RES 2022-0531 - PSA with Felsburg Holt & Ullevig for OPW 52957 - Signal Infrastructure Phase C1, CN 22865 - preliminary engineering services City Clerk Office Use Only:
��-055l Publication Date(if plica le):
RESOLUTION NO. ,-�� L1
Agenda Date:
22.
Department: PULI6— "PS
Submitter: t. " Ord k 4
J
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City Council approved an Agreement with the State of Nebraska Department
of Transportation (NDOT) by Council Resolution No. 1128 on October 26, 2021 for Federal funding
for Signal Infrastructure Phase C1 Project identified as OPW 52957; and,
WHEREAS, in the above agreement the City of Omaha has pledged sufficient funds to
finance its share of the cost of construction of this project identified as Federal Aid Project MAPA-
28(143), State Control No. 22865, and that the City of Omaha would pay costs as set forth in the
agreement; and,
WHEREAS, the City has selected Felsburg Holt & Ullevig to provide preliminary engineering
services for this project according to the attached Professional Services Agreement, which by this
reference is made part hereof, for the sum not to exceed $256,573.77, 80% of which will be paid
from federal funds and the City's local share, being $51,314.75, will be paid from the 2018
Transportation Bond Fund 13185, Organization 117117.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, as recommended by the Mayor, the Professional Services Agreement between the
City of Omaha and Felsburg Holt & Ullevig for preliminary engineering services on Project MAPA-
28(143), State Control No. 22865, and OPW 52957, Signal Infrastructure Phase C1 Project, with
a cost to the City of$51,314.75, which will be paid from the 2018 Transportation Bond Fund 13185,
Organization 117117, is hereby approved.
BE IT FURTHER RESOLVED THAT:
THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached
Agreement on behalf of the City of Omaha.
1134cvr VED AS TO FORM:
. Si/���z
DE UTY CITY ATTORNEY DATE
-�f� Exhibit "E"
Adopted: MAY 24 ? V
Attest:
City Clerk
Approved: `
or
ACTINGM-
Agreement No. BK2237
NTP Date
Agreement Amount CPFF $256,573.77
PROFESSIONAL SERVICES AGREEMENT
LPA PROJECTS
PRELIMINARY ENGINEERING SERVICES
CITY OF OMAHA, NEBRASKA
FELSBURG HOLT & ULLEVIG
PROJECT NO. MAPA-28(143)
CONTROL NO. 22865
OMAHA SIGNAL INFRASTRUCTURE PHASE C1
THIS AGREEMENT is between the City of Omaha, Nebraska ("LPA") and Felsburg Holt &
Ullevig ("Consultant"), collectively referred to as the "Parties".
WITNESSETH
WHEREAS, State is authorized by state law to assist Nebraska Local Public Agencies,
hereinafter referred to as LPA or LPAs, with obtaining and expending federal funds for local
transportation projects, and
WHEREAS, State is presently assisting LPAs in the development of Federal-aid LPA
transportation projects for local streets, roads and facilities, and
WHEREAS, LPA desires that this project be developed and constructed under the designation
of Project No. MAPA-28(143) and formally authorizes the signing of this Agreement, as
evidenced by the Resolution of LPA dated day of , 20 , attached
as Exhibit"E" and incorporated herein by this reference, and
WHEREAS, LPA used a qualification-based selection process to select Consultant to provide
Preliminary Engineering Services, hereinafter referred to as Services, and
WHEREAS, Consultant is qualified to do business in Nebraska and has met all requirements of
the Nebraska Board of Engineers and Architects to provide consultant engineering services in
the State of Nebraska, and
WHEREAS, LPA and Consultant wish to enter into this Agreement to specify the duties and
obligations of the Parties for the Services described herein, and
WHEREAS, Consultant is willing to perform Services in accordance with the terms hereinafter
provided, agrees to comply with all federal, state, and local laws and ordinances applicable to
this Agreement, and agrees to comply with all applicable federal-aid transportation project
related program requirements, so that Consultant's costs under this agreement will be eligible
for federal reimbursement, and
WHEREAS, LPA and Consultant intend that these Services be completed in accordance with
the terms and conditions of the Nebraska LPA Guidelines Manual for Federal Aid Projects;
hereinafter referred to as LPA Manual (See definition in Section 1), and
WHEREAS, Consultant should request from LPA or State the contact information for
Consultant's primary point of contact for this project, and
WHEREAS, the Parties understand that this Agreement will be posted to a publicly accessible
database of State agreements pursuant to the requirements Neb.Rev.Stat. § 84-602.04.
NOW THEREFORE, in consideration of these facts and mutual promises, the Parties hereto
agree as follows:
T-AGR-1 (rev 8-09-18) Page 1 of 16
PROFESSIONAL SERVICES AGREEMENT
SECTION 1. DEFINITIONS
WHEREVER in this Agreement the following terms are used, they shall have the following
meaning:
"LPA" for this Agreement LPA means City of Omaha, Nebraska, who has jurisdictional
responsibility over the transportation facility that will be the subject of this Agreement with
Consultant. In this Agreement, LPA may also be used to refer to all Local Public Agencies,
collectively. Local Public Agencies include, but are not necessarily limited to; Nebraska Cities,
Villages, Counties, Political Subdivisions, Native American Tribes, and other entities or
organizations found to be eligible sub recipients of federal funds for transportation projects.
"CONSULTANT" means the firm of Felsburg Holt & Ullevig and any employees thereof,
whose business and mailing address is 11422 Miracle Hills Drive, Suite 115, Omaha,
Nebraska 68514.
"SUBCONSULTANT/SUBCONTRACTOR" means the firm of CONSOR Engineers, LLC dba
Apex Design and any employees thereof, whose business and mailing address is 1675
Larimar Street, Denver, Colorado 80202.
"SUBCONSULTANT/SUBCONTRACTOR" means the firm of R. W. Engineering &
Surveying, Inc. and any employees thereof, whose business and mailing address is 7525
North 101st Street, Omaha, Nebraska 68122.
"LPA MANUAL" means the Nebraska Department of Transportation's 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://dot.nebraska.gov/media/6319/Ipa-cluidelines.pdf.
"STATE" means the Nebraska Department of Transportation in Lincoln, Nebraska, its Director,
or authorized representative. The State will act as an agent of LPA and will represent the
interests of the United States Department of Transportation in the development and construction
of such LPA's project when State is managing the project on behalf of the LPA.
"FHWA" means the Federal Highway Administration, United States Department of
Transportation, Washington, D.C. 20590, acting through its authorized representatives.
SECTION 2. This section has intentionally been left blank.
SECTION 3. This section has intentionally been left blank.
SECTION 4. NOTICE TO PROCEED AND COMPLETION SCHEDULE
4.1 LPA, or State on behalf of LPA, will issue Consultant a written Notice-to-Proceed upon
full execution of this Agreement. Any work or services performed by Consultant on the
project prior to the date specified in the written Notice-to-Proceed is not eligible for
reimbursement.
4.2 In the event that prior to the Effective Date of this Agreement, LPA or State, on LPA's
behalf, issue Consultant a Notice-to-Proceed and Consultant began work, State, on
LPA's behalf, will pay for such work in accordance with this Agreement and the Parties
are bound by this Agreement as if the work had been completed after the Effective Date
of the Agreement.
Project No. MAPA-28(143) Page 2 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
4.3 Consultant shall complete the Services according to the schedule in attached Exhibit"A"
and shall complete all Services required under this Agreement in a satisfactory manner
by December 31, 2023. Costs incurred by Consultant after the completion date, are not
eligible for reimbursement unless Consultant has received a written extension of time
from LPA or State, on LPA's behalf. Extensions of the time to complete the Services
must not be construed as an extension to the duration of the agreement.
4.4 The completion date will not be extended because of any avoidable delay attributed to
Consultant, but delays not attributable to Consultant, such as delays attributable to LPA
or State, may, upon request, constitute a basis for an extension of time.
SECTION 5. DURATION OF THE AGREEMENT (Matches Construction Project Lifespan)
5.1 Effective Date—This Agreement is effective when executed by the Parties.
5.2 Expiration Date-- This Agreement expires when State has (a) completed the project final
audit and cost settlement or(b) waived the requirement of a financial audit.
5.3 Duration of the Agreement—The Agreement duration is from the Effective Date to the
Expiration Date. The Agreement duration is "specified" under Neb. Rev. Stat. § 73-506
to the period of time necessary for a Consultant to complete the applicable phase or
phases of the development of this particular federal, state or locally funded construction
project, including when applicable, the time during construction of the project
5.4 Identifying Date—This Agreement may be identified by the date LPA signed the
agreement.
5.5 Termination or Suspension— LPA, or State on LPA's behalf, reserves the right to
terminate or suspend this Agreement at any time for any of the reasons provided herein.
SECTION 6. SCOPE OF SERVICES
6.1 LPA and Consultant understand that the Services provided by Consultant must be
completed in accordance with all federal-aid reimbursement requirements and
conditions. Consultant shall provide Preliminary Engineering Services for Project
MAPA-28(143) Omaha Signal Infrastructure Phase C1, in Douglas County, Nebraska.
The Scope of Services ("Services") is outlined in Exhibit "A", which is attached and
incorporated herein by this reference.
6.2 Exhibits "B" and "C" are the result of the following process:
• Consultant was provided with a document describing the detailed proposed
Scope of Services for this project.
• Consultant made necessary and appropriate proposed additions, deletions, and
revisions to the detailed Scope of Services document.
• Consultant participated in a review of the proposed Scope of Services, and the
proposed revisions, and negotiated the final detailed Scope of Services and Fee
Proposal document, as shown in Exhibit "A", Scope of Services, and Exhibit"B",
Consultants Fee Proposal.
6.3 LPA, or State on LPA's behalf, has the absolute right to add or subtract from the Scope
of Services at any time and such action on its part will in no event be deemed a breach
of this agreement. The addition or subtraction will become effective seven days after
mailing written notice of such addition or subtraction.
Project No. MAPA-28(143) Page 3 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
6.4 Any change in the Services will follow the process specified in the Out of Scope Services
and Consultant Work Orders section in Exhibit"C", which is attached and incorporated
herein by this reference.
SECTION 7. STAFFING PLAN (PE)
7.1 Consultant has provided LPA and State with Staffing Plan(s), described in Exhibit "B",
which is attached and incorporated herein by this reference. The Staffing Plan(s)
identifies the employees of Consultant and Subconsultant who are anticipated to provide
Services under this Agreement. Consultant understands that LPA and State are relying
on key personnel from the Staffing Plan(s) to be primarily responsible for completing the
Services under this Agreement. LPA and State consider the Principals, Senior level staff,
Project Managers, Team Leaders or other similar classifications, to be the key personnel
for the Services provided. Consultant and Subconsultant may make occasional
temporary changes to the key personnel. However, any permanent change to
Consultant's or Subconsultant's key personnel will require prior written approval from
LPA, or State on LPA's behalf.
7.2 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 Consultant or Subconsultant 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 Exhibit "C".
SECTION 8. This section has intentionally been left blank.
SECTION 9. NEW EMPLOYEE WORK ELIGIBILITY STATUS
9.1 Consultant agrees to use a federal immigration verification system to determine the work
eligibility status of new employees physically performing services within the State of
Nebraska. Consultant 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.
9.2 The undersigned duly authorized representative of 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 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.
9.3 If Consultant is an individual or sole proprietorship, the following applies:
Project No. MAPA-28(143) Page 4 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
a. Consultant must complete the United States Citizenship Attestation form and
attach it to this Agreement. This form is available on the Department of
Transportation's website at http://dot.nebraska.gov/media/2802/ndot289.pdf.
b. If Consultant indicates on such Attestation form that he or she is a qualified alien,
Consultant agrees to provide the US Citizenship and Immigration Services
documentation required to verify Consultant lawful presence in the United States
using the Systematic Alien Verification for Entitlements (SAVE) Program.
c. Consultant understands and agrees that lawful presence in the United States is
required, and Consultant may be disqualified, or the contract terminated, if such
lawful presence cannot be verified as required by Neb.Rev.Stat. §4-108.
SECTION 10. FEES AND PAYMENTS
10.1 Consultant's fee proposal is attached as Exhibit"B" and incorporated herein by this
reference.
10.2 The general provisions concerning payment under this Agreement are attached as
Exhibit "C".
