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2015-25RES OLUTION 1 0 SIGNING OF A PR OFESSIONAL 1 1 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 a accordance to the funding of the Federal -aid project; Whereas: City of Blair and JEO Consulting Group, Inc wish to enter into a Professional Construction Engineering Services Agreement to provide construction 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 construction engineering services agreement between the City of Blair and JEO Consulting Group Inc. NDOR Project Number: NDOR Control Number: Project Location: ENH- 89(30) 22549 Blair Connector Trail COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER HALL. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, WILLIS, WOLLF, JENSEN AND HALL VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11TH DAY OF AUGUST, 2015. CITY OF BLAIR, NEBRASKA B� r- (k N S E. REALPH, MA IM ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 11th day of August, 2015. BRENDA R. WHEELER, CITY CL RK 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 a accordance to the funding of the Federal -aid proj ect; Whereas: City of Blair and JEO Consulting Group, Inc wish to enter into a Professional Construction Engineering Services Agreement to provide construction 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 construction engineering services agreement between the City of Blair and JEO Consulting Group Inc. NDOR Project Number: ENH- 89(30) NDOR Control Number: 22549 Project Location: Blair Connector Trail COUNCIL MEMBER MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER , . UPON ROLL CALL, COUNCIL MEMBERS VOING "AYE" AND COUNCIL MEMBERS VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11TH DAY OF AUGUST, 2015. CITY OF BLAIR, NEBRASKA IM JAMES E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) PR OFESSIONAL SE RVICES, CONSULTANT LPA PROJECTS CONSTRUCTION ENGINEERING SERVICES CITY OF BLAIR JEO CONSULTING GROUP, INC. PROJECT NO. ENH- 89(30) CONTROL NO. 22549 BLAIR CONNECTOR TRAILS THIS AGREEMENT, made and entered into by and between the City of Blair Nebraska hereinafter referred to as the "LPA ", and JEO Consulting Group, Inc., hereinafter referred to as the "Consultant ", and collectively referred to as the "Parties." WITNESSETH: WHEREAS, LPA has completed or is in the process of completing plans, special provisions, and standard specifications for the letting and construction of a federal -aid transportation related construction project,,and . WHEREAS, the LPA's federal -aid project is designated as Project No. ENH- 89(30), and WHEREAS, the project identified above is solely the responsibility of the LPA; the State's involvement in this project is for the sole purpose of acting as the representative of the Federal Highway Administration (FHWA) for eligibility of the project for federal funding, and WHEREAS, the LPA used a qualification based selection process to select the Consultant to provide Construction Engineering services, hereinafter referred to as Services, 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, LPA and Consultant wish to enter into this agreement to specify the duties and obligations of the Parties for the Services described herein, and WHEREAS, Consultant is willing to perform 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 project related program requirements, so that Consultant's costs of Construction Engineering will be eligible for federal reimbursement, and WHEREAS, the LPA and Consultant intend that these Services be completed in accordance with the 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 Project No. ENH- 89(30) Page 1 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T AGR -2 Revised 10 -10 -13 WHEREAS, Consultants primary contact person for LPA will be LPG'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 State has let or will let a construction contract for the project on behalf of the LPA, and WHEREAS, the Consultant is required to use the State provided construction recordkeeping system (Trans•Port SiteManager), for the Services provided under this agreement. 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 shall have the following meaning: "LPA" for this agreement LPA means City of Blair (city or county). In this agreement, LPA may also be used to refer to all Local Public Agencies, collectively. 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. "CONSULTANT" means the firm of JEO Consulting Group, Inc. and any employees thereof,.whose business and mailing address is 142 W 11 Street, Wahoo, Nebraska, 68066. "SUBCONSULTANT /SUBCONTRACTOR" means the firm of Thiele Geotech and any employees thereof, whose business and mailing address is 13478 Chandler Road, Omaha, Nebraska, 68138 -3716: "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.dor. state. ne. us /gov- aff /Ipa/Ipa- cuideIines.pdf "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. "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 Project No. ENH- 89(30) Page 2 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T AGR -2 Revised 10 -10 -13 subrecipient 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. "FHWA" means the Federal Highway Administration, United States Department of Transportation, Washington, D.C. 20590, acting through its authorized representatives. "DOT" means the United States Department of Transportation, Washington, D.C. 20590, acting through its authorized representatives. "STATE REPRESENTATIVE" means an employee of the State assigned by the State to determine whether the LPA's project meets the eligibility requirements for federal funding and to provide technical assistance when requested by the LPA, in LPAs efforts to comply with the requirements for Federal -aid funded local projects. To "ABANDON" the agreement means that the LPA has determined that conditions or intentions as originally existed have changed and that the agreement as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To "SUSPEND" the work means that the LPA has determined that progress is not sufficient, or that the conditions or intentions as originally existed have changed, or the work completed or submitted is unsatisfactory, and that the work as contemplated herein should be stopped on a temporary basis. This cessation will prevail until the LPA determines to abandon or terminate the work or to reinstate it under the conditions as defined in this agreement. To "TERMINATE" or the "TERMINATION" of this agreement is the.cessation or quitting of this agreement based upon action or failure of action on the part of the Consultant as defined herein and as determined by the LPA. SECTION 2. THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK SECTION 3. THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK SECTION 4. TERM OF THE AGREEMENT This agreement becomes effective on the date it is signed by the LPA 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 Consultant understands that the Services provided by Consultant must be completed in accordance with all federal -aid reimbursement requirements and conditions. Consultant agrees that the Scope of Services for this work will be in two parts. Part one of the Scope of Services is contained within the "General Scope of Services" set out below. Part two of the Scope of Services is set out on the document attached hereto as Exhibit "A ", which is hereby fully Project No. ENH- 89(30) Page 3 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 incorporated herein and made a part hereof by this reference. Exhibit "A" is the result of the following process: (1) LPA provided Consultant with a document describing the detailed proposed Scope of Services for this project. (2) Consultant made necessary and appropriate proposed additions, deletions, and revisions to LPA's detailed Scope of Services document. (3) 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 ". Consultant and LPA have agreed that Exhibit "A" sets out the Services reasonably necessary and the costs reasonably estimated for Consultant Services to adequately observe, monitor, inspect, measure, manage, document and report so that LPA's project is constructed by the contractor in compliance with the Construction Contract Documents (definition below), the Manuals (definition below), State and Federal law, rule or regulation and policy. The Consultant agrees to provide the services listed on Exhibit "A" for Project ENH- 89(30), Control No.22549, in Washington County, Nebraska. General Scope of Services: The Consultant services generally include, but are not limited to: project management; construction engineering; pre- construction staking; traffic control plans; conducting the preconstruction conference; construction staking: project inspection; materials sampling and testing during project construction; monitoring environmental commitments; preparing as -built plans; progress computations; final computations; preparing contractor change orders and work orders; and all project communications, including any necessary communication regarding federal- funding project eligibility questions, issues and concerns. The Consultant shall review and have a working knowledge of the project plans, special provisions, standard specifications [the Standard Specifications for Highway Construction of NDOR (Current Edition)], change orders and all other project related contract documents for the construction of LPA's Federal -Aid project. The project plans, special provisions, standard specifications, and other contract documents are hereby incorporated by reference into this agreement, as if they were fully set forth herein, and collectively, may be referred to as the Construction Contract Documents. Consultant shall assume the duties of "inspector," (also referred to in the NDOR Construction Manual as "Construction Technician "); "Project Manager;" and also "Engineer" (unless the context of use of the term "Engineer" would otherwise