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RES 2012-1104 - Agmt with Alfred Benesch & Company for OPW 52288, improvements to Blondo St from 156th St to Eldorado Dr . , � Public Works Department \,M�✓iri.'= a� r e .. ; ,. �p�� t� n 1`�", I 2.�r� to ��'� Omaha/Douglas Civic Center z 1819 Farnam Street,Suite 601 Att �� 't'-'� Aygust 21, 2012 o ' ITV 54 Omaha,Nebraska 68183-0601 tp 4ry k7 a c .,.._ f t t 7 4 (402)444-52 0 ��Ten FEBR`�r a ah 14 ;. i t' Fax(402)444-5248 City of Omaha Robert G.Stubbe,P.E. Jim Suttle,Mayor Public Works Director •t� Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Engineering Design Services Agreement with Alfred Benesch & Company for final design services on improvements to Blondo Street from just east of 156th Street to Eldorado Drive, known as Federal Aid Project MAPA-5127(2) State Control No. 22376A and OPW 52288. This project is Phase 1 of the 156th Street improvement project, for which a Program Agreement was approved by City Council Resolution .No. 250 on February 28, 2012. The attached Agreement details the scope for the needed remaining services on Phase 1, consisting of improvements for the Blondo Street section, which will tie into improvements along this corridor being built as a part of the 144th Street improvement project. Federal Surface Transportation Funds are programmed to pay the majority of the eligible costs for these services, which are currently estimated to be $154,067.51. The remaining local share, estimated to be $30,813.50, will be paid from the 2010 Transportation Bond Fund 13183, 2012 Issue Transportation Bond Organization 117117. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: -/ / Z /2 Ro ert G. Stubbe, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: . 3148. t 1 Pam Spaccarotella Date Human Rights and Relations Date Finance Director Department 1520htp . . . ..aciiit Mayor Study and Incorporate in EA: Collect and tally ballots,if ballot not received in 15 days after public hearing send out a new certified mailing of ballots and give them another 15 days to return.Tally all ballots received after 30 days and submit final vote tally to NDOR for review. Update final noise study and incorporate into environmental document with vote tallies and final determination of reasonableness. Exhibit "B" -Oalw7krneyC-bettonn10OR Name „ L° Signature Date e 1-ba'�nmey.° Si t halc"n�maraska.gov. g Helton ° n FHWA: Ddte'°'�°''°"'a°°-0,'� Notice to Proceed Date: Digitally signed by Frank Rich 4/3/2012 DN;conf[aok kcb.gnfodecaL Name Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . f Y r LPA - CONSULTANT PROFESSIONAL SERVICES AGREEMENT CITY OF OMAHA, NEBRASKA ALFRED BENESCH & COMPANY PROJECT NO. MAPA-5127(2) CONTROL NO. 22376A BLONDO ST, 156TH ST— ELDORADO, PHASE 1 THIS AGREEMENT, made and entered into by and between the City of Omaha, Nebraska, hereinafter referred to as the Local Public Agency or LPA, and Alfred Benesch & Company, hereinafter referred to as the Consultant. WITNESSETH WHEREAS, the LPA used a qualification based selection process to select the Consultant . to render professional services for the above named project at the location shown on EXHIBIT "A", which is attached and hereby made a part of this agreement, and WHEREAS, the Consultant is qualified to do business in Nebraska and has met all requirements of the Nebraska Board of Engineers and Architects to provide consultant engineering services in the State of Nebraska, and WHEREAS, Consultant is willing to perform the services in accordance with the terms hereinafter provided agrees to comply with all federal, state, and local laws and ordinances applicable to this agreement, and agrees to comply with all applicable federal-aid transportation related program requirements, so that Consultant's costs under this agreement will be fully eligible for federal reimbursement, and WHEREAS, the LPA and Consultant intend that the services under this agreement be completed in accordance with the terms and conditions of the Nebraska LPA Guidelines Manual for Federal Aid Projects; hereinafter referred to as LPA Manual (See definition in Section 1),and WHEREAS, the Consultants primary contact person for LPA will be the LPA's representative, who has been designated as being in responsible charge of the project, and who is referred to herein as RC or Responsible Charge. WHEREAS, the parties understand that the State of Nebraska, Department of Roads is involved in this federal-aid project on behalf of the FHWA only for issues related to the eligibility of the project for reimbursement of project costs with federal-aid funds. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: 0 012 08 1520htp . . . ..aciiit Mayor Study and Incorporate in EA: Collect and tally ballots,if ballot not received in 15 days after public hearing send out a new certified mailing of ballots and give them another 15 days to return.Tally all ballots received after 30 days and submit final vote tally to NDOR for review. Update final noise study and incorporate into environmental document with vote tallies and final determination of reasonableness. Exhibit "B" -Oalw7krneyC-bettonn10OR Name „ L° Signature Date e 1-ba'�nmey.° Si t halc"n�maraska.gov. g Helton ° n FHWA: Ddte'°'�°''°"'a°°-0,'� Notice to Proceed Date: Digitally signed by Frank Rich 4/3/2012 DN;conf[aok kcb.gnfodecaL Name Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . i r .a SECTION 1. DEFINITIONS WHEREVER in this agreement the following terms are used, they will have the.following meaning: "LPA" stands for Local Public Agency, and in this agreement means City of Omaha, Nebraska, unless the context otherwise requires. LPA may also be used to refer generally to other Local Public Agencies. Local Public Agencies include, but are not necessarily limited to; Nebraska Cities, Villages, Counties, Political Subdivisions, Native American Tribes, and other entities or organizations found to be eligible sub recipients of federal funds for transportation projects. "CONSULTANT" means the firm of Alfred Benesch & Company and any employees thereof, whose business and mailing address is 825 J Street, Lincoln, NE 68508. "LPA MANUAL" shall mean the Nebraska Department of Roads' LPA Guidelines Manual for Federal-Aid Projects. The LPA Manual is a document approved by the Federal Highway Administration (FHWA) that sets out the requirements for local federal-aid projects to be eligible for federal reimbursement; the LPA Manual can be found in its entirety at the following web address: http://www.transportation.nebraska.gov/qov-aff/Ipa/Ipa-quidelines.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 sub recipient of federal funds and any reference to the "State" in this agreement shall mean the State on behalf of the United States Department of Transportation. "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. To "ABANDON" the services means that the LPA has determined that conditions or intentions as originally existed have changed and that the services as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To "SUSPEND" the services means that the LPA has determined that progress is not • sufficient, or that the conditions or intentions as originally existed have changed, or the services completed or submitted are unsatisfactory, and that the services as contemplated herein should Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 2 - Template Revised 3-16-12 �nmey.° Si t halc"n�maraska.gov. g Helton ° n FHWA: Ddte'°'�°''°"'a°°-0,'� Notice to Proceed Date: Digitally signed by Frank Rich 4/3/2012 DN;conf[aok kcb.gnfodecaL Name Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . be stopped on a temporary basis. This cessation will prevail until the LPA determines to abandon or terminate the services or to reinstate it under the conditions as defined in this agreement. 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 State and will end upon: (1) the waiver of an audit review or (2) the final completion of an audit review by the State or its authorized representative, and the resolution of all issues identified in the audit report. SECTION 5. SCOPE OF SERVICES LPA and Consultant understand that the Services provided by Consultant must be completed in accordance with all federal-aid reimbursement requirements and conditions. LPA and Consultant agree that the Scope of Services for this Task Order 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 "B", entitled Scope of Services and Fee Proposal, which is hereby fully incorporated herein and made a part hereof by this reference. Exhibit "B" 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 "B". The Consultant agrees to provide final design services for Project No. MAPA-5127(2), Control No. 22376A, in Douglas County, Nebraska as set out in Exhibit "B", Scope of Services, which are attached and hereby made a part of this agreement. The LPA has the absolute right to add or subtract from the scope of services at any time and such action on its part will in no event be deemed a breach of this agreement. The addition Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 3 -. Template Revised 3-16-12 es completed or submitted are unsatisfactory, and that the services as contemplated herein should Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 2 - Template Revised 3-16-12 �nmey.