SECTION 11. CONSULTANT'S PERFORMANCE (LPA PE)
11.1 Standard of Performance
Consultant shall complete the Services under this Agreement exercising the degree of
skill, care, and diligence consistent with the applicable professional standards
recognized by such profession and observed by national firms performing services of the
type provided for in this Agreement. Consultant shall complete the Services exercising
good and sound professional judgment and practices. Consultant's Services shall
conform to applicable licensing requirements, industry standards, statutes, laws, acts,
ordinances, and rules and regulations.
11.2 Quality of Service
Consultant agrees to perform all Services hereunder using qualified personnel
consistent with good professional practice in the state of the art involved, and that
performance of its personnel will reflect their best professional knowledge, skill, and
judgment. Consultant agrees to permit LPA, or State on LPA's behalf, access at all
times to the work product for purposes of reviewing same and determining that the
Services are being performed in accordance with the terms of this Agreement.
11.3 Performance Evaluation
11.3.1 LPA, or State on LPA's behalf, retains the discretion to conduct an evaluation of
Consultant's performance at any time. Consultant's performance may be subject
to an evaluation in the following performance categories: (1) communication and
cooperation; (2) quality; (3) recordkeeping; (4) timeliness; (5) scope and budget;
(6) project manager; and (7)technical performance. Consultant understands that
if LPA, or State on LPA's behalf, determines that Consultant's performance is not
meeting, has not met, or is at risk of not meeting the Standard of Performance
set out herein, LPA, or State on LPA's behalf, may conduct a Consultant
Performance Evaluation based on the applicable foregoing performance
categories. If LPA, or State on LPA's behalf, chooses to conduct a Consultant
Performance Evaluation, LPA, or State on LPA's behalf, will notify Consultant of
Project No. MAPA-28(143) Page 5 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
the evaluation including necessary instructions and procedures for complying
with the evaluation.
11.3.2 Consultant shall, to the fullest extent reasonable, implement and make
modifications and changes in response to the evaluation, correct deficiencies,
implement improvements, and improve performance to comply with the terms of
this Agreement in response to the Performance Evaluation. LPA's or State's
remedies for substandard performance will apply even in the absence of a
Consultant Performance Evaluation.
11.4 LPA's or State's Remedies for Substandard Performance
Upon notice of substandard performance of Services revealed during or after the
construction of the project, Consultant shall re-perform the Services at no cost to LPA or
State. Further, Consultant shall reimburse LPA or State for any costs incurred by LPA or
State for necessary remedial work. Consultant shall respond to LPA's or State's notice
of any errors, omissions, or negligence within twenty-four(24) hours and give immediate
attention to necessary corrections to minimize any delays to the project. This may
involve visits by Consultant to the project site, if directed by LPA or State. If Consultant
discovers errors, omissions, or negligence in its Services, Consultant shall notify LPA
and State of the errors within three (3) business days. Failure of Consultant to notify
LPA and State constitutes a breach of this Agreement.
If Consultant fails to re-perform the Services, or if LPA or State determines that
Consultant will be unable to correct substandard Services before the time specified for
completion in this Agreement, LPA or State may correct such unsatisfactory Services; or
may use third parties and charge Consultant for the costs incurred.
If LPA or State requires Consultant to remedy any deficiencies in the Services,
Consultant shall make such corrections at no additional cost to LPA or State. Any
increase or decrease in the scope of the Services or any modification of the
specifications will be made only by written agreement signed by the Parties. Consultant
shall bear legal liability for all damages incurred by LPA or State caused by Consultant's
errors, omissions, or negligent acts without liability or expense to LPA or State. The
rights and remedies of LPA or State provided herein are in addition to any other
remedies provided by law.
SECTION 12. CONSULTANT'S ACCOUNTABILITY FOR ITS SERVICES (LPA)
12.1 Consultant agrees that LPA and State will rely on the professional training, experience,
performance and ability of Consultant. Consultant agrees that examination by LPA,
State, or Federal Highway Administration of the United States Department of
Transportation (FHWA), approval, acceptance, use of, or acquiescence in Consultant's
Services, will not be considered a full and comprehensive examination and will not be
considered approval of Consultant's Services that would relieve Consultant from liability
or expense connected with Consultant's sole responsibility for the propriety and integrity
of Consultant's Services pursuant to this Agreement. Consultant agrees that LPA's or
State's declining to approve Consultant's services will not be deemed an acceptance of
defective services or relieve Consultant of its obligations and liabilities with respect to
such services.
Project No. MAPA-28(143) Page 6 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
12.2 Consultant agrees that acceptance or approval of any of the services of Consultant by
LPA or State or of payment, partial or final, will not constitute a waiver of any rights of
LPA or State to recover from Consultant damages caused by Consultant due to error,
omission, or negligence of Consultant in its services.
SECTION 13. DISPUTES
Any dispute concerning a question of fact in connection with the work will be addressed in
accordance with LPA Manual Section 4.4.3.5 DISPUTE RESOLUTION.
SECTION 14. SUSPENSION OR TERMINATION (PE 2-25-16)
14.1 Suspension or Termination
LPA or State, on LPA's behalf, has the absolute right to suspend the work, or terminate
this Agreement at any time and for any reason and such action on its part will in no
event be deemed a breach of this Agreement. Without limiting the rights set out in this
section, the following is a non-exclusive list of the examples of the circumstances under
which LPA or State may suspend or terminate this Agreement:
a. A loss, elimination, decrease, or re-allocation of funds that make it difficult, unlikely
or impossible to have sufficient funding for the Services or the project;
b. The Services or the project are abandoned for any reason;
c. Funding priorities have changed;
d. LPA's or State's interests are best protected by suspension or termination of this
Agreement;
e. Consultant fails to meet the schedule, milestones, or deadlines established in this
Agreement or agreed to in writing by the Parties;
f. Consultant fails to provide acceptable replacement personnel or qualified new
personnel;
g. Consultant has not made sufficient progress to assure that the Services are
completed in a timely manner;
h. Consultant fails to meet the standard of care applicable to the Services;
i. Consultant fails to meet the performance requirements of this Agreement;
j. Consultant's breach of a provision of this Agreement or failure to meet a condition
of this Agreement;
k. Consultant's unlawful, dishonest, or fraudulent conduct in Consultant's professional
capacity;
I. Consultant fails to complete the project design in a form that is ready for letting a
contract for construction according to the approved contract documents, including,
but not limited to, project plans and specifications;
14.2 This section has intentionally been left blank.
14.3 Suspension
a. Suspension for Convenience. If LPA or State, on LPA's behalf, suspends the work
for convenience, Consultant will be given notice of the date of suspension, which
date will be no fewer than three (3) business days after notice is given. Such
notice will provide the reason(s) for such suspension. Consultant will not be
compensated for any Services completed or costs incurred after the date of
suspension. Consultant shall provide LPA and State a detailed summary of the
Project No. MAPA-28(143) Page 7 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
current status of the Services completed and an invoice of all costs incurred up to
and including the date of suspension.
b. Suspension for Cause. If LPA or State, on LPA's behalf, suspends the work for
cause or for issues related to performance, responsiveness or quality that must be
corrected by Consultant, Consultant will be given notice of the date of suspension,
which date will be no fewer than three (3) business days after notice is given. The
notice of suspension will provide Consultant with the reason(s) for the suspension,
a timeframe for Consultant to correct the deficiencies, and when applicable, and a
description of the actions that must be taken for LPA or State to rescind the
suspension. Consultant's right to incur any additional costs will be suspended at
the end of the day of suspension and will continue until all remedial action is
completed to the satisfaction of LPA and State. Failure to correct the deficiencies
identified in a suspension will be grounds for termination of this Agreement.
14.4 Termination
If LPA or State, on LPA's behalf, terminates this Agreement, Consultant will be given
notice of the date of termination, which will be no fewer than three (3) business days
after notice is given. The notice of termination will provide Consultant with a description
of the reason(s) for the termination. The notice must specify when the Agreement will be
terminated along with the requirements for completion of the work under the Agreement.
Consultant's right to incur any additional costs will cease at the end of the day of
termination or as otherwise provided.
14.5 Compensation upon suspension or termination
If LPA or State, on LPA's behalf, suspends the work or terminates the Agreement,
Consultant must be compensated in accordance with the provisions set out in Exhibit
"C", provided however, that in the case of suspension or termination for cause or for
Consultant's breach of this Agreement, LPA or State, on LPA's behalf, will have the
power to suspend payments, pending Consultant's compliance with the provisions of this
Agreement. In the event of termination of this Agreement for cause, LPA or State, on
LPA's behalf, may make the compensation adjustments set out in Exhibit"C".
SECTION 15. OWNERSHIP OF DOCUMENTS
15.1 All surveys, maps, studies, 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 LPA.
Consultant shall deliver these documents to LPA at the conclusion of the project for
inclusion in LPA's federal-aid file.
15.2 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 LPA's
sole risk and without legal exposure or liability to Consultant.
15.3 Further, Consultant shall keep time sheets and payroll documents in Consultant's files
for at least three years from the completion of final cost settlement by FHWA and project
closeout by State.
SECTION 16. CONFLICT OF INTEREST LAWS
Project No. MAPA-28(143) Page 8 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
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 LPA's
project to remain fully eligible for federal funding. By signing this Agreement, Consultant
certifies that Consultant is not aware of any financial or other interest Consultant has that would
violate the terms of these federal provisions.
SECTION 17. USE AND/OR RELEASE OF PRIVILEGED OR CONFIDENTIAL INFORMATION
17.1 Certain information provided by LPA or State to Consultant is confidential information
contained within privileged documents protected by 23 U.S.C. §409. "Confidential
information" means any information that is protected from disclosure pursuant to state
and federal law and includes, but is not limited to, accident summary information, certain
accident reports, diagnostic evaluations, bridge inspection reports, and any other
documentation or information that corresponds with said evaluations or reports, and any
other information protected by 23 U.S.C. §409. "Privileged document" means any
document pertaining to any file or project maintained by 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 Consultant in order that Consultant adequately design the project at hand on
behalf of LPA or State.
17.2 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 LPA or State for the project at hand only. Consultant agrees not to
reveal, disseminate, or provide copies of any document that is confidential and privileged
to any individual or entity. LPA or State agrees that any information or documentation
that is considered to be privileged or confidential that is provided to Consultant will be
marked with the following information (Approved 11/4/11):
"CONFIDENTIAL INFORMATION: Federal Law, 23 U.S.0§409, prohibits the
production of this document or its contents in discovery or its use in evidence in a
State or Federal Court. The State of Nebraska [or LPA] has not waived any
privilege it may assert as provided by that law through the dissemination of this
document and has not authorized further distribution of this document or its
contents to anyone other than the original recipient."
17.3 Consultant agrees to obtain the written approval of LPA and State prior to the
dissemination of any privileged or confidential information or documentation if it is
unclear to Consultant whether such information or documentation is in fact privileged or
confidential.
17.4 Consultant and LPA or State agree that any unauthorized dissemination of any
privileged or confidential information or documentation on the part of Consultant will
create liability on the part of Consultant to LPA or State for any damages that may occur
as a result of the unauthorized dissemination. Consultant agrees to hold harmless,
indemnify, and release LPA or State from any liability that may ensue on the part of LPA
or State for any unauthorized dissemination of any privileged or confidential information
or documentation on the part of Consultant.
SECTION 18. FORBIDDING USE OF OUTSIDE AGENTS (Standard provision)
Project No. MAPA-28(143) Page 9 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
Consultant warrants that it has not employed or retained any company or person, other than a
bona fide employee working for Consultant, to solicit or secure this Agreement, and that it has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this warranty,
LPA or State 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 19. GENERAL COMPLIANCE WITH LAWS
Consultant agrees to comply with all federal, state, and local laws and ordinances applicable to
the work in effect at the time of the work. If Consultant is found to have been in violation of any
applicable federal, state, or local laws and ordinances, such violation may be the basis for the
suspension or termination under this Agreement.
SECTION 20. RESPONSIBILITY FOR CLAIMS AND LIABILITY INSURANCE (1-24-12)
20.1 Consultant agrees to hold harmless LPA and State from all claims and liability due to the
error, omission, or negligence of Consultant or Consultant's agents or employees in the
performance of Services under this Agreement. 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 or State in carrying out the
work under this Agreement.