require), Project No. ENH- 89(30) Page 4 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 as those terms are defined and duties set out in the Standard Specifications for Highway Construction (2007 Edition). Consultant shall assume that it is responsible for all duties of the "Engineer" unless notified otherwise by RC on behalf of LPA. Additionally, Consultant shall review and have a working knowledge of the following authoritative guides and manuals related to highway construction, materials and federal aid reimbursement: (1) NDOR Construction Manual - Current Edition (2) Materials Sampling Guide (NDOR) (3) Standard Methods of Tests — 2006 (NDOR) (4) The LPA Manual (5) The Manual on Uniform Traffic Control Devices (6) AASHTO Standard Specifications for Transportation Materials and Methods of Sampling and Testing (7) The ASTM Standards (8) NDOR Final Review Manual These documents are hereby incorporated herein by reference as if fully set forth, and these documents, collectively, may be referred to as the Manuals. Unless required otherwise by the Construction Contract Documents, Consultant shall be responsible for timely completion of all applicable checklists, tests, samples, duties, requirements and provisions of the Manuals. The Manuals will be used to determine what, when, how, the sequence, and other details of the work that must be provided by Consultant, whenever Consultant's duties in these respects are not clearly set out in the Construction Contract Documents. Consultant shall employ a sufficient number of qualified employees on the project to adequately observe, monitor, inspect, measure, manage, document, report and carry out the other duties of this agreement, so that the project is constructed by the contractor in compliance with the Construction Contract Documents, the Manuals, State and Federal law, rule or regulation and policy. Consultant shall fulfill all contract duties of inspection, project management and construction engineering for the project in a timely manner and shall communicate regularly about the progress of the construction with the LPA, through the RC, and, when appropriate for federal funding or eligibility issues, the State representative. The Consultant is required to use TransePort SiteManager as the construction recordkeeping system for Services under this contract. Project No. ENH- 89(30) Page 5 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 The Consultant shall be present at the project site when appropriate for each applicable phase of construction to inspect, observe, monitor, measure, manage, document and report on the progress of the work or as otherwise specially agreed to by the LPA. The Parties understand that the Consultant is not responsible for the Contractor's means and methods of construction. To the extent the Construction Contract Documents and the Manuals specify sequencing of work, equipment requirements, or other construction methods, the Consultant shall keep the Owner's RC informed about the progress and quality of the portion of the work and shall advise the RC about observed or measured deficiencies in the work. Additional Requirements: A. The Consultant shall advise the LPA when it appears any Disadvantaged Business Enterprise (DBE) working on the project is in need of assistance. B. The Consultant shall make every effort to assist the Contractor or any Subcontractor in interpreting Project Plans, Special Provisions, Standard Specifications, other Construction Contract Documents, or the Manuals. C. The Consultant will be present at the project site or available at LPA's Offices beginning on the date specified in the LPA's notice to proceed to the contractor, unless project work has not begun at the site; or, with at least 24 hours notice, at any prior date (1) when contract work begins or when materials are delivered to the project that need to be tested, sampled or inspected to verify conformance to the requirements of the Construction Contract Documents. D. The Consultant will promptly review and approve or reject all construction work on the project, with the right, but not the duty, for the State and FHWA to review for compliance or funding eligibility. E. All reports of field tests performed by the Consultant will be submitted weekly to the State Representative (two copies). Consultant will take prompt and appropriate action to reject or cause Contractor to remedy the work or materials that do not conform to the contract documents. F. The Consultant shall comply with all Federal, State and local laws, rules or regulations, policies or procedures, and ordinances applicable to the work contemplated in this agreement. G. Project time delays attributed solely to the Contractor will constitute a basis for a request for an equivalent extension of time for the Consultant. The Parties Project No. ENH- 89(30) Page 6 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 understand that federal reimbursement of extra compensation must be approved in advance as described in the Fees and Payments Section of this agreement. H. The sampling and testing type, method and frequency must be completed by Consultant according to the current State of Nebraska Manuals, including the. Materials Sampling Guide and the State Standard Methods of Tests (www. d or. state. ne. us), and the Construction Contract Documents. For sampling or testing issues or situations that are not covered in the Construction Contract Documents or the Manuals, Consultant shall notify LPA, provide its advice and request that LPA decide what testing type, method or frequency should be applied for this project. Any test methods or procedures that are proposed to be used and are not covered by NDOR procedures must receive prior concurrence for use from NDOR and FHWA. SECTION 6. STAFFING PLAN 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 field services for the work 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 construction, 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 and the Master Agreement, with settlement to be made as provided in the SUSPENSION, ABANDONMENT, OR TERMINATION section of this agreement. 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 Project No. ENH- 89(30) Page 7 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 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: 1. The Consultant must complete the United States Citizenship Attestation form and attach it to this agreement. The form is available on the Department of Roads website at www. transportation .nebraska.aov /proidev/ #save 2. 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. 3. 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 The LPA will issue Consultant a written Notice -to- Proceed upon 1) full execution of this agreement, 2) LPA's determination that federal funding approval has been obtained for the project and 3) State's concurrence that the form of this agreement is acceptable for federal funding eligibility. Any work or 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 work under this agreement within 60 calendar days from the construction completion date stated on the DR Form 91 "Notification of Contract Project No. ENH- 89(30) Page 8 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 Completion ", and the work must be invoiced within 105 calendar days of the construction completion date. Any exception to this deadline will require prior approval from the State's Construction Division Project Coordinator. If justification is approved, a time extension will be granted. Any costs incurred by Consultant after the completion deadline will not be eligible for federal funding reimbursement. SECTION 9. FEES AND PAYMENTS The Consultant's fee proposal is set out on Exhibit "A". The general provisions concerning payment under this agreement are set out on the Exhibit "B ", attached hereto and made a part of this agreement. For performance of the services under the terms of this agreement, the Consultant will be paid a fixed- fee - for - profit of $10,645.44 and up to a maximum amount of $84,024.74 for actual costs in accordance with Exhibit "A ". The total agreement amount is $94,670.18. SECTION 10. PROFESSIONAL PERFORMANCE (LPA CE Agreement) 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 approval of the Consultant's work product which would relieve the Consultant from liability or expense that would be connected with the Consultant's sole responsibility for the propriety and integrity of the professional work to be accomplished by the Consultant pursuant to this agreement. 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 product 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's work product is necessary, the Consultant shall make such revisions without expense to the LPA. The Consultant shall respond to the notice of any errors, omissions or negligence within 24 hours and give immediate attention to necessary corrections. If the Consultant discovers errors, omissions, or negligence in its work, it shall notify the LPA within 24 hours. Failure of the Consultant to notify the LPA will constitute a breach of this Master Agreement. The Consultant's legal liability for all damages incurred by the LPA caused by error, omission, or Project No. ENH- 89(30) Page 9 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 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 this 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 case of suspension, abandonment, or termination for breach of this agreement, the LPA will have the power to suspend payments, pending the Consultant's compliance with the provisions of this agreement. For an 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. The ownership of all project plans and supporting documents completed or partially completed at the time of such termination or abandonment will be retained by the LPA and the Consultant shall immediately deliver all project plans and supporting documents to the LPA. 