2015-14RESOLUTION NO. 2015- 14
SIGNING OF . PRELIMINARY ENGINEERING PROFESSIONAL
AGREEMENT
COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING RESOLUTION:
Whereas: City of Blair is developing a transportation project for which it intends to
obtain Federal funds;
Whereas: City of Blair as a sub - recipient of Federal -Aid funding is charged with the
responsibility of expending said funds in accordance with Federal, State and local laws,
rules, regulations, policies and guidelines applicable to the funding of the Federal -aid
prof ect;
Whereas: City of Blair and Felsburg Holt & Ullevig which to enter into a Professional
Engineering Services Agreement to provide preliminary engineering services for the
Federal -aid project.
Be It Resolved: by the City Council of the City of Blair, Nebraska that:
James Realph, Mayor of the City of Blair, Nebraska is hereby authorized to sign the
attached preliminary engineering services agreement between the City of Blair and the
NDOR.
City of Blair is committed to providing local funds for the project as required by the
Project Program Agreement and any Supplemental Project Program Agreements.
NDOR Project Number: STP -DPS- 3854(1)
NDOR Control Number: 22508
Project Location: Blair Bypass
COUNCIL MEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
WILLIS. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, KEPHART,
WILLIS, ANDERSEN, JENSEN, HALL AND WOLFF VOTING "AYE" AND
COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND APPROVED THIS 26TH DAY OF
MAY, 2015.
CITY OF BLAIR, NEBRASKA
BY L%— :
JA "E E. REALPH, MAYOR
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 May, 2015.
BRE DA R. WHEELER, CITY CLERK
IN WITNESS WHEREOF, the Parties hereby execute this agreement pursuant to lawful
authority as of the date signed by each party. Further, the Parties, by signing this agreement,
attest and affirm the truth of each and every certification and representation set out herein.
EXECUTED by the Consultant this day of , 2015.
FELSBURG HOLT & ULLEVIG
Matt McFadden
P4e
Principal
EXECUTED by the LPA this Z� day of , 2015.
CITY OF BLAIR
James Realph
May
Subscribed and sworn to before me this day of
2015.
Clerk
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Form of Agreement Approved for
Federal Funding Eligibility:
Date
AGR -1
CITY OF BLAIR
FELSBURG HOLT & ULLEVIG
PROJECT NO. STP- DPS- 3854(1)
CONTROL NO. 22508
BLAIR SOUTH BYPASS
THIS AGREEMENT, made and entered into by and between the City of Blair, hereinafter
referred to as the "Local Public Agency" or "LPA ", and Felsburg Holt and Ullevig, hereinafter
referred to as the "Consultant," and collectively referred to as the "Parties ".
WITNESSETH
WHEREAS, the LPA used a qualification based selection process to select 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 qualified to do business in Nebraska and has met all
requirements of the Nebraska Board of Engineers and Architects to provide consultant
engineering services in the State of Nebraska, and
WHEREAS, Consultant is willing to perform the services in accordance with the terms
hereinafter provided, agrees to comply with all federal, state, and local laws and ordinances
applicable to this agreement, and agrees to comply with all applicable federal -aid transportation
related program requirements, so that Consultant's costs under this agreement will be fully
eligible for federal reimbursement, and
WHEREAS, the LPA and Consultant intend that the services under this agreement be
completed in accordance with the applicable terms and conditions of the Nebraska LPA
Guidelines Manual for Federal Aid Projects; hereinafter referred to as LPA Manual (See
definition in Section 1), and
WHEREAS, the Consultants primary contact person for LPA will be the LPA's
representative, who has been designated as being in responsible charge of the project, and who
is referred to herein as RC or Responsible Charge, and
WHEREAS, the Parties understand that the State of Nebraska, Department of Roads is
involved in this federal -aid project on behalf of the FHWA only for issues related to the eligibility
of the project for reimbursement of project costs with federal -aid funds.
NOW THEREFORE, in consideration of these facts, the Parties hereto agree as follows:
SECTION 1. DEFINITIONS
WHEREVER in this agreement the following terms are used, they will have the following
meaning:
"LPA" stands for Local Public Agency, and in this agreement means City of Blair, unless
the context otherwise requires. LPA may also be used to refer generally to other Local Public
Agencies. Local Public Agencies include, but are not necessarily limited to; Nebraska Cities,
Villages, Counties, Political Subdivisions, Native American Tribes, and other entities or
organizations found to be eligible sub recipients of federal funds for transportation projects, and
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"CONSULTANT" means the firm of Felsburg Holt & Ullevig and any employees thereof,
whose business and mailing address is 11422 Miracle Hills Drive, Suite 115, Omaha, Nebraska,
68154, and
"SUBCONSULTANT /SUBCONTRACTOR" means the firm of Ehrhart Griffin &
Associates, and any employees thereof, whose business and mailing address is 3552 Farnam
Street, Omaha, Nebraska, and
"SUBCONSULTANT /SUBCONTRACTOR" means the firm of Thiele Geotech Inc., and
any employees thereof, whose business and mailing address is 13478 Chandler Road, Omaha,
Nebraska, 68138, and
"SUBCONSULTANT /SUBCONTRACTOR" means the firm of Alfred Benesch &
Company, and any employees thereof, whose business and mailing address is 825 J Street,
Lincoln, Nebraska, 68508, and
"LPA MANUAL" shall mean the Nebraska Department of Roads' LPA Guidelines
Manual for Federal -Aid Projects. The LPA Manual is a document approved by the Federal
Highway Administration (FHWA) that sets out the requirements for local federal -aid projects to
be eligible for federal reimbursement; the LPA Manual can be found in its entirety at the
following web address: http• / /www transportation. nebraska. gov / gov- aff /lpa /lpa- guidelines.pdf
and
"RESPONSIBLE CHARGE" or "RC" shall mean LPA's representative for the project
whose duties and responsibilities are identified in federal law and in the LPA Manual, and
"STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, its Director, or
authorized representative. The State represents the interests of the United States Department
of Transportation on federally funded transportation projects .sponsored by a sub recipient of
federal funds and any reference to the "State" in this agreement shall mean the State on behalf
of the United States Department of Transportation, and
"FHWA" means the Federal Highway Administration, United States Department of
Transportation, Washington, D.C. 20590, acting through its authorized representatives, and
"DOT" means the United States Department of Transportation, Washington, D.C. 20590,
acting through its authorized representatives, and
To "ABANDON" the services means that the LPA has determined that conditions or
intentions as originally existed have changed and that the services as contemplated herein is to
be renounced and deserted for as long in the future as can be foreseen, and
To "SUSPEND" the services means that the LPA has determined that progress is not
sufficient, or that the conditions or intentions as originally existed have changed, or the services
completed or submitted are unsatisfactory, and that the services as contemplated herein should
be stopped on a temporary basis. This cessation will prevail until the LPA determines to
abandon or terminate the services or to reinstate it under the conditions as defined in this
agreement, and
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 LPA.
SECTION 2. THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK
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SECTION 3. THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK
SECTION 4. TERM OF THE AGREEMENT
This agreement becomes effective upon proper execution and will end upon: (1) the
waiver of an audit review or (2) the final completion of an audit review by the State or its
authorized representative, and the resolution of all issues Identified in the audit report.
SECTION 5. SCOPE OF SERVICES
LPA and Consultant understand that the Services provided by Consultant must be
completed in accordance with all federal -aid reimbursement requirements and conditions. The
Consultant agrees to provide preliminary engineering and environmental services for project
STP -DPS- 3854(1), CN # 22508, in Washington County, Nebraska as set out in Exhibit "A,"
entitled Scope of Services and Fee Proposal, which are attached and hereby made a part of this
agreement.
Exhibit "A" is the result of the following process:
• LPA provided Consultant with a document describing the detailed proposed
Scope of Services for this project
Consultant made necessary and appropriate proposed additions, deletions, and
revisions to LPA's detailed Scope of Services document
• LPA and Consultant together reviewed the proposed Scope of Services, the
proposed revisions and negotiated the final detailed Scope of Services and Fee
Proposal document, which is attached as Exhibit "A ".
The LPA has the absolute right to add or subtract from the scope of services at any time
and such action on its part will in no event be deemed a breach of this agreement. The addition
or subtraction will become effective seven days after mailing written notice of such addition or
subtraction.
SECTION 6. STAFFING PLAN (For PE Services)
The Consultant has provided LPA with a staffing plan that identifies the employees of the
Consultant who will be part of the primary team for this project. The primary team members will
be agreed upon and identified in this agreement. The primary team is expected to be directly
responsible for providing the services under this agreement. This document shall specify the
role that will be assigned to each member of the primary team. This document is attached
hereto as Exhibit "A" and is incorporated herein by this reference. During design, the Consultant
may make occasional temporary changes to the primary team. However, any permanent change
to the primary team will require prior written approval from the LPA.
Personnel who are added to the Staffing Plan as replacements must be persons of
comparable training and experience. Personnel added to the Staffing Plan as new personnel
and not replacements must be qualified to perform the intended services. Failure on the part of
the Consultant to provide acceptable replacement personnel or qualified new personnel to keep
the services on schedule will be cause for termination of this agreement, with settlement to be
made as provided in the SUSPENSION ABANDONMENT, OR TERMINATION section of this
agreement.
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SECTION 7. NEW EMPLOYEE WORK ELIGIBILITY STATUS
The Consultant agrees to use a federal immigration verification system to determine the
work eligibility status of new employees physically performing services within the State of
Nebraska. The Consultant hereby agrees to contractually require any Subconsultants to use a
federal immigration verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska. A federal immigration verification
system means the electronic verification of the work authorization program authorized by the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as
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.
The undersigned duly authorized representative of the Consultant, by signing this
agreement, hereby attests to the truth of the following certifications, and agrees as follows:
Neb.Rev.Stat. § 4 -114. 1 certify compliance with the provisions of Section 4 -114 and,
hereby certify that this Consultant shall register with and use a federal immigration
verification system to determine the work eligibility status of new employees physically
performing services within the State of Nebraska. I agree to require all Subconsultants,
by contractual agreement, to require the same registration and verification process.
If the Consultant is an individual or sole proprietorship, the following applies:
a. The Consultant must complete the United States Citizenship Attestation form,
and attach it to this agreement. This form is available on the Department of
Roads' website at www. transportation .nebraska.gov /projdev/ #save.
b. If the Consultant indicates on such Attestation form that he or she is a qualified
alien, the Consultant agrees to provide the US Citizenship and Immigration
Services documentation required to verify the Consultant lawful presence in the
United States using the Systematic Alien Verification for Entitlements (SAVE)
Program.
c. The Consultant understands and agrees that lawful presence in the United
States is required and the Consultant may be disqualified or the contract
terminated if such lawful presence cannot be verified as required by
Neb.Rev.Stat. §4 -108.
SECTION 8. NOTICE TO PROCEED AND COMPLETION DATE WE)
The LPA will issue the Consultant a written Notice -to- Proceed when LPA determines
that federal funding approval has been obtained for the project, upon full execution of the
agreement and upon the State's concurrence that the form of this agreement is acceptable for
federal funding eligibility. Any services performed by Consultant on the project prior to the date
specified in the written Notice -to- Proceed will not be eligible for reimbursement.
The Consultant shall complete all the services according to the schedule in attached
Exhibit "A" and shall complete all services required under this agreement in a satisfactory
manner by October 21, 2017.
Any costs incurred by Consultant after the completion date are not eligible for
reimbursement unless the Consultant has received a written extension of time from LPA.
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The completion date will not be extended because of any avoidable delay attributed to
the Consultant, but delays not attributable to the Consultant, such as delays attributable to the
LPA may constitute a basis for an extension of time.
SECTION 9. FEES AND PAYMENTS
The general provisions concerning payment under this agreement are set out on the
Exhibit "B ", attached hereto and hereby made a part of this agreement.
For performance of the services as described in this agreement, the Consultant will be
paid a fixed - fee - for - profit of $46,378.72 and up to a maximum amount of $420,121.28 for actual
costs in accordance with Exhibit "A ". The total agreement amount is $466,500.00.