20.2 For the duration of this Agreement, Consultant shall carry insurance as outlined in
Exhibit "D", which is attached and incorporated herein by this reference. In any contract
Consultant has with a subconsultant, Consultant shall require that subconsultant meet
the insurance requirements outlined in Exhibit"D".
SECTION 21. COORDINATING PROFESSIONAL AND PROFESSIONAL REGISTRATION
(2-1-18)
21.1 Coordinating Professional:
To the extent of any design work applicable to the Services under this Agreement, the
following Coordinating Professional language applies:
If LPA's project involves more than one licensed professional engineer, LPA shall
designate a Coordinating Professional (defined in Neb.Rev.Stat. § 81-3408) for this
project as required by Neb.Rev.Stat. § 81-3437.02 of the Nebraska Engineers and
Architects Regulation Act(Neb.Rev.Stat § 81-3104 et seq.). The Coordinating
Professional will apply his or her seal and signature and the date to the cover sheet of all
documents and denote the seal as that of the Coordinating Professional. The
Coordinating Professional will verify that all design disciplines involved in the project are
working in coordination with one another, and that any changes made to the design are
approved by the corresponding discipline. Consultant agrees to cooperate with the
designated Coordinating Professional to meet the requirements of state law. Consultant
further agrees to contractually require its subconsultants to cooperate with the
designated Coordinating Professional.
Project No. MAPA-28(143) Page 10 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
If Consultant's engineer has been identified as the Coordinating Professional for this
project, and, for whatever reason, the designated Coordinating Professional is no longer
assigned to the project, Consultant shall provide LPA written notice of the name of the
replacement within 10 business days.
21.2 Professional Registration:
To the extent the work requires engineering services, Consultant shall affix and sign the
seal of a registered professional engineer or architect licensed to practice in the State of
Nebraska, on all applicable documents, plans, specifications, and reports prepared
under any Agreements as required by the Nebraska Engineers and Architects
Regulations Act.
SECTION 22. SUCCESSORS AND ASSIGNS
This Agreement is binding on successors and assigns of either party.
SECTION 23. DRUG-FREE WORKPLACE POLICY
Consultant shall have an acceptable and current drug-free workplace policy on file with State.
SECTION 24. FAIR EMPLOYMENT PRACTICES ACT
Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as provided by
Neb.Rev.Stat. §§48-1101 through 48-1126.
SECTION 25. DISABILITIES ACT
Consultant agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as
implemented by 28 CFR 35.
SECTION 26. DISADVANTAGED BUSINESS ENTERPRISES
26.1 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.
26.2 Consultant shall not discriminate on the basis of race, color, sex, age, disability, or
national origin in the award and performance of FHWA-assisted contracts. Failure of
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 LPA or State or such remedy as LPA or State deem appropriate.
SECTION 27. TITLE VI NONDISCRIMINATION CLAUSES
27.1 Compliance with Regulations
During the performance of this Agreement, Consultant, for itself and its assignees and
successors in interest, agrees to comply with the regulations of the United States
Department of Transportation relative to nondiscrimination in federally-assisted
programs of the United States Department of Transportation (49 CFR 21 and 27,
hereinafter referred to as the Regulations).
27.2 Nondiscrimination
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, age, disability, or
national origin in the selection and retention of subconsultants, including procurements
of materials and leases of equipment. Consultant shall not participate either directly or
Project No. MAPA-28(143) Page 11 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
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.
27.3 Solicitations for Subagreements, Including Procurements of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by Consultant for
work to be performed under a subagreement, including procurements of materials or
equipment, each potential subconsultant or supplier shall be notified by Consultant of
Consultant's obligations under this Agreement and the Regulations relative to
nondiscrimination on the basis of race, color, sex, age, disability, or national origin.
27.4 Information and Reports
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 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,
Consultant shall certify to LPA, State or FHWA, as appropriate, and set forth what efforts
it has made to obtain the information.
27.5 Sanctions for Noncompliance
In the event of Consultant's noncompliance with the nondiscrimination provisions of this
Agreement, LPA will impose such agreement sanctions as it or State and FHWA may
determine to be appropriate, including but not limited to withholding of payments to
Consultant under this Agreement until Consultant complies, and/or cancellation,
termination, or suspension of this Agreement, in whole or in part.
27.6 Incorporation of Provisions
Consultant shall include the provisions of subsections 27.1 through 27.5 of this
Agreement in every subagreement, including procurements of materials and leases of
equipment, unless exempt by the Regulations, orders, or instructions issued pursuant
thereto. Consultant shall take such action with respect to any subagreement or
procurement as LPA, State or FHWA may direct as a means of enforcing such
provisions including sanctions for noncompliance, provided however, that in the event a
Consultant becomes involved in or is threatened with litigation with a subconsultant/
subcontractor as a result of such direction, Consultant may request that LPA or State
enter into such litigation to protect the interests of LPA or State and, in addition,
Consultant may request that the LPA, State and the United States enter into such
litigation to protect the interests of the LPA, State and United States.
SECTION 28. SUBLETTING, ASSIGNMENT, OR TRANSFER
28.1 The Subconsultant will provide surveying and design services.
28.2 Any other subletting, assignment, or transfer of any professional services to be
performed by Consultant is hereby prohibited unless prior written consent of State, on
LPA's behalf, is obtained.
28.3 At LPA's or State's discretion, Consultant may enter into an agreement with any
subconsultants/subcontractors for work covered under this Agreement. All
subconsultant/subcontractor agreements for work covered under this Agreement must
contain identical or substantially similar provisions to those in this Agreement. No right-
Project No. MAPA-28(143) Page 12 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase Cl
PROFESSIONAL SERVICES AGREEMENT
of-action against LPA or State will accrue to any subconsultant/subcontractor by reason
of this Agreement.
28.4 As outlined in SECTION 26. DISADVANTAGED BUSINESS ENTERPRISES,
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 services must include
documentation of efforts to employ a disadvantaged business enterprise.
SECTION 29. CONSULTANT CERTIFICATIONS
The undersigned duly authorized representative of Consultant, by signing this Agreement, hereby
swears, under the penalty of law, to the best of my knowledge and belief, the truth of the
following certifications, and agrees as follows:
29.1 Neb.Rev.Stat. 81-1715(1). I certify compliance with the provisions of Section 81-1715
and, to the extent that this Agreement is a lump sum, actual costs-plus-fixed-fee, or
specific rates of compensation type professional service Agreement, 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 State determines the contract price had been increased due to inaccurate,
incomplete, or noncurrent wage rates and other factual unit costs.
29.2 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:
a. Has employed or retained for a commission, percentage, brokerage, contingent fee,
or other consideration, any firm or person (other than a bona fide employee working
solely for me or the above Consultant) to solicit or secure this Agreement, or
b. Has agreed, as an express or implied condition for obtaining this Agreement, to
employ or retain the services of any firm or person in connection with carrying out
this Agreement, or
c. Has paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above Consultant) any fee, contribution,
donation, or consideration of any kind for, or in connection with procuring or carrying
out this Agreement, except as here expressly stated (if any).
29.3 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-
Primary Covered Transactions. Section 29.3a below contains 10 instructions that
consultant agrees to follow in making the certifications contained in 29.3b.
a. Instructions for Certification
1. By signing this Agreement, Consultant is providing the certification set out below.
2. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this project. 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 State's
determination whether to enter into this Agreement. However, failure of
Project No. MAPA-28(143) Page 13 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
Consultant to furnish a certification or an explanation will disqualify Consultant
from participation in this Agreement.
3. The certification in this clause is a material representation of fact upon which
reliance was placed when State determined to enter into this Agreement. If it is
later determined that Consultant knowingly rendered an erroneous certification,
in addition to other remedies available to the Federal government, State may
terminate this Agreement for cause or default.
4. Consultant shall provide immediate written notice to State if at any time
Consultant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have
the meanings set out in the Definitions and Coverage sections of the rules
implementing Executive Order 12549— Debarment and suspension. Exec. Order
No. 12,549, 51 Fed. Reg. 6370 (1986).
6. 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 State before
entering into this Agreement.
7. Consultant further agrees to include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction," provided by State without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
8. Consultant in a covered transaction may rely upon a certification of a prospective
Subconsultant in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A Consultant may decide the
method and frequency by which it determines the eligibility of its principals.
9. Nothing contained in the foregoing will be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of Consultant is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of
business dealings.
10. Except for transactions authorized under paragraph a.6. of these instructions, if
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, State may terminate this Agreement for
cause or default.
b. Certification Regardinq Debarment, Suspension, and Other Responsibility
Matters- Primary Covered Transactions
1. By signing this Agreement, Consultant certifies to the best of its knowledge and
belief, that it and its principals:
Project No. MAPA-28(143) Page 14 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
•
PROFESSIONAL SERVICES AGREEMENT
a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any federal department or agency;
b) Have not within a three-year period preceding this Agreement been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by
a governmental entity (federal, state, or local) with commission of any of
the offenses enumerated in paragraph 1.b) above; and
d) Have not within a three-year period preceding this Agreement had one or
more public transactions (federal, state, or local) terminated for cause or
default.
2. Where 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 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 30. LPA CERTIFICATION
30.1 By signing this Agreement, I do hereby certify that, to the best of my knowledge,
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.
30.2 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 31. ENTIRE AGREEMENT
This Agreement, including all exhibits and incorporations specified herein, constitutes the entire
agreement of the Parties. There are no promises, terms, conditions, or obligations other than
contained herein, and this Agreement supersedes all previous communications,
representations, or other agreements or contracts, either oral or written hereto.
Project No. MAPA-28(143) Page 15 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase C1
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the Parties hereby execute this Agreement pursuant to lawful
authority as of the date signed by each party. Further, the Parties, by signing this Agreement,
attest and affirm the truth of each and every certification and representation set out herein.
1 nee
EXECUTED by Consultant this) day of Mai , 20,27.
FELSBURG HOLT & ULLEVIG
Kyle Anderson, P.E.
E cutive ice President
STATE OF NEBRASKA)
)ss.
DOUGLAS COUNTY )
SUBSCRIBED AND SWORN to before me this Zrct day of tkAal , 20 7'2,
GENERAL NOTARY•date i Nebraska g ' C�A , d ' n
MARISSAA.HOP �►vt ,, AAcit e
O0tg01 '9, Notary Public
EXECUTED by the City of Omaha this Z! day of , 207,7.
CITY OF OMAHA, RASKA
h Ff-1-tatvi
ACTING' yor
SUBSCRIBED AND SWORN to before me this zit'day of a,' , 207,7,
5 .:jEU li dO rijR l: Cerk
0
.z_i_ /. f slim_
DEHiY CITY AT Ui6>;EY
STATE OF NEBRASKA
DEPARTMENT OF TRANSPORTATION
Form of Agreement Approved for
Federal Funding Eligibility
Jodi Gibson
Local Assistance Division Manager Date
Project No. MAPA-28(143) Page 16 of 16
Control No. 22865 Agreement No. BK2237
Omaha Signal Infrastructure Phase Cl
EXHIBIT A-TRAFFIC SIGNAL SYSTEM NEPA AND DESIGN SCOPE OF SERVICES
Project Description
This project is one phase of a multi-year citywide signal and communication system upgrade and
enhancement program. As such,all designs,specified materials,and systems proposed to be constructed
and installed as part of this improvement must meet the requirements of the overall improvement
program guidelines which are to be provided by the City project management team including
communications design standards/details/templates,other signal system standards/details and approved
communication field devices and network equipment to ensure consistency among the various design
consultants. The Consultant will provide specifications and design guidance information to assist with the
integration of this project into the overall citywide enhancement and the Consultant shall be responsible
to design the proposed project improvements including unique or project-specific standards and details
to meet the overall program and City design requirements.
The Consultant will provide design services for traffic signals listed in Appendix A. The Consultant scope
of services will include conceptual, preliminary and final design; preparation of plans, specifications, and
estimates (PS&E package); and bidding and construction phase support services for the deployment of
traffic signal and communications system upgrades as well as various other Intelligent Transportation
Systems (ITS) components of the City of Omaha's traffic signal system including, but not limited to, the
following elements:
• Traffic signal controllers and local controller software/firmware
• Controller cabinets and other related hardware
• Conduit systems and related pull boxes,splice vaults,etc.
• Fiber optic and wireless communications including hardware, Ethernet switches, hub locations,
servers, related wiring, etc.