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 Project No. ENH- 89(30) Page 10 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 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 LPG'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. 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 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 or State. 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 or State 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 State or 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 11/4/11): "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 State of Nebraska [or 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." Project No. ENH- 89(30) Page 11 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 The Consultant agrees to obtain the written approval of the State or 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 State or 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 State or 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 State or the LPA for any liability that may ensue on the part of the State or 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 services in effect at the time of the work. Project No. ENH- 89(30) Page 12 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 SECTION 17. DISPUTES Any dispute concerning a question of fact in connection with the work will be addressed in accordance with LPA Manual Section 4.4.3.5 DISPUTE RESOLUTION. SECTION 18. RESPONSIBILITY FOR CLAIMS AND LIABILITY INSURANCE (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 contract Consultant has with a subconsultant, Consultant shall require that the insurance requirements outlined in Exhibit "C" must be met by the subconsultant. SECTION 19. PROFESSIONAL REGISTRATION (CE Agreements) To the extent the work requires engineering services, the Consultant shall affix and sign the seal of a registered professional engineer or architect licensed to practice in the State of Nebraska, on all applicable documents, plans, specifications, and reports 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. 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. Project No. ENH- 89(30) Page 13 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 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 sub agreements 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 A. Compliance with Regulations During the performance of this agreement, the Consultant, for itself and its assignees and successors in interest, agrees to comply with the regulations of the DOT relative to nondiscrimination in federally- assisted programs of the DOT (49 CFR 21 and 27, hereinafter referred to as the Regulations), which are hereby made a part of and included in this agreement by reference. B. Nondiscrimination The Consultant, with regard to the work performed by it after award and prior to completion of this agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of Subconsultants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the agreement covers a program set forth in Appendixes A, B, and C of 49 CFR 21. C. Solicitations for Subagreements, Including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subagreement, including procurements of materials or equipment, each potential Subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of race, color, sex, or national origin. Project No. ENH- 89(30) Page 14 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 D. Information and Reports The Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the LPA, State or FHWA to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall certify to the LPA, State or FHWA, as appropriate, and set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance In the event of the Consultant's noncompliance with the nondiscrimination provisions of this agreement, the 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. F. Incorporation of Provisions The Consultant shall include the provisions of paragraphs A through E of this section in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subagreement or procurement as the 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. SECTION 26. SUBLETTING, ASSIGNMENT, OR TRANSFER The Subconsultant/Subcontractor will provide material testing. 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 must contain similar provisions to those in this agreement. No Project No. ENH- 89(30) Page 15 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 right -of- action against the LPA will accrue to any Subconsultant/Subcontractor by reason of this agreement. 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: A. 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. B. 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: 1. 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 2. 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 3. 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). C. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Section C1 below contains 10 instructions that consultant agrees to follow in making the certifications contained in C2. 1. Instructions for Certification a. By signing this agreement, the Consultant is providing the certification set out below. b. 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 LPXs 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. c. 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 Project No. ENH- 89(30) Page 16 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 addition to other remedies available to the Federal government, the LPA may terminate this agreement for cause or default. d. The Consultant shall provide immediate written notice to the LPA if at anytime. the Consultant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. 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. f. 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. g. 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. h. 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 eligibility of its principals. i. 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. j. 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. 2. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions a. By signing this agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; ii. Have not within a three -year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a Project No. ENH- 89(30) Page 17 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 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; iii. 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 iv. Have not within a three -year period preceding this agreement had one or more public transactions (federal, state, or local) terminated for cause or default. b. Where the Consultant is unable to certify to any of the statements in this certification, such Consultant shall attach an explanation to this agreement. I acknowledge that this certification is to be furnished to the State and the FHWA in connection with this agreement involving participation of federal -aid highway funds and is subject to applicable, state and federal laws, both criminal and civil. 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. ENH- 89(30) Page 18 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 STATE OF NEBRASKA) .DOUGLAS COUNTY ) . )ss. Subscribed and sworn to before me this Z\ 11 day of 1 2015. GENERAL NOTARY - State of Nebraska MICHELLE V0E30RIL My Comm. Exp. Oct. 29, 2018 �— Notary Public EXECUTED by the City of Blair this _ day of A - U ,-q-VS 015. CITY OF BLAIR James Realph Ma Subscribed and sworn to before me this day of - (Ly-� 2015. Clerk STATE OF NEBRASKA DEPARTMENT OF ROADS Form of Agreement Approved for Federal Funding Eligibility Date AGR -2 Project No. ENH- 89(30) Page 19 of 19 Control No. 22549 Agreement No. BK1538 Blair Connector Trails Template T -AGR -2 Revised 10 -10 -13 1N-WtTNE8&-WflEREQF, the Parties hereby execute this agreement pursuant to - lawful authority as of the date signed by'aaoh patty, Further, the Pattles, Oy sIbnidg this agreement, attest and affirm the truth of each and everle 'cation and representation set -fiat herein. EXEOUT80 this by the Consultant day of : r�; A .: JEO.CONSULTNG GROUP, INC. Robed 13 riqhpM* Pt4sldent STATE OF NEBRASKA) D.OUGLAS COUNTY SUbsdribed and , to bef6re-me' this diEw, of 1X- ';2 f w 1 x 1� 2 In l4otary Public EXE�UTEUby-thk City of Blair this day'of LP" 2015. ;. CITY OF ELAIR James. Realph M yor Subscribed and sworn to before me this clay of 1 2011& 'Y Clerk: STATE OF NEBRASKA D E PA*RTME IlT'OF ROADS Fofrn of AgMemeht Approved for Federal Funding'Eligibility Date AGR-2 Project No. ENH-89(30) Page 19 of 1-9 Control No. 22549 Agreement No. 130538 Blair Connector Trails Template T-A r,7R-2 RWsed 10-10-13 Version: 29 February 2012 Exhibit "A" SCOPE OF SERVICES CONSTRUCTION ENGINEERING for Project Name: Blair Connector Trails Project Number: ENH -8930 Control Number: 22549 A. PROJECT DESCRIPTION This scope provides for construction engineering services for Blair Connector Trails in Blair (Washington County), Nebraska. The project consists of the following improvements: Constructing two separate segments of trail, one along Fairview Road between Marina Drive and Optimist Park and the other along Highway 75 between 22nd Street and 23rd Street. JEO Consulting Group, Inc. (Consultant) shall serve as agent for City of Blair (LPA), representing the LPA in all matters related to construction engineering services for this project. It shall be the responsibility of the Consultant to administer, monitor, and inspect construction such that the project is constructed in conformity with the plans, specifications, and special provisions. The Consultant shall inspect the Contractor's work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the LPA and Department, and direct the Contractor to correct such observed discrepancies. B. APPLICABLE PUBLICATIONS Work shall be done in accordance with the following materials as currently adopted at the time of letting: 1. AASHTO Standard Specifications for Transportation Materials and Methods of Sampling and Testing 2. The ASTM Standards 3. NDOR Materials Sampling Guide 4. NDOR Construction Manual 5. NDOR Standard Specifications for Highway Construction 6. Project Plans 7. Contract Special Provisions 8. Manual on Uniform Traffic Control Devices (MUTCD) and NDOR's supplement to the MUTCD. 