SECTION 10. PROFESSIONAL PERFORMANCE (LPA PE)
The Consultant understands that the LPA will rely on the professional training,
experience, performance and ability of the Consultant. Examination by the LPA, State or
FHWA, or acceptance or use of, or acquiescence in the Consultant's work product, will not be
considered to be a full and comprehensive examination and will not be considered an approval
of the Consultant's work product 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 services to be accomplished by the Consultant pursuant to this
agreement. The Consultant further understands that acceptance or approval of any of the work
of the Consultant by the LPA or concurrence by the State /FHWA or of payment, partial or final,
will not constitute a waiver of any rights of the LPA to recover from the Consultant, damages
that are caused by the Consultant due to error, omission, or negligence of the Consultant in its
work. That further, if due to error, omission, or negligence of the Consultant, the work project of
the Consultant is found to be in error or there are omissions therein revealed during or after the
construction of the project and revision, reconsideration, or reworking of the Consultant work
product is necessary, the Consultant shall make such revisions without expense to the LPA.
The Consultant shall respond to the LPA's or State's notice of any errors or omissions within
24 hours and give immediate attention to necessary corrections to minimize any delays to the
project. This may involve visits by the Consultant to the project site, if directed by the LPA. If
the Consultant discovers errors in its services, it shall notify the LPA and State of the errors
within seven days. Failure of the Consultant to notify the LPA will constitute a breach of this
agreement. The Consultant's legal liability for all damages incurred by the LPA caused by error,
omission, or negligent acts of the Consultant will be borne by the Consultant without liability or
expense to the LPA.
SECTION 11 SUSPENSION, ABANDONMENT OR TERMINATION (2/8/12)
The LPA has the absolute right to suspend or abandon the work, or terminate the
agreement at any time and such action on its part will in no event be deemed a breach of this
agreement. The LPA will give the Consultant seven days written notice of such suspension,
abandonment, or termination. Any necessary change in Scope of Services shall follow the
Consultant Work Order Process outlined in the FEES AND PAYMENTS section above.
If the LPA suspends or abandons the work or terminates the agreement as presently
outlined, the Consultant shall be compensated in accordance with the provisions of 48 CFR 31
provided however, that in the case of suspension, abandonment or termination for breach of this
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agreement, the LPA will have the power to suspend payments, pending the Consultant's
compliance with the provisions of this agreement. For the abandonment or termination of this
agreement, payment to Consultant will be prorated based on the percentage of work completed
by the Consultant prior to abandonment or termination compared to the total amount of work
contemplated by this agreement.
SECTION 12. OWNERSHIP OF DOCUMENTS (11/17/11)
All surveys, maps, reports, computations, charts, plans, specifications, electronic data,
shop drawings, diaries, field books, and other project documents prepared or obtained under
the terms of this agreement are the property of the LPA and the Consultant shall deliver them to
the LPA at the conclusion of the project without restriction or limitation as to further use.
LPA acknowledges that such data may not be appropriate for use on an extension of the
services 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 LPA's sole risk and
without legal exposure or liability to Consultant.
Further, Consultants' time sheets and payroll documents shall be kept in Consultants'
files for at least three years from the completion of final cost settlement by FHWA and project
closeout by the State.
SECTION 13. CONFLICT OF INTEREST LAWS
The Consultant shall review the Conflict of Interest provisions of 23 CFR 1.33 and
49 CFR 18.36(b)(3) and agrees to comply with all the Conflict of Interest provisions in order for
the LPA's project to remain fully eligible for Federal funding. By signing this agreement, the
Consultant certifies that Consultant is not aware of any financial or other interest the Consultant
has that would violate the terms of these federal provisions.
Consultants and Subconsultants providing services for LPA's, or submitting proposals
for services, shall submit a Conflict of Interest Disclosure Form for Consultants. Consultants
and Subconsultants shall submit a revised form for any changes in circumstances, or discovery
of any additional facts that could result in someone employed by, or who has an ownership,
personal, or other interest with Consultant or Subconsultant having a real or potential conflict of
interest on an LPA federal -aid transportation project.
SECTION 14. USE AND /OR RELEASE OF PRIVILEGED OR CONFIDENTIAL
INFORMATION
Certain information provided by the LPA or State to the Consultant is confidential
information contained within privileged documents protected by 23 U.S.C. §409. "Confidential
information" means any information that is protected from disclosure pursuant to state and
federal law and includes, but is not limited to, accident summary information, certain accident
reports, diagnostic evaluations, bridge inspection reports, and any other documentation or
information that corresponds with said evaluations or reports, and any other information
protected by 23 U.S.C. §409. "Privileged document" means any document pertaining to any file
or project maintained by the LPA or State that is privileged and protected from disclosure,
pursuant to appropriate state and federal law, including any document containing attorney - client
communications between an LPA or State employee and Legal Counsel. This confidential and
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privileged information is vital and essential to the Consultant in order that the Consultant
adequately design the project at hand on behalf of the LPA.
The Consultant agrees it will only use any information or documentation that is
considered to be privileged or confidential for the purposes of executing the services by which it
has agreed to render for the LPA for the project at hand only. The Consultant agrees not to
reveal, disseminate, or provide copies of any document that is confidential and privileged to any
individual or entity. The LPA agrees that any information or documentation that is considered to
be privileged or confidential that is provided to Consultant will be marked with the following
information (Approved 3/16/11):
"CONFIDENTIAL INFORMATION: Federal Law, 23 U.S.0 §409, prohibits the
production of this document or its contents in discovery or its use in evidence in a State
or Federal Court. The LPA has not waived any privilege it may assert as provided by
that law through the dissemination of this document and has not authorized further
distribution of this document or its contents to anyone other than the original recipient."
The Consultant agrees to obtain the written approval of the LPA prior to the
dissemination of any privileged or confidential information or documentation if it is unclear to the
Consultant whether such information or documentation is in fact privileged or confidential.
The Consultant and the LPA agree that any unauthorized dissemination of any privileged
or confidential information or documentation on the part of the Consultant will create liability on
the part of the Consultant to the LPA for any damages that may occur as a result of the
unauthorized dissemination. The Consultant agrees to hold harmless, indemnify, and release
the LPA for any liability that may ensue on the part of the LPA for any unauthorized
dissemination of any privileged or confidential information or documentation on the part of the
Consultant.
SECTION 15. 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 LPA has the right to annul this agreement without liability or, in its
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.
SECTION 16. GENERAL COMPLIANCE WITH LAWS
The Consultant hereby agrees to comply with all federal, state, and local laws and
ordinances applicable to the work in effect at the time of the work.
SECTION 17. DISPUTES
Any dispute concerning a question of fact in connection with the work covered under this
agreement will be addressed in accordance with LPA Manual Section 4.4.3.5 DISPUTE
RESOLUTION.
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SECTION 18. RESPONSIBILITY FOR CLAIMS AND LIABILITY INSURANCE (PE) (1- 24 -12)
The Consultant agrees to save harmless the LPA from all claims and liability due to the
error, omission, or negligence of the Consultant or those of the Consultant's agents or
employees in the performance of services under this agreement. Further, it is expected that in
carrying out the work under this agreement, Consultant will make various decisions and
judgments and Consultant will determine what actions are required by Consultant and by others
to properly complete the work. Nothing in this Agreement shall be interpreted to relieve
Consultant from any liability it would otherwise have to LPA in carrying out the work under this
agreement.
Finally, the Consultant shall for the life of this agreement, carry insurance as outlined in
Exhibit "C" and attached hereto, and hereby made a part of this agreement. In any agreement
Consultant has with a Subconsultant, Consultant shall require that the insurance requirements
outlined in Exhibit "C" must be met by the Subconsultant.
SECTION 19. COORDINATING PROFESSIONAL AND PROFESSIONAL REGISTRATION
19.1 Coordinating Professional: As required by Neb.Rev.Stat. § 81 -3437, if LPA's project
involves more than one licensed professional engineer, the LPA shall designate a
Coordinating Professional for this project. The Coordinating Professional shall apply his
or her seal and signature and the date to the cover sheet of all documents and denote
the seal as that of the Coordinating Professional. The Coordinating Professional shall
verify that all design disciplines involved in the project are working in coordination with
one another, and that any changes made to the design are approved by the
corresponding discipline. "Coordinating Professional" shall have the meaning set out in
§ 81 -3408 of the Nebraska Engineers and Architects Regulation Act (Neb.Rev.Stat.
§ 81 -3401 et. seq.). The Coordinating Professional shall also comply with the provisions
of the Act, including Neb.Rev.Stat. § 81- 3437(3)(g), and the implementing Rules and
Regulations, Title 110, NAC section 6.3, and when applicable, shall complete the duties
of design coordination set out in Neb.Rev.Stat. § 81 -3421. The Consultant shall, and
require its subconsultants to cooperate with the designated Coordinating Professional.
If the Consultant's engineer has been identified as the Coordinating Professional
for this project, and, for whatever reason, the designated Coordinating Professional is no
longer assigned to the project, the Consultant shall provide the LPA written notice of the
name of the replacement within 10 business days.
19.2 Professional Registration To the extent the work requires engineering services, 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 as required by the Nebraska Engineers and Architects
Regulations Act, Neb.Rev.Stat §81 -3401 et. seq.
SECTION 20. SUCCESSORS AND ASSIGNS
This agreement is binding on successors and assigns of either party.
SECTION 21. DRUG -FREE WORKPLACE POLICY
The Consultant shall have an acceptable and current drug -free workplace policy on file
with the State.
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SECTION 22. FAIR EMPLOYMENT PRACTICES ACT
The Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as
provided by Neb.Rev.Stat. 48 -1101 through 48 -1126, which is hereby made a part of and
included in this agreement by reference.
SECTION 23. 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.
SECTION 24. 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 LPA or such
remedy as the LPA deems appropriate.
SECTION 25. NONDISCRIMINATION
25.1 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.
25.2 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.
25.3. Solicitations for Subagreements, Including Procurements of Materials and
Eguipment 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.
25.4 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 LPA, State or FHWA to be pertinent to ascertain
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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 LPA, State or FHWA, as
appropriate, and set forth what efforts it has made to obtain the information.
25.5 Sanctions for Noncompliance In the event of the Consultant's noncompliance with
the nondiscrimination provisions of this agreement, the LPA 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.
25.6 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 LPA, 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 LPA enter into such litigation to protect the interests of the LPA 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.
SECTION 26. SUBLETTING, ASSIGNMENT, OR TRANSFER
The Subconsultant/Subcontractor will provide preliminary design and environmental
services..
Any other subletting, assignment, or transfer of any professional services to be
performed by the Consultant is hereby prohibited unless prior written consent of the LPA 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 LPA 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.
SECTION 27. CONSULTANT CERTIFICATIONS
The undersigned duly authorized representative of the Consultant, by signing this
agreement, hereby swears, under the penalty of law, the truth of the following certifications, and
agrees as follows:
Project No. STP -DPS- 3854(1) Page 10 of 14
Control No. 22508 Agreement No. BK1523
Blair South Bypass
Template T -AGR -1 Revised 3 -31 -14
27.1 Neb.Rev.Stat. § 81- 1715(1). 1 certify compliance with the provisions of Section 81 -1715
and, to the extent that this contract is a lump sum, actual cost - maximum - not -to- exceed,
or actual cost - plus -a -fixed fee professional service contract, I hereby certify that wage
rates and other factual unit costs supporting the fees in this agreement are accurate,
complete, and current as of the date of this agreement. I agree that the original contract
price and any additions thereto shall be adjusted to exclude any significant sums by
which the LPA determines the contract price had been increased due to inaccurate,
incomplete, or noncurrent wage rates and other factual unit costs.
27.2 Neb.Rev.Stat. §§ 81 -1717 and 1718. 1 hereby certify compliance with the provisions of
Sections 81 -1717 and 1718 and, 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
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).
25.3 Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions. Section Cl below contains 10 instructions
that consultant agrees to follow in making the certifications contained in C2.
a. 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 LPA'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 LPA 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 LPA may terminate this agreement for cause or default.
Project No. STP -DPS- 3854(1) Page 11 of 14
Control No. 22508 Agreement No. BK1523
Blair South Bypass
Template T -AGR -1 Revised 3 -31 -14
4. The Consultant shall provide immediate written notice to the LPA if at any time
the Consultant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
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 LPA
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 LPA 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 f 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 LPA may terminate this agreement for
cause or default.
b. Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
1. By signing this agreement, the Consultant certifies to the best of its knowledge
and belief, that it and its principals:
a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any federal department or agency;
b) Have not within a three -year period preceding this agreement been
convicted of or had a civil judgment rendered against them for
Project No. STP -DPS- 3854(1) Page 12 of 14
Control No. 22508 Agreement No. BK1523
Blair South Bypass
Template T -AGR -1 Revised 3 -31 -14
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;
c) 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.ii above; and
d) 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.
e) 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.