• Traffic signal modifications
• Detection modifications
• Video monitoring cameras and/or other ITS field devices
The City of Omaha will lead the design,deployment and construction process. The Nebraska Department
of Transportation (NDOT) will be included as a primary stakeholder in this project from inception to
completion, including project document review and approval process in coordination with FHWA.
The approximate limits of the project are illustrated in Appendix B.All design shall be in accordance with
the latest City of Omaha and NDOT standards.
Table of Contents
The scope of service is expected to include the following tasks:
1.0 Project Management
2.0 Conceptual Design
3.0 Section Intentionally Blank
4.0 Topographic Survey/Base Mapping
5.0 Utility Coordination
6.0 Controller/Cabinet Design
7.0 Conduit Routing Design
8.0 Communications Design
9.0 Detection Design
10.0 CCTV Design
11.0 Preparation of Quantities and Cost Estimates
12.0 Preparation of necessary Specifications and Special Provisions
13.0 Preparation of PS&E Package
14.0 Bidding and/or Construction Phase Support
Exhibit"A"
Page 1 of 14
•
1.0 Project Management and Meetings
1.1 Project Oversight and Direction
The Consultant will provide necessary and customary project management activities to guide
an efficient design development process. The Consultant Project Manager will serve as the
central point of contact for the Consultant Team, maintain project schedule and budget, and
be responsible for coordinating the work of the Project Team.This subtask includes activities
required to manage the project including staff, equipment, and documentation. This will
include the preparation of monthly progress reports with invoices, document management,
file sharing with City of Omaha and NDOT staff, and quality control. The Consultant has
designated an individual to be responsible for ensuring that quality control measures are
followed throughout the project and before each submittal.
Consultant shall prepare all materials, plans, checklists and cost estimates for a Plan-in-Hand
field review meeting. The Consultant shall attend and document the PIH meeting with NDOT
and City staff.
Assumptions
> Progress reports will be provided monthly (maximum of 12) and will outline work
completed, budget and schedule adherence, issues encountered that are delaying
schedule, information/direction required by the City of Omaha, and anticipated work
in the month ahead. Progress report time periods shall directly correlate to invoicing
periods.
> Invoices will be prepared monthly(maximum of 12)
➢ The Consultant will have access to the City of Omaha document management site
Deliverables
> Progress reports and schedule updates(attached to Invoices)
> Invoices
➢ Document management file transfer(as needed)
> Project specific quality control documentation will be provided to the City of Omaha
(as requested)
1.2 Project Coordination with Others
The Consultant will coordinate their design with agencies and/or Consultants that are
involved with this project or adjacent projects. Coordination includes one-on-one meetings
with the agencies or Consultants. This task does not include coordination with utilities. See
Task 5 for coordination with utilities.
Deliverables
> Ongoing Consultant Coordination with the City of Omaha Project Manager. This
includes phone calls, conference calls, emails and other written forms of
correspondence
> Coordination Meeting Agendas(as required)
> Coordination Meeting Minutes(as required)
1.3 General Project Meetings
General project meetings will include a project kick-off meeting, regular progress meetings,
and design review meetings with City of Omaha and NDOT staff.
1.3.1 Kick-Off Meeting
Once notice to proceed has been received,the Consultant will schedule and attend a
kick-off meeting with City staff and utilities. The City of Omaha's Project Manager will
supply a list of invitees and the Consultant shall be responsible for notification to
attendees.
Assumptions
Exhibit"A"
Page 2 of 14
> 1 kick-off meeting at City of Omaha
> City of Omaha will provide meeting space
Deliverables
> Assemble and distribute meeting agenda and minutes within 7 days
1.3.2 Progress Meetings
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. Progress meetings will occur bi-weekly as 1 hour conference calls and
participants will include Design Team staff(maximum 3 per meeting), City of Omaha
staff(as required),and NDOT(as needed).
Assumptions
> 12 progress meetings are assumed(one-hour conference calls)
> City of Omaha will provide meeting space
> Meetings may be held virtually with mutual agreement of City and consultant
Deliverables
> Assemble and distribute meeting agenda and minutes within 7 days
1.3.3 Design Review Meetings
The Consultant will schedule and attend four design review meetings with the City of
Omaha and NDOT(as needed)to present questions,evaluate design progress,receive
feedback,and review comments from plan submittals.
Assumptions
> 4 design review meetings are assumed(2 at City of Omaha, 2 via phone)
> City of Omaha will provide meeting space
Deliverables
> Assemble and distribute meeting minutes within 7 days
> Document summarizing all review comments received with design team
response/action
1.3.4 Plan-in-Hand Meeting
Consultant shall prepare all materials, plans,checklists and cost estimates for a Plan-
in-Hand field review meeting, including the DR 342 and PIH Report. The Consultant
shall attend and document the PIH meeting with NDOT and City staff.
2.0 Conceptual Design
The Consultant will finalize the conceptual design for the project, building off preliminary
intersection and corridor information provided by the City of Omaha. Conceptual design will
identify all intersections to be improved as part of this phase of work, and illustrate the proposed
conduit routing/communications design limits and locations of CCTV monitoring cameras prior to
the Consultant proceeding with preliminary design activities.
2.1 Document and Review
Consultant will gather from the City of Omaha any available record drawings in the immediate
project vicinity including city utilities and 3rd party permitted plans. In addition, all pertinent
City of Omaha traffic signal and communications infrastructure documentation will be
reviewed and assembled into a single project database for reference during field walk downs
of the project limits.
Exhibit"A"
Page 3 of 14
Assumptions
> The City of Omaha will provide access to all existing asset management data including
GIS maps and other exhibits and excel documentation
> City of Omaha will provide all available city utility and 3rd party record drawings in
immediate project vicinity
Deliverables
➢ None
2.2 Data Collection/Field Research
Consultant will walk down proposed communications infrastructure routes and conduct
signalized intersection reviews at project intersections. The purpose of this initial field
research will be to verify as-built documentation and condition of existing signal
infrastructure, to the extent possible, and identify any potential conflicts with proposed
infrastructure routing and/or placement.
Assumptions
> City of Omaha will grant the Consultant access to the signal infrastructure, including
cabinets,pull boxes and others as deem necessary for field research.
> The Consultant will coordinate with, and invite, appropriate City of Omaha staff to be
part of this task
Deliverables
> Documentation of field walk down information will be summarized in a Google Earth
file
2.3 Signalized Intersection Design Evaluations
Conceptual design activities will include the following items in accordance with City of Omaha,
ITE and/or other established guidance documents:
• Flashing Yellow Arrow(FYA)Analysis—Conduct flashing yellow arrow(FYA) analysis
for study area intersections, using FYA analysis guidelines to be provided by the City
and with input from City staff.
• Evaluate all existing signal heads and identify changes to establish compliance with
MUTCD or City standards.
• Identify locations where there are 5-section right turn overlaps and the existing
cabinet is not a 332.
• Vehicle and Pedestrian Clearance Interval Evaluation—Evaluate vehicle and
pedestrian clearance interval requirements at study area intersections with input
from City staff.
Assumptions
> The City will provide guidelines for clearance interval evaluations.
> All intersections will be evaluated for signal head changes, including flashing yellow
arrow installation
➢ 33 signalized study intersections will be evaluated for vehicle and pedestrian
clearance intervals
Deliverables
➢ Detailed analysis evaluations for City review and record
2.4 Conceptual Design Technical Memorandum
A Conceptual Design Tech Memo will be assembled that builds off the preliminary information
provided by the City of Omaha, signalized intersection design evaluations, and information
assembled during field walk downs. The conceptual design memo will include a summary of
the primary system elements such as cabinet type and proposed communications. This
document will also include the maps illustrating the proposed location of ITS devices and
communication infrastructure. The objective of this task will be to produce final concept level
Exhibit"A"
Page 4 of 14
documentation for review and agreement by the City of Omaha before proceeding with
preliminary design.
Assumptions
> City of Omaha will share with Consultant all existing master plans information in
ArcGIS format for the project area
> The tech memo shall summarize the proposed cabinet type and proposed
communication (fiber vs. wireless)for each project intersection
> The tech memo will summarize all findings of Subtask 2.3 including,flashing yellow
arrow evaluation,signal head changes, vehicle and pedestrian clearance evaluation
> City will provide standardized Concept Memo outline
Deliverables
> Draft Concept Tech Memo with 11"x 17"exhibits for City of Omaha Review
➢ Final Concept Tech Memo with 11"x 17" exhibits that incorporates City of Omaha
comments
2.5 Update Preliminary Cost Estimates
Information from the Concept Tech Memo will be used to develop updated planning level
preliminary cost estimates.
Assumptions
> None
Deliverables
➢ Final Traffic Signal, ITS Deployment and Communications System Preliminary Cost
Estimate
3.0 Section Intentionally Blank
4.0 Topographic Survey/Base Mapping
A base map file for each project will be provided by City in AutoCAD (.dwg)format that contains:
• Douglas County aerials
• Douglas County parcel data
• Surveyed ROW data
• Surveyed traffic signal assets at intersections only
All work shall be constructed within existing right-of-way. The City will provide in-cabinet photos,
any available information (logbooks,timing plans, etc.) and front/back cabinet photos. If access is
required, City staff may accompany or grant access to the Consultant to inspect cabinets.
4.1 Topographical Survey
Consultant will perform the necessary topographic survey.Topographic surveys are expected
to be required on the corner of the intersection where the controller and any new Type 332L
cabinets bases will be installed. Survey is required to account for the maximum grade of the
controller pad and to evaluate the existing grading for the proposed controller cabinet
location. A majority of the existing Type 332 cabinet foundations are expected to be reused
in place,those intersections will not require surveys.A topographic survey will be performed
using electronic 'Total Station' technology. Copies of field book records and electronic
records will be submitted to the City of Omaha at the completion of final design. Natural
topographic features and man-made features will be recorded by coordinates to the nearest
one-tenth (0.1) of a foot. All such topographic features,which are pertinent to the design or
are necessary to properly show the effect of the proposed work upon the adjoining property
and/or improvements,will be recorded. If needed, Consultant will gather utility information.
Information supplied by utility companies as part of utility coordination will be used to
complete the placement of existing utilities on the plans. Locations from utility plans will be
transferred into the topographic survey. Where available,above ground features will be used
Exhibit"A"
Page 5 of 14
to improve accuracy. Consultant will add a disclaimer to the drawings with respect to the
undetermined location of underground utilities.
Assumptions
➢ Topographic Survey is assumed for one corner of the intersection at 4 intersections
➢ The City will provide base survey information including signal infrastructure and known
underground facilities as noted in Section 4.0
➢ The City will provide any available information (logbooks, timing plans, etc.)
➢ The City will provide front/back cabinet photos. If access is required, City staff may
accompany or grant access to the consultant to inspect cabinets.
➢ Location of existing UPN Fiber Optic lines will be provided by UPN.
Deliverables
➢ Electronic topographic survey file
5.0 Utility Coordination
The Consultant will provide utility coordination services to support the project design. No more
than one utility meeting is anticipated. This shall include consultant time for select field verification.
The Consultant will identify major conflicts, document the location and attempt to avoid them.
The Consultant shall prepare a Status of Utilities for the Project and include with the Project Special
Provisions. The Status of Utilities shall be submitted and reviewed with the respective utilities prior
to the Post-PIN Submittal.
6.0 Signal Design
The Consultant will design upgrades to controllers and cabinets, and other related equipment, as
needed,for each intersection in Appendix A.The design will address reuse of existing foundations,
the need for a new foundation and/or other issues that to accommodate the new controller/cabinet
at each intersection location. Existing Type 332 cabinet foundations will be used in-place unless
they have been identified by the City as in poor condition and if need of replacing. If existing
cabinets are not Type 332,a new cabinet foundation may be required based on guidance from City
staff. The City will provide a list of existing cabinet types; this information will be provided in
Appendix A and also will be contained in GIS data.
Assumptions
➢ All traffic signal cabinets in the study area require replacement
o Existing Type 332 cabinets will be replaced with new 332L cabinets on
existing foundations, unless condition warrants a new foundation
o Existing pole-mounted cabinets will be replaced with either new 336L pole-
mounted cabinets, or new 332L cabinets on a new foundation.
o The City will provide a list of existing cabinet locations GIS format and base
file.
➢ All signal cabling shall be evaluated in the field. Cabling shall be replaced if cabinet is
being relocated, insufficient conductors for proposed signal heads, or poor condition.