° Si t halc"n�maraska.gov. g Helton ° n FHWA: Ddte'°'�°''°"'a°°-0,'� Notice to Proceed Date: Digitally signed by Frank Rich 4/3/2012 DN;conf[aok kcb.gnfodecaL Name Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . t �_ t r i or subtraction will become effective seven days after mailing written notice of such addition or subtraction. SECTION 6. STAFFING PLAN (For PE Services) The Consultant has provided LPA with a staffing plan that identifies the employees of the Consultant who will be part of the primary team for this project. The primary team members will be agreed upon and identified in this agreement. The primary team is expected to be directly responsible for providing the services under this agreement. This document shall specify the role that will be assigned to each member of the primary team. This document is attached hereto as EXHIBIT "B" and is incorporated herein by this reference. During design, the Consultant may make occasional temporary changes to the primary team. However, any permanent change to the primary team will require prior written approval from the LPA. Personnel who are added to the Staffing Plan as replacements must be persons of comparable training and experience. Personnel added to the Staffing Plan as new personnel and not replacements must be qualified to perform the intended services. Failure on the part of the Consultant to provide acceptable replacement personnel or qualified new personnel to keep the services on schedule will be cause for termination of this agreement, with settlement to be made as provided in the SUSPENSION, ABANDONMENT, OR TERMINATION section of this agreement. SECTION 7. NEW EMPLOYEE WORK ELIGIBILITY STATUS The Consultant agrees to use a federal immigration verification system to determine the 9 9 Y work eligibility status of new employees physically performing services within the State of Nebraska. The Consultant hereby agrees to contractually require any Subconsultants to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. The undersigned duly authorized representative of the Consultant, by signing this agreement, hereby attests to the truth of the following certifications, and agrees as follows: Neb.Rev.Stat. § 4-114. I certify compliance with the provisions of Section 4-114 and, hereby certify that this Consultant shall register with and use a federal immigration verification •Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 4 - Template Revised 3-16-12 Digitally signed by Frank Rich 4/3/2012 DN;conf[aok kcb.gnfodecaL Name Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . 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. This form is available on the Department of Roads website at www.transportation.nebraska.gov/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 DATE (PE) The LPA will issue the Consultant a written Notice-to-Proceed when LPA determines that federal funding approval has been obtained for the project, upon full execution of the agreement and upon State concurrence that the form of this agreement is acceptable for federal funding eligibility. Any services performed by Consultant on the project prior to the date specified in the written Notice-to-Proceed will not be eligible for reimbursement. The Consultant shall complete all the services according to the schedule in attached EXHIBIT "B" and shall complete all services required under this agreement in a satisfactory manner. Any costs incurred by Consultant after the completion date are not eligible for reimbursement unless the Consultant has received a written extension of time from LPA. The completion date will not be extended because of any avoidable delay attributed to the Consultant, but delays not attributable to the Consultant, such as delays attributable to the LPA . may constitute a basis for an extension of time. SECTION 9. FEES AND PAYMENTS The general provisions concerning payment under this agreement are set out on the Exhibit "D", attached hereto and hereby made a part of this agreement. Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 5 - Template Revised 3-16-12 tifications, and agrees as follows: Neb.Rev.Stat. § 4-114. I certify compliance with the provisions of Section 4-114 and, hereby certify that this Consultant shall register with and use a federal immigration verification •Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 4 - Template Revised 3-16-12 Digitally signed by Frank Rich 4/3/2012 DN;conf[aok kcb.gnfodecaL Name Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . For performance of the services as described in this agreement, the Consultant will be paid a fixed-fee-for-profit of$17,964.34 and up to a maximum amount of$136,103.17 for actual costs in accordance with Exhibit "D". The total agreement amount is $154,067.51. SECTION 10. PROFESSIONAL PERFORMANCE (LPA PE) The Consultant understands that the LPA will rely on the professional training, experience, performance and ability of the Consultant. Examination by the LPA, State or FHWA, or acceptance or use of, or acquiescence in the Consultant's work product, will not be considered to be a full and comprehensive examination and will not be considered an approval of the Consultant's work product which would relieve the Consultant from any liability or expense that would be connected with the Consultant's sole responsibility for the propriety and integrity of the professional services to be accomplished by the Consultant pursuant to this agreement. The Consultant further understands that acceptance or approval of any of the work of the Consultant by the LPA or concurrence by the State/FHWA or of payment, partial or final, will not constitute a waiver of any rights of the LPA to recover from the Consultant, damages that are caused by the Consultant due to error, omission, or negligence of the Consultant in its work. That further, if due to error, omission, or negligence of the Consultant, the work project of the Consultant is found to be in error or there are omissions therein revealed during or after the construction of the project and revision, reconsideration, or reworking of the Consultant work product is necessary, the Consultant shall make such revisions without expense to the LPA. The Consultant shall respond to the LPA's or State's notice of any errors or omissions within 24 hours and give immediate attention to necessary corrections to minimize any delays to the project. This may involve visits by the Consultant to the project site, if directed by the LPA. If the Consultant discovers errors in its services, it shall notify the LPA and State of the errors within seven days. Failure of the Consultant to notify the LPA will constitute a breach of this agreement. The Consultant's legal liability for all damages incurred by the LPA caused by error, .omission, or negligent acts of the Consultant will be borne by the Consultant without liability or expense to the LPA. SECTION 11. SUSPENSION, ABANDONMENT OR TERMINATION (2/8/12) The LPA has the absolute right to suspend or abandon the work, or terminate the agreement at any time and such action on its part will in no event be deemed a breach of this agreement. The LPA will give the Consultant seven days written notice of such suspension, abandonment, or termination. Any necessary change in Scope of Services shall follow the Consultant Work Order Process outlined in the FEES AND PAYMENTS section above. Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 6 - Template Revised 3-16-12 L me Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . I f1a I If the LPA suspends or abandons the work or terminates the agreement as presently outlined, the Consultant shall be compensated in accordance with the provisions of 48 CFR 31 provided however, that in the case of suspension, abandonment or termination for breach of this agreement, the LPA will have the power to suspend payments, pending the Consultant's compliance with the provisions of this agreement. For the abandonment or termination of this agreement, payment to Consultant will be prorated based on the percentage of work completed by the Consultant prior to abandonment or termination compared to the total amount of work contemplated by this agreement. SECTION 9. 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 10. CONFLICT OF INTEREST LAWS The Consultant shall review the Conflict of Interest provisions of 23 CFR 1.33 and 49 CFR 18.36(b)(3) and agrees to comply with all the Conflict of Interest provisions in order for the LPA's project to remain fully eligible for Federal funding. By signing this agreement, the Consultant certifies that Consultant is not aware of any financial or other interest the Consultant has that would violate the terms of these federal provisions. SECTION 11. 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 Project No. MAPA-5127(2) Control No. 22376A • Blondo St, 156th St— Eldorado, Phase 1 - 7 - Template Revised 3-16-12 Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 6 - Template Revised 3-16-12 L me Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . 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 LPA agrees that any information or documentation that is considered to be privileged or confidential that is provided to Consultant will be marked with the following information (Approved 3/16/11): "CONFIDENTIAL INFORMATION: Federal Law, 23 U.S.0 §409, prohibits the production of this document or its contents in discovery or its use in evidence in a State or Federal Court. The LPA has not waived any privilege it may assert as provided by that law through the dissemination of this document and has not authorized further • distribution of this document or its contents to anyone other than the original recipient." The Consultant agrees to obtain the written approval of the Consultant Coordinator prior to the dissemination of any privileged or confidential information or documentation if it is unclear to the Consultant whether such information or documentation is in fact privileged or confidential. The Consultant and the LPA agree that any unauthorized dissemination of any privileged or confidential information or documentation on the part of the Consultant will create liability on the part of the Consultant to the LPA for any damages that may occur as a result of the unauthorized dissemination. The Consultant agrees to hold harmless, indemnify, and release the LPA for any liability that may ensue on the part of the LPA for any unauthorized dissemination of any privileged or confidential information or documentation on the part of the Consultant. SECTION 12. 