SECTION 28. LPA CERTIFICATION
By signing this agreement, I do hereby certify that, to the best of my knowledge, the
Consultant or its representative has not been required, directly or indirectly as an express or
implied condition in connection with obtaining or carrying out this agreement to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay or agree to pay to any firm, person, or organization, any fee, contribution,
donation, or consideration of any kind.
I acknowledge that this certification is to be furnished to the FHWA, upon their request,
in connection with this agreement involving participation of Federal -Aid highway funds and is
subject to applicable state and federal laws, both criminal and civil.
SECTION 29. ENTIRE AGREEMENT
This instrument embodies the entire 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.
Project No. STP -DPS- 3854(1) Page 13 of 14
Control No. 22508 Agreement No. BK1523
Blair South Bypass
Template T -AGR -1 Revised 3 -31 -14
|N WITNESS WHEREOF, the Parties hereby execute this agreement pursuant to lawful
authority as of the date signed by each party. Further, t Parties, by signing this agreement,
attest and affirm the truth of each and every certification and representation set out herein.
EXECUTED by the Consultant this /3 day cf ' 2015.
FELGBURGHoLT&ULLB/Ks
Matt McFadden
-I A01-
Principal
STATE OFNEBRASKA)
)ss.
DOUGLAS COUNTY )
3 J � atj,
Gub�hbed�d�mm�be�mme�|a�__dayof�_
ERAL NOTARY-State of Mebraska
MARY LS
My Comm. Exp
EJ Notary Pub Vc
v�
EXECUTED by the LPA this _ .dayof A a 2015.
CITY OFBLA|R
James Realph
STATE OFNEBRASKA
DEPARTMENT OFROADS
Form of Agreement Approved for
Federal Fund' Eligibility:
7
Date
Project No.8TP'OP8-30e4(1) Page 14uf14
Control No. oo5Oo Agreement No. BK152o
Blair So uth Bypass
Temp|ateT-AGR'1 Revised 3-31-14
EXHIBIT "A"
PRELIMINARY DESIGN AND NEPA COMPLIANCE
BLAIR SOUTH BYPASS
BLAIR, NEBRASKA
INTRODUCTION
This scope of services consists of providing engineering and environmental services
related to the completion of the preliminary design and compliance with the National
Environmental Policy Act (NEPA) for the Blair South Bypass project. This scope of
services assumes that an Environmental Assessment will be required for this project.
This project consists of a two lane roadway from US Highway 30 at the Hollow Road
Intersection on the west end to US Highway 75 at the County Road P35 intersection on
the east end of the project. The required professional services will include geotechnical
analysis, drainage design, roadway design, environmental documentation, project
management and public involvement. This project will be located on new right -of -way
which will require property acquisition and grading easements. Since this is a federal aid
project, all federal requirements and procedures will be followed.
DESCRIPTION OF TASKS
1. Project Management and Coordination
This task includes activities to initiate and monitor project schedules, workload
assignments and internal cost controls throughout this phase of the project. Also
included are efforts to prepare and process invoices and monthly progress reports;
prepare project correspondence with the City of Blair; and maintain project records
2. Quality Assurance I Quality Control (QAIQC)
The Consultant shall perform QA/QC checks at various stages of the study including
prior to any official submittal.
3. Meetings
Project engineers and environmental staff will participate in the following meetings:
3.1 Kick -off Meeting
A Kick -off meeting with the City to discuss the scope of the project and to identify
project milestones.
3.2 Progress Meetings
Six progress meetings with the City during the concept development, preliminary
design and environmental evaluation.
4. Data Collection and Review
This task involves review of existing documents and project requirements, including
information from the City of Blair, Washington County, work completed under the
previous EIS, utilities, regulatory and resource_ agencies, and other sources. The
information collected will be documented on aerial photographs suitable for use in the
NEPA documents and for developing presentation materials for two public meetings.
Task also includes hours for our subconsuitant (firm previously contracted with to
complete the EIS) to review files and pull information as needed from the previous study
to prevent the need to duplicate efforts for work previously completed.
5. Site Visits
Four site visits will be conducted for the concept development, preliminary design and
environmental field reviews.
Felsburg Holt & Ullevig
Project No. STP- DPS- 3854(9), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 1 of 29
6. Public Involvement
FHU will work with the City to develop a Public Involvement Plan to address public
notifications, develop a database of project stakeholders and plan for public information
meetings, small group meetings, or agency meetings that might be necessary. The City
will be responsible for inviting the property owners and other stakeholders, advertising
for the meetings, and securing a suitable location for the meetings.
Two public meetings have been included in the proposed work scope. The meetings
with the public would occur at the following milestones:
e Public Information Meeting: Early in the process of developing the alternative
concepts, prior to preliminary design.
e Public Hearing: Upon approval of the Draft Environmental Assessment
6.1 Public Information Meetings Coordination & Material Preparation
Consultant representatives will attend the meeting, give a presentation, and be
available to address questions on engineering and environmental issues. The
Consultant will also take notes summarizing the general comments, and review
written comments. A summary document of the public comments will be
prepared for the file records.
A display will be prepared from existing aerial photography of the site. The
display will show the proposed alternatives and their potential impacts to
neighboring properties. Up to 10 additional 32" x 40" displays will be prepared
and mounted on foam core boards for each meeting.
6.2 Preparation of Public Hearing Statement/Presentation
The public hearing will be in compliance with the most current NDOR Public
Involvement Manual & Procedures. A narrated presentation will be prepared by
the Consultant for use at the public hearing. Information to be presented shall be
provided to the City, NDOR and FHWA for review and approval prior to the
meeting.
6.3 , Prepare a Project Fact Sheet
Consultant will prepare a Fact Sheet suitable for a mailer and handout at the
public information meetings. The Fact Sheet will include the project purpose and
need, summary of the project design criteria, alternatives, features and relevant
facts, as well as a project map, and detour map, if needed.
6.4 Attend Dry Run
The Consultant will prepare for and attend a "Dry Run" of the Public Hearing
approximately two weeks prior to the Hearing. The consultant will present the
materials that will be provided for public review at the Hearing. The* Consultant
will make any necessary revisions that come out of the Dry Run to incorporate
into the final Public Hearing materials.
6.6 Attend Public Meetings
The Consultant will setup and attend the Public Information Meeting and the
Public Hearing.
eiyed "
publie meetings will be by the GeAsuitaitit and PFOvded to the-G"
• ,
7. Topographic and Right -of -Way Survey
7.1 Topographic Survey
Felsburg Holt & Ullevig
Project No. STP- DPS- 3854(1), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 2 of 29
The topographic survey will be completed following the procedures of the
"STATE OF NEBRASKA, DEPARTMENT OF ROADS, ROADWAY DESIGN
DIVISION PROCEDURE FOR PRELIMINARY SURVEYS ". Survey data will be
on Modified Nebraska State Plane Coords and NAVD 88 Vertical Datum. The
survey limits will include:
• Bypass Corridor — Survey will be completed from the intersection of US
Hwy. 30 to the intersection of US Hwy. 75 along the bypass alignment
identified in previous studies. The survey will cover a 300 -foot to 600 -foot
wide area (centered on the bypass alignment). Side streets will be surveyed
for an additional 300 feet.
• Hollow Road and US Hwy. 30 intersections — Survey will extend 500 ft. in
all directions down the center of these streets. with a width of 150 ft. centered
on each respective roadway.
• County Road P35 — Survey will extend from the intersection with US Hwy. 75.
1,400 ft. South. The survey will cover a 150 -foot wide area (centered on
existing County Road P35).
• Bridgeview Dr. — Survey will extend from the intersection with County Road
P351,200 ft. to the Southeast. The survey will cover a 150 -foot wide area
(centered on existing Bridgeview Dr.).
• US Hwy. 75 — Survey from the proposed intersection with the Bypass, 500
feet in each direction along US Hwy 75. The survey will cover a 200 foot
wide area centered on US Hwy. 75).
NOTE: The City of Blair will be responsible for coordination of "right -of -entry" to
both notify property owners that survey activities will be occurring and to gain
permission to access their property for the survey.
7.2 Right of Way Survey
The Right of Way of US Hwy 30, US Hwy 75 and any intersecting streets, will be
surveyed based on existing legal descriptions, road records, subdivision
platting's or dedications. Boundary lines between existing property owners will be
determined within the project survey limits.
8. Preliminary Design/Alternatives Refinement and Evaluation
The previous studies identified and compared corridor alternatives. This task covers the
alternative refinement and evaluation along the preferred corridor to complete the
conceptual and preliminary design. The preliminary design will be completed with
enough detail to support completion of the NEPA document.
8.1 Note Reduction/Preliminary Plotting
This task will include the effort for gathering data to create the existing
topography file to use for preliminary design.
8.2 Alternative Refinement — Horizontal Alignment
The Consultant will develop up to 3 alternative refinement concepts for the
bypass alignment, as well as for the connection to County Road P35 and
Bridgeview Drive. The alternatives will stay within defined project study area and
will be conceptual in nature providing enough information to adequately evaluate
the alternatives.
8.3 Alternative Development — Typical Section
The Consultant will develop up to 3 alternative refinement concepts for the
bypass alignment, analyzing different typical sections for the proposed bypass.
The alternatives will stay within defined project study area and will be conceptual
in nature providing enough information to adequately evaluate the alternatives.
8.4 Alternative Screening and Refinement
The Consultant will develop a matrix of critical factors to screen the refined
alternatives. The alternatives will be designed with enough information to
adequately evaluate the alternatives and select a preferred alternative.
Felsburg Holt & Ullevig
Project No. STP- DPS- 3854(1), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 3 of 29
The following Tasks (8.5 thru 8.21) will be completed for the Preferred Alternative
identified in Task 8.4. These tasks will be complete to the Functional Design phase.
8.5 Roadway Horizontal Alignment
This task includes the design and drafting of the horizontal alignments for the
preferred alternative. This will include design alignments for the Bypass as well
as any intersecting side streets. The data describing the horizontal alignments
will be placed on the appropriate plan sheets.
8.6 Roadway Vertical Alignment
This task includes the design and drafting of the vertical alignments for the
preferred alternative. This will include design alignments for the Bypass as well
as any intersecting side streets. The data describing the vertical alignments will
be placed on the appropriate plan sheets.
8.7 Template Roadway Cross - Sections
Develop the templates necessary to process cross sections on the various
roadway alignments. Task also includes developing and refining the cross
sections and producing the cross section sheets for each of the roadway
alignments. This would be completed for the preferred alternative identified in
the concept development.
8.8 Earthwork
Process the earthwork for the preferred alternative identified in the feasibility
study, including any extra earthwork due to frontage roads, large driveways, and
any other cause for earthwork.
8.9 Roadway Geometric Design
This task includes the geometric design of all intersections, driveways, sidewalks,
parking lots, etc., which includes setting up all the geometric sheets for the
project. Labeling the geometric points with Station and Offsets will not be
completed with this project, but will be completed in Final Design.
8.10 Drainage Study
This task includes the preparation of a preliminary drainage study that will include
a drainage map outlining all drainage areas and completion of the following for
each area:
8.10.1 Determine hydrologic properties for the drainage areas
8.10.2 Calculate runoff for the drainage areas
8.10.3 Analyze capacity of the existing system at US Hwy 30
8.10.4 Determine allowable headwater for any culverts
8.10.5 Determine storm sewer pipe sizes
8.10.6 Size any proposed drainage swales
8.11 Storm Sewer Design
This task includes an evaluation of storm sewer and swale layout, inlet spacing,
and pipe sizing as part of the alternatives development; completion of preliminary
storm sewer design and drafting of the appropriate storm sewer plan data on the
Construction sheets; and drafting preliminary storm sewer profiles on the Plan
and Profile sheets.
8.12 Construction and Removal
Development of all of the Removal plan sheets to detail all removals necessary
for this project, includes drafting the plan sheets to show removals, tabulating the
removals and effort for review and edits. Task also includes development of the
Construction plan sheets with appropriate notes and tables detailing all
construction items for this project. This task will be completed for the preferred
alternative.