➢ All signal conduits shall be evaluated in the field. Conduits shall be replaced if
insufficient capacity or poor condition, unless no new cabling is needed and the signal
is scheduled for replacement in the near-term.
7.0 Interconnect Conduit Routing Design
The Consultant will design the proposed fiber optic cable and conduit routing, as needed, to
incorporate each traffic signal into the existing and/or planned Citywide fiber optic communications
network. All conduit routing shall occur within existing right-of-way with minimal disturbance to
existing structures, sidewalks, streets, retaining walls, etc. Boring methods of conduit installation
are preferred, but trenching short distances is acceptable.
Consultant shall coordinate with soil disturbances related to conduit design, including conduit and
pull box installation or replacement with NEPA staff to avoid high risk hazmat sites. Consultant shall
coordinate with Unite Private Networks for tie-in locations on the UPN network.
Exhibit"A"
Page 6 of 14
Consultant shall identify all proposed UPN splice points, including the Northings (y-coordinate)
/Eastings(x-coordinate)of each pull box and submit to UPN for their review. Consultant shall meet
with UPN up to two times to review and finalize UPN tie-in points and identify any additional work
(eg, upsizing a UPN pull box).
The Consultant will review the Conceptual Plan and make a final field review of all proposed fiber
route locations. Updated fiber routing will be provided to the City of Omaha for review with the
PIH Submittal. The final field review and verification will include, but not be limited to:
> Review of all locations where new conduit will be installed
> Review of existing conduit where new cable(s)will be installed
> Review of all pull boxes that require removal, relocation,or replacement in order to
house the proposed fiber optic lines
> Review of all locations where new electrical services are required
> Incorporate new CCTV locations, controller cabinet locations and new intersection
detection
> Determination of proposed new traffic signal controller cabinet locations
Assumptions
> All information on existing and available fiber infrastructure will be provided by the
City of Omaha
> The City will provide Standard Plans for any landscaping,sidewalk, roadway patch-
back etc. that may be included for conduit
Deliverables
> Final verified conduit/fiber path
8.0 Communications Design
The Consultant will design the fiber optic communications network,as needed,to incorporate each
intersection and CCTV camera into the existing and/or planned Citywide fiber optic communications
network. Preliminary coordination with fiber providers, Government agencies, and other partners
has been completed, and conceptual fiber backbone and local network fiber routing has been
developed by the City management team. The Consultant shall meet and coordinate all
communication design activities with City team to ensure that the communication infrastructure
and communication circuits included as part of this project meet the overall requirements of the
citywide communication network. The goal of the project communications design is for all signal
controllers and field device locations to be connected to the citywide communication system via
the planned Layer 2 and Layer 3 fiber rings.If the Consultant determines fiber optic communications
is not feasible at any location, alternate design options (wireless, etc.) shall be discussed with City
of Omaha staff prior to any design modification being initiated that does not include fiber.
Communication network devices, specifications, and project approved material lists shall be
provided to the Consultant by the City. All designs must utilize the project approved devices and
systems. Changes or additions to the project approved material list may be considered but must be
tested and accepted for use by the City of Omaha prior to inclusion into a design project. If a Public
Interest Finding(PIF) letter is needed,the City will provide.
Consultant will develop and provide Layer 2 network architecture diagram for each hub, special
fiber splicing and termination templates, detailed fiber testing summary, and active circuit list.
Device IP addressing, network configuration information, and other network architectural
information shall be provided to the Consultant by the City team upon request.
Assumptions
> The stated design goal is to take fiber communications to all signal cabinets and ITS
devices
Deliverables
> Routing of all new interconnect and branch cables
> Identification and verification of all UPN tie-in points
Exhibit"A"
Page 7 of 14
> Layer II network diagram
> Special splice diagrams
> Testing summary
> Active circuit list for UPN
> Construction phasing scheme
9.0 Detection Design
The Consultant will design detection upgrades, as needed, at each intersection. Detection needs
shall be identified with input from the City of Omaha and will be based on the Consultant field
review, and review of existing intersection as-built plans. All detection shall be designed in
accordance with City of Omaha preferences and requirements. All existing video detection systems
and failed loop detectors shall be replaced with either radar or loop detectors based on intersection
needs and pavement condition. Design of detection must be coordinated with and will require input
from the City of Omaha to ensure the detection is appropriate.
Assumptions
> Assume all intersections will require new detection design
> Consultant will document summary of existing detection systems
> If a Public Interest Finding(PIF)letter is needed, the City will provide.
Deliverables
> Summary of detection modifications including location and type
10.0 CCTV Camera Design
The Consultant will design closed circuit television (CCTV) monitoring cameras. Preliminary CCTV
camera locations were identified in the City of Omaha Traffic Signal System Master Plan. CCTV
camera locations shall be discussed with the City of Omaha prior to design.
The CCTV cameras shall be mounted on existing signal poles at each intersection, and Consultant
shall evaluate to provide the best view of the major corridor first followed by the minor streets. The
location shall take into account trees, powerlines, buildings, etc. If required, bucket truck surveys
will be completed by the City of Omaha or consultant-provided drone.
This will include the evaluation of whether a CCTV Extension is needed and include the appropriate
distinction in the plans, details, quantities and special provisions.
Assumptions
> In general, the City desires CCTV cameras at no more than 1 mile spacing
> All CCTV cameras will be mounted on existing signal poles
> Assume existing power feeding traffic signal will be utilized
Deliverables
> Finalized list of CCTV Camera Locations, intersection corner, and mounting type
11.0 Preparation of Quantities and Cost Estimates
The Consultant will prepare quantity and opinion of probable construction cost estimates to be
included with each plan submittal (PIN Submittal, Post-PIH Submittal, Draft PS&E Submittal, and
Final PS&E Submittal). This shall include, but not be limited to Utility Relocation,Construction, and
Construction Engineering on the appropriate forms. The Construction Estimate shall be prepared
using current NDOT bid items. All quantities for which NDOT bid items do not exist will be addressed
through special provision.
Assumptions
> The City and/or System Manager will provide a list of standard NDOT bid items and
unit costs to develop cost estimates.
Exhibit"A"
Page 8 of 14
Deliverables
> Consultant will provide opinion of probable cost with each plan submittal
12.0 Preparation of Specifications and Special Provisions
City will provide the appropriate systems engineering documents to the Consultant to include into
the contract documents. The Consultant will compile the City of Omaha and NDOT standard
specifications necessary for the completion of this project. The Consultant will prepare any special
provisions as needed to fully convey the purpose of the design to the contractor. The Special
Provisions shall be prepared to supplement the requirements outlined in the NDOT Standard
Specifications. It will be the responsibility of the Consultant to coordinate the content of the special
provisions for the project specific details. It will also be the responsibility of the Consultant to sign
and seal the special provisions. Special provisions will be included with the Draft PS&E Submittal
and Final PS&E Submittal Packages and include the following topics:
➢ General Requirements
➢ Installation Requirements
➢ Material Requirements
➢ Methods of Measurement and Basis of Payment
➢ Acceptance Criteria
➢ Additional Bidding Attachments
Assumptions
➢ None
Deliverables
➢ Consultant will provide special provisions with each plan submittal
13.0 Preparation of PS&E Packages
The Consultant will provide preliminary and final traffic signal and intelligent transportation system
(ITS) design services for the improvements to the intersections listed in Appendix A. Plans,
specifications and estimates (PS&E) packages will be provided for review at Draft and Final PS&E
Submittals when the project is ready to bid.
The Consultant shall create Plan-in-Hand Plans for submittal to NDOT. This plan set will be
completed early in the design process, between conceptual design and Draft PS&E Submittal.These
plans will be reviewed by NDOT and the Consultant shall provide a disposition of comments based
on NDOT and City comments.
13.1 Encroachment Review
The Consultant will follow the NDOT published encroachment review manual to complete an
encroachment review of the project limits. City of Omaha will provide encroachment form
template.
Deliverables
• Encroachment review summary
13.2 Plan-In-Hand (PIH)Submittal
The Consultant will prepare and submit PIH Submittal documents for City of Omaha and NDOT
review. The PIH Submittal documents will substantiate that the design is progressing, and
that adequate coordination is being provided between the various technical areas.
The PIH Submittal is expected to consist of the following sheets:
D. Title/Cover
➢ Summary of Quantities
➢ General Information
Exhibit"A"
Page 9 of 14
o Signal Sheet Key Map
o Interconnect Sheet Key Map
o General Information (Notes and Legends)
o Traffic Signal Head Details
➢ Traffic Signalization Plans
> Interconnect Plans
> Special Splicing/Cabinet Layout Details
➢ Special Plans (City of Omaha Standard Plates)
The PIH Submittal will include the following(existing and proposed):
> Conduit location,type,and size
> Pull box location and type
> Cabinet and cabinet foundation location
> Fiber cable connectors,fiber splice closures, and special details.
> Network architecture diagrams
> CCTV mounting location
> Power distribution including service drops, load perimeter/meter pedestal details,
and conductor sizes
> Location and routing of communications infrastructure
> Detection location and type
> Signal head modifications
> Signal wiring diagrams
Deliverables
> Two paper copies of the PIH submittal in 11"x17"format to the City of Omaha Project
Manager. All plans circulated for review must be marked "Preliminary" and "PIH
Review"
> One PDF copy of the PIH Submittal in 11X17 format
> One PDF copy of the Preliminary Construction Cost Estimate
13.3 Post-PIH Submittal
The Consultant will prepare the Post-PIH Submittal documents for the City of Omaha and
NDOT review. The Consultant will thoroughly review and check plans and other design
documents. The Consultant will resolve comments received from City of Omaha on the 60%
submittals. The Consultant will include all necessary information and detail in the 90%design
submittals to permit bidding and construction of the system.
The Post-PIH Submittal will include the same information as the PIH submittal with the
following additions:
> Fiber splicing and termination diagrams
> Completed conduit and cable schedules
> Completed fiber cable and coil schedules
> Input and output channel assignments (sample to be provided by City)
> Quantities
> Special Provisions
Deliverables
> Two paper copies of the Post-PIH submittal in 11"x17"format to the City of Omaha
Project Manager. All plans circulated for review must be marked "Preliminary"and
"Post-PIH Submittal"
➢ Two paper copies of the Special Provisions to the City of Omaha Project Manager.
Special Provision circulated for review must be marked "Preliminary"and "Post-PIH
Submittal"
> One PDF copy of the Post-PIH Submittal Plans in 11X17 format and Special Provisions
> One PDF copy of the Estimate of Probably Construction Cost
13.4 Draft PS&E Design Submittal
Exhibit"A"
Page 10 of 14
The Consultant shall submit a Draft PS&E package,along with project checklists,to the City of
Omaha's Project Manager for final review. The package will include the plan set, special
provisions, project cost estimate, required NDOT quantity forms, and NDOT PS&E forms
required for a LPA project including the calculation of calendar days to complete the work.
The Consultant shall prepare an updated total project cost estimate. This includes revising
the submittal package to address comments from the City of Omaha Draft PS&E submittal
review and resubmitting to the City.
13.5 Final PS&E Design Submittal
This includes revising the submittal package to address blueline comments from NDOT on the
Draft PS&E Submittal and resubmitting to the City of Omaha and NDOT in all requested
formats. Coordination with NDOT LPA Division may be required, including email requests for
information/plan revisions.
14.0 Bidding and/or Construction Phase Support
The consultant will assist with bidding and construction phase services that may include
clarifications and consultation with prospective bidders during the bidding phase, preparation of
bid addenda, review of bid documents, shop drawing review, and availability to meet the City of
Omaha and/or contractor staff in the field periodically during construction.
14.1 Pre-Bid Meeting
Consultant will be present at a Pre-Bid Meeting to provide an overview of the project to
prospective bidders and respond to questions.
Assumptions
> City of Omaha will provide meeting space for Pre-Bid Meeting
> City of Omaha will run the meeting
Deliverables
> Responses to bidder questions
14.2 Respond to Bidder Questions and Prepare Addenda
Consultant will respond to bidders' questions as required during the bid phase. Consultant
will prepare addendums to the bidding documents if necessary during the bidding of the
project to clarify the design or address questions raised at the pre-bid meeting or submitted
by prospective bidders.