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 Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 8 - Template Revised 3-16-12 22376A Blondo St, 156th St— Eldorado, Phase 1 - 6 - Template Revised 3-16-12 L me Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . I I I 1'r I 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 13. NON-RAIDING CLAUSE The Consultant shall not engage the services of any person or persons presently in the employ of the State for services covered by this agreement without the prior written consent of the employer of the persons. SECTION 14. GENERAL COMPLIANCE WITH LAWS The Consultant hereby agrees to comply with all federal, state, and local laws and ordinances applicable to the work in effect at the time of the work. SECTION 15. DISPUTES Any dispute concerning a question of fact in connection with the work covered under this agreement will be addressed in accordance with LPA Manual Section 4.4.3.5 DISPUTE RESOLUTION. SECTION 16. RESPONSIBILITY FOR CLAIMS AND LIABILITY (PE) (1-24-12) The Consultant agrees to save harmless the LPA from all claims and liability due to the error, omission, or negligence of the Consultant or those of the Consultant's agents or employees in the performance of services under this agreement. Further, it is expected that in carrying out the work under this agreement, Consultant will make various decisions and judgments and Consultant will determine what actions are required by Consultant and by others to properly complete the work. Nothing in this Agreement shall be interpreted to relieve Consultant from any liability it would otherwise have to LPA in carrying out the work under this agreement. Finally, the Consultant shall for the life of this agreement, carry insurance as outlined in Exhibit "C" and attached hereto, and hereby made a part of this agreement. In any contract Consultant has with.a subconsultant, Consultant shall require that the insurance requirements outlined in Exhibit "C" must be met by the subconsultant. SECTION 17. PROFESSIONAL REGISTRATION The Consultant shall affix the seal of a registered professional engineer or architect licensed to practice in the State of Nebraska, on all plans, documents, and specifications Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 9 - Template Revised 3-16-12 d 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 Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 8 - Template Revised 3-16-12 22376A Blondo St, 156th St— Eldorado, Phase 1 - 6 - Template Revised 3-16-12 L me Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . I ( I I • prepared under this agreement as required by the Nebraska Engineers and Architects Regulations Act, Neb.Rev.Stat §81-3401 et. seq. SECTION 18. SUCCESSORS AND ASSIGNS This agreement is binding on successors and assigns of either party. SECTION 19. DRUG-FREE WORKPLACE POLICY The Consultant shall have an acceptable and current drug-free workplace policy on file with the State. SECTION 20. FAIR EMPLOYMENT PRACTICES ACT The Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as provided by Neb.Rev.Stat. 48-1101 through 48-1126, which is hereby made a part of and included in this agreement by reference. SECTION 21. 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 22. DISADVANTAGED BUSINESS ENTERPRISES The Consultant shall ensure that disadvantaged business enterprises, as defined in 49 CFR 26, have the maximum opportunity to compete for and participate in the performance of subagreements financed in whole or in part with federal funds under this agreement. Consequently, the disadvantaged business requirements of 49 CFR 26 are hereby made a part of and included in this agreement by reference. The Consultant shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of FHWA-assisted contracts. Failure of the Consultant to carry out the requirements set forth above will constitute a breach of this agreement and, after the notification of the FHWA, may result in termination of this agreement by the LPA or such remedy as the LPA deems appropriate. SECTION 23. 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. Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St — Eldorado, Phase 1 - 10 - Template Revised 3-16-12 i documents, and specifications Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 9 - Template Revised 3-16-12 d 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 Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 8 - Template Revised 3-16-12 22376A Blondo St, 156th St— Eldorado, Phase 1 - 6 - Template Revised 3-16-12 L me Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . 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 Subaqreements, 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. 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/ Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 11 - Template Revised 3-16-12 late Revised 3-16-12 22376A Blondo St, 156th St— Eldorado, Phase 1 - 6 - Template Revised 3-16-12 L me Frank Rich z=re y Admmrsvatwn, Signature Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . Subcontractor as a result of such direction, the Consultant may request that the LPA enter into such litigation to protect the interests of the LPA and, in addition, the Consultant may request that the State and United States enter into such litigation to protect the interests of the State and United States. SECTION 24. SUBLETTING, ASSIGNMENT, OR TRANSFER 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. As outlined in the DISADVANTAGED BUSINESS ENTERPRISES Section of this agreement, the Consultant shall take all necessary and reasonable steps to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform subagreements. Any written request to sublet any other work must include documentation of efforts to employ a disadvantaged business enterprise. SECTION 25. CONSULTANT CERTIFICATIONS The undersigned duly authorized representatives 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). I certify compliance with the provisions of Section 81-1715 and, to the extent that this contract is a lump sum 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. I 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). Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 12 - Template Revised 3-16-12 ture Date u=Nebraska Dlvislon, mail=Frank.Rich@dot.gov,c=US Date:2012.04.0311:34:04-05'00' Distribution: Consultant, LPA—RC. State Rep-, FHWA, LPD PC. NDOR Agreements Engineer, Highway Funds Manager, CD PC DR Form 250, February 2012 • Exhibit "B" \\ \ 1 ••• .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . l I 1 f 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 State's determination whether to enter into this agreement. However, failure of the Consultant to furnish a certification or an explanation will disqualify the Consultant from participation in this agreement. c. The certification in this clause is a material representation of fact upon which reliance was placed when the State determined to enter into this agreement. If it is later determined that the Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the State may terminate this agreement for cause or default. d. The Consultant shall provide immediate written notice to the State if at any time 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 State 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 State 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 the 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 Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 13 - Template Revised 3-16-12 .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . 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 State 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 attem tin to or criminal offense in connection with obtaining, attemptingobtain, 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 27. 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. Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 14 - Template Revised 3-16-12 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 Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 13 - Template Revised 3-16-12 .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . 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 28. ALL ENCOMPASSED This instrument embodies the whole 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. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 15 - Template Revised 3-16-12 1 1 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. After being duly sworn on oath, I do hereby acknowledge the foregoing certification and state that I am authorized to sign this agreement.l EXECUTED by the Consultant this Z dSay of 'v , 2012. ALFRED BENESCH & COMPANY Jeff Sockel iii )lj Pri cipal STATE OF NEBRASKA ) )ss. L NCA3TER COUNTY ) Subscribed and sworn to before me this S day of . , 2012. 