8.13 Quantities / Estimates
Felsburg Holt & Ullevig
Project No. STP- DPS- 3854(1), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 4 of 29
This effort includes quantity takeoffs, preliminary quantity calculations,
development of Summary of Approximate Quantities sheet, and a separate
engineer's estimate of probable cost. This task will be completed for the
preferred alternative identified in the concept development.
8.14 Right -of -Way Impacts
Right of way impacts will be identified for the preferred alternative.. Consultant
will develop cost estimates associated with the right of way impacts.
8.15 Utilities Coordination/Verification
Identify and verify any utility conflicts. The Consultant will communicate with the
utilities to identify existing facilities and their potential conflicts. The Consultant
will prepare a cost estimate for any major utility relocation.
8.16 Typical Sections
This includes designing and drafting the typical sections for the preferred
alternative identified during the concept development.
8.17 Traffic Phasing Plans /Detour Plans
This task is to develop the general phasing concept for the alternatives.
Constructability will be an important factor to consider when evaluating the
alternatives.
8.18 Plan -In -Hand Meeting/ Report
Schedule and attend a plan -in -hand meeting with the key stakeholders to review
the thirty (30) percent roadway design plans. The Consultant will prepare and
submit a plan -in -hand report within two (2) two weeks of the meeting
summarizing the findings and decisions made regarding the project design.
8.19 Traffic Volume Data Collection
The Consultant will utilize historic traffic data at the study intersections provided
by the City of Blair and NDOR to develop baseline traffic volumes. This data
includes average daily traffic counts (ADT), design hourly volumes (DHV), AM
and PM peak period and heavy vehicle percentages. FHU will prepare a traffic
data request if any new counts are'required to be collected. This request may
include AM and PM peak period counts at the intersections of US 75 with County
Road P35 and US 30 with Hollow Road.
FHU will develop future year (2040) AM and PM peak period forecasts utilizing
historic 24 -hour traffic forecasts for the study segments and locations described
in following sections.
8.20 Traffic Analysis
The Consultant will conduct a traffic analysis for the study corridor for both the
existing conditions and for the Design Year 2040 traffic conditions. An interim
year analysis is also anticipated to determine what year the Bypass will need to
be upgraded from the initial two -lane cross section to a four -lane cross section.
The traffic analysis will be used to determine capacity, traffic control, required
lane configurations, and storage length needs at study intersections for the
proposed project. The task will include coordination with NDOR. Traffic
analyses are anticipated at the following intersections:
• US Highway 72 with Bypass Road (east terminus)
• US Highway 30 with Bypass Road (west terminus)
• Bypass Road with County Road P35
8.21 Crash Analysis
A minimum of three years of the most recently available crash data will be
assessed to identify potential safety concerns along the study corridor. This data
will be requested from NDOR for analysis by the Consultant.
9. Environmental Assessment / NEPA Compliance
Felsburg Holt & Ullevig
Project No. STP- DPS- 3854(1), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 5 of 29
This work task, as completed by the Consultant shall assess how the environment will
be affected by the project and must be considered in relation to the physical limitations
and impacts consistent with 23CFR771 and 774, and FHWA T- 6640.8A. The
assessment of impacts will include an Environmental Scoping Meeting with Federal,
State and local agencies. Previous studies completed for the Blair Bypass EIS will be
used to the fullest extent possible to eliminate duplicate efforts. Updates to some of
these field studies maybe required.
9.1 Interagency Meetings
FHWA, NDOR and the regulatory and resource agencies hold monthly
meetings to review Local Public Agency and MAPA projects. We anticipate
that up to 9 meetings may be required.' It is anticipated that this meeting will
be held in Omaha.
9.2 Environmental Assessment (EA) Document
The EA must contain a discussion of the following general topics:
• Purpose and need statement, developed in coordination with the public.
• Discussion of the alternatives considered. The no -build alternative and one
appropriate build alternative will be evaluated. A summary discussion will be
included on past alternatives, and reasons why they were eliminated
previously.
• Description of the proposed action.
• Discussion of social, economic, and environmental impacts of the proposed
action alternative (affected environment and environmental consequences).
• Listing of agencies /persons consulted
The focus must be on the important impacts and issues with less important areas
only briefly discussed. Items not discussed will be identified. Based upon the
extent of adverse impacts, mitigation measures must be identified, as required.
Detailed mitigation plans with specific criteria and associated monitoring activities
are outside the scope of this study.
9.3 Purpose and Need
A Project Purpose. and Need Statement will be developed to satisfy NEPA
requirements, to have available for distribution to the public, and to use in
information requests to resource and regulatory agencies. Using information from
the concept development, the statement will define the problem to be solved by
the proposed project, and justify why the project is necessary. It will also define
the logical termini for the project, as well as the study area boundary for the
environmental analysis. A draft Purpose & Need will be submitted for review by
NDOR and FHWA. Any comments received will be addressed and resubmitted
in a Final Purpose & Need.
9.4 Discussion of Alternatives Considered
This section will include a discussion of the development of alternatives as well
as screening alternatives to determine how well they meet project purpose and
need. This section will identify alternatives that are carried forward for more
detailed analysis of social, economic, and environmental impacts.
9.6 Description of the Proposed Action
The EA will include a description of the preferred alternative that was
developed through the alternative development and screening process.
9.6 Social Impacts — Land Use /Community Resources
The Consultant shall document existing conditions relative to the following
categories and review with the respective community planning staff:
a) Land use plans
b) Visual and Aesthetics
c) Zoning ordinances
Felsburg Holt & Ullevig
Project No. STP- DPS- 3864(1), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 6 of 29
d) Community facilities and services
e) Neighborhood boundaries, circulation patterns, and activity centers
The Consultant shall document potential social impacts based on the
identification of the following issues:
a) The number of and type of displacements (residential, commercial,
industrial) characteristics of displaces, availability of replacement housing,
etc., due to right-of-way acquisition [see T- 6640.8A — Relocation Impacts].
b) Changes in access to community facilities and city /county services
(including emergency vehicle access)
c) Changes in development patterns induced by the project
d) Changes to existing neighborhood /community boundaries and community
cohesion
e) Consistency of proposed alternatives to.existing land use /development
plans
9.7 Economic Impacts
The Consultant shall conduct field review inventory of businesses (including
farms and farm accesses) in the study area, noting proximity to existing
roadways.
The Consultant shall assess the potential impacts to businesses near the
highway as a result of changes in access, travel patterns, improved traffic
capacity, and visibility.
The Consultant shall assess the potential impacts to the local tax base
associated with Right -of -Way acquisition and any relocation of
bus! nesses/households.
9.8 Environmental Justice
The Consultant shall identify adverse impacts and determine whether there is
a disproportionately high and adverse effect on minority, low- income
populations, or other protected populations.
The Consultant shall determine the spatial distribution of impacts. Using
existing data, supplemented through contact with the affected community, the
Consultant shall identify the minority and low- income populations in the
affected area.
The NDOR and FHWA will determine if the project, either individually or
cumulatively, has disproportionately high impacts to minority or low- income
populations.
9.9 Agricultural /Farmland Impacts
The Consultant shall document the number and type of farming operations
affected by the project. The Consultant shall evaluate the impacts according to
the guidelines in the Federal Farmland Protection Policy Act. Primary subtasks
include the following:
• Lists of prime and other important farmlands must be obtained from the
Natural Resources Conservation Service (NRCS) office for each
county within the study area.
• Farmlands within the project area must be identified.
• Impacts including severance and access must be quantified and
mitigation discussed as appropriate.
• USDA Form NRCS- CPA -106 or AD -1006 must be completed and
coordinated with the local NRCS offices.
9.10 Habitat/Flora/Fauna Impacts
Felsburg Holt & Ullevig
Project No. STP -DPS- 3854(1), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 7 of 29
The Consultant shall identify and describe general habitat types within the
project study area, and provide assessment of project impacts. Measurements
rbust be approximations through the use of aerial photographs and limited site
inspections.
9.11 Threatened and Endangered Species .
The Consultant will prepare the Biological Evaluation (BE) letter for submittal to
NDOR. The BE letter will include the project description, habitat impacts, activity
checklist, and wetland delineation report.
9.12 Wetlands
The Consultant shall conduct a delineation of wetlands and waters of the US
(regardless of isolation or jurisdictional status) according to the 1987 Corps
Wetland Delineation Manual and NDOR Memorandum on Qualifications and
Documentation Requirements for LPA Project Wetlands Reviews.
The delineation shall include (a) ground level photographs, (b) documentation of
wetlands on Corps Wetland Determination Data Sheets (using the Midwest or
Great Plains Regional Supplements) at all sample points, and (c) identification
and characterization of other waters of the US (streams, lakes, ponds, pits or
other impoundments), including delineation of the ordinary high water mark
(OHWM) if present and determination of USGS Hydrologic Code and water
regime. Field data collection shall be accomplished during the growing season,
generally between 1 May and 1 November. The delineation data will be
organized in to a clearly written Wetland Delineation Report.
Delineation wetlands shall be performed using transect methods with at least
one sample point in the wetland and one in upland at each upland/wetland
interface. Wetlands shall be identified according to the Cowardin classification
and Nebraska Wetland Subclass. Water regime (perennial, intermittent,
ephemeral, etc.) will be based on best professional judgment and published
resources (7.5 minute Topographic Map, County Soil Survey, National
Hydrography Data Set, etc). Consultant shall take digital ground photos and use
GPS to locate wetland boundaries and observation point locations. Consultant
shall use a sub -meter accuracy GPS, to map all wetland and /or stream channel
boundaries, photo points and data points.
The Consultant shall plot the data on aerial photographs with the roadway
alignment and stationing. Data will include wetland boundaries, wetland types,
waters of the US (OHWM) and location of data collection points and
photographs. Map scale must be drawn to a scale no smaller than 1 -inch = 200 -
feet.
If deemed appropriate, the Consultant shall request the Corps to make a
Preliminary Jurisdictional Determination.
If it is determined that on -site or off -site mitigation must be developed, the
Consultant shall identify a minimum of two potential mitigation sites along the
project corridor. Recommendations will be submitted in a Mitigation Site
Suitability Memorandum to NDOR, and locations of the mitigation sites will be
plotted on the aerial photographs. If two sites cannot be identified, this will be
explained in the memorandum.
The Consultant shall submit the determination materials to NDOR in electronic
format, and summarize the findings in the NEPA document. The Consultant shall
evaluate and quantify wetland impacts in accordance with outside agency
procedures for implementing wetland presidential executive orders (Practicable
alternatives, mitigation measures, etc.).
9.13 Floodplains
Felsburg Holt & Ullevig
Project No. STP- DPS- 3854(1), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 8 of 29
The Consultant shall provide floodplain evaluations to define approximate
floodplain limits for rivers and streams that affect corridor structure crossings or
embankment encroachments. Floodplain delineation limits must be determined.
using available floodplain mapping including the USGS Map of Flood Prone
Areas and appropriate FEMA mapping.
The Consultant shall evaluate and quantify floodplain impacts in accordance with
outside agency procedures for implementing floodplain presidential executive
orders (Practicable alternatives, mitigation measures, etc.).
9.14 Water Quality Impacts
The Consultant shall compile information from existing data regarding water
sources, municipal /industrial, quality /quantity, groundwater, irrigation,
recreational water use. Identify any wellhead protection areas. Review and verify
stream and lake classifications and special resource classifications. Identify any
water bodies on the State list of impaired waters.
The Consultant shall evaluate the potential impact on water quality from
construction and /or operation of the proposed alternatives and identify /evaluate
potential mitigation consistent with State policies and guidelines.
9.16 Recreational Facilities Impacts (4(f), 6(f))
The Consultant shall identify existing and planned public use recreational areas,
community parks, wildlife and waterfowl protection areas, bike trails, hiking trails,
snowmobile trails, fishing and hunting access areas, or other land uses that may
be subject to Section 4(f) requirements within the study area. Any 6(0 land will
be identified as well.
9.16 Hazardous Materials Technical Report (HMTR)
The Consultant will conduct a HMTR within the project site area to identify the
presence or likely presence of known or potential hazardous substances or
petroleum products on a property under conditions that indicate an existing
release, a past release, or a material threat of a release of any hazardous
substances or petroleum products into structures, on the property or into the
ground, groundwater, or surface water of the property.