Assumptions
> Responses to 4 bidder questions(RFIs)and preparation of one bid addendum
Deliverables
> Summary of bidders'questions and Consultant responses
> Bid addenda for posting by City of Omaha
14.3 Permit Applications/Agreements
The Consultant shall prepare summary information and support to the City of Omaha in
completing necessary project permits. The City of Omaha will complete the necessary permit
applications. The Consultant will make all efforts to initiate permitting documentation as
early as possible in the design process to minimize potential delays to the construction
schedule.
Assumptions
> Permitting with the following agencies is assumed at a minimum
o NDOT Permits to Occupy and Undercross the ROW
o NRD/USACE Technical Review of Levee Critical areas(if needed)
o SWPPP plans and NDEE permit(as needed)
Exhibit"A"
Page 11 of 14
o Electrical Permitting with OPPD(as needed)
➢ City of Omaha will complete all necessary permit applications
Deliverables
➢ Provide summary information to the City of Omaha for their use in permitting
SUMMARY OF DELIVERABLES
• On-going Project Management
• Project Kickoff Meeting in Omaha
• Bi-weekly Progress Meetings
• Design Meetings
• Conceptual Design Technical Memorandum
• Signal Head Analysis
• High Level Preliminary Cost Estimate Update
• Vehicle and Pedestrian Clearance Interval Evaluation at 33 signals
• Topographic Field Surveys for selected Cabinet Intersection Corners
• Utility Coordination
• Signal Controller/Cabinet, Conduit Routing, Communications and Detection Design at
Project Traffic Signals
• CCTV Camera Design
• Plan-in-Hand Submittal and Field review with NDOT and City staff
• Plans, Specifications and Cost Estimates (PS&E) Packages at Post-PIN Submittal
• Plans, Specifications and Cost Estimates (PS&E) Packages at Draft PS&E Submittal
• Final Plans, Specifications and Cost Estimates (PS&E) Packages at Final PS&E Submittal
(addressing blue lines)
• Encroachment Reviews
• Requests for Information (RFIs)
Schedule
Project Timeline. The Consultant shall prepare a schedule for project milestone
dates and the schedule will be updated upon Notice to Proceed as well as
quarterly or if dates change. The consultant will show old dates with the updated
schedule dates. The document will include the project name, the project number,
project control number consultant firm name, project manager and date.
Exhibit"A"
Page 12 of 14
APPENDIX A- List of Traffic Signals
NO SIGNAL ID LOCATION SIGNAL TYPE
1 39 1-80&42 ST/NORTH RAMP TRAFFIC
2 40 1-80&42 ST/SOUTH RAMP TRAFFIC
3 41 1-80&60 ST/NORTH RAMP TRAFFIC
4 42 1-80&60 ST/SOUTH RAMP TRAFFIC
5 145 16 5T&MARTHA ST TRAFFIC
6 191 24 ST&BANCROFT ST* TRAFFIC
7 211 24 ST&MARTHA ST TRAFFIC
8 237 28 ST&MARTHA ST TRAFFIC
9 240 29 ST&ED CREIGHTON AVE/MARTHA TRAFFIC
10 272 32 AVE&CENTER ST TRAFFIC
11 274 32 AVE&ED CREIGHTON AVE TRAFFIC
12 290 36 ST&CENTER ST TRAFFIC _
13 311 40 ST&VINTON ST PEDESTRIAN
14 317 42 ST&BANCROFT ST TRAFFIC
15 318 42 ST&CENTER ST TRAFFIC
16 322 42 ST&F ST TRAFFIC
17 325 42 ST&GROVER ST TRAFFIC
18 331 42ST&MARINDAST TRAFFIC
19 336 42 ST&VALLEY ST(FIRESTATION) EMERGENCY VEHICLE
20 337 42 ST&WOOLWORTH AVE TRAFFIC
21 342 45 ST&CENTER ST TRAFFIC
22 346 48 ST&CENTER ST TRAFFIC
23 354 48 ST&WOOLWORTH ST PEDESTRIAN
24 359 50 ST&CENTER ST TRAFFIC
25 368 50 ST&SADDLE CREEK RD TRAFFIC
26 370 51 ST&CENTER ST/SADDLE CREEK TRAFFIC
27 375 52 ST&CENTER ST TRAFFIC
28 391 55 ST&CENTER ST TRAFFIC
29 400 60 ST&CENTER ST TRAFFIC
30 402 60 ST&GROVER ST TRAFFIC
31 409 60 ST&PACIFIC ST TRAFFIC
32 415 60 ST&WALNUT ST PEDESTRIAN
33 601 35 ST&CENTER ST PEDESTRIAN
34 681 50 ST&F ST TRAFFIC
35 682 50 ST&G ST TRAFFIC
36 683 60 ST&F ST TRAFFIC
37 749 1-80&24 ST TRAFFIC
38 860 18 ST&MARTHA ST PEDESTRIAN
39 1164 50TH&SOUTH OMAHA TRIAL PEDESTRIAN HYBRID BEACON
40 333 42ND ST&PACIFIC ST* TRAFFIC
*interconnect only;signal/cabinet upgrades completed as part of other projects
Exhibit"A"
Page 13 of 14
APPENDIX B-Map of Traffic Signals
a -,
• * Came.;slat a Carte<
a —• a t..lo<-.1-,,,sa 2
riente,st
• a
,;:.
IN E
r^
= C.,
.... I —
U.,
• •
•
r's.‹,) •
•
• • •
•
a
—
Exhibit"A"
Page 14 of 14
•
Staffing Plan (CPFF) Preliminary & Final Design
Project Name: Signal Infrastructure Phase C1 Project Number: MAPA-28(143)OPW 52957
Consultant: Felsburg Holt&Ullevig Control Number: 22865
Consultant PM: Mark Meisinger, PE, PTOE,402-445-4405, mark.meisinger@fhueng.complIMI FELSBURG
LPA RC: Nick Gordon,PE, PTOE,402-444-5101,402.444.5101,nicholas.gordon@cityofomaha.org H 0 LT &
NDOT PC: Jenna Habegger,402-479-3607,jenna.habegger@nebraska.gov di
U L L E V I G
Date: April 15, 2022 connecting&enhancing communities
# Code Classification # Code Classification Overhead Rate[11
1 PR Principal 6 SENV Senior Environmental Scientist 179.74%
2 PM Project Manager 7 ENV Environmental Scientist Fee for Profit Rate[2]
3 SENG Sr. Engineer 8 SPC Survey Party Chief 12.20%
4 ENG Engineer 9 SUR Surveyor I FCCM (if applicable)
5 SDES Sr. Designer/Technician 10 ADM Administrative
BLENDED RATES TABLE Template:T-WB-B-2 LPA PE(rev 10-23-2019)CPFF
Job Title& Current Actual
Employee Name Certifications 131 Salary Rate/Hr(41 %Assigned
Principal
Kyle Anderson, PE, PTOE Principal III $95.19 100%
Blended Rate: $95.19
Project Manager
Mark Meisinger, PE, PTOE Principal I $77.88 100%
Blended Rate: $77.88
Sr. Engineer
Daivd Andersen, PE, PTOE, IMSA Engineer V $52.88 20%
Kevin Hock, PE Eng IV $44.23 20%
Adam Denney, PE, PTOE Sr Eng $59.13 60%
Blended Rate: $54.90
Engineer
Tim Adams, PE Eng III $40.38 10%
Connor Gilinsky, PE Eng III $40.38 50%
Kornel Gwiazdowksi Eng I $32.69 30%
Brandon Vacek, PE Eng III $39.90 10%
Blended Rate: $38.03
Sr. Designer/Technician
Brian Moffatt Sr Des $52.50 100%
Blended Rate: $52.50
Senior Environmental Scientist
Allison Sambol Sr. Env. Sci. $62.50 70%
Carin Richardson Sr. Env. Sci. $57.69 30%
Blended Rate: $61.06
Environmental Scientist
Jessica Jurzenski, PhD Env. Sci. IV $46.70 20%
Adam Behmer, CE Env. Sci. IV $46.15 10%
Kody Unstad Env. Sci. IV $45.67 40%
Jake Lloyd Env. Sci. IV $45.43 10%
Blake Walter, GISP Env. Sci. III $38.46 20%
Blended Rate: $44.46
Administrative
Marissa Hop Administrative $27.00 20%
Linda Stuchlik Sr.Admin Assistant $41.00 20%
Jennie Sutton Administrative $30.25 60%
Blended Rate: $31.75
Exhibit"B"
Page 1 of 15
Consultant's Estimate of Hours Preliminary & Final Design
Project Name: Signal Infrastructure Phase Cl Project Number: MAPA-28(143) OPW 52957
Consultant: Felsburg Holt& Ullevig Control Number: 22865
Consultant PM: Mark Meisinger, PE, PTOE, 402-445-4405, mark.meisinger@fhueng.com
NDOT PC: Jenna Habegger, 402-479-3607,jenna.habegger@nebraska.gov
Date: April 15, 2022
TASKS PERSONNEL CLASSIFICATIONS
PR PM SENG ENG SDES SENV ENV SPC SUR ADM Total
1.0 Project Management and Meetings 10 68 28 8 8 8 130
1.1. Project Oversight and Direction 10 40 8 58
1.2. Project Coordination with Others 8 4 12
1.3. General Project Meetings
1.3.1 Kick-Off Meeting 4 6 2 4 16
1.3.2 Progress Meetings 6 6 2 14
1.3.3 Design Review Meetings 6 6 2 14
1.3.4 Plan-in-Hand Meeting 4 6 2 4 16
2.0 Conceptual Design 36 97 49 8 190
2.1 Document&Review 4 4
8
2.2 Data Collection/Field Research 8 16 16 40
2.3 Signalized Intersection Design Evaluations(33 intersections) 4 33 33 70
2.4 Conceptual Design Technical Memorandum 16 40 8 64
2.5 Update Preliminary Cost Estimate 4 4 8
3.0 Section Intentionally Blank
4.0 Topographic Survey/Base Mapping 2 2 4
4.1 Topographical Survey(RW Coordination) 2 2 4
5.0 Utility Coordination 16 16 32
5.1 Utility Coordination 16 16 32
6.0 Signal Design 8 26 40 66 140
6.1 Signal Design(33 intersections) 8 26 40 66 140
_
7.0 Interconnect Conduit Routing Design 8 4 12
7.1 Interconnect Conduit Routing Design(APEX Coordination) 8 4 12
8.0 Communications Design 8 4 12
8.1 Communications Network Design (APEX Coordination) 8 4 12
9.0 Detection Design 14 16 8 40 78
9.1 Detection Design 14 16 8 40 78
10.0 CCTV Camera Design 10 10 10 30
10.1 Integration Detail Design(10 CCTVs) 10 10 10 30
11.0 Preparation of Quantities and Cost Estimates 10 10 16 16 52
11.1 Quantity Tabulations/Cost Estimates 10 10 16 16 52
12.0 Preparation of Specs&Special Provisions 2 8 4 14
12.1 Standard Details/Specifications 2 8 4 14
13.0 Preparation of PS&E Packages 24 40 84 68 216
13.1 Encroachment Review 2 8 8 18
13.2 60%Design/Plan In Hand(PIH)Submittal 8 12 20 12 52
13.3 90%Design(Post PIH)Submittal 2 8 24 24 58
13.4 Draft PS&E Design Submittal 8 8 24 24
64
13.5 Final PS&E Design Submittal 4 4 8 8 24
14.0 Bidding and/or Construction Phase Support 18 14 2 34
14.1 Pre Bid Meeting 0 4
4
14.2 Respond to Bidder Questions and Prepare Addenda 12 14 26
14.3 Permit Applications/Agreements 2 2 0 4
Total Days 1.5 27.3 33.4 27.4 25.3 1.25 1 1 118
Total Hours 12 218 267 219 202 10 8 8 944.0
Exhibit"B"
Page 2 of 15
•
IDI'reCt :ExpenS@S 5 Preliminary & Final Design
Project Name: Signal Infrastructure Phase C1 Project Number: MAPA-28(143)OPW 52957
Consultant: Felsburg Holt&Ullevig Control Number: 22865
Date: April 15,2022
ISubconsultants: ° ,Amount
Apex Design, PC $85,574.11
RW Engineering&Surveying $4,511.03
Subtotal $90,085.14
Printing;andReproduction ;.,. Qty UnitCost Amount,
Color Copies 400 $0.19 $76.00
Black&White Copies 1500 $0.12 $180.00
Subtotal $256.00
Mileage/TraveL:, Qty . ! :Unit,Cost '` . Amount
Mileage(@$0.585/mile)(Site Visits) 125 $0.585 $73.13
Subtotal $73.13
Lodging/Meals.: 'Qty Unit,Cost Amount
Subtotal
Other Miscellaneous'Costs. 'Qty Unit-Cost Amount
Misc. Costs 1 $21.90 $21.90
Subtotal $21.90
TOTAL:DIRECT,EXPENSES $90,436:17
Exhibit"B"
Page 3 of 15
Notes &.Assumptions Preliminary & Final Design
Project Name: Signal Infrastructure Phase C1 Project Number: MAPA-28(143)OPW 52957
Consultant: Felsburg Holt&Ullevig Control Number: 22865
Date: April 15, 2022
Notes':&Assumptions
1. Assumed City would provide installation details for pull boxes, conduit, splicing,traffic cabinets and FHU would update as needed.