9I2 '&Uoi dx3'wwo�Aw I. —. Nt°MS-AWION Notary Public EXECUTED by the LPA this OVI ay of 074- ' , 2012. CITY OF OMAHA Jim Suttle .44*(------ ayor Subscribed and sworn to before me this Zitid y of L' , 2012. &y STATE OF NEBRASKA DEPARTMENT OF ROADS Form of Agreement Approved for Federal Funding Eligibility: 41i/ 7-) 4f .g 4(.1r /- , 29/2 Date APPR VED S TO FORM: Project No. MAPA-5127(2) er.1:-/Z Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 16 - DEPUTY I Template Revised 3-16-12 B 0 1 2 0 8 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 27. 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. Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 14 - Template Revised 3-16-12 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 Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 13 - Template Revised 3-16-12 .., • .,,, . .. ., , • ---- r \ ---..--4......t.' , ,- \ \ , • , ..., „ , , ,• _ • • ...• ,,,,\ _ ‘ t i• • t • : .1' '...., ,..."------- . t ' , f I • • 156th Street- West Dodge Road to Corby Phase 1 (Blondo Street) Control Number: 22376A Project Number: MAPA-5127(1)_ r Z %eggies Z m i AN St In 66 •r N Sp uid n9 w o a. Manderson s Z n . St a en W Maple St _ w W Maple Rd w m Rd en en Evans St N 3 Evans St s e r m p a C Birch St o 0 in ^` '' ie v. NEmmet StV Jo EmmeeySr? N BedfordZ Z Cir ae Gs w Z Z Spence«St Eagle w r<°� aP w '~' e,L> w Wirt St ay Wirt Wirt $ Run Dr v 1, 7* sea7' •cot,. � r scar St w 7 et o =BineeY St h Binney St St Wirt St �A CA F o 5� Locust St g ayQy o h1. Q Z q`Ls=ast Locust St Locust Corby St CI Z e , = r+ a Corby St " a. Co �. s Q�*r�a�/St y y COt r►Z S n Z ..e Miami Ohio So Z Z ° < Vr 0, J i 41 aw Z2 Q? r. $ y 2.ri, w Z el GistOhio St Ohio St yons Z A w `�� er N P°e o 'yam N A r CAt take st s Z La' Project Location A A ° av, trskine Lake rro = ? �5th? ce Sherwood Z !• �.__he T ' Cir at 2 1 eke St 15 Ave en u+ L ai St ° c $ Grant GlLG`< Greet n Z p s Grant St G<9� O it r e i6, a Cir '�S Burdet St St a< ` S• w ur.dette St S r p ryC@(+ro z° s cay B Patrick Yates St Yate9q afr�cK « O e G Ave Patric St to • � -+�lgiondo'5t -v Blondo St ye <Ker parker St pat Z Gil a <a 4 St Wi de a cln St skp'b r y Z �iddini 'ire dill-i Hillside Ol :'p�<`w<d Gti< 9tklin 01* 5t v Op. Of H$et>a eit, w w y w st C C�4P et MCP trt Lo0�S Charles �<� CI, es St 'e c Cheri° < haHami Loh roc y eStete Z a Ci, a St < >s j St Ham sw‘°�'a Git Paul Hat�titon S m < >, .b Plc `y t-.aye s ,,n I 9�e�0e EIdorate Aveferh Ave trio WestC4�ing C ° r Hawthorne 0 < Z egr Ave ga: @ r virjip Ave . Z e A r St Z Burt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . 1 1 Y . SCOPE OF SERVICES BLONDO STREET 156th ST. - ELDORADO, PHASE 1 FINAL DESIGN PROJECT: MAPA-5127(2) CONTROL NO.: 22376A LOCATION: OMAHA, NE TYPE OF WORK: RECONSTRUCTION EXHIBIT B PROJECT_DESCRIPTION The scope of the project consists of the reconstruction of the Blondo Street from just east of 156`h Street to just east of El Dorado Avenue for the City of Omaha. The work required for this project includes: construction phasing, roadway final design plans, right-of-way design, and utility coordination. Design and plan preparation will follow Nebraska Department of Roads guidelines including the following: • NDOR Roadway Design Manual • NDOR LPA Guidelines Manual • NDOR Drainage Design and Erosion Control Manual • NDOR Right of Way Design Consultant Manual • NDOR Standard Specifications for Highway Construction, and Standard Plans Some deviations are anticipated to allow for the City of Omaha standard plates and special provisions for the City of Omaha Standard Specifications for Public Works Construction. Other design manuals include the following: • AASHTO Policy on Geometric Design of Highways and Streets • AASHTO Roadside Design Guide • Manual on Uniform Traffic Control Devices LPA/NDOR TO PROVIDE OR COMPLETE 1. Sample plans on a similar project. 2. All Deed and Title Research including deeds for previous R.O.W. projects 3. Control points, ties, and benchmark information. . 4. Any existing LIDAR DTM (DAT or TIN) information on DVD 5. USGS Quad map(s) for the project. 6. Names of known utilities, addresses and permits listing use and occupancy permit data. UNDERSTANDINGS AND ASSUMPTIONS Design efforts will address all aspects of the roadway improvements. Effort not included in this scope of services: 1. Additional Survey necessary to complete Final Design 2. Right-of-Way Tasks including - - Appraisals - Review Appraisals - Acquisition Negotiations - Coordination with Appraisers, Title Company and Negotiators Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 1 of 6 Ci, a St < >s j St Ham sw‘°�'a Git Paul Hat�titon S m < >, .b Plc `y t-.aye s ,,n I 9�e�0e EIdorate Aveferh Ave trio WestC4�ing C ° r Hawthorne 0 < Z egr Ave ga: @ r virjip Ave . Z e A r St Z Burt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . • - NDOR Audit Compliance 3. No 2-K sheets will be developed. The soils reports will be available to all bidders per special provision. 4. No lighting plan will be developed. OPPD will install any lighting needs with their own forces. GENERALINFORIIAATION The Consultant will prepare and submit the following items to the LPA RC: 1. Technical memos for all pertinent meetings 2. Meeting minutes from all meetings 3. Drainage computations, culverts and storm drainage design 4. Miscellaneous correspondence and information related to the project 5. Summary of quantities 6. Permit applications 7. Special Provisions for items not covered in the 2007 edition of the Nebraska Department of Roads Standard Specifications and Special Provisions for Highway Construction. The Consultant will follow the State's CADD drafting procedures and guidelines in preparing the project plans. • Notice to Proceed 07-15-12 • Right-of-Way Appraisal Plans 10-01-12 • Right-of-Way Cleared 05-15-13 • PS&E Submittal 07-13-13 • PS&E Letting Date 11-26-13 The Consultant Project Manager will serve as point of contact, maintain project schedule and budget, and be responsible for coordinating work of sub-Consultants. Provide regular progress reports with invoices. CENERAI PRO 1ECT MEETINGS 1. Progress Meetings (6 mcctings) The Consultant will schedule and attend all progress meetings. The Consultant will create and distribute a meeting agenda at least 48 hours prior to all progress meetings. 2. The Consultant will schedule and attend review meetings to receive the RC's review comments from the submittals. 3. Stakeholder mcctings (6 mcctings) The Consultant and LPA staff will identify key project stakeholders for participation in focus group meetings. The Consultant shall be responsible for distributing meeting invitations, coordinating,meeting locations, facilitating, and preparing meeting minutes. Included with this task is coordination with the agencies or Consultants. It is assumed that these meetings will be held with local churches, local businesses, and residential property owners with driveway impacts. Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 2 of 6 m < >, .b Plc `y t-.aye s ,,n I 9�e�0e EIdorate Aveferh Ave trio WestC4�ing C ° r Hawthorne 0 < Z egr Ave ga: @ r virjip Ave . Z e A r St Z Burt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . 4. Utility He view Meetings/Coordination—(1 meeting) The Consultant will schedule and attend a utility review meeting to coordinate the utility relocations within the project limits. This task also includes effort for coordination via the phone and one-on-one meetings with affected utilities (6 one-on-one meetings are assumed). • 5. Bidding Meetings— (2 meeting) The Consultant will attend a pre-bid and pre-construction meeting during the letting and award process of the project. Included in this task is the preparation of displays and documentation requested by the City. ROADWAY FINAL DESIGN Final plans are considered 90% complete; the remaining 10% would be any revisions resulting from right of way negotiations. The work items to be completed and the level of detail at this stage of the design may be found on Checklist 06-70, Final Plan Review Checklist at the following website (http://www.dor.state.ne.us/gov-aff/Ipa/Ipa- checklists/index.html). The final plans will be shown on the following applicable sheets: • Preliminary Title Sheet (by Consultant) • Title Sheet (Prepared by NDOR PS&E) • Typical Cross-Section Sheets (2T) • Summary of Quantities Sheet (Prepared by NDOR PS&E) • Aerial Photo Sheets (2A) • HorizontalNertical Control Sheets (2H) • General Information Sheet (2N) • Construction Phasing Plans (2P) • Geometric Sheets (2L) • Joints and Grades Sheets (2L) • Construction / Drainage Sheets (2L) • Removal Sheets (2L) • Sediment and Erosion Control Sheets (2L) • Roadway Plan and Profile Sheets (Start with sheet 3) • Traffic Control Sheets • Pavement Marking & Signing Sheets • Lighting Plan Sheets • Earthwork Data Sheets • Storm Drainage Profile Sheets • Detail Sheets (SP-) • Retaining Wall Plan and Profile Sheets (SP-) • Retaining Wall Details (SP-) • Right-of-Way Plans (R-) • Roadway Cross-Section Sheets (X-) After the review and approval of the final plans, the LPD Project Coordinator will issue a notice to proceed with the right of way design to the LPA. A detailed description of the final design task is as follows: Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 3 of 6 Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 2 of 6 m < >, .b Plc `y t-.aye s ,,n I 9�e�0e EIdorate Aveferh Ave trio WestC4�ing C ° r Hawthorne 0 < Z egr Ave ga: @ r virjip Ave . Z e A r St Z Burt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . • • 1. Updates to the Final Limits of Construction Plans The following plans have been developed as part of the Final Limits of Construction plan submittal. This task allows time to modify/ update the existing plans as the project progresses through final design. • Typical Sections (2 sheets) • Aerial Photo Sheets (3 sheets) • HorizontalNertical Control Sheets (1 sheet) • General Information Sheet (1 sheet) • Geometric Sheets (7 sheets) • Construction / Drainage Sheets (7 sheets) • Removal Sheets (7 sheets) • Roadway Plan and Profile Sheets (4 sheets) • Storm Drainage Profile Sheets (7 sheets) • Right-of-Way Plans (8 sheets) • Roadway Cross-Section Sheets (20 sheets) 2. I ratfic Signalization At the intersection of 153rd and Blondo, the Consultant shall provide the City with base plan sheets for their internal staff to draft the signal plans. The consultant shall draft the red-line plans and provide a copy to the City for review. The City shall be responsible to for a professional engineer to sign &seal the final plans. 