The HMTR will include a regulatory file review (local, state and federal agencies)
in accordance with the requirements listed in American Society for Testing
Materials (ASTM) Standard Practice for Environmental Site Assessments E
1527 -05. The purpose of this review will be to identify sites within the projects
construction corridor (one quarter mile on either side of the project). Any sites
identified during the file review will be assessed and their potential impact on the
project discussed in the NEPA documentation.
The HMTR will cover: (1) conducting a corridor study of local, state and federal
database records; (2) conducting a windshield site reconnaissance survey; (3)
reviewing readily available aerial photographs; (4) conducting interviews with
local agencies and regulators, if necessary; and (5) preparing a written
technical memorandum of the findings. The report will be included as an
appendix to the NEPA document, with the findings summarized in the main
body of the NEPA document.
9.17 Construction Impacts
The Consultant will discuss potential adverse impacts associated with
construction (air, noise, water, detours, traffic congestion, safety, etc.).
9.18 Historical /Cultural Resources (Section 106)
The Consultant will provide a new project description and the State will
coordinate the archaeological and historic structure investigations and will
Felsburg Holt & Ullevig
Project No. STP- DPS- 3854(1), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 9 of 29
identify 4(f) sites (historic resources). The Consultant shall review data,
summarize in the environmental document, and evaluate project impacts to the
identified sites.. A Section 4(f) statement of efforts to avoid and minimize
impacts to historic resources will be prepared by the Consultant in coordination
with the State. Section 106 coordination with SHPO and other entities such as
tribes will be through the State.
The preparation of Section 4(f and 106 documents are separate from the EA
document scope of work. The scope of work and cost estimate to complete the
106 and 4(f) documentation will be negotiated, based on results of preliminary
analysis, and included as a supplement to the existing agreement.
9.19 Noise Impacts
Consultant will perform a traffic noise study using the most current version of the
FHWA Traffic Noise Model (TNM) and in accordance with the NDOR Noise
Analysis and Abatement Policy. The study will evaluate current and future build
condition noise levels at reasonable residences and businesses along the project
boundaries for one build and one no -build alternative. The location of the 66 and
71 dBA noise impact contour lines will be shown on an aerial map of the project
area. If required, noise mitigation alternatives will be evaluated. The mitigation
analysis will apply the effectiveness and reasonability criteria established by the
NDOR.
Findings will be included in a Noise Study report describing the methods and
findings. The report will be included as an attachment to the EA.
9.20 Cumulative Impacts
The Consultant shall summarize the cumulative impacts of this project along with
other area projects.
9.21 Agency Coordination
The EA will include a section documenting coordination with agencies and the
public, and a section listing all mitigation items identified throughout the DEA.
9.22 Environmental Assessment Preparation
a) Preliminary Draft EA (1)
The Consultant shall prepare a Preliminary Draft EA document to include
the Purpose and Need Statement, Project Description, Alternatives
Considered, Environmental Impacts, mitigation, project maps, specialty
reports and other supplemental information such as resource agency
correspondence. The document will be submitted electronically to NDOR
for review.
b) Revised Draft EA (11)
The Consultant shall address NDOR comments and revise the Preliminary
Draft EA. Forty (40) comments are anticipated, of which ten (10) will
require significant response effort. The document will be submitted
electronically for NDOR submittal to FHWA.
c) Draft EA (111)
The Consultant will make final revisions based on NDOR and FHWA
comments. The document will be submitted electronically for NDOR
submittal to FHWA. Upon FHWA signature of the Final Draft EA, the
Consultant will prepare final deliverables and submit to NDOR the
electronic files and a hard copy of all materials. Twenty paper copies will
be prepared for City use, including copies to be made available for public
viewing. Distribution of the Final Draft Fro will be done electronically by
NDOR.
d) Preliminary Final EA/Errata (IV)
Felsburg Holt & Ullevig
Project No. STP- DPS- 3854(1), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 10 of 29
Based on comments received, the Consultant will prepare the Preliminary
Final EA,'including final justification of the preferred alternative, basis for
selection, impacts, mitigation, and response to input received as a result
of the draft document availability and public hearing. The Preliminary Final
Fro will consist of.
• Summary of Agency and Public Comments and Responses,
including a list of issues /concems /responses
• Errata, identifying changes to the Draft EA
• Revised List of Mitigation items to include any additions or
changes to the Draft EA list
The document will be submitted electronically to NDOR for internal review
and approval. If needed the document will be revised for NDOR to submit
to FHWA for review and approval.
e) Final EA/Errata M
The Consultant will make final revisions based on NDOR and FHWA
comments.. Ten (10) comments are anticipated, of which 5 are anticipated
to require significant documentation. The document will be submitted
electronically for NDOR submittal to FHWA. It is assumed that there will
be no significant changes to the FEA based these reviews, and that the
Errata format will be used (the entire EA will not be reprinted). Final
deliverables will be prepared and submitted to NDOR, including electronic
files and a hard copy of all materials Ten paper copies will be prepared for
City use. Distribution of the Final Draft EA/Errata will be done by NDOR.
9.23 Decision Memo
The EA is a decision document that provides the basis for determination of
whether to prepare an EIS or FONSI. A decision memo will be prepared to
accompany the Final EA.
9.24 Green Sheets
The Consultant will prepare a draft Green Sheet document to include
concurrences, permits (if required), commitments and mitigation measures for
the proposed project. The document will be submitted electronically to NDOR for
review.
10 Geotechnical Analysis
The Consultant shall conduct geotechnical exploration through the advancement of soil
borings, testing of samples in the field and in the laboratory, and analyses of the soil
conditions encountered to determine recommendations for roadway subgrade
preparation and pavement design.
Soil will be tested at thirteen (13) locations, with ten (10) borings along the alignment of
the proposed bypass, one (1) boring within the proposed realignment of County Road
P35, one (1) on existing County Road P35, and one (1) on existing Bridgeview Drive. A
minimum of two (2) borings are required within the area requiring significant cuts of 80
to 90 feet. Boring depths of 10 to 110 feet are expected with a total drilling footage of up
to 535 lineal feet. Borings drilled on existing roads will also include coring the existing
pavement to acquire pavement thickness.
Other geotechnical task items are as follows:
10.1 Project Preparation
10.1.1 Prior to drilling the soil borings, locations will be staked by
Consultant personnel.
10.1.2 Area underground utility service representatives will be contacted
through the Diggers Hotline system to mark area public utilities in
Felsburg Holt & Ullevig
Project No. STP- DPS- 3854(1), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 11 of 29
order to remove conflicts between drilling and utilities in accordance
with State law.
10.1.3 Site characteristics will also be noted and the boring location
adjusted to fit the site characteristics.
10.2 Soil Borings
10.2.1 Soil sample boring will be done using a truck - mounted drilling and
sampling rig. Consultant will obtain four soil samples within the
upper 10 feet of borings and every 5 feet thereafter.
10.2.2 Undisturbed samples of cohesive soil will be obtained using a thin -
walled sampler tube in accordance with ASTM D1587, Standard
Method for Thin - Walled Tube Sampling of Soils, using an open -
tube (Shelby Tube) sampler having an outside diameter of 3.0
inches.
10.2.3 If encountered, sand or other granular soils will be retrieved with a
split-barrel sampler. Standard Penetration Test (SPT)
measurements will be made during the retrieval of each split- barrel
sample in accordance with ASTM D1586, Standard Method for
Penetration Test and Split- Barrel Sampling of Soils to determine
the relative density of the granular materials.
10.2.4 Bulk samples will be obtained to perform ASTM D698 Standard
Proctor Test from borings where cuts greater than 30 feet are
anticipated.
10.2.5 Field logs of the soil types and characteristics encountered at the
boring location will be recorded in the field.
10.2.6 Groundwater levels, if encountered within the boring depths, will be
recorded at the time of drilling and after 24 hours.
10.2.7 The borings will be filled. Extra soil will be removed from the drill
locations.
10.3 Field Log Recording the following:
10.3.1 Thicknesses of existing pavements, fill or other disturbed soil layers
will be recorded on the boring logs in the field, where encountered.
10.3.2 Approximate locations of changes in soil type with depth.
10.3.3 Groundwater levels when encountered during and after drilling.
10.3.4 Identification of the subsurface materials described in accordance
with ASTM D2488, Standard Practice for Description and
Identification of Soils (Visual- Manual Procedure).
10.3.5 And other site conditions that may affect the engineering
recommendations.
10.4 Laboratory Testing of Recovered Samples
10.4.1 Measurements of in -place moisture content, density, shear
strength, unconfined compressive strength, and soil classification
will be conducted on selected clayey samples. Moisture content of
selected sand samples will be measured. Consolidation potential
will be measured from select samples.
10.4.2 Laboratory tests will be completed in accordance with ASTM
procedures.
10.5 Analysis of the Test Data
10.5.1 Potential effects of the area groundwater level.
10.5.2 Roadway subgrade preparation recommendations and support
parameters
10.6 Report containing the following.
10.6.1 Description of site soil conditions.
Felsburg Holt & Ullevig
Project No. STP- DPS- 3854(1), CN 22508
Blair South Bypass
EXHIBIT "A"
Page 12 of 29
Project Name: Blair Bypa
_ _
Project Number. STP- DPS•3854(1)
Blinded Kati
��$79.33 �
Control Number 22508
Coda "
Location (City, County): City of Blair. Washington County
PR
Firm Name: Feisburg Holt & Ulievig
35
Consultant Project Manager. Matt McFadden
F F L
EL G
S BU R G
Phone /Email: 402- 445 -44051 matt.mcfadden@fhueng.com
L T
LPA Responsible Charge: At Schoemaker
U LL E V ! G
Phone/Email. (402)42641911 ars @ci.blair.ne.us
SENV
NDOR Project Coordinator RaitisTigeds
140
Phone /Email: 402- 479.3843 / raitis.Ugeds @nebraska.gov
$8225.00
Date: Apd116.2015
Environmental Scientist
Labor Cos
_ _
- Hours,
�-
Blinded Kati
��$79.33 �
luttourrt
Coda "
ClatalticatlonTlUe '.
PR
Principal
35
32776.55
PM
Project Manager
380
$64.90
524 66200
SENV
Senior Environmental Scientist
140
$58.75
$8225.00
ENV
Environmental Scientist
814
539.13
531:851.82
SENG
Associate/Senior Engineer
129
$54.18
S8 989.22
ENG
Engineer
814
$32.38
S28 357.32
SDES
Senior Desi ner /CADD Technician
674
$40.55
$27.330.70
DES
D ner /CARD Technician
34
531.68
51.077,12
ADM
Administrative
15
$23.90
_ 5358150
en [e:
Environmental Scientist
Allison Sambol
Environ. Scientist IV
$40.38
40%
Tony Bauman
Environ. Scientist V
$45.19
2 0%
Overhead Rata•: 178.43% Fee for Profit Rate% 12.85%
"Enterfirmsmost recentAudded Overhead Rate, and Fee forPmfit Rate calculated from the NDOR Fired Fee Worksheet (available on the NDOR
webske).
CLASSIFICATIONS":
PR = Principal SENG = Associate/Senior Engineer ADM = Administrative
PM = Project Manager ENG = Engineer r. _
SENV = Senior Environmental Scientist SDES = Senior Designer /CADD Technician � _
ENV = Environmental Scientist DES = Designer /CARD Technician
- For User - Defined Classifications, you wtll need to edit the Ctassirvations Legend located above. To enter anew c/assilrcation, replace 'UD1' with its
abbreviation (ex. GRA) and replace 'User Defined 1 "with the corresponding fill& (ex. GraphicArtisy. Once the user -deffi f cis are added, they wii /setf-
populate in the Labor Costs Table, as well as the remaining sheets.
Blended Rates Table
EMPLOYEE NAME
CLASSIFICAA710W;3CERTIFICATIONS .
