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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 Project No. STP - DPS - 3854(1) Page 1 of 14 Control No. 22508 Agreement No. BK1523 Blair South Bypass TemplateT -AGR -1 Revised 3 -31 -14 "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 Project No. STP- DPS- 3854(1) Page 2 of 14 Control No. 22508 Agreement No. BK1523 Blair South Bypass Template T -AGR -1 Revised 3 -31 -14 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. Project No. STP -DPS- 3854(1) Page 3 of 14 Control No. 22508 Agreement No. BK1523 Blair South Bypass Template T -AGR -1 Revised 3 -31 -14 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. Project No. STP -DPS- 3854(1) Page 4 of 14 Control No. 22508 Agreement No. BK1523 Blair South Bypass Template T -AGR -1 Revised 3 -31 -14 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 Project No. STP -DPS- 3854(1) Page 5 of 14 Control No. 22508 Agreement No. BK1523 Blair South Bypass Template T -AGR -1 Revised 3 -31 -14 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 Project No. STP -DPS- 3854(1) Page 6 of 14 Control No. 22508 Agreement No. BK1523 Blair South Bypass Template T -AGR -1 Revised 3 -31 -14 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. Project No. STP- DPS- 3854(1) Page 7 of 14 Control No. 22508 Agreement No. BK1523 Blair South Bypass Template T -AGR -1 Revised 3 -31 -14 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. Project No. STP -DPS- 3854(1) Page 8 of 14 Control No. 22508 Agreement No. BK1523 Blair South Bypass Template T -AGR -1 Revised 3 -31 -14 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 Project No. STP -DPS- 3854(1) Page 9 of 14 Control No. 22508 Agreement No. BK1523 Blair South Bypass Template T -AGR -1 Revised 3 -31 -14 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 zao ¥«m■c=> 0 0 <3 > > = m= omrrn=£ §7ED)7 \ \qf2 R*�� -U > § \\ >M --1 ¥ -4/ $§ r- co § emm> %29°°§ mw g§z ?nc I3\ ® Rq/ EE $o §� �kj OM � E§ \ k <> m 3 2q\ o = 3 >� q $ rc o m ¢ƒ> 7 § °gy m > cn < / > \ E 0 0 m $ 0 0 2 k 0 _ \ m ) ;® \/ em rn § § k k § k ) k § M § k 2 § § e k ) k F3 ` 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 0 u 1 4 0 a } o a 9 a I a 1 4 1 'aigemo ;ua aq 11e4s suo!slnoJd Buiu!ewaJ ay; pus uaJouls aq He4s 11 'aigeawaijueun aq o; punoi eq prno4s suon!puo0 Isiouse asatl ;o suolslAwd atil ;o Aug ISM Wang 843 ul :31f3V BMS SNOISIA011d'41, •AIJed Jatno ay; ;o wasuoa uewm Joud stn InoU11M 109Jlu03 SILO u! simalui Jo Japun sf46u Aug u6 Jo JelsueJl Aetu loo4uoo sly; J9pun 4ed JatHeN '.LN3WNSISSV *VI •sea!AJas S,01 BUIPJe681;uawnaop OXII Jo 'paaooJd of sopou 'uonlsrnbei 'Japio eseywnd 'poJluoo gesodoJd Aue ui paule;uoa o6en6uei AJOprpeJlucto JO lua;sisuoau! 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Palels safeuJpsa Isoo AW •sapeJ a!npa4oS Bad 841 IS sa WOS asoy; Jo; ;u91p 84J O0IOAUI IIe4s pue 1084 a4p u! paquosep sames 911 UUOPW Heys (01 se Of pama;eJ Ja4eaje4 'spuellnsuoogns pus seaAo!dwe 'sJo)m1p 'sisaMo sH 6u!pnloul) •oul 'goaloe0 919141 : )jOdOM d0 3d00S . 6 SNOIAGN00 °IV�GNM iesodoid uot;etofdxg Ieoiugoa ;oaE) 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