3. Permanent Pavement Markings & Signing The Consultant shall provide the City with base plan sheets for their internal staff to draft the pavement markings and signing plans. The consultant shall draft the red-line plans and provide a copy to the City for review. The City shall be responsible to for a professional engineer to sign &seal the final plans. 4. Construction Phasing and Construction Traffic Control Develop Construction Phasing plan sheets which will include temporary pavement geometric data, spot elevations and construction notes. Develop a Traffic Control plan with temporary signing, pavement markings, and barricading for the maintenance of traffic during construction. 5. Joints and Grades plans Develop Joints and Grades plan sheets. This task includes developing joint information along the entire project and spot elevations every 25' and at intersections and non- typical transitional sections. 6. Erosion Control plans Develop Erosion Control plan sheets. The Storm Water Pollution Prevention Plan will be part of the erosion control sheets. 7. Retaining Wall Special Plans Develop Special Plans for gravity block retaining walls. This project contains approximately 1,431 linear feet of both cut and fill type walls. Included with this task, develop details for the concrete ditch liner and storm drains behind the wall. Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 4 of 6 ve . Z e A r St Z Burt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . 8. Fencing Special Plans Develop Special Plans for 3 different fence types to replace and/or remove & reset existing neighbor fences. 9. Miscellaneous Special Plans Develop miscellaneous Special Plans for special inlet design, conversion of City Standard Plates and miscellaneous items. 10. Construction l=stimate Prepare the final construction cost estimate to accompany the 90% plan submittal. 11. Special Provisions and Bidding Assistance This task includes preparation of special provisions needed to support the City of Omaha's Standard Specifications for Municipal Construction, current version at time of final submittal. This task also includes time to respond to contractor inquires during the bidding process, assistance to the City in writing addendums to the bid documents, evaluation of bids, and recommendation of award. 12. Draft PS&L Plan Submittal The Consultant shall submit a draft PS&E package, along with all project checklists, to the RC for final review. The package will include the plan set, special provisions, and total project quantities. The Consultant shall prepare an updated total estimate of quantities and project cost estimate. The PS&E plan sheets include the final plans submittal and the following information: • List of standard plans and special plans • Summary of quantities (DR forms 355 and Horse Blankets DR form • PS&E Required Sheet DR Form 280 13. Final PS&F Plan Submittal Upon incorporating review comments into the plan set and special provisions, the Consultant shall prepare and submit all drawings, special provisions, and an estimate of • quantities to the RC for the final PS&E review. After the RC has completed their review of the PS&E plans and specifications, the RC will instruct the Consultant to submit the bid package to the NDOR PC. The bid package includes horse blankets, summary of quantity sheets (DR 342 and DR 343) sealed drawings and special provisions. }'EKMI I AI'PLIC:A I IUNS/AGKEEMENTS The Consultant shall prepare and submit on behalf of the LPA the following permits, agreements, certifications, and forms. The Consultant shall copy the RC on all applications being submitted. • SWPPP - NPDES Permit • Nebraska Department of Environmental Quality(NDEQ) • Grading Permit • Post Construction Stormwater Permit Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 5 of 6 Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 4 of 6 ve . Z e A r St Z Burt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . klUH I-Ut--WAY Right of way plans will be submitted to NDOR for review and approval along with the preliminary right of way cost estimate. If property owners have indicated a willingness to donate the donation request letters (Donation Request Letter, NDOR form PA-3) will be submitted to NDOR for review and approval before authorization to begin appraisals or authorization to complete the donations will be given. Note: The City of Omaha will provide all right-of-way cost estimates. Right-of-way plans are to be prepared after final construction plans have been developed. Final construction plans are considered 90% complete; the remaining 10% would be due to any revisions resulting from the right-of-way negotiations. The Consultant shall develop final right-of-way plans for submittal to PS&E Existing land base files and title research developed by the Consultant or provided by the RC will be used to determine the existing right-of-way and to design the easements and additional right-of-way. Encroachments on existing right-of-way will be noted on the plans. 1. Right of Way Design With coordination from the City of Omaha Right-of-Way department, the Consultant shall prepare legal descriptions (distances and deflections, no bearings or azimuths) for all R.O.W. takings, permanent easements, and temporary easements. 45 tracts are assumed. 2. Revisions during Appraisals/Negotiations/Condemnations The City of Omaha will be conducting the appraisals, negotiations, and condemnations (if necessary). During these activities, the consultant will be required to update/revise different elements of the design. This task allows effort to revise: • Design Plans • Right-of-Way Plans • Tract Maps • Legal Descriptions QUALI I Y ASSURANCE/QUALII Y CON I ROL (QA/QC) The Consultant will provide a copy of their QA/QC plan to the RC at the start of the project. The Consultant will submit in writing that this plan has been used during the project at each submittal with the name of the person responsible for performing the QA/QC the review. Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 6 of 6 t of Environmental Quality(NDEQ) • Grading Permit • Post Construction Stormwater Permit Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 5 of 6 Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 4 of 6 ve . Z e A r St Z Burt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . Final Design Project Cost Project Name: Blondo Street from 156th Street to El Dorado Avenue Project Number: MAPA-5127(2) Control Number: 22376A Location (City, County): Omaha, Douglas Firm Name: Alfred Benesch & Company Consultant Project Manager: Steve McCullough Phone/Email: (402) 657-0734 / smccullough@benesch.com LPA Responsible Charge: Pat Kastl Phone/Email: (402) 444-5032 pat.kastl@ci.omaha.ne.us NDOR Project Coordinator: Barney Helton Phone/Email: (402) 479-3607 / barney.helton@nebraska.gov Date: June 29, 2012 Direct Labor Costs: Hours Rate Amount Personnel Classification Principal 10 $55.50 $555.00 Project Manager/ Senior Engineer 355 $58.90 $20,909.50 Project Engineer 574 $27.29 $15,664.46 Project Designer 406 $30.56 $12,407.36 Environmental Scientist 40 $29.00 $1,160.00 Clerical $15.70 TOTALS 1385 $50,696.32 Direct Expenses: Amount Subconsultants Printing and Reproduction Costs $632.00 Mileage/Travel $150.96 Lodging/ Meals Other Miscellaneous Costs $250.00 TOTALS $1,032.96 Total Project Costs: Amount Direct Labor Costs $50,696.32 Overhead @ 166.43% $84,373.89 Total Labor Costs $135,070.21 Fixed Fee @ 13.30% $17,964.34 Direct Expenses $1,032.96 Consultant Work Order No. 2 PROJECT COST $154,067.51 Consultant Fee Proposal Labor Rates EXHIBIT "B" CN 22376A Page 1 of 4 riptions QUALI I Y ASSURANCE/QUALII Y CON I ROL (QA/QC) The Consultant will provide a copy of their QA/QC plan to the RC at the start of the project. The Consultant will submit in writing that this plan has been used during the project at each submittal with the name of the person responsible for performing the QA/QC the review. Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 6 of 6 t of Environmental Quality(NDEQ) • Grading Permit • Post Construction Stormwater Permit Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 5 of 6 Project No.: MAPA-5127(2) Control No.: 22376A Exhibit B Location: Omaha,NE Sheet 4 of 6 ve . Z e A r St Z Burt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . Final Design Estimate of Hours Project Name: Blondo Street from 156th Street to El Dorado Avenue Project Number: MAPA-5127(2) Control Number: 22376A Location (City, County): Omaha, Douglas Firm Name: Alfred Benesch&Company Consultant Project Manager: Steve McCullough Phone/Email: (402)657-0734 / smccullough@benesch.com LPA Responsible Charge: Pat Kastl Phone/Email: (402)444-5032 pat.kastl@ci.omaha.ne.us NDOR Project Coordinator: Barney Helton Phone/Email: (402)479-3607 / barney.helton@nebraska.gov Date: June 29, 2012 TASKS PERSONNEL CLASSIFICATIONS** PR SR ENG ENG DES ENV CLER Total Final Design Project Management 1 Project Management 10 75 85 General Project Meetings 1 Progress Meetings 12 18 30 2 Review Meetings 4 6 10 3 Stakeholder Meetings 6 12 _ 18 4 Utility Review Meetings 4 22 26 5 Bidding Meetings • 8 28 36 Roadway Final Design 1 Updates to LOC Plans 12 42 42 96 2 Traffic Signalization 30 30 3 Permanent Marking/Signing 30 30 4 Construction Phasing/Traffic Control 20 24 24 68 5 Joints and Grades 12 40 32 84 6 Erosion Control 40 16 56 7 Retaining Wall Special Plans 16 58 40 114 8 Fencing Special Plans 16 40 16 72 9 Miscellaneous Special Plans 12 24 20 56 10 Construction Estimate 8 28 36 11 Special Provisions/Bidding Assistance 20 36 56 12 Draft PS&E 20 50 50 120 13 Final PS&E 20 20 20 60 Permit Applications/Agreements 1 Permit Applications/Agreements 40 40 Right-of-Way 1 Design • 24 58 58 140 2 Revisions 12 28 28 68 Quality Assurance/Quality Control 1 Quality Assurance/Quality Control 54 54 Total Hours 10 355 574 406 40 1,385 Total Days (8 hrs) 1.3 44.4 71.8 50.8 5.0 173.1 CLASSIFICATIONS*: PR Principal SR ENG Project Manager/Senior Engineer ENG . Project Engineer DES Project Designer ENV Environmental Scientist CLER Clerical • • • Consultant Fee Proposal Labor Rates EXHIBIT "B CN 22376A Page 2 of 4 urt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . Final Design Labor Rates Project Name: Blondo Street from 156th Street to El Dorado Avenue Project Number: MAPA-5127(2) Control Number: 22376A Location (City, County): Omaha, Douglas Firm Name: Alfred Benesch &Company Consultant Project Manager: Steve McCullough Phone/Email: (402) 657-0734 / smccullough@benesch.com LPA Responsible Charge: Pat Kastl Phone/Email: (402)444-5032 pat.kastl@ci.omaha.ne.us NDOR Project Coordinator: Barney Helton Phone/Email: (402)479-3607 / barney.helton@nebraska.gov Date: June 29, 2012 Blended Rates Worksheet STAFFING PLAN EMPLOYEE NAME SALARY RATE %ASSIGNED Principal Jeff Sockel $55.50 100.0% $55.50 Project Manager/Senior Engineer Steve McCullough $58.90 100.0% $58.90 Project Engineer Stephanie Rathburn $34.50 30.0% Chris Hennings $24.20 70.0% $27.29 Project Designer Mark Peters $35.30 70.0% Crystal Baldwin $19.50 30.0% $30.56 Environmental Scientist Craig Mielke • $39.00 50.0% Sarah Zink $19.00 50.0% $29.00 Clerical Dianne Bruckner $15.70 100.0% $15.70 Consultant Fee Proposal Labor Rates EXHIBIT "B" CN 22376A Page 3 of 4 58 40 114 8 Fencing Special Plans 16 40 16 72 9 Miscellaneous Special Plans 12 24 20 56 10 Construction Estimate 8 28 36 11 Special Provisions/Bidding Assistance 20 36 56 12 Draft PS&E 20 50 50 120 13 Final PS&E 20 20 20 60 Permit Applications/Agreements 1 Permit Applications/Agreements 40 40 Right-of-Way 1 Design • 24 58 58 140 2 Revisions 12 28 28 68 Quality Assurance/Quality Control 1 Quality Assurance/Quality Control 54 54 Total Hours 10 355 574 406 40 1,385 Total Days (8 hrs) 1.3 44.4 71.8 50.8 5.0 173.1 CLASSIFICATIONS*: PR Principal SR ENG Project Manager/Senior Engineer ENG . Project Engineer DES Project Designer ENV Environmental Scientist CLER Clerical • • • Consultant Fee Proposal Labor Rates EXHIBIT "B CN 22376A Page 2 of 4 urt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . . Final Design Direct Expenses Project Name: Blondo Street from 156th Street to El Dorado Avenue Project Number: MAPA-5127(2) Control Number: 22376A Location (City, County): Omaha, Douglas Firm Name: Alfred Benesch&Company Consultant Project Manager: Steve McCullough Phone/Email: (402)657-0734 / smccullough@benesch.com LPA Responsible Charge: Pat Kastl Phone/Email: (402)444-5032 pat.kastl@ci.omaha.ne.us NDOR Project Coordinator: Barney Helton Phone/Email: (402)479-3607 / barney.helton@nebraska.gov Date: June 29,2012 Subconsultants: Quantity Unit Cost Amount N/A Subtotal Printing and Reproduction: Quantity Unit Cost Amount 140-34"x22"plan sheets plotted 2 times 280 $1.50 $420.00 140- 11"x17" half size plan sheets plotted 10 times 1400 _ $0.08 $112.00 1000 black&white copies 1000 $0.08 $80.00 • 100 color copies 100 $0.20 $20.00 Subtotal $632.00 Mileage/Travel: Quantity Unit Cost Amount Mileage: 16 miles x 17 trips 272 $0.555 $150.96 Subtotal $150.96 Lodging/Meals: Quantity Unit Cost Amount N/A Subtotal Other Miscellaneous Costs: Quantity Unit Cost Amount Miscellaneous Postage, Mailing, Deliveries Etc. 1 $250.00 $250.00 Subtotal $250.00 TOTAL DIRECT EXPENSES $1,032.96 Consultant Fee Proposal Labor Rates • EXHIBIT"B" CN 22376A Page 4 of 4 rovisions/Bidding Assistance 20 36 56 12 Draft PS&E 20 50 50 120 13 Final PS&E 20 20 20 60 Permit Applications/Agreements 1 Permit Applications/Agreements 40 40 Right-of-Way 1 Design • 24 58 58 140 2 Revisions 12 28 28 68 Quality Assurance/Quality Control 1 Quality Assurance/Quality Control 54 54 Total Hours 10 355 574 406 40 1,385 Total Days (8 hrs) 1.3 44.4 71.8 50.8 5.0 173.1 CLASSIFICATIONS*: PR Principal SR ENG Project Manager/Senior Engineer ENG . Project Engineer DES Project Designer ENV Environmental Scientist CLER Clerical • • • Consultant Fee Proposal Labor Rates EXHIBIT "B CN 22376A Page 2 of 4 urt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . EXHIBIT "C" INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE PROVIDERS LPA PROJECTS Consultant agrees to: (1) Make a detailed review of its existing insurance coverage, (2) Compare that coverage to the expected scope of the work under this contract, (3) Obtain the insurance coverage that it deems necessary to fully protect Consultant from loss associated with the work. Also, Consultant shall have at a minimum the insurance described below: General Liability— Limits of at least: $ 1,000,000 Per Occurrence $ 2,000,000 General Aggregate $ 2,000,000 Completed Operations Aggregate (if applicable) $ 1,000,000 Personal/Advertising Injury • Consultant shall be responsible for the payment of any deductibles. • Coverage shall be provided by a standard form Commercial General Liability Policy covering bodily injury, property damage including loss of use, and personal injury. • General Aggregate to apply on a Per Project Basis. • The LPA shall be named as Additional Insured on a primary and non-contributory basis including completed operations (the completed work/product) for three (3) years after the work/product is complete. • Consultant agrees to waive its rights of recovery against the LPA. Waiver of Subrogation in favor of the LPA shall be added to, or included in, the policy. • Contractual liability coverage shall be on a broad form basis and shall not be amended by any limiting endorsements. • If work is being done near a railroad track, the 50' railroad right of way exclusion must be deleted. • In the event that this contract provides for consultant to construct, reconstruct or produce a completed product, products and completed operations coverage in the amount provided above shall be maintained for the duration of the work, and shall be further maintained for a minimum period of five years after final acceptance and payment. Project No. MAPA-5127(2) Exhibit "C" Control No. 22376A Blondo St, 156th St - Eldorado, Phase 1 ns 12 28 28 68 Quality Assurance/Quality Control 1 Quality Assurance/Quality Control 54 54 Total Hours 10 355 574 406 40 1,385 Total Days (8 hrs) 1.3 44.4 71.8 50.8 5.0 173.1 CLASSIFICATIONS*: PR Principal SR ENG Project Manager/Senior Engineer ENG . Project Engineer DES Project Designer ENV Environmental Scientist CLER Clerical • • • Consultant Fee Proposal Labor Rates EXHIBIT "B CN 22376A Page 2 of 4 urt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . • 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.") • Pollution Coverage— • 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$1.0 million per occurrence or claim and $1.0 million aggregate. 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 the Consultant. Automobile Liability— Limits of at least: $ 1,000,000 CSL Per Accident • Coverage shall apply to all Owned, Hired, and Non-Owned Autos. Workers' Compensation -- Limits: Statutory coverage for the State where the project is located. Employer's Liability limits: $100,000 Each Accident $100,000 Disease— Per Person $500,000 Disease— Policy Limit • Consultant agrees to waive its rights of recovery against the LPA. Waiver of Subrogation in favor of the LPA shall be added to, or included in, the policy Professional Liability— Limits of at least: $ 1,000,000 Per Claim and Annual Aggregate • Coverage shall be provided for three years after work/project completion. Electronic Data and Valuable Papers— Limits of at least: $100,000 Electronic Data Processing Data and Media $25,000 Valuable Papers Umbrella/Excess— Limits of at least: $1,000,000 Per Occurrence and Annual Aggregate • Policy shall provide liability coverage in excess of the specified Employers Liability, Commercial General Liability and Auto Liability. • The LPA, shall be an "Additional Insured". • Consultant agrees to waive its rights of recovery against the LPA. Waiver of subrogation Project No. MAPA-5127(2) Exhibit "C" Control No. 22376A Blondo St, 156th St - Eldorado, Phase 1 55 574 406 40 1,385 Total Days (8 hrs) 1.3 44.4 71.8 50.8 5.0 173.1 CLASSIFICATIONS*: PR Principal SR ENG Project Manager/Senior Engineer ENG . Project Engineer DES Project Designer ENV Environmental Scientist CLER Clerical • • • Consultant Fee Proposal Labor Rates EXHIBIT "B CN 22376A Page 2 of 4 urt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . • • in favor of the LPA shall be provided. Additional Requirements — • Any insurance policy shall be written by a reputable insurance company acceptable to the LPA or with a current Best's Insurance Guide Rating of A — and Class VII or