SALARY-R it . 440(GNED
Principal
Kyle Anderson
Principal it
$79.33
100%
Project Manager
Matt McFadden
Principal 1
$64.90
100%
.- & ,��J�.: " n _3� 3�^,
°.r '3 -a �:.i" .? wi'f_�.i
a.,rr'
en te:
Senior Environmental Scientist
Amy 71otsky
Principal 1
$64.90
60%
Alex Pulley
Sr. Environ. Scientist
$49.04
20%
Dale Tischmak
Sr. Environ. Scientist
$50.00
20%
en [e:
Environmental Scientist
Allison Sambol
Environ. Scientist IV
$40.38
40%
Tony Bauman
Environ. Scientist V
$45.19
2 0%
Carin Richardson
Environ. Scientist IV
$42.79
20%
Kody Unstad
Environ. Scientist 11
$26.92
20%
en te:
Associate/Senior Engineer
Matt McFadden
Associate
$64.90
10%
Rick Haden
Associate
559.13
40%
Dave Lampe
Engineer V
$48.07
50%
en te:
Engineer
Josh Palik
Engineer III
$36.06
25%
Mark Meisinger
Enggneer IV
541.35
15%
Adam Denney
Engineer 11
$31.73
15%
Dan Barth
Engineer 1
$27.40
30%
Stacey Joy
Engineer I
527.88
15%
en Rate:
Senior Designer /CADD Technician
Brian Moffatt
Sr. Designer
$41.00
70%
Larry Lagsding
Sr. Designer
$39.50
30%
even i ante
Designed ADD Technician
Adam Behmer
Environmental Scientist II
$27.88
30%
Jessica Jurzenski, PHD
Environmental Scientist III
$32.93
30%
Megan Omelas
GIs Specialist III
$32.69
20%
Zach Topoloski
Graphics Designer 4
534.50
20%
en a te:
Administrative
Kdssy Strub
Admin
$22.00
80%
Stephanie Weiss
Admin
$32.50
10%
Linda Stuchiik
Sr. Admin
$30.50
10%
eD n - 3iffT�u
en te:
'Input actual employee ciassr4ation as designated by firm, Also enterin any cedii1cabons that employee holds.
Total of °% Assigned' must equal 100% for each personnel dassftatbn category. It one person in dassikatlon, list them as 100% for'% Assigned'
Consultant's Fee Proposal for Prelim Design NEPA Services
Staffing Plan
UPDATE: May 18, 2012
EXHIBIT "A"
Page 14 of 29
Project Name: Blair
Project Number. STP- DPS4864(1)
Control Number. 22608
Locatlon (City, County): City of Blab, Washington County
Firm Name: Felsbum Hop d Ullevig
0-114
Consultant Project Manager. M= McFadden
FELSBURO
Phone/Email: 402.445-44051 mad.tndaddenn1hueno.com
S:
LPA Responsible Charge: At Schoemaker
Phone/Emall: (402)426.4191 /arsOci.blaicne.us
(
U L L E V I G
NDOR Project Coordinator . RapFs Tsaene
Phona/Email: 402 - 4743643 /rdips.tklerfsQnebraska gov
Data: Aodl 16.2015
Consuhanrs Fee Proposal for Prelim Design NEPA Services
Estimate of Hours
UPDATE May 19 2012
EXHIBIT "A"
Page 15 of 29
Project Name: Blair Bypass
Project Number: STP- DPS- 3854(1)
Control Number: 22508
Location (City, County): City of Blair, Washington County
Firm Name: Felsburg Holt & Ullevig
Consultant Project Manager: Matt McFadden FELSBURG
Phone/Email: 402 - 445 -4405 / matt.mcfadden @fhueng.com [rRHOLT &
LPA Responsible Charge: AI Schoemaker U L L E V 1 G
Phone/Email: (402)426 -4191 /ars @ai.biair.ne.us
NDOR Project Coordinator. Raids Tigeris
Phone/Email: 402 - 479 - 3843 / ra16s.bgeris @nebraska.gov
Date: A0116,2015
Other.Mlscelianeoua Costs
Qua
UnB Coat-,
° ".Aftunt .
EDR.Inc. re ulato database report -basic package)
1
5300.00
$300.00
Nebraska De anment of Environmental Quality Records Mana ement file copies)
1
$250.00
3250.00
Miscellaneous Posta e. Mailing. Deliveries, Etc.
1
$122.12
3122.12
Subtotal
.
$672.12
TOTAL DIRECT EXPENSES
$59,19740
Consultant's Fee Proposal for Prelim Design NEPA Services
Direct. Expenses
UPDATE: May 18, 2012
EXHIBIT "A"
Page 16 of 29
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EXHIBIT
Page 1e of 29
Thiele Geotech Inc
December 3, 2014
Mr. Matthew B. MacFadden, PE
Felsburg Holt & Ullevig
11422 Miracle Hills Drive
Suite 115
Omaha, NE 68154
13478 Chandler Road
Omaha, Nebraska 68138 -3716
402.556.2171 Fax 402.556.7831
www.thleleg a otec h.c om
RE: PROPOSAL FOR GEOTECHNICAL EXPLORATION
BLAIR SOUTH BYPASS, US HIGHWAY 30 & HOLLOW ROAD INTERSECTION TO
US HIGHWAY 75 & COUNTRY ROAD P35 INTERSECTION, BLAIR, NEBRASKA
Dear MacFadden:
Enclosed is our proposal for geotechnical exploration related to the proposed Blair South Bypass from US
Highway 30 and Hollow Road intersection to the US Highway 75 and County Road P35 to in Blair,
Nebraska. The accompanying proposal describes our approach and proposed scope of services, the
estimated cost of the study, and the contract terms.
Thiele Geotech is a service - oriented firm offering geotechnical, material, and environmental engineering.
Our focus is on providing quality engineering solutions based on each individual client's needs. Our
professional staff has extensive experience with similar projects, and we have the equipment and
resources available to complete this study.
We look forward to working with you and your design team on this project. If you have any questions,
please call. If the accompanying proposal is acceptable please return an executed copy to our office.
Respectfully,
Thiele Geotech, Inc.
Kristle P. Beaudet, PE
Enclosures
R:IPROPOSALIBLAIR BYPASS.DOCX
GEOTEC,HNICAL a MATERIAL m ENVIRONMENTALA ENGINEERING
EXHIBIT "A"
Page 20 of 29
Geotechnical Exploration Proposal
Blair South Bypass
US Highway 30 & Hollow Road Intersection
to US Highway 75 & Country Road P35 Intersection
Blair, Nebraska
December 3, 2014
Thiele Geotech, Inc. is pleased to submit our proposal for geotechnical exploration related to the proposed
Blair South Bypass in Blair, Nebraska. The following sections detail our understanding of the project,
our proposed scope of services, and the estimated cost of the study. A cost estimate for the project is
attached in Exhibit A and the contract terms are attached in Exhibit B. This proposal will be held open
for a period of 45 days from the above date.
PROJECT DESCRIPTION
Our understanding of the project is based upon information provided by Felsburg Holt & Ullevig.
The project consists of a two lane roadway from the US Highway 30 and Hollow Road intersection and
will extend west to the US Highway 75 and Country Road P35 intersection. County Road P35 will be re-
routed to intersect the Bypass road at approximately Station 144, Bridgeview Drive will also be rerouted
to intersect the proposed stretch of County Road P35. Approximately 1,200 lineal feet of the north end of
County Road P35 is proposed to, be demolished.
Based on the Plan and Profile plan provided, the proposed roads may cross some wetland areas and
drainage ways. A box culvert is planned near Station 145 for the existing waterway and approximately
10 feet of fill above the culvert is anticipated. Significant cuts and fills are proposed for the Blair South
Bypass roadway, cuts ranging from 5 to 90 feet and fills ranging from 2 to 40 feet.
Based on previous experience in the area, the soils on the site are expected to consist of Peoria loess
deposits overlying older loess and till deposits on the hill tops and colluvium and alluvium in the
drainageways and wetland areas. The Ioess is assumed to be of firm consistency.
SCOPE OF SERVICES
Our proposed geotechnical exploration will consist of test borings to obtain geologic information and
samples of the site soils, laboratory tests to determine the relevant engineering properties of the various
soil strata, and a report of geotechnical engineering recommendations.
With the anticipated soil conditions, we propose to conduct a total of 13 test borings. The borings will be
spaced across the site and at strategic locations, ten (10) borings along the alignment of the proposed
bypass, one (1) boring within the proposed realignment of County Road P35, one (1) on existing County
Road P35, and one (1) on existing Bridgeview Drive. , Based on boring depths of 20 to 110 feet, a total
drilling footage of up to 535 lineal feet is proposed. Borings will be samples every 2.5 feet within the
upper 10 feet of borings and every 5 feet thereafter. Bulk samples will be obtained from borings where
cuts greater than 30 feet are anticipated to perform ASTM D698 Standard Proctor Tests. A descriptive log
of the test borings will be prepared. The pavement thickness will be observed and recorded on the logs
for borings drilled through existing pavements.
Based on the results of the test borings, a laboratory testing program will be established to evaluate the
engineering properties of the various soil strata. Laboratory testing may include moisture content and
T h 1 e I e G e o t e c h 1 n c
EXHIBIT "A"
Page 21 of 29
Geotechnical Exploration Proposal
December 3, 2014
Page 2 of 2
density determinations to characterize the state and uniformity of the deposits, unconfined compression
tests to determine shear strength parameters, one - dimensional consolidation tests to evaluate
compressibility, and index property tests for classification.
Our report will discuss the general soil and ground water conditions underlying the site; present the
relevant engineering properties of the existing soils; provide earthwork and site preparation
recommendations; and recommend design criteria and parameters for utilities, box culvert foundations,
pavements, and other earth supported improvements.
The proposed scope of services does not include an evaluation of potential contamination on or near the
site. If the environmental condition of the property is a concern, an environmental site assessment can be
provided as an additional service.
ESTIMATED COST & SCHEDULE
Estimated quantities and costs are shown in the attached cost estimate in Exhibit A. Based on the
indicated work scope, the total cost for this study is estimated at $21,800.00. This maximum amount will
not be exceeded for the geotechnical exploration unless additional work is authorized.
Approximately 4 to 6 weeks from your notice to proceed will be required to complete the study. The
schedule is somewhat dependent on weather, site access conditions, and other factors including the actual
subsurface conditions identified in the test borings. If this proposed schedule does not meet your project
requirements, we would be happy to discuss alternate schedules.
ADDITIONAL SERVICES
Subsequent to completion of the geotechnical exploration report, additional services are often required
that are not included in the above estimate. These include consultation with the design team and review
of the final plans and specifications. In addition, construction phase quality control testing is an
additional service not included in the above estimate. An environmental assessment, if required, can also
be performed as an additional service. If we are requested to provide additional services including, but
not limited to the above, you will be billed in accordance with Exhibit A or our normal fee schedule. We
would be happy to provide cost estimates for any additional services at your request.
EXHIBITS
Exhibit A — Cost Estimate
Exhibit B — General Conditions
THIEL v� ° YIN .
BY: M
Robert K. Lapke, P.E.
13478 Chandler Road
Omaha, Nebraska 68138 -3716
402/556 -2171 Fax 402/556 -7831
CLIENT:
By:
Name: _
Address:
City, state:
Phone: Fax:
T h 1 e I e G e o t e c h I n c
EXHIBIT "A"
Page 22 of 29
Date:
Geotechnical Exploration Proposal
COST ESTIMATE
December 3, 2014
Exhibit A
Description Estimated Unit Estimated
Quantity Rate Cost
Geotechnical Exploration
Site Layout by GPS
GPS Site Layout - GPS technician (/hr)
20.0 110.00
2,200.00
ATV Use ( /day)
2.0 150.00
300.00
Reimbursables - lath, flags, paint
1.0 57.50
57.50
Exploratory Borings
Mobilization (Zone 3)
1.0 245.00
245.00
Exploratory Drilling (hollow stem augers) (M.)
430.0 15.00
6,450.00
Exploratory Drilling (flight augers) (/ft.)