9. NDOR Final Review Manual 10. NDOR Standard Method of Tests for Laboratory and Field C. LPA SHALL PROVIDE The LPA, on an as needed basis, will furnish the following documents for the project. 1. Project description 2. Electronic Construction Plan files including current aerial photographs with project alignment, existing and new rights -of way (ROW) and easements, and LOC, if available 3. Two copies of the Plans and Special Provisions 4. Roadside safety guidelines (Survey Crew Traffic Control Policy, see NDOR website) 5. Survey Field Books with control points and bench marks 6. NEPA Document These documents may be provided in either paper or electronic format. Project Number. ENH -89 30 Page 1 of 6 Control Number: 22549 Exhibit "A" Construction Engineering Services Version: 29 February 2012 Project Management and Coordination This task includes activities to initiate and monitor project schedules, workload assignments and internal cost controls throughout the project. Also included are efforts to prepare and process invoices and monthly progress reports; prepare project correspondence with the LPA and /or NDOR; maintain project records; and perform other duties of the Project Manager as defined in the NDOR Standard Specifications for Highway Construction. 1.1 Project Management activities shall include the following: • Project Management — Provide management of project including staffing, scheduling, invoicing, progress reports, and coordination with designer. • Prepare Change Orders and submit copies to the appropriate parties for approval and full execution. • Maintain detailed Project Records and keep them current: All records shall be available at the LPA's office. • Generate contractor's progress and final Estimates in Site Manager • Review Contractor's Construction Schedule • Coordinate with LPA and RC regarding all project activities. • Make entries of project data and diary information into Site Manager on a daily basis. Insure that inspectors and lab personnel are maintaining appropriate daily work reports and all material records. 2. Meetings. Project staff will meet with the LPA, the Contractor, and NDOR when requested by the State, and prepare minutes of the meeting. 2.1 Construction Inspection Planning Meeting - The LPA shall coordinate this meeting prior to start of construction to ensure roles and responsibilities are clear. Attendees should include the LPA RC, construction inspection personnel and NDOR State Representative. 2.2 Pre - Construction Meeting — Consultant shall prepare the agenda, attend, and distribute meeting notes. 2.3 Construction Progress Meetings — Consultant shall prepare the agenda, attend, and conduct periodic progress meetings with the LPA and /or NDOR personnel, contractor, sub - contractors, utility personnel, and other agencies affected by the project. FHWA shall be included for full Federal oversight projects. There will be approximately 5 meetings. 2.4 Assume 1 trips to the project site for meetings. 3. Traffic Control Plan. Consultant shall prepare a traffic control plan for the project site. These plan sheet(s) are to be signed by a Professional Engineer licensed in the State of Nebraska. Traffic Control plans shall be reviewed by the State Representative prior to placing in service (Owner will use checklist 12 -72 to audit and document the Consultant's completion of this activity). Once the plans are completed, they are to be submitted to the Person of Responsible Charge (RC). 3.1 Prepare Traffic Control Plan in accordance to NDOR Standard Plans, MUTCD and the NDOR Supplement to the MUTCD. Sign and seal plans. 3.2 Submit Plans to the RC for their records. 4. SWPPP Inspections /Manual Updates Consultant shall conduct inspections bi- weekly and after every %2" or greater rain event according to permit regulations. The Stormwater Pollution Prevention Plan (SWPPP) Manual shall be updated according to NDOR and /or LPA requirements. 4.1 Conduct 8 Inspections 4.2 Update SWPPP Manual and Temporary Erosion Control Plan 4.3 Assume 4 trips to the project site for SWPP Inspections. 5. Construction Survey /Staking. The following tasks are required if the Consultant is providing Construction Surveying and Staking. This work shall be done in accordance with the NDOR Construction Manual. 5.1 Provide coordination of staking needs with Contractor. Project Number ENH-89(30) Page 2 of 6 Control Number. • 22549 Exhibit °A" Construction Engineering Services Version: 29 February 2012 5.2 Consultant shall verify and re- establish if necessary the survey control used during the preliminary engineering. 5.3 Stake limits of construction throughout project. 5.4 Mark removals including pavement removal limits. Stake right -of -way and construction easements. 5.5 Provide slope stakes for grading. Every 50 feet. 5.6 Provide paving hubs. One side at-25 foot spacing 5.7 Provide cross - section for new culverts before providing a Culvert Order List to Contractor. For structures storm sewer and pipe culverts, the consultant will provide grade stakes. 5.8 Stake fence relocation and guardrail. 5.9 Stake silt fence. 5.10 Verify existing tie -in elevations and locations and adjust new pavement grades to meet existing pavement. 5.11 Assume 8 trips to the project site for construction survey /staking. All items will be staked one time. Except for re- staking required for staking done incorrectly, re- staking will be considered out -of- scope. Consultant will invoice the LPA for the re- staking. If re- staking is required because of the activities of the Contractor, the fee for re- staking will be withheld from Contractor payment. 6. Construction Consultation /Site Manager & Daily Work Report (DWR) Consultant shall contact RC /Designer as needed to obtain plan clarifications /interpretations. Maintain and review project materials and promptly enter information into Site Manager. • This work is included. in the Construction Inspection Hours. 7. Girder Shim Surveying Not Applicable 8. Perform Bearing Calculations Not Applicable 9. Construction Inspection Consultant shall perform material sampling and testing and complete inspection work and project management in accordance with the references list in Section B of this Exhibit. Consultant shall assume the duties of "Inspector, (also referred to in the NDOR Construction Manual as "Construction Technician "), "Project Manager", and also "Engineer" (unless the context of use of the term "Engineer" would otherwise require), as those terms are defined and duties set out in the Standard Specifications for Highway Construction. Consultant shall assume that it is responsible for all duties of the "Engineer" unless notified otherwise by RC on behalf of LPA. 9.1 Construction Inspection: Duties for construction inspection will include, but are not limited to, the following items: • Conduct wage rate interviews and review payrolls for correctness and Davis -Bacon Wage Rate compliance • Verify that the performance of the work is in conformance with the plans, specifications, and special provisions. • Conduct reviews for compliance with Disadvantaged Business Enterprise (DBE) commitments • The Consultant is required to create checklists to document assessment and compliance with all environmental commitments for the project. An Environmental Compliance Inspection Audit will be conducted by NDOR personnel. (NDOR will use checklist 12 -20 to document the audit of the Consultant.) The environmental check list is to monitor and document construction activities for compliance with NEPA (Environmental Review Checklist, Section 404, NPDES, SWPPP, Threatened and Endangered Species, etc.) • NDOR will provide the Initial Threatened and Endangered Species surveys required as outlined in the conservation conditions; and follow up survey training for the Consultant's environmental inspection personnel. Follow -up surveys as may be required will be the responsibility of the Consultant. Any required surveys for compliance with the Migratory Bird Treaty Act will also be the responsibility of the Consultant. NDOR will not conduct these surveys. Project Number. ENH -89 30 Page 3 of 6 Control Number. • 22549 Exhibit W Construction Engineering Services Version: 29 February 2012 • The Consultant will provide NDOR 30 days advance notice of the need for the initial T &E surveys so that NDOR personnel can be scheduled to perform this work. • Review work zone traffic control devices daily and, at a minimum weekly interval, conduct a nighttime drive through review of temporary traffic control devices (per ATSSA Quality Standards for Work Zone Traffic Control Devices). Perform reflectivity check (DR form 481) of temporary devises at the start of construction activities and at six (6) month intervals or as conditions warrant. • Collect, sign /date, and file all delivery tickets and material certifications. All required material certifications shall be submitted to NDOR Materials & Research Division accompanied by a completed DR -12 sample ID form or Site Manager Sample Record ID. • Consultant shall forward shop drawings to the JEO design engineer. The design engineer shall review the shop drawings and forward copies as directed. • Draft and review change order or time extension request including explanation of the issue and resolution and the justification for accepted prices and forward to RC. Once reviewed by NDOR and FHWA, proceed with the approval process. Forward a signed hardcopy to NDOR for further processing. • Communicate