better, and authorized to do business in Nebraska. • Evidence of such insurance coverage in effect shall be provided to the LPA in the form of an Accord certificate of insurance executed by a licensed representative of the participating insurer(s). • For so long as insurance coverage is required under this agreement, the Consultant shall have a duty to notify the LPA and the State of Nebraska Department of Roads (State) when the Consultant knows, or has reason to believe, that any insurance coverage required under this agreement will lapse, or may be canceled or terminated. The Consultant must forward any pertinent notice of cancelation or termination to the LPA and to the State by mail (return receipt requested), hand-delivery or facsimile transmission within 2 business days of receipt by Consultant of any such notice from an insurance carrier. Copies of notices received by the Consultant shall be sent to the LPA, in care of the LPA's Responsible Charge and to the State at the following address: Nebraska Department of Roads Construction Division — Insurance Section 1500 Highway 2, P. O. Box 94759 Lincoln, NE 68509-4759 Facsimile No. 402-479-4854 • • Failure of the owner or any other party to review, approve, and/or reject a certificate of insurance in whole or in part does not waive the requirements of this agreement. • The Limits of Coverage's set forth in this document are suggested minimum limits of coverage. The suggested limits of coverage shall not be construed to be a limitation of the liability on the part of the consultant or any of its subconsultants/tier subconsultants. The carrying of insurance described shall in no way be interpreted as relieving the consultant, subconsultant, or tier subconsultant of any responsibility of liability under the contract. • If there is a discrepancy of coverage between this document and any other insurance specification Tor this project, the greater limit or coverage requirement shall prevail. Project No. MAPA-5127(2) Exhibit "C" Control No. 22376A Blondo St, 156th St - Eldorado, Phase 1 SSIFICATIONS*: PR Principal SR ENG Project Manager/Senior Engineer ENG . Project Engineer DES Project Designer ENV Environmental Scientist CLER Clerical • • • Consultant Fee Proposal Labor Rates EXHIBIT "B CN 22376A Page 2 of 4 urt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . FEES AND PAYMENTS EXHIBIT "D" A. Payment Method. Payment under this agreement will be made based on Actual Costs plus a Fixed Fee for profit. B. Total Agreement Amount. For performance of the services as described in this agreement, the Consultant will be paid a fixed-fee-for-profit of$17,964.34 and up to a maximum amount of$136,103.17 for actual costs as defined in paragraph "H" of this section. The total agreement amount is $154,067.51. The Consultant's compensation shall not exceed this maximum amount without prior written approval of the LPA. C. Ineligible Costs. The LPA is not responsible for costs incurred prior to the Notice-to- Proceed date or after the completion deadline date set out in the NOTICE TO PROCEED AND COMPLETION section of this agreement or as provided in a written time extension notification. D. Federal Cost Principles. For performance of Services under the terms of this agreement, the Consultant will be paid subject to the terms of this agreement and all requirements and limitations of the federal cost principles contained in the Federal Acquisition Regulation (48 CFR 31). E. Federal-aid. (2-1-12) LPA will not make payments directly to Consultant for services performed under this agreement. Instead, the State will serve as a paying agent for LPA, and will pay Consultant directly for properly submitted and approved invoices using both LPA and Federal funds based on the applicable project federal cost participation percentage. The following process shall apply whenever the LPA, the State or the FHWA determines that certain costs, previously paid to Consultant, should not have been paid with federal funds by the State to Consultant. Consultant shall immediately repay the State the federal share of the previously paid amount and may invoice LPA for the costs repaid to the State. LPA shall promptly pay the full amount of the invoice from its own funds unless LPA, in good faith, disputes whether the Consultant is entitled to the payment under the agreement or the amount of the invoice. In the event of a dispute between LPA and Consultant, the dispute resolution process of Section 18 herein shall be used by the parties. F. Subconsultant Over-runs and Under-runs. The Consultant shall require any subconsultant to notify Consultant if at any time the subconsultant determines that its costs will exceed its negotiated fee estimate. The Consultant shall not allow any Project No. MAPA-5127(2) EXHIBIT "D" Control No. 22376A Sheet 1 of 7 Blondo St, 156th St— Eldorado, Phase 1 Template revised 3-30-12 posal Labor Rates EXHIBIT "B CN 22376A Page 2 of 4 urt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . .I 1 1 t 1 \ f 1 subconsultant to exceed its negotiated fee estimate without prior written approval of the LPA. The Consultant understands that the amount of any subconsultant cost under-run will be subtracted from the total compensation to be paid to Consultant under this agreement, unless prior written approval is obtained from the LPA and, when applicable, FHWA. G. Out of Scope Services and Consultant Work Orders. The LPA may request that Consultant provide services that, in the opinion of Consultant, are in addition to or. different from those set out in the Scope of Services. When the LPA decides that these services require an adjustment in costs, the Consultant shall: (a) describe the proposed services, (b) provide an explanation why Consultant believes that the proposed services are not within the original scope of services and additional work effort is therefore required, and (c) estimate the cost to complete the services. Consultant must receive written approval from the LPA before proceeding with the out-of-scope services. Before written approval will be given by the LPA, the LPA must determine that the situation meets the following criteria: • That the additional work is beyond the scope of services initially negotiated with Consultant; and • That the proposed services are within the scope of the Request for Proposal under which Consultant was selected and contract entered into; and • That it is in the best interest of the LPA that the services be performed under this agreement. Once the need for a modification has been established, a supplemental agreement will be prepared. If the additional work requires the Consultant to incur costs prior to execution of a supplemental agreement, the LPA shall use the process set out below: • The Consultant Work Order (CWO)— DR Form 250 shall be used to describe and provide necessary justification for the additional the scope of services, effort, the deliverables, modification of schedule, and to document the cost of additional services. The CWO form is available on the Department of Roads website at www.transportation.nebraska.gov/qov-aff/Ipa-guide-man.html#forms4. The CWO must be 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. Project No. MAPA-5127(2) EXHIBIT "D" Control No. 22376A Sheet 2 of 7 Blondo St, 156th St— Eldorado, Phase 1 Template revised 3-30-12 ised 3-30-12 posal Labor Rates EXHIBIT "B CN 22376A Page 2 of 4 urt St Z Byrr e,�ls Cite/0-a vl,It a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . , H. Payments. Payment for work under this agreement will be made based on actual costs plus a fixed fee for profit. Actual costs include direct labor costs, direct non-labor costs, and overhead costs. (1) Direct Labor Costs are the earnings that individuals receive for the time they are working directly on the project. (a) Hourly Rates: For hourly employees, the hourly earnings rate shall be the employee's straight time hourly rate for the pay period in which the work was performed. If overtime hours are worked on this project, the premium pay portion of those hours is not allowable as a direct labor cost. 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 records: The hours charged to the project must be supported by adequate time distribution records. The records must clearly indicate the distribution of hours to all activities on a daily basis for the entire pay period, and there must be a system in place to ensure that time charged to each activity is accurate. (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, 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 Project No. MAPA-5127(2) EXHIBIT "D" Control No. 22376A Sheet 3 of 7 Blondo St, 156th St— Eldorado, Phase 1 Template revised 3-30-12 a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . Revenue Service (IRS) through its Revenue Procedures. Reimbursement for mileage associated with the use of a privately owned vehicle (POV), is limited to the lesser of: 1) The mileage rate which the consultant reimbursed to the person who submitted the claim for POV use, or 2) The prevailing standard rate as established by the IRS. (b) Automobile Rentals and Air Fares will be actual reasonable cost and if discounts are applicable the Consultant shall give the LPA the benefit of all discounts. (c) The reimbursement for meal and lodging rates shall be limited to the prevailing standard rate as indicated in the current website address for U.S. General Services Administration's (GSA) rates which is indicated below: http://www.gsa.gov/portal/category/100120 1) For the Consultant and its employees to be eligible for the meal allowance, the following criteria must be met. Breakfast: a) Employee is required to depart at or before 6:30 a.m., or b) Employee is on overnight travel. Lunch: a) Employee must be on overnight travel. No reimbursement for same day travel. b) Employee is required to leave for overnight travel at or before 11:00 a.m., or c) Employee returns from overnight travel at or after 2:00 p.m. Dinner: a) Employee returns from overnight travel or work location at or after 7:00 p.m., or b) Employee is on overnight travel. Meals are not eligible for reimbursement if the employee eats within 20 miles of the headquarters town of the employee. The Consultant shall note the actual lodging and meal costs in a daily diary, expense report, or on the individual's time report along with the time of 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 Project No. MAPA-5127(2) EXHIBIT"D" Control No. 22376A Sheet 4 of 7 Blondo St, 156th St— Eldorado, Phase 1 Template revised 3-30-12 wned vehicles shall be the prevailing standard rate as established by the Internal Project No. MAPA-5127(2) EXHIBIT "D" Control No. 22376A Sheet 3 of 7 Blondo St, 156th St— Eldorado, Phase 1 Template revised 3-30-12 a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . ) I I I I rate increases which occur during the project period will not be cause for an increase in the maximum amount established in this agreement. 