105.0 11.00
1,155.00
Laboratory Testing
estimated based on drilling cost
6,085.00
(includes 4 Standard Proctors and 2 Consolidation tests)
Geotechnical Report
estimated based on drilling cost
5,300.00
Total
21,792.50
Not to Exceed
29,800.00
T h i e l e G e o t e c •h I n c
EXHIBIT "A"
Page 23 of 29
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EXHIBIT "A"
Page 24 of 29
Project Name: Blair South Bypass
Project Number. STP -DPS- 3854(i)
Control Number. 22508
Location (City, County): City of Blair, Washington County
'Firm Name; Alfred Senesch S Company A SC�'1
Consultant Protect Manager. Craig Mielke �
PhonelEmail: 402 - 333.5792 / cmielke®beneseh.com
LPA Responsible Charge: AI Schoemaker
Phone/Email: 402-426-41911 ars @u.blair ne.us
NDOR Project Coordinator Raigs'iigeris
Phone /Email: 402-47- / raitis.Ugeris @nebraska.gov
Date: December 2, 2014
Overhead Rate% 159.91% Fee for Profit Rate 14.30%
• Entert rms most recentAudited Overhead Rate, and Fee forPlofit Rate calculated from the NDOR Fixed Fee Worksheet (available on the NDOR
website).
CLASSIFICATIONS —:
PR = Principal SENG = Associate/Senior Engineer ADM = Administrative
PM = Project Manager ENG = Engineer
SEW = Senior Environmental Scientist SDES = Senior Designer/CADD Technician
ENV = Environmental Scientist DES = Designer /CADD Technician
— For User- Defined C/asslficadons, you will need to edit the Classlricatforrs Legend located above. To enter anew c/ass/lkatlon, replace 'UD1' with its
abbreviation (ex. GRA) and replace 'User Defined 1' with the corresponding We (ex. Graphic Artist). Once the user - definitions am added, they will seH-
populate in the Labor Costs Table, as well as the remaining sheets.
Blended Rates Table
SURF ING PLAN
Hours
BlendsdRate`
f Amount ; ;_3
Code .
Chwiffeattonmus '. _ -
PR
Prins al
en a te:
Project Manager
PM
SE NV
ENV
ProedMana er
Senior Environmental Scientist
Environmental Scientist
46
$36.00
5211600
SENG
Associate/SeniorEngineer
Craig Mielke Project Manager II
$46.00 100%
ENG
Engineer
SDES
I Senior Desi nedCADD Technician
,,.
DES
Desi ner /CADDTachnician
Mm 3
ADM
Administrative
en a
AssociatelSentorEogineer
Engineer
ten te:
Overhead Rate% 159.91% Fee for Profit Rate 14.30%
• Entert rms most recentAudited Overhead Rate, and Fee forPlofit Rate calculated from the NDOR Fixed Fee Worksheet (available on the NDOR
website).
CLASSIFICATIONS —:
PR = Principal SENG = Associate/Senior Engineer ADM = Administrative
PM = Project Manager ENG = Engineer
SEW = Senior Environmental Scientist SDES = Senior Designer/CADD Technician
ENV = Environmental Scientist DES = Designer /CADD Technician
— For User- Defined C/asslficadons, you will need to edit the Classlricatforrs Legend located above. To enter anew c/ass/lkatlon, replace 'UD1' with its
abbreviation (ex. GRA) and replace 'User Defined 1' with the corresponding We (ex. Graphic Artist). Once the user - definitions am added, they will seH-
populate in the Labor Costs Table, as well as the remaining sheets.
Blended Rates Table
SURF ING PLAN
T
EMP,LOYEENAME CLASSIEICATIOIV� BCERTiFICATIONS SALARYRA7E` 476AS.SIGt '
Principal
en a te:
Project Manager
W ended Rate:
Senior Environmental Scientist
Craig Mielke Project Manager II
$46.00 100%
Bl ended Rate:
Environmental Scientist
,,.
Mm 3
�
a te:
en a
AssociatelSentorEogineer
Engineer
ten te:
load Rate:
Senior DesignerlCADD Technician
en�ate:
Designer/CADD Technician
I
en te:
Administrative
W ended Rate:
bl ended Rate: —
en a te:
' !opal actual employee dassftstbn as designated by firm. Also enterin any cerdficadons that employee holds.
' arer or x Hssgneo musr equal 700- for each personnel classtation category 1 /one person in classification, list them as 100%. for '% Assigned'
Consultant's Fee Proposal for Prelim Design NEPA Services
Staffing Plan
UPDATE: May 18, 2012
EXHIBIT "A"
Page 25 of 29
PRELIMINARYDESIGNANDiNEPACOMPLIANCP rt
Consultant's aEst�
matefofYHours u
Project Name: Blair South Bypass
Project Number STP.DPS.3864(1)
Control Number. 22508
Location (City, County): City of Blair. Washington County
Finn Name: Allred Bonesch 6 ConwnV bene
Consultant Project Manager. Craig Mbelke
PhonalEmall: 402-3315792 / crrieikeabsnesch.com
LPA Responsible Charge: Al Schoemaker
Phona[Emall: 402-42641011 ors4d.blalcne.us
NDOR Project Coordinator. Rallis Tigeds
Phone/Emalh 402. 479,W3 / talus.tigerls@nebroska.gov
Dab: December 2.2014
� _.
y. '.. •.. � � • .}.!gyp
i
_
m
REMrAWIT-TIMMIXI om MV-71 FIRM W-71 MM WWI
--�Wmm
8.10.4 Dafarmln6 allowable hoodwntor for culverts
8.19 TraMcVolumo Data Collection
M9 M RUM mmmm M EWE! WIT! mm�
Consultants Fee Proposal for Prelim Design NEPA Services
Estimate of Hours
UPDATE May IA 201`2
EXHIBIT "A"
Page 26 of 29
Project Name: BlairSouth'Bypass
Project Number: STP -DPS- 3854(1)
Control Number: 22508
Location (City, County): City of Blair, Washington County
Firm Name: Alfred Benesch & Company
Consultant Project Manager: Craig Mielke nesc h
Phone/Email: 402-333-57921 cmielke@benesch.com
LPA Responsible Charge: AI Schoemaker
Phone/Email: 402 - 426 -4191 / ars @ci.blair.ne.us
NDOR Project Coordinator. Raitis Tigeris
Phone/Email: 402- 479 - 3843 / raitis.Cg,ds @nebraska.gov
Date: December 2, 2014
Consultant's Fee Proposal for Prelim Design NEPA Services
Direct Expenses
UPDATE: May 18, 2012
EXHIBIT "A"
Page 27 of 29
Project Name: Blair South Bypass
Project Number: STP -DPS- 3854(1)
Control Number: 22508
Location (City, County): City of Blair, Washington County
Firm Name: Alfred Benesch & Company
Consultant Project Manager: Craig Mieike
Phone /Email: 402 - 333 - 5792 / cmieike @benesch.com b e ne sch
LPA Responsible Charge: Al Schoemaker
Phone/Email: 402 - 426 -4191 / ars @ci.biair.ne.us
NDOR Project Coordinator. Raitis Tigeris
Phone/Email: 402 -479 -3843 / raitis.tigeds @nebraska.gov
Date: December 2, 2014
Direct rises:
;E1�nourtt
Subconsuitants
$2116.00
Printing and Reproduction Costs
$155.00
Milea elTravei
$80.48
Lodging/ Meals
$788
Other Miscellaneous Costs
5215.48
TOTALS
5215 48
Total Pro ect Costs: —
- Amount
Direct Labor Costs
$2116.00
Overhead @ 159.91%
$3,383.70
Total Labor Costs
55,498.70
Fee for Profit Q 14.30%
$788
Direct Expenses
5215.48
PROJECT COST
Consultant's Fee Proposal for Prelim Design NEPA Services
Project Cost
UPDATE: May 18, 2412
EXHIBIT 'W'
Page 28 of 29
Project Name:
Project Number.
Control Number:
Location (City, County):
Finn Name:
Consultant Project Manager:
Phone/Email:
LPA Responsible Charge:
Blair South Bypass
STP•DPS-3854(1)
22508
City of Blair, Washington County
Alfred Benesch & Company Obe nesch
Craig Mielke raig Mielke
402 cmielke@benesch.com
AI Schoemaker
Phone/Email: 402-426-4191/ars@ci.blair.ne.us
NDOR Project Coordinator. Raitis Tigeris
Phone/Email: _402 -479 -3843 / ra!U$.tlgeds ®nebraska,gov
Date: December 2, 2014
Y - _
Tasks
For Prellniina 06s1 n and NEPA_Seniices:
�
Totaltiouns
DirectLa6or
Coat,
-Ovefiead
i599iyG
-
�t= ee�orProflt}
1,_3076 ;
=-
Total
pro]ecCost
,-
1. Project Management and Coordination
2. Quality Assurance / Quality Control QA/QC
3. Meetings 6 1 $276.00 $441.35 1 $102.58 1 5819793
4. Data Collection and Review 40 51,840.00 52,942.34 S683.87 1 $5.466.21
S. Site Visits
S. Public and Agency Involvement
7. Topographic and Right-of-Way Surve (By EGA
8. Preliminary Design/Alternatives Development and Evaluation
9. Environmental Assessment / NEPA Compliance
10. Geotechnical Analysis B Thelle Geotech
Direct Expenses
TOTAL
46
$2,116.00
$3,383.69
$215.48
$786.46 1 $6,501.62
Consultant's Fee Proposal for Prelim Design NEPA Services
Cost by Task
UPDATE: May 18, 2012
EXHIBIT "A"
Page 29 of 29
FEES AND PAYMENTS
A. Payment Method. Payment under this Agreement will be made based on Actual
Costs plus a Fixed Fee for profit
B. Total Agreement Amount. For performance of the Services as specified in this
Agreement, Consultant will be paid a fixed -fee- for - profit of $46,378.72 and up to a
maximum amount of $420,121.28 for actual costs in accordance with Section 7.. The
total agreement amount is $466,500.00 Consultant's compensation shall not exceed this
maximum amount without prior written approval of the LPA.
C. Ineligible Costs. LPA is not responsible for costs incurred prior to the Notice -to- Proceed
date or after the completion deadline date set out in SECTION 9. NOTICE TO
PROCEED AND COMPLETION section of this Agreement or as approved in writing by
LPA.
D. Federal Cost Principles. For performance of Services as specified in this Agreement,
Consultant will be paid subject to the terms of this Agreement and all requirements and
limitations of the federal cost principles contained in the Federal Acquisition Regulation
(48 CFR 31).
E. Federal -aid. (2 -1 -12) LPA will not make payments directly to Consultant for services
performed under this agreement. Instead, the State will serve as a paying agent for
.LPA, and will pay Consultant directly for properly submitted and approved invoices using
both LPA and Federal funds based on the applicable project federal cost participation
percentage. The following process shall apply whenever the LPA, the State or the
FHWA determines that certain costs, previously paid to Consultant, should not have
been paid with federal funds by the State to Consultant. Consultant shall immediately
repay the State the federal share of the previously paid amount and may invoice LPA for
the costs repaid to the State. LPA shall promptly pay the full amount of the invoice from
its own funds unless LPA, in good faith, disputes whether the Consultant is entitled to
the payment under the agreement or the amount of the invoice. In the event of a dispute
between LPA and Consultant, the dispute resolution process of Section 18 herein shall
be used by the parties.
F. Subconsultant Over -runs and Under -runs. The Consultant shall require any
subconsultant to notify Consultant if at any time the subconsultant determines that its
Project No. STP- DPS- 3854(j) EXHIBIT "B"
Control No. 22508 Sheet 1 of-7
Blair Bypass T
Template T AGRS 1 F Revised 4'843
costs will exceed its negotiated fee estimate. The Consultant shall not allow any
subconsultant to exceed its negotiated fee estimate without prior written approval of the
LPA. The Consultant understands that the amount of any subconsultant cost under -run
will be subtracted from the total compensation to be paid to Consultant under this
agreement, unless prior written approval is obtained from the LPA and, when applicable,
FHWA.
G. Out of Scope Services and Consultant Work Orders. The LPA may request that
Consultant provide services that, in the opinion of Consultant, are in addition to or
different from those set out in the Scope of Services. When the LPA decides that these
services require an adjustment in costs, the Consultant shall: (a) describe the proposed
services, (b) provide an explanation why Consultant believes that the proposed services
are not within the original scope of services and additional work effort is therefore
required, and (c) estimate the cost to complete the services. Consultant must receive
written approval from the LPA before proceeding with the out -of -scope services. Before
written approval will be given by the LPA, the LPA must determine that the situation
meets the following criteria:
® That the additional work is beyond the scope of services initially negotiated with
Consultant; and
® That the proposed services are within the scope of the Request for Proposal under
which Consultant was selected and contract entered into; and
® That it is in the best interest of the LPA that the services be performed under this
agreement.