and coordinate plan revisions and change orders with the JEO Designer. • Prepare a field checked culvert order list • Generate periodic progress estimates using SiteManager and forward to RC for further approval. • Review critical path schedule prepared by the Contractor for appropriateness and Current Controlling Operation (CCO) designation. • Locate permanent pavement markings 9.2 Measure, calculate, and document quantities of pay items 9.3 Keep all records and data up -to -date so that all necessary information appears on the Weekly Report of Working Days when they are generated at mid -week. • Review and Enter Data into SiteManager • Maintain Project Field Diaries, Files and Record data in SiteManager • Document and Review Daily Work Reports (DWRs) 9.4 Assume 50 trips to the site for construction inspection 10. Perform Material Sampling and Testing The Consultant shall perform material testing as required in accordance with the references list in Section B of this Exhibit. All testing and sampling personnel shall be certified to perform these duties in accordance with the NDOR Materials Sampling Guide section 28. All non -NDOR Laboratories shall be pre - qualified by NDOR's Materials and Research Division to conduct the testing they are contracted to perform. NDOR SHALL PROVIDE: Typical testing done by NDOR Materials and Research's Central lab (sampling and delivery for these materials is done by Consultant and submitted to NDOR): All Aggregate • Quality and Soundness acceptance testing Gradation verification testing PG Binders & Emulsions • All required acceptance testing All Steel Products • All testing required for heat number pre - approval and acceptance testing Chemical Lab • All required source pre - approval and acceptance testing Project Number: ENH -89 30 Page 4 of 6 Control Number. • 22549 Exhibit W Construction Engineering Services Version: 29 February 2012 Smoothness • NDOR will run all 10% verification testing for projects with Smoothness • Specifications for pavement. NDOR will perform bridge smoothness testing on bridges receiving pavement on either side of the bridge CONSULTANT SH PROVIDE: (Last of tests tp_ be provided by NDOR) 10.1 Collect, verify, document and deliver all samples to testing lab 10.2 Collect, verify, document and deliver a copy of all required material certifications to the NDOR Materials and Research Central Lab. 10.3 Review and document test results of all samples and coordinate with owner for acceptance and incorporation into the project. 10.4 Assume 17 trips to the project site for Material Sampling and Testing. 11. As -Built Drawings Prepare As -built drawings according to the LPA manual and the current directions from the NDOR Final Review Section. 11.1 As -Built Drawings 12. Final Inspections. Consultant shall prepare a punch list of items for the project site and conduct a final project walk- through inspection with the LPA RC and NDOR State Representative to verify that corrective work identified on the punch list has been completed. 12.1 Walkthrough of Site and Preparation of Punch List 12.2 Review Project to verify that Punch List work has been completed (Owner wijl use LPA Manual checklist 12 -75 to audit and document the Consultant's completion of this activity) 13. Proiect Closeout. Assist RC with compiling project construction records as requested. Assemble and transmit Final Construction Records to LPA RC in paper format (printed single sided), including: 13.1 Project Closeout activities shall include the following: • Project Manager's Final Estimate • Copy of Consultant PM's (representing LPA) Concurrence/Non- Concurrence Letter w/ Certified Mail Receipt Enclosed. • Copy of Contractor's signed Concurrence /Non- Concurrence Letter • Memo of Major Item Review • Memo of Time Allowance Review (Required only if the Contractor has overrun on the Contract Time Allowance.) • Borrow Site Memo • City Agreement Letter . • Project Completion Memo - The Consultant's PM should perform this in an e -mail to the NDOR Rep with the required information — check with the NDOR Rep for this. The Consultant should ensure that the LPA RC sends a letter of Tentative Acceptance (per NDOR format) to the Contractor — send copies to the NDOR Rep. • Sign Deduction Memo (If required) • Material Review Memo • SiteManager PM Diary Report • SiteManager Contract Item Report for all Contract Items • All NDOR Spreadsheets and Workbooks used for Contract Item supportive documentation. • Project Culvert Field Book with information per the NDOR Construction Manual • Signed and stamped As Built Plans (full size) • Copy of Evaluation(s) of Contractor • LPA CE Project Closeout Checklist (LPA Manual Checklist 14 -10) • Deliver Final Construction. Records to LPA RC, including Form DR -299 - Project Construction Conformity Certification and ensure that the LPA RC completes the LPA RC Project Closeout Checklist (LPA Manual checklist 14 -20 and includes it in the Final Records provided to the NDOR State Representative for review) Project Number. ENH -89 30 Page 5 of 6 Control Number. 22549 Exhibit W Construction Engineering Services Version: 29 February 2092 Notice to Proceed: August 24, 2015 The Consultant shall provide a schedule of activities and deliverables upon award Project Number. ENN -89 30 Page 6 of 6 Control Number. • 22549 Exhibit °A° Construction Engineering Services Project Name: Blair Connector Trails Project Number. ENH- 89(30) Control Number. 22649 Location (City, County). Blair (Washington County) Finn Name: JEO Consulting Group, Inc. Consultant Project Manager. Julie Ogden PhonalEmail: 402.443.7483; logden@Meo.com L.PA Responsible Charge: Allen Schoemaker PhonelEmail: 402.426.4191; ars@ci.blair.ne.us NDOR Project Coordinator. Greg Wood Phonallimali: 402.479.3831; greg.wood(Hnebraska.gov Date: July 16, 2015 Codi -" ClassNkaUortTitle ' Hours 8lendedRate , LL ; Artioufit PR Print Engineer $34.94 20% PM Project Manager 106 $41.85 44,438.i() ENG Engineer 13 S29A8 - 1383.24 DES Deei ner /CADD Technician 11 $24.31 5267.41 SCC Survey Crew Chief ' 75 $27.33 32,049.75 SCM Survey Crew Member 66 $19.68 31298.88 INSP2 Inspector2 511 $29.48 _515064.28 INSP 1 Inspector 1 91 $26.99 S 456.09 ADM Administrative 3 $20.96 $62.88 ES Enviro. Scientist 12 $23.69 $284.28 20% Blended Rate: TOTALS 888 ;28,302.81 Overhead Rate': 198.69% Fee for Profit Rate*: 13.55% 'Enterfirms most recent Audited Overhead Rate, and Fee for Pmfit Rate calculated 6om the NDOR Fixed Fee Worksheat (available on the 14DOR website). CLASSIFICATIONS`": PR = Principal SCC = Survey Crew Chief ADM = Administrative PM = Project Manager SCM = Survey Crew Member ES = Enviro. Scientist ENG = Engineer INSP2 = Inspector2 UDZ fJsxDafutad2 DES = DesignedCADD Technician INSP 1 = Inspector 1 For User - Defined Classifications, you will need to edd the Classifications Legend located above. To enter anew classification, replace 'UD7' with its abbraviatbri (ex. GRA) and replace 'User Defined 1' with the corresponding We (ex. Graphic Artist). Once the user - definitions are added, they will self - populate in the Labor Costs Table, as well as the remaining sheets. Blended Rates Table I Julie Ogden Project Manager $41.85 100% Blended Rate: 541.85 Nick Turner Engineer $28.12 80% Scott Cowles Engineer $34.94 20% Blended Rate $29.48 DesignerlCADD Technician Inspector 1 Jim O'Gorman Engineering Tech $23.62 50% Ryan 07oola Engineering Tech $25.00 50% $34.30 10% Brant Cleclor Blended Rate: 524.31 Survey Craw Chief Matt Fouls Surveyor S27.69 70% Josh Borchers Surveyor $29.04 10% Marvin Svobcda Surveyor $25.21 20% Blended Rate: $27.33 Survey Crew Member Kenny Taft Survey Tech $20.35 70% Joey Gregg Survey Tech $19.20 15% Nick Frey Survey Tech $17.00 15% Nick Turner Engineer $28.12 80% Scott Cowles Engineer $34.94 20% Blended Rate: 529.48 Inspector 1 Jake Vasa Engineer $36.35 10% Kevin Simons Engineer $34.30 10% Brant Cleclor EIT $24.90 80% - - Evelyn Jansa Am ►nistratnre Assistant $20.96 100% I Michelle McPheron Biologist $24.41 60% Robert Hibbits Biologist $22.62 40% I Blended Rata• • -- -- .,... ..,., w wy , ur ,"n,. wou -mar nr uny Gurwruaaonz inar employee noms. s Total of •%Assigned'must equal 100% breach personnel classihcatbn category, /tone person M dass/f edon, list them as 100% for *% Assigned' Consultants Independent Cost Estimate for CE Services Staffing Plan EXHIBIT " Panes 1 of A Project Name: Blair Connector Trails Project Number. ENH- 89(30) Control Number 22549 Location (City, County): Blair (Washington County) Firm Name: JEO Consulting Group, Inc. Consultant Project Manager. Julie Ogden PhonalEmali: 402.443.7483; jogden@ieo.com LPA Responsible Charge: Men Schoemaker PhonelEmell: 402.426.4191; ars&i.blair.ne.us NOOR Project Coordinator. Greg Wood Phone/Email. 402.479.3831; greg.woodCnebraska.gov Date: July 16, 2015 jASKS PERSONNEL CLASSIEICATICI - _ , _ - a= x P.R.1 ?P14 :ENO .DES "' 53dk] INSP .d MM,° ;DES dotal_; 1: Pro actli im "aiit antlGoor'slThtlon 1.1 ProaetMan ement q0 _.. , -. _i 40 Subtatall 1 40 1 1 1 1 1 1 1 1 1 4g 2 M - 2.1 Construction In3pecton Planning Maetin 1 1 - _ . Y `?z ,_: y '_ p 2.2 Pre- Construction Meeting 2 5 • - • V Ki 7 2.3 Construction Progress Meetin s 5 7 y - 5 2.4 Trips to Site ravel Time for Meelin s 2 3 - !1 Subtotal 5 9 5 1 1 1 19 Z Traffic control Puf 3.1 Pre TmfficControlPlan 3 5 8 32 Stn and Submit Plans to the RC 1 1 7. 2 Subtotall 1 1 4 1 5 1 1 1 1 1 1 1 10 4. SWPPRInspoctl6mManuallUpdates 4.1 Conduct Inspections 10 10 4.2 U ate SWPPP Manual >I 2 2 a_ 4.3 Trips to Site ravel Time for SWPPP lose ons 6 t #20 Subtotal 16 2 0 IL Construction 8u "1Sta " 5.1 -5.10 Totals From Survey-Sialft Survey-Stalin Worksheet enter hours in prey cells 40 21 67 1 59 1 4 1 170 5.11 Trips to Site ravel Time for Construction Sury IStaidn ` 1 B 1 7 1 1 1 16 S ubtotall 1 4D 1 1 1 75 1 66 1 5 1 1 1 1 t86 6..CorattuegonCouuhadoN ifii'Miiii Daily Work Re rt DWR '+ 6.1 Consbucion ConsuRntioniShe Mans er & Daily Work Report DWR Included in Task 9 hours Subtotal T. Glridsr Shlm Surveying Bdd i Projects On 7.1 Girder Shim Sury ng Not Aa !!cable Subtotal 6. Petrortnt3aartn 'Carcutitiaia` 8.1 Perform Bearing Calculations Not livable Subtotal 0. ° n , 9.1 Construction Ins action - 71 8 _ 285 50 8 351 92 Measure. calculate. and document uantlties of items - ' ". 