208.30%
" $33 697:79.`
Total Labor Costs
t "' a $48 87552
Fixed Fee 12.55%
Direct Expenses
't $4 4187'T
n
PROaECTCOSTta`;
$60,254_39.
Consultant Independent Cost Estimate
Project Cost
ATTACHMENT "2" '
Project Name: Highway 133 Phase III W at er Main Relocation for Blair and PMRNRD
Project Number: STPD- 1333(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: September 23, 2013
Consultant Independent Cost Estimate
Cost by Task
ATTACHMENT "2"
Direct Labor
ixedP�ea,J 14 Totei�za
$
Tofal`l� ours
j`x�`Cost s'
t�, 20830,/ea
q`s1255°x'. K s r, FPro /ectCOSt"
.
foi rin'9,_er�ees. n ”
t,�
s.
„Eng !nee .s,
1. Proj Manag
19
$720.44
$1,500.68
$278.75
i F#
2. Meetin s
43
$1,359.57
$2,831.98
$526.04 Tf $471759 Isar„
3. Construction Administration
44
$1,268.06
$2,641.41.
$490.64+':$440013'r
�s
4. Observation(RPR)
520
$11,892.40
$24,771.87
$4,601.37` $4126564 '�.
-1v +_zr
5. Construction Staking
22
$491.46
$1,023.71
$190.15 Ns- $170532
7. Pro closeout
16
$445.58
$928.14
$172040
" $4t119 7'f ° i
Direct Ex enses
TOTAL„
,$60,25438 S?r
Consultant Independent Cost Estimate
Cost by Task
ATTACHMENT "2"
GENERAL CONDITIONS
1. SCOPE OF SERVICES: JED Consulting Group, Inc. (JED) shall
perform the services described in Exhibit A. JED shall invoice the
client for these services at the fee stated in Exhibit A.
2. ADDITIONAL SERVICES: JED can perform work beyond the
scope of services, as additional services, for a negotiated fee or at
fee schedule rates.
3. CLIENT RESPONSIBILITIES: The client shall provide all
criteria and full information as to the client's requirements forthe
project; designate and identify in writing a person to act with
authority on the client's behalf in respect to all aspects of the
project;, examine and respond promptly to JED's submissions; and
give prompt written notice to JED whenever the client observes
or otherwise becomes aware of any defect in work.
Unless otherwise agreed, the client shall furnish JED with right -of-
access to the site in order to conduct the scope of services.
Unless otherwise agreed, the client shall also secure all necessary
permits, approvals, licenses, consents, and property descriptions
necessary to the performance of the services hereunder. While
JED shall take reasonable precautions to minimize damage to the
property, it is understood by the client that in the normal course
of work some damage may occur, the restoration of which is not
a part of this agreement.
4. TIMES FOR RENDERING SERVICES: JED'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 the scope of services,
JED's obligation to render services hereunder shall be for a period
which may reasonably be required for the completion of said
services.
If 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 beriods oftime or date are changed through
no fault of JED, the rates and amounts of compensation provided
for herein shall be subject to equitable adjustment. If the' client
has requested changes in the scope, extent, or character of the
project, the time of performance of JED's services shall be
adjusted equitably.
S. INVOICES: JED shall submit invoices to the client monthly
for services provided to date and a final bill upon completion of
services. Invoices are due and payable within 30 days of receipt.
Invoices are considered past due after 30 days. Client agrees to
pay a finance charge on past due invoices at the rate of 1.0% per
month, or the maximum rate of interest permitted by law.
If the client fails to make any payment due to JED for services and
expenses within 30 days after receipt of JED's statement, JED
may, after giving 7 days' written notice to the client, suspend
services to the client under this agreement until JED has been
paid in full all amounts due for services, expenses, and charges.
6. STANDARD OF CARE: The standard of care for all services JED.
performed or furnished by JED under the agreement shall be the
r.
r
1ufy2013 .�.�.JE0 Consulting Group, Inc.
care and skill ordinarily used by members of JED's profession
practicing under similar circumstances at the same time and in
the same locality. JED makes no warranties, express or implied,
under this agreement or otherwise, in connection with JED's
services.
JED shall be responsible for the technical accuracy of its services
and documents resulting therefrom, and the client shall not be
responsible for discovering deficiencies therein. JED shall correct
such deficiencies without additional compensation except to the
extent such action is directly attributable to deficiencies in client
furnished information.
7. REUSE OF DOCUMENTS: Reuse of any materials
(including in part plans, specification's, drawings, reports, designs,
computations, computer programs, data, estimates, surveys,
other work items, etc.) by the client on a future extension of this
project, or any other project without JED's written authorization
shall be at the client's risk and the client agrees to indemnify and
hold harmless JED from all claims, damages, and expenses
including attorney's fees arising out of such unauthorized use.