Once the need for a modification has been established, a supplemental agreement will
be prepared.
If the additional work requires the Consultant to incur costs prior to execution of a
supplemental agreement, the LPA shall use the process set out below:
• The Consultant Work Order (CWO) — DR Form 250 shall be used to describe and
provide necessary justification for the additional the scope of services, effort, the
deliverables, modification of schedule, and to document the cost of additional
services. The CWO form is available on the Department of Roads website at
www.roads.nebraska. qov- aff /Ipa- quide- man.htmI##forms4 The CWO must be
executed to provide authorization for the additional work and to specify when that
Project No. STP -DPS= 3854(1) EXHIBIT
Control No. 22508 Sheet 2 of 7
Blair Bypass
Template T AGRS 1 F_Rev�sed 444 3
work may begin. This agreement will be- supplemented after one or more CWOs
have been authorized and approved for funding.
H. Payments. Payment for work under this agreement will be made based on actual costs
plus a fixed fee for profit. 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 shall be the
employee's straight time hourly rate for the pay period in which the work was
performed.
For salaried employees, the hourly earnings rate shall be their actual hourly rate
as recorded in the Consultant's accounting books of record.
(b) Time reports The hours charged to the project must be supported by adequate
time distribution records that clearly indicate the distribution of hours to all
projects /activities on a daily basis for the entire pay period. Time reports must
provide a clear identifying link to the projects: such as project description, project
number, pertinent work phase, dates of service, and the individual's name and
position. There must be an adequate system of internal controls in place to
ensure that time charges are correct and have the appropriate supervisory
approval.
(2) Direct Non -Labor Costs: These costs include all necessary, actual, and allowable
costs related to completing the work under the agreement, including but not limited
to: meals, lodging, mileage, subject to the limitations outlined below; communication
costs; reproduction and printing costs; special equipment and materials required for
the project; special insurance premiums if required solely for this agreement; and
such other allowable, items.
A non -labor cost -charged as a direct cost cannot be included in the Consultant's
overhead rate. If for reasons of practicality, the consultant is treating a direct non -
labor cost category, in its entirety, as an overhead cost, then costs from that category
are not eligible to be billed to this project as a direct expense.
Consultant shall submit to the LPA an invoice or billing itemizing all direct non -labor
costs claimed for work under this agreement, and all supporting receipts or invoices.
The State, on b of the LPA, will pay the Consultant for all necessary, allowable,
Project No. STROP EXHIBIT °B"
Control No 22508 Sheet 3 of - '7
Blair Bypass
Template T AGRS 1 F Revissd 4 8 -13
eligible and properly documented direct non -labor costs related to the work under
this agreement.
The following expenses will be reimbursed at actual costs, not to exceed the rates as
shown below.
(a) The reimbursement for mileage associated with the use of company owned
vehicles shall be the prevailing standard rate as established by the Internal
Revenue Service (IRS) through its Revenue Procedures. Reimbursement for
mileage associated with the use of a privately owned vehicle (POV), is limited to
the lesser of.
1) The - mileage rate which the consultant reimbursed to the person who
submitted the claim for POV use, or
2) The prevailing standard rate as established by the IRS.
(b) Automobile Rentals and Air Fares will be actual reasonable cost and if discounts
are applicable the Consultant shall give the LPA the benefit of all discounts.
(c) The reimbursement for meal and lodging rates shall be limited to the prevailing
standard rate as indicated in the current website address for U.S. General
Services Administration's (GSA) rates which is indicated below:
http: / /www.gsa.gov /portal /category /100120
1) For the Consultant and its employees to be eligible for the meal allowance,
the following criteria must be met.
Breakfast:
a) Employee is required to depart at or before 6:30 a.m., or
b) Employee is on overnight travel.
Lunch:
a) Employee must be on overnight travel. No reimbursement for same
day travel.
b) Employee is required to leave for overnight travel at or before 11:00
a.m., or
c) Employee returns from overnight travel at or after 2:00 p.m.
Dinner:
a) Employee returns from overnight travel or work location at or after
7:00 p.m., or
b) Employee is on overnight travel.
Meals are not eligible for reimbursement if the employee eats within 20 miles
of the headquarters town of the employee.
The Consultant shall note the actual lodging and meal costs in a daily diary,
expense report, or on the individual's time report along with the time of
Project No. EXHIBIT
Control No 2250 Sheet 4 of 7
Blair, Bypass
Template T AGRS 1 FJRevised 48 -13
departure to the project and time of return to the headquarters town. The
total daily meal costs must not exceed the GSA rates set out above.
(3) Overhead Costs include indirect labor costs, indirect non -labor costs, and direct labor
additives that are allowable in accordance with 48 CFR 31. Overhead costs are to
be allocated to the project as a percentage of direct labor costs. 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 this agreement.
I. Fee for Profit (Actual Cost Plus Fixed Fee). The Fixed Fee for Profit was computed
upon the negotiated direct labor and overhead costs. The Fee for Profit is not allowable
upon direct non -labor costs. For monthly or progress invoices, the Fee for Profit is
calculated by multiplying the sum of the direct labor and overhead costs billed by the
negotiated Fee for Profit Rate of "12.85 % ". Upon completion of the work under this
agreement, the Consultant shall invoice the LPA any remaining Fixed Fee for Profit. If
all of the work under this agreement is not completed for any reason, fixed fee for profit
will be adjusted based on the LPA's determination of the actual percentage of work
completed.
J. Invoices and Progress Reports. The Consultant shall,submit invoices to the LPA no
more frequently than at monthly intervals and in accordance with the "LPA
Reimbursement Procedures" which can be found on the State's website at:
http: / /www roads nebraska qov /qov- aff /lpa -guide -man html #policies4 The invoices must
present actual direct labor, actual overhead, actual direct non -labor costs, as well as the
Fee for Profit based upon the actual direct labor and overhead costs billed for that
period. The invoices must identify each employee by name and classification, 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.
For Subconsultant services, the invoice must include the same supporting
documentation.. Each monthly invoice must include a completed "Cost Breakdown
Form" (see State's webpage at http: / /www.roads.nebraska.gov /qov- aff /lpa- quide-
man.html and must be substantiated by a progress report which is to include /address,
as a minimum:
1. A description of the work completed for that period
2. A des cription o the work anticipated for the next pay period
Project No. STP= DPS- 3854(1] EXHIBIT "B"
Control No. 22508 Sheet 5 of __7
Blair - Bypass
Template T -AGRS Revisetl 4 8-
3. Information needed from the LPA
4. Percent of work completed to date
Consultant shall submit a progress report monthly even if Consultant does not submit a
monthly invoice.
K. Progress Payments. Payments will not be made unless the monthly progress reports
provide adequate substantiation for the work and the LPA and the State determine that
the work has been properly completed. The State, on behalf of the LPA, will make a
reasonable effort to pay the Consultant within 30 days of receipt of the Consultant
invoices.
L. Final Invoice and Payment. Upon completion of the Work under this agreement, the
Consultant shall submit their final invoice to the State identifying it as the final invoice.
The Consultant shall review the overhead costs billed to -date to determine if the
overhead rates used on the progress billings match the actual allowable rate applicable
to the time period that the labor was incurred. If cost adjustments are necessary, they
should be reflected on the final invoice. If a particular year's actual overhead has not yet
been computed or approved by the State, the most recent years accepted rate should be
applied. Upon determination by the LPA and the State that the work was adequately
substantiated and completed in accordance with this agreement, payment will be made
in the amount of the approved final invoice. The acceptance by the Consultant of the
final payment will constitute and operate as a release to the LPA and the State for all
claims and liability to the Consultant, its representatives, and assigns, for any and all
things done, furnished, or relating to the services rendered by or in connection with this
agreement or any part thereof.
L. Agreement Close -Out. After the Consultant submits their final invoice, the Consultant
must complete and submit DR Form 39a — Notification of Completion Pre - letting
Consultant Professional Services. The form must be submitted electronically in
accordance with the instructions on the form. DR Form 39a is available on the
Department of Roads website at hftp://www.roads.nebraska.gov/gov-aff/lpa-guide-,
rnan.htrnI#forrns4
N. Audit and Final Cost Adjustment. Upon acceptance by the LPA and the State, the
State, or its authorized representative, may complete an audit review of the payments
made under this agreement. The Parties understand that the audit may require an
adjustment of the payments made under this agreement. The Consultant agrees to
Project No. STS= .DPS_3854(1 EXHIBIT
Control No. 2250 Sheet 6 of 7
Blair Bypass v _
Template T AGR$ 1t= Revised 4 8;13
EXHIBIT Vi 11
INSURANCE REQUIREMENTS FOR
7ROFESSIONAL SERVICE .. • D -
LPA PROJECTS
Consultant agrees to:
(1) Make a detailed review of its existing insurance coverage,
(2) Compare that coverage to the expected scope of the work under this contract,
(3) Obtain the insurance coverage that it deems necessary to fully protect
Consultant from loss associated with the work. Also, Consultant shall have at a
minimum the insurance described below:
General Liability —
Limits of at least:
$ 1,000,000 Per Occurrence
$ 2,000,000 General Aggregate
$ 2,000,000 Completed Operations Aggregate if applicable)
$ 1,000,000 Personal /Advertising Injury
• Consultant shall be responsible for the payment of any deductibles.
• Coverage shall be provided by a standard form Commercial General Liability Policy
covering bodily injury, property damage including loss of use, and personal injury.
• General Aggregate to apply on a Per Project Basis.
• The LPA shall be named as Additional Insured on a primary and non - contributory basis
including completed operations (the completed work/product) for three (3) years after the
work/product is complete.
• Consultant agrees to waive its rights of recovery against the LPA. Waiver of Subrogation
in favor of the LPA shall be added to, or included in, the policy.
• Contractual liability coverage shall be on a broad form basis and shall not be amended
by any limiting endorsements.
• If work is being done near a railroad track, the 50' railroad right of way exclusion must be
deleted.
• In the event that this contract provides for consultant to construct, reconstruct or produce
a completed product, products and completed operations coverage in the amount
provided above shall be maintained for the duration of the work, and shall be further
maintained for a minimum period of five years after final acceptance and payment.
Project No. STP -DPU- 3854(1)
Control No. 22508
EXHIBIT "C"
Sheet 1 of 3
T -AGRS 13A revised 4 -11 -11
• Consultant agrees to waive its rights of recovery against the LPA. Waiver of subrogation
in favor of the LPA shall be provided.
Additional Requirements —
• Any insurance policy shall be written by a reputable insurance company acceptable to
the LPA or with a current Best's Insurance Guide Rating of A — and Class VII or better,
and authorized to do business in Nebraska.
• Evidence of such insurance coverage in effect shall be provided to the LPA in the form
of an Accord certificate of insurance executed by a licensed representative of the
participating insurer(s).
• For so long as insurance coverage is required under this agreement, the Consultant
shall have a duty to notify the LPA and the State of Nebraska Department of Roads
(State) when the Consultant knows, or has reason to believe, that any insurance
coverage required under this agreement will lapse, or may be canceled or terminated.
The Consultant must forward any pertinent notice of cancelation or termination to the
LPA and to the State by mail (return receipt requested), hand - delivery or facsimile
transmission within 2 business days of receipt by Consultant of any such notice from an
insurance carrier. Copies of notices received by the Consultant shall be sent to the LPA,
in care of the LPA's Responsible Charge and to the State at the following address:
Nebraska Department of Roads
Construction Division — Insurance Section
1500 Highway 2, P. O. Box 94759
Lincoln, NE 68509 -4759
Facsimile No. 402 - 479 -4854
• Failure of the owner or any other party to review, approve, and /or reject a certificate of
insurance in whole or in part does not waive the requirements of this agreement.
• The Limits of Coverage's set forth in this document are suggested minimum limits of
coverage. The suggested limits of coverage shall not be construed to be a limitation of
the liability on the part of the consultant or any of its subconsultants /tier subconsultants.
The carrying of insurance described shall in no way be interpreted as relieving the
consultant, subconsultant, or tier subconsultant of any responsibility of liability under the
contract.
• If there is a discrepancy of coverage between this document and any other insurance
specification for this project, the greater limit or coverage requirement shall prevail.
Project No. STP -DPU- 3854(1)
Control No. 22508
EXHIBIT "C"
Sheet 3 of 3
T -AGRS 13A revised 4 -11 -11