40 10 _ 3 + Y 50 9.3 Maintain records/deta and prepare the Weekly Report of WDs = " 20 5 f 9.4 Tri s to Sfte ravel Time for Construalon Ins action 4 85 20 " 4 119 Subtabill 12 1 1 1 1 430 65 1 1 12 1 539 10. PedormilitabodalSampilinisfidTastin 10.1 Collect vedfy. document and deliver all samples to testing lab by Thiele Geotach (subconsultant) 10.2 Provide all required materiel certifications to the NDOR M & R Lab 10.3 Review and document aD test results of all Sam les 10.4 Trips to Site ravel Time for Delivery and Callecling Samples Subtotal 11. 11s= 8ulltDrawln' s 11.1 Pre reAs- SuiitDrawin s 6 2 1 2 -' 10� Subtotall I I 1 6 1 1 1 2 1 2 1 1 1 1 10 12 'Final inspections 12.1 Walkthmu h of Site and Preparation of Punch Ust 4 __^ 4 12.2 Review Pro'ect to verify that Punch List has been completed - 2 _ 2 Subtotall 1 4 1 1 1 1 1 6 10 13.'Pro octCloaiout 13.1 Project Closeout 5 _ 45 4 54 Subtotal 5 45 4 64 TotatHourn - 106 13 11 75 66 i91. .3 '( 12 Total etrrs' -7 ' 13.3 16 1.4 _6A 6.3i '63.9, 1f.4, =D4•. '! 6 111.0 Totsi'TratreiTlmi':> Total Hours m1nUk Travel Timo - 6 100 3 10 11 6 67 T AS ,y 92 = 419 °30 , '11 " " ,3 : 4 ti 140 T46 ? Consultant's Independent Cost Estimate for CE Services Estimate of Hours EXHIBIT "A" Subconsultar►ts �" � ,. � _ - - :. ', . _: �r � a . _ - Qu' - � - °�ue"1tCoat- .�mourrt _ Thiele Geoteoh Materials Testing) 1 1 $5 $5,358,00 Subtotal _ Subtdtel $5,358.00 Prlrrttn - erld Re "'fcductTon. s_ -.3; . _ l" Qu 7n1YCoaty_ urrt : s — - Subtotal - - - TOTAL IDIRECT 2. $5,480.58 - - - - - =Subtotal :Subtotal hlln - etiravel vim. ,,^ _ a� Un it Cost: ' Amount s — - Subtotal $102.58 TOTAL IDIRECT 2. $5,480.58 =Subtotal tha�►itacallan®ota Coster __- Facilities Capital 0.39% of Direct labor Qua' '"�LinitiRdat. Arimount L�_�_ - Subtotal $102.58 TOTAL IDIRECT 2. $5,480.58 tha�►itacallan®ota Coster __- Facilities Capital 0.39% of Direct labor 'Que s 1 UnIECo6t _ $102.58 Amount 5102.58 Subtotal $102.58 TOTAL IDIRECT 2. $5,480.58 Consultant's Independent Cost Estimate for CE Services Direct Expenses EXHIBIT "A" Pone Z of R Project Name; Blair Co nnector Trails Consultants Independent Cost Estimate for CE Services Cost by Task EXHIBIT "A" Project Name Blair Connector Trails Total;}jours Dlrectia6or Cost � OYafieadF 1886 � plofi�t' � 3:S6X� Total P(oject;Cost Fot• ConstructtoM'j zSenrices I. Pro ect Management and Coordination 46 51,674.00 53,326.07 $677.51 $5,677.58 2. Meetin s 19 $621.97 $1,235.79 $251.73 _ _ $2,109.49 . 3. Traffic Control Plan 10 5260.43 $517.45 S105.40 $683.28 4. SWPPP Inspections/Manual Updates 20 $572.56 $1,137.62 5231773 $1,941.91 S. Construction Surve y/Stalin g $5,170.03 $10,272.33 S2.092.44 $17.534.80 G. Construction Consultation/Site Manager & Daily Work Report DWR 7. GirderShlm Surveying (Bridge Projects Onl 8. Perform Bearing Calculations 9. Construction Inspection 539 $15,757.03 $31,307.64 $6,377.26• $53,441.93 10. Perform Material Sampling and Testin 11. As - Built Drawings 10 $258.80 $514.21 $104.74 $877.75 12. Final Inspections 10 $344.28 $684.05 $139.34 51,167.67 13. Pro Closeout 54 $1,643.81 $3,266.09 $665.29 $5,575.19 Direct naes $5480.58 TOTAL 888 $26,302.91 $52,261.25 ` 310,645A4 $ 94,670.18 Consultants Independent Cost Estimate for CE Services Cost by Task EXHIBIT "A" Project Name Blair Connector Trails -_ PeraoiitieF�laa8�8oatfon ...�_ - - . • HOU R ,; 8t@ - Alllount Principal $52,261.25 Milea errravel $78,564.16 Project Manager 106 $41.85 $4,436.10 Engineer 13 $29.48 $383.24' Desi neriCADD Technician 11 524.31 $267.41 Survey Crew Chief 75 $27.33 $2 049.75 Survey Crew Member 66 $19.68 __:$1298.88 Inspector 2 511 $29.48 $15,064.28 Inspector 1 91 $26.99 5 456.09 Administrative 3 $20.96 $62.88' Enviro. Scientist 12 523.69 $284.28 TOTALS 888 $26,302.91 DCreeEx' nsea. 'Afnount Subconsuitants $6,358.00 Printing and Reproduction Costs $52,261.25 Milea errravel $78,564.16 Lodging/ Meals $10,645.44 Material Testin $5,460.5 8 Other Miscellaneous Costs $102.58 PROJECT COST 594,670.18 TOTALS $5,460.58 Total P,tio ectCostsE_ .'_� _ ;; = Ari;rount Direct Labor Costs $26,302.91 Overhead A 198.69% $52,261.25 Total Labor Costs $78,564.16 Fee for Profit Rate 13.55% $10,645.44 Direct Expenses $5,460.5 8 PROJECT COST 594,670.18 Consultants Independent Cost Estimate for CE Services Project Cost EXHIBIT "A" Dann R of R SOSITCE PE/CEIGEO Tech Firm PROJECT NAME - Blair Connector Trails PROJECT NO. ENH- 89(30) CN 22549 MANHOUR AND FEE ESTIMATE CONSTRUCTION ENGINEERING! INSPECTION Task Task Desaiptlan PR2 PF2 1 2 3 4 5 6 7 8 9 10 11 12 `Total Laboratory Testing Totals 0 0 0 0 0 0 0 0 0 0 0.0 Compressive Strength of Cylinders Time minus travel 0 0 0 0 0 0 0 0 0 0 $15.00 /each $240.00 DIRECT LABOR COST SUMMARY mom $0.00 Category Hours Rate Amount PR2 Senior Project Engineer 6 5500 S 930.00 Aggregate Gradations 0 $70.00 leach $ Concrete Plant Testing PE-2 Project Engineer 0 S 0 50100 5 - 0 $ Insp2a Inspector2 Feld Tech Testino S AitlSlumWemp/Cast 4 cylinders 0 $74.00 /set $ Additional Air Tests 9=MR2 0 $22.00 /each $44.00 S MY= 0 8104.00 Concrete Coring S 564.00 leach 0 Feld Density Tests S $31.00 /each $620,00 Field Moisture Content 5 - TOTAL DIRECT LABOR 6 S 930.00 OVERHEAD = +t. $ TOTAL LABOR AND OVERHEAD S 930.00 DIRECT PROJECT EXPENSES TOTAL DIRECT PROJECT EXPENSES Cost Laboratory Testing 50,00 Compressive Strength of Cylinders z0fiffs $15.00 /each $240.00 mom $0.00 50.00 Lab Standard Proctor lamm $225.00 leach $675.00 Aggregate Gradations $70.00 leach $350.00 Concrete Plant Testing NDOR Plant inspection (PERFORMED BY PLANT) 565.00 /hour 50100 50.00 $0.00 Feld Tech Testino AitlSlumWemp/Cast 4 cylinders Y $74.00 /set $296.00 Additional Air Tests 9=MR2 $22.00 /each $44.00 Unit Welght/Yield MY= $52.00 /each 8104.00 Concrete Coring 564.00 leach $64.00 Feld Density Tests $31.00 /each $620,00 Field Moisture Content S21.OD leach $420.00 Trip Charge to Project Site $95.00 leach $1,615.00 50.00 S0.00 TOTAL DIRECT PROJECT EXPENSES $4,428.00 SUBCONSULTANTS Cost onmalasam TOTAL LABOR AND OVERHEAD 5930.00 FIXED FEE Q Range 10 % -15% $0.00 DIRECT PROJECT E XPENSES_ S4.428.00 TOTAL FEE $6,368,00 EXHIBIT "A" Page 6 of 6 v n Cp »EZZ» 3£ e m 0 o o m z `szIM 3P e�yyoademA a 8 x N Y OlZiiv as Ci a a 3 p » • C 3 A p T M A I 9 � n " m . o N ' n �a 2i • D n gg Flit T Ni 9 o 3 m Y I N w G1 l c I n p n i o M I ° 6 O a » � I � a ■ a 0 c a 0 e o W a n M: g o A m a ,o G aN_ 3 3 ca T 2 a i �a •2 y 3 1'0 �N as -.N °o IS Pn�a 3 n _S ° ' c � '^ 3 � C g 7 $ �;g o9d' o v c r c,w o,r cif �• N �O yN LSO 3 p> >• zV.l 6N 6V aV 6�� : 0.� O t11 �4{ ,gym p a D ie O d N Q n n' o o fi S N E n� m .F to C A '..D u n n ',O O Cm <.'; 7 �Zn »>�•',: n0 >` >� `:Z °•�.,Zmm O� '. L Zi ',o< —c > C �' y T L� •1 9 .. - m p -- In H H G7 GI .n Gl H 1 �, N YI N A N w Gl In G7 G1 N N N N V1 N w .n Gl 0 to N VI A N w Gl N G �;,• N 1 Z H N V 1-• O ; W� N Z Q D = a a m I+ w A m n y A <xmxac3 A m G1 fn n Z- Z Z m x mac G IM m in 2 2 moa. Z N 2 Z .,Z o m — Z m . , / m n u w i n^m o n � .;lp m } ..om N n w n t 'o n o m> A 3 x 2 x �L F m o • Rl m C C - A 7 ' A N N C : JC �C C ±{ G p m m A m •T ,wmO m T -rD • <mswmm ?. .1� 6. II D x 3 C Z _ C C m �S 25 2 S x x 0 n t• N ° C ti c p T N II6d o N N w D w cvv no o w u 1n ' S m v1 D N M n W o ° 1n v 1n e M T a — T v1 G1 da�1 =nu go 0 0 0 m m 0 3 0 m 0 A o d o m d a e n 9 v , ga g cng��s g gAA g�no g d A d g d �a73 m2c O n G n c v n Cp »EZZ» 3£ e m 0 o o m z `szIM 3P e�yyoademA a 8 x N Y OlZiiv as Ci a a 3 p » • C 3 A p T M A I 9 � n " m . o N ' n �a 2i • D n gg Flit T Ni 9 o 3 m Y I N w G1 l c I n p n i o M I ° 6 O a » � I � a ■ a aN_ 3 3 ca T 2 a i �a •2 • 3 1'0 �N as a2 Pn�a 3 n _S ° � '^ 3 � C Ear 0! >� a o9d' r a°d an d d o yam a� 3'p m o d 3'0 'p m > > 3 p> >• do ° ax " � ,gym p a D ie O d N Q n n' o o fi S N E n� d— N H N In H H G7 GI .n Gl H 1 �, N YI N A N w Gl In G7 G1 N N N N V1 N w .n Gl 0 to N VI A N w Gl N G �;,• N 1 Z H N V 1-• O °f Y �! V1 � M "• N N �• O m •1 m H m N N m O 01 N N N � m G1 b N m A m I+ w A m n y A <xmxac3 A m G1 fn n Z- Z Z m x mac G IM m in 2 2 A N coo m N 2 Z A m a z = 3 x 2 x �L F Z F v n Cp »EZZ» 3£ e m 0 o o m z `szIM 3P e�yyoademA a 8 x N Y OlZiiv as Ci a a 3 p » • C 3 A p T M A I 9 � n " m . o N ' n �a 2i • D n gg Flit T Ni 9 o 3 m Y I N w G1 l c I n p n i o M I ° 6 O a » � I � a ■ oa nn a E a m G) m O 0 c GI 0 K Sk E. O C z 0 a 4L a 3 Ea. 0 a 3 RE 0 a 3 0 z 0 G) O w £ .: O A N tD ,3 P�� M O 0 O W p r A 0 !q O C n - u E FL T T E GI 0 K Sk E. O C z 0 a 4L a 3 Ea. 0 a 3 RE 0 a 3 0 G) O O - u E FL T T E K Sk E. 0 a 4L a 3 Ea. 0 a 3 RE 0 a 3 0 G) O - u E FL T T E State of Nebraska Department of Roads Required Document List Contract ID 2549X ;ontrol Number 22549 000 ►roject Number ENH- 89(30) Location BLAIR CONNECTOR TRAILS Type of Work GRADING, CONCRETE PAVEMENT Letting Date 6/25/2015 SG Version January 1, 2015 DISCLAIMER: This document may not include all material requirements for this project. Please refer to the Materials Sampling Guide for a comprehensive list of the material requirements. This document will not reflect any changes made to the project after the project letting. ISR GROUP 30001 0030.10 Legend TOS Test or Sample CC Contractor's Certification MC Manufacturer Certification COC Certification of Compliance COT Certification of Test APL Approved Products List PMV Project Manager's Verification SP Special Provisions NSS Nebraska Standard Specification MA M &R Approval SG Material Sampling Guide ISR GROUP 30001 0030.10 MOBILIZATION 1.000 LS 0002 1009.00 GENERAL CLEARING AND GRUBBING 1.000 LS 0003 1011.00 WATER 38.000 MGAL 0004 1030.00 EARTHWORK MEASURED IN EMBANKMENT 2779.000 CY TOS