S. ELECTRONIC FILES: Copies of Documents that may be
relied upon by the client are limited to the printed copies (also
known as hard copies) that are signed or sealed by JED. Files in
electronic media format of text, data, graphics, or of other types
that are furnished byJEO to the client are only for convenience of
the client. Any conclusion or information obtained or derived
from such electronic fifes shall be at the users sole risk.
a. Because data stored in electronic media format can
deteriorate or be modified inadvertently or otherwise without
authorization of the data's creator, the party receiving
electronic files agrees that it shall perform acceptance tests or
procedures within 30 days, after which the receiving party shall
be deemed to have accepted the data thus transferred. Any
errors detected within the 30 day acceptance period shall be
corrected by the party delivering the electronic files. JED shall
not be responsible to maintain documents stored in electronic
media format after acceptance by the client.
b. When transferring documents in electronic media format,
JED makes no representations as to long term compatibility,
usability, or readability of documents resulting from the use of
software application pac� ages, operating systems, or computer
hardware differing from those used by JED at the beginning of
the project:
c. The client may make and retain copies of documents for
information and reference in connection with use on the
project by the client.
d. If there is a discrepancy between the electronic files and the
hard copies, the hard copies govern.
e. Any verification or adaptation of the documents by JED for
extensions of the project or for any other project shall entitle
JED to further compensation at rates to be agreed upon by the
client and JED.
9. SUBCONSULTANTS: JED may employ consultants as JED
deems necessary to assist in the performance of the services. JED
shall not be required to employ any consultant unacceptable to
Attachment 3 - Page 1 of 2
� v Pip
30. INDEMNIFICATION: To the fullest extent permitted by law,
JEO and the client shall indemnify and hold each other harmless
and their respective officers, directors, partners, employees, and
consultants from and against any and all claims, losses, damages,
and expenses (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals, and all
court or arbitration or other dispute resolution costs) to the
extent such claims, losses, damages, or expenses are caused by
the indemnifying parties' negligent acts, errors, or omissions. in
the event claims, losses, damages, or expenses are caused by the
joint or concurrent negligence of JEO and the client, they shall be
borne by each party in proportion to its negligence.
11. INSURANCE: JED shall procure and maintain the following
insurance during the performance of services under this
agreement:
a. Workers' Compensation: Statutory
b. Employers Liability
I. Each Accident: $500,000
H. Disease, Policy Limit: $500,000
!if. Disease, Each Employee: $500,000
c. General Liability
I. Each Occurrence (Bodily Injury and Property Damage):
$1,000,000
H. General Aggregate: $2,000,000
d. Auto Liability
I. Combined Single: $1,000,000
e. Excess or Umbrella Liability
I. Each Occurrence: $1,000,000
H. General Aggregate: $1,000,000
f. Professional Liability:
I. Each Occurrence: $1,000,000
Ii. General Aggregate: $2,000,000
g. All policies of property insurance shall contain provisions to
the effect that JEO andJEO's consultants' interests are covered
and that in the event of payment of any loss or damage the
insurers shall have no rights of recovery against any of the
insureds or additional Insureds thereunder.
h. The client shall require the contractor to purchase and
maintain general liability and other insurance as specified in the
Contract Documents and to' cause JEO and JEO'S consultants to
be listed as additional insured with respect to such liability and
other insurance purchased and maintained by the contractor
for the project.
i. The client shall reimburse JEO for any additional limits or
coverages that the client requires for the project.
12. TERMINATION: This agreement may be terminated by
either party upon 7 days prior written notice. In the event of
termination, JED shall be compensated by client for all services
performed up to and including the termination date. The effective
date of termination may be set up to thirty (30) days later than
otherwise provided to allow JEO 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.
July 2013
13, GOVERNING LAW: This agreement is to be governed
the law ofthe state inwhich the project Is located.
14. SUCCESSORS, ASSIGNS, AND BENEFICIARIES: The
client and JED each is hereby bound and the partners, successors,
executors, administrators and legal representatives of the client
and JEO are hereby bound to the other party to this agreement
and to the partners, successors, executors, administrators and
legal representatives (arid said assigns) of such other party, with
respect to all covenants, agreements and obligations of this
agreement.
a. Neither the client nor JEO 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 bylaw. Unless specifically stated, to the contrary in
any written consent to an assignment, no assignment shall
release or discharge the assignor from any duty or responsibility
under this agreement.
b. Unless expressly provided otherwise in this agreement:
Nothing in this agreement shall be construed to create, impose,
or give rise to any duty owed by the client or JEO to any
contractor, contractor's subcontractor, supplier, other
individual or entity, or to any surety for or employee of any of
them.
c. All duties and responsibilities undertaken pursuant to this
agreement shall be for the sole and exclusive benefit of the
client and JEO and not forthe benefit of any other party.