Hours were not included for developing details.
2. Assumed City will compile most recent special provisions and FHU would update as needed.
3. Assumed FHU would be responsible for preparation of meeting agendas, minutes, correspondance, etc.for 15 meetings
4. Task 10.0 Assumes approximately 10 CCTV installations.
Exhibit"B"
Page 4 of 15
Project Cost & Breakdown Preliminary & Final Design
Project Name: Signal Infrastructure Phase Cl Project Number: MAPA-28(143) OPW 52957
Consultant: Felsburg Holt& Ullevig Control Number: 22865
Consultant PM: Mark Meisinger, PE, PTOE,402-445-4405, mark.meisinger@fhueng.com
NDOT PC: Jenna Habegger, 402-479-3607,jenna.habegger@nebraska.gov
Date: April 15, 2022
DIRECT LABOR COSTS
Classification Hours Rate Amount
Principal 12 $95.19 $1,142.28
Project Manager 218 $77.88 $16,977.84
Sr. Engineer 267 $54.90 $14,658.30
Engineer 219 $38.03 $8,328.57
Sr. Designer/Technician 202 $52.50 $10,605.00
Senior Environmental Scientist 10 $61.06 $610.60
Environmental Scientist 8 $44.46 $355.68
Survey Party Chief
Surveyor I
Administrative 8 $31.75 $254.00
944 Subtotal $52,932.27
DIRECT EXPENSES Amount
Subconsultants: $90,085.14
Printing And Reproduction: $256.00
Mileage/Travel: $73.13
Lodging/Meals:
Other Miscellaneous Costs: $21.90
Subtotal $90,436.17
TOTAL PROJECT COSTS Amount
Direct Labor Costs $52,932.27
Labor Cost Escalation Factor for Multi-year Projects(if allowed): N
Overhead @ 179.74% $95,140.46
Facility Capital Cost of Money(FCCM) @ (labor costs x FCCM%)
Direct Expenses $90,436.17
Fee for Profit Rate @ 12.20% $18,064.87
TOTAL COST $256,573.77
Exhibit"B"
Page 5 of 15
•
Staffing Plan (CPFF) Preliminary & Final Design
SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT
Project Name: Signal Infrastructure Phase C1 Project Number: MAPA-28(143)OPW 52957
SubConsultant: CONSOR Engineers, LLC dba Apex Design Control Number: 22865
Sub PM: Jason Duffy, PE, 720-420-4993, Jason.Duffy@apexdesignpc.com p �y
LPA RC: Nick Gordon, PE, PTOE,402-444-5101,402.444.5101,nicholas.gordon@cityofomaha.org apex 'esicin
NDOT PC: Jenna Habegger,402-479-3607,jenna.habegger@nebraska.gov
a 1~CONSOR company
Date: April 15, 2022
# Code Classification # Code Classification Overhead Rate 111
1 PR Principal 6 SENV Senior Environmental Scientist 151.83%
2 PM Project Manager 7 ENV ,Environmental Scientist Fee for Profit Rate[2]
3 SENG Sr. Engineer 8 SPC Survey Party Chief 12.20%
4 ENG Engineer 9 SUR Surveyor I FCCM (if applicable)
5 SDES Sr. Designer/Technician 10 ADM Administrative 0/0
BLENDED RATES TABLE Template:T-WB-B-2 LPA PE(rev 10-23-2019)CPFF
Job Title& Current Actual
Employee Name Certifications 131 Salary Rate/Hr141 % Assigned
Principal
Blended Rate:
Project Manager
Blended Rate:
Sr. Engineer
Jason Duffy Senior ITS Engineer, PE $65.57 90%
Tony Hurd Senior Transportation Engineer, PE $76.00 10%
Blended Rate: $66.61
Engineer
David Murie ITS Engineer, EIT $42.61 50%
Kimberly Osaki ITS Engineer, PE $50.36 15%
Scott Goetz Engineer-in-Training $38.36 35%
Blended Rate: $42.29
Sr. Designer/Technician
Blended Rate:
Senior Environmental Scientist
Blended Rate:
Environmental Scientist
Blended Rate:
Administrative
Paula Gibbs Senior Administrator $34.94 100%
Blended Rate: $34.94
Exhibit"B"
Page 6 of 15
SubConsultant Hours Preliminary & Final Design
SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT
Project Name: Signal Infrastructure Phase C1 Project Number: MAPA-28(143)OPW 52957
SubConsultant: CONSOR Engineers, LLC dba Apex Design Control Number: 22865 _
Sub PM: Jason Duffy, PE,720-420-4993,Jason.Duffy@apexdesignpc.com
NDOT PC: Jenna Habegger,402-479-3607,jenna.habegger@nebraska.gov
Date: April 15,2022
TASKS PERSONNEL CLASSIFICATIONS
PR PM SENG ENG SDES SENV ENV SPC SUR ADM Total
1.0 Project Management and Meetings 28 24 14 66
1.1. Project Oversight and Direction 8 14 22
1.2. Project Coordination with Others 4 4 8
1.3. General Project Meetings
1.3.1 Kick-Off Meeting 4 4 8
1.3.2 Progress Meetings 4 6 10
1.3.3 Design Review Meetings 4 6 10
1.3.4 Plan-in-Hand Meeting 4 4 8
2.0 Conceptual Design 20 48 68
2.1 Document&Review 4 4
2.2 Data Collection/Field Research 8 16 24
2.3 Signalized Intersection Design Evaluations(33 intersections)
2.4 Conceptual Design Technical Memorandum 8 24 32
2.5 Update Preliminary Cost Estimate 4 4 8
3.0 NEPA Evaluation
3.1. Meetings
3.2. Programming Forms
3.3. CE Document
3.4. Section 106
3.5. Section 4(f)
3.6. Section 6(f)
3.7. CE Quality Control
3.8. Threatened and Endangered Species(T&E)Review
3.9. Hazardous Materials Review(HMR)
3.1o.Wetland Determination
3.11. Green Sheets
4.0 Topographic Survey/Base Mapping 8 8
4.1 Topographical Survey 8 8
5.0 Utility Coordination
5.1 Utility Coordination
6.0 Signal Design
6.1 Signal Design(33 intersections)
7.0 Interconnect Conduit Routing Design 32 64 96
7.1 Interconnect Conduit Routing Design 32 64 96
8.0 Communications Design 44 90 134
8.1 Communications Network Design 44 90 134
9.0 Detection Design
9.1 Detection Design
10.0 CCTV Camera Design
10.1 Integration Detail Design
11.0 Preparation of Quantities and Cost Estimates 4 8 12
11.1 Quantity Tabulations/Cost Estimates 4 8 12
12.0 Preparation of Specs&Special Provisions 2 4 6
12.1 Standard Details/Specifications 2 4 6
13.0 Preparation of PS&E Packages 62 132 194
13.1 Encroachment Review
13.2 60%Design/Plan In Hand(PIN)Submittal 20 48 68
13.3 90%Design Submittal 20 40 60
13.4 Draft PS&E Design Submittal 16 32 48
13.5 Final PS&E Design Submittal 6 12 18
14.0 Bidding and/or Construction Phase Support 2 2 4
14.1 Pre Bid Meeting
14.2 Respond to Bidder Questions and Prepare Addenda 2 2 4
14.3 Permit Applications/Agreements
Total Days 24.3 47.5 1.8 74
Total Hours 194 380 14 588.0
Exhibit"B"
Page 7 of 15
Direct Expenses Preliminary & Final Design
SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT
Project Name: Signal Infrastructure Phase C1 Project Number: MAPA-28(143) OPW 52957
SubConsultant: CONSOR Engineers, LLC dba Apex Design Control Number: 22865
Date: April 15, 2022
ISubconsultants: Amount
Apex Design, PC X
RW Engineering&Surveying X
Subtotal
Printing and Reproduction: Qty Unit Cost Amount
Color Copies 100 $0.19 $19.00
Black&White Copies 500 $0.12 $60.00
Subtotal $79.00
Mileage/Travel: Qty Unit Cost Amount
Airfare(2 trips total-2 during Design) 2 $300.00 $600.00
Rental Car+ Fuel (2 days of Rental Car) 4 $80.00 $320.00
Mileage (@$0.58/mile) (2 trips to airport x 60 miles) 120 $0.58 $69.60
Subtotal $989.60
Lodging/Meals: Qty Unit Cost Amount
Motel-Standard Rate$96+tax $113.00
Motel-Omaha/Douglas Co. $110+tax 6 $126.00 $756.00
Meals& Incidentals(GSA Standard Rate, full days) $64.00
Meals& Incidentals(GSA Standard Rate, first and last days) 4 $48.00 $192.00
Meals& Incidentals(GSA Std Rate, full days, Omaha/Douglas Co.) 4 $64.00 $256.00
Subtotal $1,204.00
Other Miscellaneous Costs: Qty Unit Cost Amount
Misc. Costs
Subtotal
TOTAL DIRECT EXPENSES $2,272.60
Exhibit"B"
Page 8 of 15
•
Notes & Assumptions Preliminary & Final Design
SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT
Project Name: Signal Infrastructure Phase C1 Project Number: MAPA-28(143)OPW 52957
SubConsultant: CONSOR Engineers, LLC dba Apex Design Control Number: 22865
Date: April 15, 2022
Notes&Assumptions
Exhibit"B"
Page 9 of 15
Project Cost & Breakdown Preliminary & Final Design
SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT
Project Name: Signal Infrastructure Phase Cl Project Number: MAPA-28(143) OPW 52957
SubConsultant: CONSOR Engineers, LLC dba Apex Design Control Number: 22865
Sub PM: Jason Duffy, PE, 720-420-4993, Jason.Duffy@apexdesignpc.com
NDOT PC: Jenna Habegger, 402-479-3607,jenna.habegger@nebraska.gov
Date: April 15, 2022
DIRECT LABOR COSTS
Classification Hours Rate Amount
Principal
Project Manager
Sr. Engineer 194 $66.61 $12,922.34
Engineer 380 $42.29 $16,070.20
Sr. Designer/Technician
Senior Environmental Scientist
Environmental Scientist
Survey Party Chief
Surveyor I
Administrative 14 $34.94 $489.16
588 Subtotal $29,481.70
DIRECT EXPENSES Amount
Subconsultants:
Printing And Reproduction: $79.00
Mileage/Travel: $989.60
Lodging/Meals: $1,204.00
Other Miscellaneous Costs:
Subtotal $2,272.60 .
TOTAL PROJECT COSTS Amount
Direct Labor Costs $29,481.70
Labor Cost Escalation Factor for Multi-year Projects(if allowed): N
Overhead @ 151.83% $44,762.07
Facility Capital Cost of Money(FCCM) @ (labor costs x FCCM%)
Direct Expenses $2,272.60
Fee for Profit Rate @ 12.20% $9,057.74
SUBCONSULTANT TOTAL COST $85,574.11
Exhibit"B"
Page 10 of 15
Staffing Plan (CPFF) Preliminary & Final Design
SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT
Project Name: Signal Infrastructure Phase C1 Project Number: MAPA-28(143)OPW 52957
SubConsultant: R.W.Engineering&Surveying,Inc. Control Number: 22865
Sub PM: Russell W.Falconer,PE �1 A I
LPA RC: Nick Gordon,PE,PTOE,402-444-5101,402.444.5101,nicholas.gordon@cityofomaha.org " A
NDOT PC: Jenna Habegger,402-479-3607,jenna.habegger@nebraska.gov
Date: April 15,2022 E - • s�.a.=..