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"13.30%". Upon completion of the work under this agreement, the Consultant shall invoice the LPA any remaining Fixed Fee for Profit. If all of the work under this agreement is not completed for any reason, fixed fee for profit will be adjusted based on the LPA's determination of the actual percentage of work completed. J. Invoices and Progress Reports. The Consultant shall submit invoices to the LPA no more frequently than at monthly intervals and in accordance with the "LPA Reimbursement Procedures" which can be found on the State's website at: http://www.transportation.nebraska.gov/qov-aff/Ipa-quide-man.html#policies4. The invoices must present actual direct labor, actual overhead, actual direct non-labor costs, as well as the Fee for Profit based upon the actual direct labor and overhead costs billed for that period. The invoices must identify each employee by name and classification, the hours worked, and each individual's actual labor cost. Direct non-labor expenses must be itemized and provide a complete description of each item billed. Each monthly invoice must include a completed "Cost Breakdown Form" (see State's webpage at http://www.transportation.nebraska.gov/qov-aff/Ipa-guide-man.html) and must be substantiated by a progress report which is to include/address, as a minimum: 1. A description of the work completed for that period 2. A description of the work anticipated for the next pay period 3. Information needed from the LPA 4. Percent of work completed to date Consultant shall submit a progress report monthly even if Consultant does not submit a monthly invoice. K. Progress Payments. Payments will not be made unless the monthly progress reports provide adequate substantiation for the work and the LPA and the State determine that the work has been properly completed. The State, on behalf of the LPA, will make a reasonable effort to pay the Consultant within 30 days of receipt of the Consultant invoices. Project No. MAPA-5127(2) EXHIBIT"D" Control No. 22376A Sheet 5 of 7 Blondo St, 156th St- Eldorado, Phase 1 Template revised 3-30-12 156th St— Eldorado, Phase 1 Template revised 3-30-12 a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . L. Final Invoice. Upon completion of the work under this agreement, the Consultant shall submit their final invoice with a letter identifying it as the final invoice. The letter shall also include the following information/statements: 1. Project name/location, project number, control number, service provided, and agreement number. 2. All the work under this agreement has been completed and all required deliverables have been submitted to the LPA, 3. Consultant has no outstanding issues to be resolved regarding the work under this agreement. In addition, the Consultant shall review the overhead costs billed to-date to determine if the overhead rates used on the progress billings match the actual allowable rate applicable to the time period that the labor was incurred. If cost adjustments are necessary, they should be reflected on the final invoice. If a particular year's actual overhead has not yet been computed or approved by the State, the most recent years accepted rate should be applied. M. Final Payment. Upon determination by the LPA and the State that the work was adequately substantiated and completed in accordance with this agreement, payment will be made in the amount of the approved final invoice. The acceptance by the Consultant of the final payment will constitute and operate as a release to the LPA and the State for all claims and liability to the Consultant, its representatives, and assigns, for any and all things done, furnished, or relating to the services rendered by or in connection with this agreement or any part thereof. N. Audit and Final Cost Adjustment. Upon acceptance by the LPA and the State, the State, or its authorized representative, may complete an audit review of the payments made under this agreement. The Parties understand that the audit may require an adjustment of the payments made under this agreement. The Consultant agrees to reimburse the State for any overpayments identified in the audit review, and State agrees to pay Consultant for any identified underpayments. O. Consultant Cost Record Retention. The Consultant shall 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 the State. Such materials must be Project No. MAPA-5127(2) EXHIBIT "D" Control No. 22376A Sheet 6 of 7 Blondo St, 156th St— Eldorado, Phase 1 Template revised 3-30-12 o St, 156th St- Eldorado, Phase 1 Template revised 3-30-12 156th St— Eldorado, Phase 1 Template revised 3-30-12 a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . available for inspection by the LPA, State, FHWA, or any authorized representative of the federal government, and when requested, the Consultant shall furnish copies. Project No. MAPA-5127(2) EXHIBIT "D" Control No. 22376A Sheet 7 of 7 Blondo St, 156th St— Eldorado, Phase 1 Template revised 3-30-12 nt 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. MAPA-5127(2) Control No. 22376A Blondo St, 156th St— Eldorado, Phase 1 - 15 - Template Revised 3-16-12 1 1 . c-ZSA CITY OF OMAHA 47 LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: --:: WHEREAS, a Program Agreement with the Nebraska Department of Roads TNDOR),for reconstructing Blondo Street from just east of 156th Street to Eldorado Drive,knovni`as Federal Aid Project MAPA-5127(2), State Control No. 22376A, and OPW 52288, was approvedPby the City Council by Resolution No. 250 on February 28, 2012 and, , °` WHEREAS, additional final design services are required for this phase of the project, the scope of which Alfred Benesch & Company has agreed to perform according to the attached Engineering Design Services Agreement, which by this reference becomes part hereof; and, WHEREAS, Federal Surface Transportation Funds are programmed to pay the majority of eligible costs of the new project, with the remaining local share, estimated to be $30,813.50, which will be paid from the 2010 Transportation Bond Fund 13183, 2012 Issue Transportation Bond Organization 117117. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Engineering Design Services Agreement with Alfred Benesch & Company for final design engineering services on the project known as MAPA-5127(2), State Control No. 22376A, and OPW 52288, being improvements to Blondo Street from just east of 156th Street to Eldorado Drive, with the local share, estimated to be $30,813.50 to be paid from the 2010 Transportation Bond Fund 13183, 2012 Issue Transportation Bond Organization 117117, is hereby approved; and, THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha. 1519htp APPROVED AS TO FORM: _.,- 4....----- QtCLTY ATTORNEY DATE 4By %- Exhibit«B„ Co '1member Adopted G...2.. ..ZO.i... 7-0 ems.. ./4 it 0/;01i Approved Mayor ost Record Retention. The Consultant shall 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 the State. Such materials must be Project No. MAPA-5127(2) EXHIBIT "D" Control No. 22376A Sheet 6 of 7 Blondo St, 156th St— Eldorado, Phase 1 Template revised 3-30-12 o St, 156th St- Eldorado, Phase 1 Template revised 3-30-12 156th St— Eldorado, Phase 1 Template revised 3-30-12 a'card St Q A co A yL 7s� 0. y� r Z St `rw a Z r �t Ci ,Ar a9 a .� 3 rr H CT"' PA tiv Burt o«o gg S °`l', 04' °' 4' to e 5 St •�Pie Dr wa Goa, !n 3<a " " en 0 N d IA T 6 4'a t' ` Webs '." 4 ib teia St Z ,Z ^.4," Q M D t'aiiforhia .rt St 146Ak9 a P� Ci4#� FNB .t° GI 2 a St .e Z 96 u" Cass St 2 •kwy f.Z e lj . V Z a`t- Calif y n e s r wCass Z °rnia St A N y bty Frontage Rd w,Cir. __ e,Rd --- w Dodge ^_woodgesRd. -_ ._ W'Dodg _ 0w G.an ili 7 .► Frontage C' Frontage r ogt 2 o a0' Wycliffe o�,. 6icago Chicai T. Clr Project No. MAPA-5127(2) Control No. 22376A Blondo St, 156th St- Eldorado, Phase 1 Exhibit "A" t • : .1' '...., ,..."------- . r. -. . c C� C�cp ,- o5, co C�ritd �a/- ° > rri .rJ 0-' CD J '-, C ••0-• 0.Q' i• , 0 ~ NNE ° ¢, ''d 0 CD 0• O rr J co,' p ° Q fD a ,,,,,.. `— CD Q-. `b to h r-r 88D d r� N N N ° d. 01 C P d C•"� O CD C. ' N cD CD ' Z CDEn '� r+ A) cn "'0 (D 0 00 .-.CA • 0 Q �. C 0co . A, OOW" Oo � � R°U�Q9 r� ►h . :sue P p "-,. A4 O O A� �, P Po �, too 0 D.0 0CA cr, \ N. cD o = °� 0 0 'Ti O C 0 CD x `C 0 0 0 CA 0 (D • C t c air y\'• ,,,