15. PRECEDENCE: These standards, terms, and
conditions shall take precedence over any inconsistent or
contradictory language contained in any proposal, contract,
purchase order, requisition, notice to proceed, or like document
regarding 1EO's services.
16. SEVERABILITY: Any provision or part of the
agreement held to be void or unenforceable shall be deemed
stricken, and all remaining provisions shall continue to be valid
and binding upon the client and JED, 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.
17. E- VERIFY: JEO 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 where
the work shall be performed. Engineer shall require the same of
each consultant.
r
._!JEO Consulting Group, Inc. Attachment 3 - Page 2 of 2
16 Supp i
STATE OF NEBRASKA
Dave Heineman
Governor
December 5, 2013
F Mr. Rodney Storm, City Administrator
City of Blair
218S.16 th Street
Blair, NE 68008 -1674
X
Re: Project No. STPD- 133 - 3(103)
Control No. 21791a
Location: Blair South
Dear Mr. Storm:
DEPARTMENT OF ROADS
Randall D. Peters, P.E., Director — State Engineer
1500 Highway 2 - PO Box 94759 • Lincoln NE 68509 -4759
Phone (402)471 -4567 - FAX (402)479 -4325 - transportation.nebraska.gov
J
I am returning one (1) fully executed original of the supplemental agreement
between the City of Blair and the State which provides for the water line
rehabilitation and engineering as required by Project No. STPD- 133 - 3(103).
Upon completion of your rehabilitation, please submit your Actual Cost billing to this
office. Although approval of your estimate and plan constitutes a general approval, it
will be necessary for you or your representative to review the project in the field with
our Project Manager and obtain his concurrence for all trimming and /or removals
with ultimate highway right of way.
You will be contacted by the Utilities Section and authorized to begin this
rehabilitation. You will also be provided the name, address, and phone number of
the State's Project Manager at this time.
No work should be performed on your facility until you receive this specific written
authorization. This letter, however, provides immediate authority to order necessary
material.
Any substantial revision of your plans, either before or during construction, must be
approved by this office.
ely,
C.H. Rex Wilson
Utilities Coordinator
Project Development Division
(402) 479 -4425
Attachments
xc: File
An Equal Opportunity /Affirmative Action Employer
STATE OF NEBRASKA
Dave Heineman DEPARTMENT OF ROADS
Governor Randall D. Peters, P.E., Director - State Engineer
1500 Highway 2 • PO Box 94759 • Lincoln NE 68509 -4759
Phone (402)471 -4567 • FAX (402)479 -4325 • transportation.nebraska.gov
December 5, 2013
Dear Mr. Storm:
Reference is made to the rehabilitation of your facilities in connection with the construction of our Project
No. STPD -133- 3(103).
I'm returning one (1) set of your rehabilitation plans approved by our designer with the following
comments:
1. Refer to the attached Memorandum.
We now authorize you to proceed with the rehabilitation of your facilities providing contact has
been made with the Project Manager and his approval has been received. Our Project Manager
must be contacted before you begin rehabilitation.
Please advise Mr. Maurice Hinchey, our District 2 Project Manager, who maintains headquarters at 4425
S. 108" St., PO Box 45461, Omaha NE 68145 -0461, by letter, with a copy to the Utilities Engineer,
Department of Roads, PO Box 94759, Lincoln NE 68509, on the actual date you begin work, advising her
of your tentative progress schedule and the name, job title and address of your superintendent or
foreman in charge of the revision work. When work is completed the Project Manager must be notified via
letter, with a copy to the Utilities Engineer.
If you require additional information, we suggest that you contact either Mr. Tim Weander, District
Engineer at (402) 595 -2534 or our Project manager. Mr. Maurice Hinchey may be reached by telephone
at (402) 595 -2534.
Sincere ,
�j C.H. Rex Wilson
U Utilities Coordinator
Planning and Project Development Division
xc: T. Weander
M. Hinchey
J. Hoops
File
Mr. Rodney Storm, City Administrator
City of Blair
218S.16 th Street
Blair, NE 68008 -1674
- 1
Re: Project No. STPD- 133 - 3(103)
�- Control No. 21791 a J
Location: Blair South
An Equal OpportunitylAffirmatiue Action Employer