SG 9 CHURCHWELL 0005 1107.00 REMOVE WALK 291.000 SY 0006 1116.12 REMOVE BOLLARD 4.000 EACH 0007 4093.80 WALL MATERIALS 2215.000 SF 0008 4095.15 COMPACTED EARTH LEVELING PAD 335.000 LF 0009 6406.30 BIKEWAY HANDRAIL 335.000 LF COT NSS716 KAREL 0010 7150.50 REMOVE AND RESET CHAIN -LINK FENCE 373.000 LF 0011 8024.50 SELECT GRANULAR BACKFILL FOR RETAINED EARTH STRUCTt 163.000 CY TOS /COT /COC NSS714 LINDEMANN Soil Density - Select Granular Backfill r( TOS SG 13 CHURCHWELL 0012 L019.13 EROSION CONTROL, CLASS 1D 372.000 SY APL NSS807 DONDLINGER 0013 L022.11 FABRIC SILT FENCE -LOW POROSITY 2129.000 LF APL SP -111 DONDLINGER GROUP 30014 0030.30 MOBILIZATION 1.000 LS 0015 1119.05 REMOVE AREA INLET 1.000 EACH 0016 3008.05 TIE BARS 107.000 EACH Epoxy Resin Bonding System -Grade 3r( APL SG 15, 20 KRASON - Non - Shrink Grout r( APL SG 20, 21 KRASON Reinforcing Steel Field Sample TOS /COT SG -16 KAREL Reinforcing Steel - (pretested) r( TOS /COT SG -16 KAREL 0017 3011.25 CONCRETE CLASS 47B -3500 CURB, TYPE II 26.000 LF Class R Aggregate TOS SG -16 MACKE Interground /Blended Cement TOS SG 14, 29 KRASON Portland Cement Concrete TOS SG -16 KRASON White Pigmented Cure Compound -Field User( APL SG -16 KRASON 0018 3016.03 CONCRETE CLASS 47B -3000 SIDEWALKS" 7.000 SY Class R Aggregate TOS SG -16 MACKE Interground /Blended Cement TOS SG 14, 29 KRASON Portland Cement Concrete TOS SG 15,16 KRASON Pref Expansion Jt Filler APL SG 15 KRASON White Pigmented Cure Compound -Field User( APL SG 15,16 KRASON 0019 3016.39 DETECTABLE WARNING PANEL 180.000 SF APL SG -25 KAREL 0020 3016.71 6" CONCRETE CLASS 47B -3500 BIKEWAY 4322.000 SY Class R Aggregate TOS SG -16 MACKE Interground /Blended Cement TOS SG 14,29 KRASON Portland Cement Concrete TOS SG 15,16 KRASON White Pigmented Cure Compound -Field User( APL SG 15,16 KRASON 0021 3016.73 8" CONCRETE CLASS 478 -3500 BIKEWAY 34.000 SY Class R Aggregate TOS SG -16 MACKE Hot Poured Joint Sealant -Field Use r( APL SG 15, 20 BYRE Interground /Blended Cement TOS SG 14,29 KRASON Portland Cement Concrete TOS SG 15,16 KRASON Reinforcing Steel Field Sample TOS /COT SG -16 KAREL Reinforcing Steel(pretested) n TOS /COT SG -16 KAREL White Pigmented Cure Compound -Field User( APL SG 15,16 KRASON 0022 3017.21 CONCRETE CLASS 47B -3500 IMPRINTED SURFACING 334.000 SY Class R Aggregate TOS SG -16 MACKE Interground /Blended Cement TOS SG 14, 29 KRASON Portland Cement Concrete TOS SG 15,16 KRASON White Pigmented Cure Compound -Field User( APL SG 15,16 KRASON 0023 3075.32 8" CONCRETE PAVEMENT, CLASS 478 -3500 49.000 SY Class R Aggregate TOS SG -15 MACKE Epoxy Resin Bonding System -Grade 3r( APL SG 15, 20 KRASON Hardened Concrete TOS SG -15 WEIGEL Hot Poured Joint Sealant -Field Use r( APL SG 15,20 BYRE Interground /Blended Cement TOS SG 14, 29 KRASON Portland Cement Concrete TOS SG 15,16 KRASON Reinforcing Steel Field Sample TOS /COT SG -15 KAREL Reinforcing Steel- (pretested) o TOS /COT SG -15 KAREL White Pigmented Cure Compound -Field User( APL SG 15,16 KRASON 0024 4005.00 CAST IRON RING AND COVER 345.000 LB COC SG 25 KAREL 0025 4015.00 ADJUST MANHOLE TO GRADE 9.000 EACH Class R Aggregate TOS SG -16 MACKE Portland Cement Concrete TOS SG 15,16 KRASON 0026 4015.50 RECONSTRUCT MANHOLE 5.000 EACH Class R Aggregate TOS SG -16 MACKE Interground /Blended Cement TOS SG 14, 29 KRASON Portland Cement Concrete TOS SG 15,16 KRASON 0027 4016.00 MANHOLE AT STA 105 +87.60,18.8' RT 1.000 EACH Page 1 of 2 EXHIBIT "A" State of Nebraska Department of Roads Required Document List Contract ID 2549X ,ontrol Number 22549 000 ) roject Number ENH- 89(30) Location BLAIR CONNECTOR TRAILS Type of Work GRADING, CONCRETE PAVEMENT Letting Date 6/25/2015 SG Version January 1, 2015 DISCLAIMER: This document may not Include all material requirements for this project. Please refer to the Materials Sampling Guide for a comprehensive list of the material requirements. This document will not reflect any changes made to the project after the project letting. Class R Aggregate Legend TOS Test or Sample CC Contractor's Certification MC Manufacturer Certification COC Certification of Compliance COT Certification of Test APL Approved Products List PMV Project Manager's Verification SP Special Provisions NSS Nebraska Standard Specification MA M &R Approval SG Material Sampling Guide SR Shipping Report Class R Aggregate TOS SG -16 MACKE Interground /Blended Cement TOS SG 14,29 KRASON Portland Cement Concrete TOS SG 15,16 KRASON Reinforcing Steel Field Sample TOS /COT SG -16 KAREL Reinforcing Steel (pretested) ri TOS /COT SG -16 KAREL 0028 4900.25 CURB INLET SEDIMENT FILTER 13.000 EACH APL SP -107 DONDLINGER 0029 7321.00 TYPE ASIGN 4.500 SF 0030 7334.04 4" X 4" WOOD SIGN SUPPORT 20.000 LF COT SG -25 KAREL 0031 9111.00 WATER 1.000 MGAL 0032 9170.00 EARTH SHOULDER CONSTRUCTION 2.728 STA 0033 9173.20 SUBGRADE PREPARATION 49.000 SY TOS SG 10,11 CHURCHWELL 0034 A001.12 PULL BOX, TYPE PB -5 1.000 EACH APL SG -21 KAREL 0035 A065.69 11/2 INCH PVC CONDUIT IN TRENCH 360.000 LF PMV/TOS SG -21 KAREL 0036 A080.22 STREET LIGHTING CABLE, NO.6 BARE 360.000 LF TOS SG 21 KAREL 0037 A080.24 STREET LIGHTING CABLE, NO.6 USE 720.000 LF TOS SG 21 KAREL 0038 A449.00 ADJUST PULL BOX TO GRADE 1.000 EACH 0039 A700.20 RELOCATE STREET LIGHTING UNIT 2.000 EACH Class R Aggregate TOS SG -16 MACKE Portland Cement Concrete TOS SG 15,16 KRASON Ground Rod tt PMV SG 21 KAREL Street Lighting Cable, No. 12THW/THWN TOS SG 21 KAREL 0040 L001.01 SEEDING, TYPE A 2.000 ACRE 0041 L032.75 MULCH 4.500 TON 0042 W600.03 ADJUST VALVE BOX TO GRADE 1.000 EACH GROUP ] 0043 0001.08 BARRICADE, TYPE II 250.000 BDAY Barricade Warning Lights Type C ri APL SG 23 KAREL Reflective Sheeting tt TOS SG 23 DONDLINGER 0044 0001.90 SIGN DAY 456.000 EACH 0045 0002.97 FLASHING ARROW PANEL 10.000 DAY 0046 0003.10 FLAGGING 20.000 DAY 0047 0010.04 FIELD OFFICE 1.000 EACH 0048 0030.00 MOBILIZATION 1.000 LS 0049 9110.01 RENTAL OF LOADER, FULLY OPERATED 25.000 HOUR 0050 9110.03 RENTAL OF DUMP TRUCK, FULLY OPERATED 25.000 HOUR 0051 9110.07 RENTAL OF SKID LOADER, FULLY OPERATED 25.000 HOUR 0052 9110.27 RENTAL OF CRAWLER MOUNTED HYDRAULIC EXCAVATOR, F 25.000 HOUR 0053 L006.00 COVER CROP SEEDING 2.000 ACRE 0054 L022.75 TEMPORARY SILT CHECK 300.000 LF SP -109 0055 L022.90 TEMPORARY SILT FENCE 300.000 LF APL SP -111 DONDLINGER 0056 L860.24 STORM EVENT RESTORATION -INCENTIVE 13.000 EACH 0057 L860.50 ENVIRONMENTAL COMMITMENTS- CONTRACTOR COMPLIA 1.000 LS BUY AMERICA CERTIFICATION (PRIME CONTRACTOR) CC SP -65 KAREL Page 2 of 2 EXHIBIT "A" FEES AND PAYMENTS EXHIBIT "B" 1. Payment Method. Payment under this Agreement will be made based on Actual Costs plus a Fixed Fee for profit 2. Total Agreement Amount. For performance of the Services as specified in this Agreement, Consultant will be paid a fixed - fee - for - profit of $10,645.44and up to a maximum amount of $84,024.74 for actual costs in accordance with Section 7. Payment. The total agreement amount is $94,670.18. Consultant's compensation shall not exceed this maximum amount without prior written approval of the LPA. 3. 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. 4. 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). 5. 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. Project No. EXHIBIT Contr No .22549 Sheet 1 of 7 Blair Connector Trails Template` T AGRS -1 F, Revised 9 -46 -14 6. Subconsultant Over -runs and Under -runs. The Consultant shall require any subconsultant to notify Consultant if at any time the subconsultant determines that its 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. 7. 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. A describe the proposed services b. An explanation why Consultant believes that the proposed services are not within the original scope of services and additional work effort is therefore required c. An 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: a. That the additional work is beyond the scope of services initially negotiated with Consultant; and b. That the proposed services are within the scope of the Request for Proposal under which Consultant was selected and contract entered into; and c. 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: a. 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. gov/g ov- aff /Ipa- quide- man.htmI#forms4 The CWO must be Project No. ENH -89 20 EXHIBIT "B" Cont No. 22549 Sheet 2 of 7 Blair Connector Trails Template T AGR3 -1 F Revised 9 ='I 6 -14 executed to provide authorization for the additional work and to specify when that work may begin. This agreement will be supplemented after one or more CWOs have been authorized and approved for funding. 8.. 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 behalf of the LPA, will pay the Consultant for all necessary, allowable, Project No. E_NH- 89(20) EXHIBIT "b" Control No. 22549 Sheet 3 of 7 Blair Connectors I ralls Template T . G.q 1 F Revised 9 -16-14 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 total daily meal costs must not exceed the GSA rates set out above. Consultant shall give State the benefit of all meal or lodging discounts. Project No ENH- 89(20) EXHIBIT °B" Control Nn. 22549 Sheet 4 of 7 Blair Connector Trails Template T- AGRS -1 F Revised 9 -16 -14 Consultant may submit meal receipts or billings itemizing all direct non -labor costs claimed for work under this agreement, and all supporting reports or invoices. 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 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. 9. 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 13.55 % ". 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. 10. 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. transportation .nebraska.gov /aov- aff /lpa -quide -man html #policies4 The invoices must present actual direct labor, Subconsultant costs and other direct non -labor costs, and actual overhead 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 Project No. ENH- 89(20) EXHIBIT u B" Control 22549 Sheet 5 of 7 Blair_ Connector Trails Template T AGRS 1 F Revised 9 -16 -14 Form" (see State's webpage at http: / /www. transportation .nebraska.gov /qov- aff /lpa- guide- man.html and must be substantiated by a progress report which is to include /address, as a minimum, the following: 1. A description of the Services completed for that period 2. A description of the Services anticipated for the next pay period 3. Information needed from LPA .4. Percent of Services completed to date Consultant shall submit a progress report monthly even if Consultant does not submit a monthly invoice. All invoice packages must be submitted electronically through State's invoice workflow system OnBase, for review, approval, and payment. OnBase information, user guide, and instructional videos are available at http:/ /www.transportation.nebraska.gov /mat -n- tests /onbase /obinfo. htm I 11. Progress Payments. State, on behalf of LPA, will pay Consultant upon receipt of Consultant's invoices and determination by LPA and State that the invoice and progress report adequately substantiate the Services provided, and the Services were completed in accordance with this Agreement. Payments will not be made if the monthly progress reports do not provide adequate substantiation for the Services or LPA or State determines that the Services have not been properly completed. State, on behalf of the LPA, will make a reasonable effort to pay Consultant within thirty (30) days of receipt of the Consultant's invoices. 12. Final Invoice and Payment. Upon completion of the Services under this Agreement, Consultant shall submit their final invoice to the LPA. 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, it should be reflected on the final invoice. If a particular year's actual overhead has not yet been computed or approved by State, the most recent year's accepted rate should be applied. Upon receipt of final invoice and determination by LPA and State that the invoice and progress report adequately substantiate the Services provided and the Services were completed in accordance with this Agreement, State, on behalf of LPA, will pay Consultant. The acceptance by Consultant of the final payment will constitute and operate as a release to LPA and State for all claims and liability to Consultant, its Project No EN EXHIBIT "B" Control 'No 2249_ Sheet 6 of 7 Biar. Connector Traiis Template T;AGRS -1 F Revised 9 -16 =14 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. 13. Agreement Close -Out. Upon submitting its final invoice, the Consultant must complete and submit to the LPA 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 http: / / www. roads .nebraska.gov /gov- aff /lpa- guide- man.html#forms4 14. Audit and Final Cost Adjustment. Upon LPA and State's determination that Consultant has completed Services under this Agreement State, or its authorized representative, may complete an audit review of the payments made under this Agreement on behalf of LPA. The Parties understand that the audit may require an adjustment of the payments made under this agreement. Consultant agrees to reimburse State for any overpayments identified in the audit review, and State agrees to pay Consultant for any identified underpayments. 15. Consultant Cost Record Retention. Consultant shall maintain, and also require that its Subconsultants /Subcontractors maintain, all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and shall make such material available for examination at its office at all reasonable times during the agreement period and for three years from the date of final cost settlement by FHWA and project closeout by State. Such materials must be available for inspection by LPA, State, FHWA, or any authorized representative of the federal government, and when requested, Consultant shall furnish copies. Project No. EN 89(20) EXHIBIT "B" Control :N& 22549 Sheet 7 of 7 Blair bon nectocTrals Template T -AbRS 1 F Revised 9 -1614 p� EXHIBIT "C" N INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE PROVIDORS (LPA PROJECTS) Template T- IXH -13A (rev 6- 23-15) A. 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 Agreement, (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: B. General Liability -- (1) Limits of at least: a. $ 1,000,000 Per Occurrence b. $ 2,000,000 General Aggregate C. $ 2,000,000 Completed Operations Aggregate (if applicable) d. $ 1,000,000 Personal /Advertising Injury (2) Consultant shall be responsible for the payment of any deductibles. (3) Coverage shall be provided by a standard form Commercial General Liability Policy covering bodily injury, property damage including loss of use,. and personal injury. (4) General Aggregate to apply on a Per Project Basis. (5) LPA and the State of Nebraska, Department of Roads ( "State ") 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. (6) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of subrogation in favor of LPA and State shall be added to, or included in, the policy. (7) Contractual liability coverage shall be on a broad form basis and shall not be amended by any limiting endorsements. (8) If work is being done near a railroad track, the 50' railroad right of way exclusion must be deleted. (9) 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 (5) years after final acceptance and payment. (10) Policy shall not contain a total or absolute pollution exclusion. Coverage shall be provided for pollution exposures arising from products and completed operations (as per standard CG0001 Pollution Exclusion or equivalent). (If the standard pollution exclusion as provided by CG0001 has been amended, please refer to the following section entitled "Pollution Coverage. ") C. Pollution Coverage — (1) In the event that the standard pollution exclusion as provided by CG0001 has been amended, coverage may be substituted with a separate Pollution Liability policy or a Professional Liability policy that includes pollution coverage in the amount of $1,000,000 per occurrence or claim, and $1,000,000 aggregate. Project No. ENH- 89(30) Sheet 1 of 3 Control No. 22549 Agreement No. BK1538 EXHIBIT "C" INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE PROVIDORS (LPA PROJECTS) (2) If coverage is provided by a "claims made" form, coverage will be maintained for three years after project completion. Any applicable deductible is the responsibility of Consultant. D. Automobile Liability — (1) Limits of at least: a: $ 1,000,000 CSL Per Accident (2) Coverage shall apply to all Owned, Hired, and Non'-Owned Autos. (3) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of Subrogation in favor of LPA and State, shall be added to the policy. E. Workers' Compensation — (1) Limits: Statutory coverage for the State where the project is located. (2) Employer's Liability limits: a. $100,000 Each Accident b. $100,000 Disease —Per Person c. $500,000 Disease — Policy Limit (3) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of subrogation in favor of LPA and State must be added to, or included in, the policy F. Professional Liability — (1) Limits of at least: a. $1,000,000 Per Claim b. $1,000,000 Annual Aggregate (2) Coverage shall be provided for three years after work/project completion. G. Electronic Data and Valuable Papers — (1) Limits of at least: a. $100,000 Electronic Data Processing Data and Media b. $25,000 Valuable Papers H. - Umbrella/Excess — (1) Limits of at least: a. $ 1,000,000 Per Occurrence b. $ 1,000,000 Annual Aggregate (2) Policy shall provide liability coverage in excess of the specified Employers Liability, Commercial General Liability and Auto Liability. (3) LPA and State shall be "Additional Insureds ". (4) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of subrogation'in favor of LPA and State shall be provided. I. Additional Requirements — (1) If any of the work is sublet, equivalent insurance shall be provided by or on behalf of the subconsultant or subconsultants (at any tier). Project No. ENH- 89(30) Sheet 2 of 3 Control - No. 22549 Agreement No. BK1538 EXHIBIT "C" INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE PROVIDORS (LPA PROJECTS) (2) Any insurance policy shall be written by an insurance company with a Best's Insurance Guide Rating of A — VII or. better. (3) Prior to consultant beginning work on a project under this agreement, Consultant shall provide LPA and State evidence of such insurance coverage in effect in the form of an Accord (or equivalent) certificate of insurance executed by a licensed representative of the participating insurer(s). Certificates of insurance must show the LPA and State as the certificate holders. (4) For so long as insurance coverage is required under this agreement, Consultant shall notify LPA and State when Consultant knows, or has reason to believe, that any insurance coverage required under this agreement will lapse, or may be canceled or terminated. Consultant must forward any pertinent notice of cancelation or termination to LPA and State by mail to the address listed below (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 Consultant shall be sent to LPA, in care of LPA's Responsible Charge, and to 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 (5) 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. (6) The limits of coverage's set forth in this document are minimum limits of coverage. The limits of coverage shall not be construed to be a limitation of the liability on the part of Consultant or any of its subconsultants /tier subconsultants. The carrying of insurance described shall in no way be interpreted as relieving Consultant, subconsultant, or tier subconsultant of any responsibility or liability under the Agreement. (7) If there is a discrepancy of coverage between this document and any other insurance specification for this project, the greater limit or coverage requirement will prevail, Project No. ENH- 89(30) Sheet 3 of 3 Control No. 22549 Agreement No. BK1538