# Code Classification # Code Classification Overhead Rate Ill
1 PR Principal 6 RLS Register Land Surveyor 203.64%
2 PM Project Manager 7 CAD CAD Technician Fee for Profit Rate121
3 SENG Sr. Engineer 8 SPC Survey Party Chief 12.20%
4 ENG Engineer 9 SUR Surveyor I FCCM(if applicable)
5 SDES Sr. Designer/Technician 10 ADM Administrative
BLENDED RATES TABLE Template:T-WB-B-2 LPA PE(rev 10-23-2019)CPFF
Job Title& Current Actual
Employee Name Certifications i31 Salary Rate/Hr141 %Assigned
Principal
Russell Falconer $67.50 100%
Blended Rate: $67.50
Project Manager
Cory Gross $47.50 100%
Blended Rate: $47.50
Sr. Engineer
Blended Rate:
Engineer
Blended Rate:
Sr. Designer/Technician
Blended Rate:
Register Land Surveyor
Cory Gross $47.50 100%
Blended Rate: $47.50
CAD Technician
Pat Bjork $43.25 20%
Nick Adams $21.00 80%
Blended Rate: $25.45
Survey Party Chief
Rodney Arellano-Alvarado $28.00 50%
Aaron Black $24.25 50%
Blended Rate: $26.13
Surveyor I
Brett Kapperman $21.50 50%
Dan Grell $18.75 50%
Blended Rate: $20.13
Administrative
Mat Nisotis $27.85 100%
Blended Rate: $27.85
Exhibit"B"
Page 11 of 15
SubConsultant Hours Preliminary & Final Design
SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT
Project Name: Signal Infrastructure Phase C1 Project Number: MAPA-28(143)OPW 52957
SubConsultant: R.W. Engineering&Surveying, Inc. Control Number: 22865
Sub PM: Russell W.Falconer, PE
NDOT PC: Jenna Habegger,402-479-3607,jenna.habegger@nebraska.gov
Date: April 15,2022
TASKS PERSONNEL CLASSIFICATIONS
PR PM SENG ENG SDES RLS CAD SPC SUR ADM Total
1.0 Project Management and Meetings 1 2 1 4
1.1. Project Oversight and Direction 1 1 1 3
1.2. Project Coordination with Others 1 1
1.3. General Project Meetings
1.3.1 Kick-Off Meeting
1.3.2 Progress Meetings
1.3.3 Design Review Meetings
1.3.4 Plan-in-Hand Meeting
2.0 Conceptual Design
2.1 Document&Review
2.2 Data Collection/Field Research
2.3 Signalized Intersection Design Evaluations(33 intersections)
2.4 Conceptual Design Technical Memorandum
2.5 Update Preliminary Cost Estimate
3.0 NEPA Evaluation
3.1. Meetings
3.2. Programming Forms
3.3. CE Document
3.4. Section 106
3.5. Section 4(f)
3.6. Section 6(f)
3.7. CE Quality Control
3.8. Threatened and Endangered Species(T&E)Review
3.9. Hazardous Materials Review(HMR)
3.1o.Wetland Determination
3.11. Green Sheets
4.0 Topographic Survey/Base Mapping 4 8 16 16 44
4.1 Topographical Survey 4 8 16 16 44
5.0 Utility Coordination
5.1 Utility Coordination
6.0 Signal Design
6.1 Signal Design(33 intersections)
7.0 Interconnect Conduit Routing Design
7.1 Interconnect Conduit Routing Design
8.0 Communications Design
8.1 Communications Network Design
9.0 Detection Design
9.1 Detection Design
10.0 CCTV Camera Design
10.1 Integration Detail Design
11.0 Preparation of Quantities and Cost Estimates
11.1 Quantity Tabulations/Cost Estimates
12.0 Preparation of Specs&Special Provisions
12.1 Standard Details/Specifications
13.0 Preparation of PS&E Packages
13.1 Encroachment Review
13.2 60%Design/Plan In Hand(PIH)Submittal
13.3 90%Design Submittal
13.4 Draft PS&E Design Submittal
13.5 Final PS&E Design Submittal
14.0 Bidding and/or Construction Phase Support
14.1 Pre Bid Meeting
14.2 Respond to Bidder Questions and Prepare Addenda
14.3 Permit Applications/Agreements
Total Days 0.13 0.25 0.5 1 2 2 0.1 6
Total Hours 1 2 4 8 16 16 1 48.0
Exhibit"B"
Page 12 of 15
Direct Expenses Preliminary & Final Design
SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT
Project Name: Signal Infrastructure Phase C1 Project Number: MAPA-28(143)OPW 52957
SubConsultant: R.W. Engineering &Surveying, Inc. Control Number: 22865
Date: April 15, 2022
ISubconsultants: Amount
Subtotal
Printing and Reproduction: Qty Unit Cost Amount
Subtotal
Mileage/Travel: Qty Unit Cost Amount
Subtotal
Lodging/Meals: Qty Unit Cost Amount
Subtotal
Other Miscellaneous Costs: Qty Unit Cost Amount
Subtotal
TOTAL DIRECT EXPENSES
Exhibit"B"
Page 13 of 15
•
Notes & Assumptions Preliminary & Final Design
SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT SUBCONSULTANT - SUBCONSULTANT
Project Name: Signal Infrastructure Phase C1 Project Number: MAPA-28(143) OPW 52957
SubConsultant: R.W. Engineering&Surveying, Inc. Control Number: 22865
Date: April 15, 2022
Notes &Assumptions
Exhibit"B"
Page 14 of 15
Project Cost & Breakdown Preliminary & Final Design
SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT - SUBCONSULTANT
Project Name: Signal Infrastructure Phase Cl Project Number: MAPA-28(143)OPW 52957
SubConsultant: R.W. Engineering &Surveying, Inc. Control Number: 22865
Sub PM: Russell W. Falconer, PE
NDOT PC: Jenna Habegger,402-479-3607,jenna.habegger@nebraska.gov
Date: April 15, 2022
DIRECT LABOR COSTS
Classification Hours Rate Amount
Principal 1 $67.50 $67.50
Project Manager 2 $47.50 $95.00
Sr. Engineer
Engineer
Sr. Designer/Technician
Register Land Surveyor 4 $47.50 $190.00
CAD Technician 8 $25.45 $203.60
Survey Party Chief 16 $26.13 $418.08
Surveyor I 16 $20.13 $322.08
Administrative 1 $27.85 $27.85
48 Subtotal $1,324.11
DIRECT EXPENSES Amount
Subconsultants:
Printing And Reproduction:
Mileage/Travel:
Lodging/Meals:
Other Miscellaneous Costs:
Subtotal
TOTAL PROJECT COSTS Amount
Direct Labor Costs $1,324.11
Labor Cost Escalation Factor for Multi-year Projects(if allowed): N
Overhead @ 203.64% $2,696.42
Facility Capital Cost of Money(FCCM) @ (labor costs x FCCM%)
Direct Expenses
Fee for Profit Rate @ 12.20% $490.50
SUBCONSULTANT TOTAL COST $4,511.03
Exhibit"B"
Page 15 of 15
EXHIBIT "C"
N EB F?,^.5 K^ FEES AND PAYMENTS
DEPARTMENT OF TRANSPORTATION
Template T-EXH-1 CPFF(rev 3/30/22)
1. PAYMENT METHOD
Payments under this Agreement will be made based on a Cost-Plus-Fixed-Fee for Profit
(CPFF) payment method. Consultant will be paid for acceptable actual services performed in
accordance with Section 4. ALLOWABLE COSTS, plus a fixed fee for profit in accordance with
Section 6. FIXED FEE FOR PROFIT.
2. MAXIMUM AGREEMENT AMOUNTS
The following are the maximum payment amounts established under this Agreement for each
category of cost. Consultant shall not be paid for any cost that exceeds these amounts
without prior written approval from LPA, or State on LPA's behalf. The "indirect costs and
direct expenses" category may be adjusted to exceed the amount listed below; however, any
adjustment will not increase the total agreement amount.
AMOUNT CATEGORY
$ 52,932.27 for actual direct labor costs
$185,576.63 for indirect costs and direct expenses
$ 18,064.87 for a fixed fee for profit
$256,573.77 total agreement amount
3. SUBCONSULTANT OVER-RUNS AND UNDER-RUNS
Over-run: Consultant shall require all subconsultants to notify Consultant any time it has been
determined that a subconsultant's costs will exceed its fee estimate (over-run). Consultant
must provide an acceptable justification for the over-run and obtain LPA, or State on LPA's
behalf, prior written approval before incurring any cost over-run expenses. If approved by
LPA, or State on LPA's behalf, a supplemental agreement will be prepared to either shift funds
from Consultant to its subconsultant(s) or increase the contract maximum. Contract increases
will be considered when additional scope of services are required.
Under-run: If the amount of any subconsultant's cost is less than its fee estimate (under-run),
Consultant understands that the amount of the under-run will be subtracted from the total
compensation to be paid to Consultant under this Agreement, unless LPA, or State on LPA's
behalf, gives prior written approval and, if necessary, approval from Federal Highway
Administration (FHWA). If Consultant wishes to shift the balance of subconsultant's fee to
Consultant, justification must be provided to LPA and State. Shifting of funds may be
approved by LPA, or State on LPA's behalf, with no increase to the fixed fee for profit unless
additional scope of services is required by Consultant, and additional fee is necessary to
complete the work under this Agreement.
4. ALLOWABLE COSTS
Allowable costs are direct labor costs, indirect costs, and direct non-labor costs as defined
below which Consultant has incurred within 180 days before State has received Consultant's
invoice. Costs that Consultant incurred to correct mistakes or errors attributable to
Consultant's or Subconsultant's own actions are not allowable costs, even if those costs would
not exceed the amounts listed in Section 2. MAXIMUM AGREEMENT AMOUNTS.
A. Direct Labor Costs are the costs Consultant pays its employees for the time they are
working directly on the project and are calculated by multiplying the hourly rate of pay by
the hours worked (in increments not less than one quarter hour).
1) Hourly Rates: For hourly employees, the hourly earnings rate shall be the
employee's regular hourly pay rate during regular (40) hours of work per pay week. If
Project No. MAPA-28(143) Sheet 1 of 10
Control No. 22865 Agreement No. BK2237
EXHIBIT "C"
FEES AND PAYMENTS
overtime hours are worked on this project, State will only pay for employee's regular
hourly pay rate. State will not pay the premium pay portion of the overtime hours.
For salaried employees, the hourly earnings rate shall be the employee's actual
hourly rate as recorded in the Consultant's accounting books of record, multiplied by
the hours worked.
The Staffing Plan must identify by name all employees of the Consultant who are
reasonably expected to provide Services under this Agreement. Reference Staffing
Plan Section of this Agreement regarding changes in personnel.
2) Time Reports: All hours charged to the project must be documented on time
distribution records. The records must clearly indicate the daily number of hours each
employee worked on any project or activities for the entire pay period. Time reports
must provide the employee's name and position, dates of service, and a clear,
identifying link to the projects, such as project description, project number,
control number, and pertinent work phase. Consultant must establish an
adequate system of internal controls to ensure that time charged to projects are
accurate and have appropriate supervisory approval.
B. Indirect Costs (Overhead and FCCM) are the indirect labor costs, indirect non-labor costs,
and direct labor additives that are allowable in accordance with Federal Acquisition
Regulations 48 CFR 31 (Contract Cost Principles and Procedures). Indirect 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 Indirect Cost Rates (ICR); or if the
ICR is unknown or unavailable, Consultant will be allowed to use the most recent
provisional ICR approved by State. Changes in the ICR that occur during the project
period will not be cause for a change in the total agreement amount established in
Section 2. MAXIMUM AGREEMENT AMOUNTS.
C. Direct Non-Labor Costs (Direct Expenses) are all necessary, properly documented, and
allowable costs related to the Consultant completing the Services. All costs must be
supported by detailed receipts or invoices, unless otherwise specified below. Direct non-
labor costs include, but are not limited to, the following:
Transportation, mileage, lodging, and meals, subject to limitations specified
below; Communication costs; Reproduction and printing costs; Special
equipment and materials required for the project and approved by LPA, or
State on LPA's behalf; Special insurance premiums if required solely for this
Agreement; Subconsultant costs; Such other allowable items as approved by
LPA, or State on LPA's behalf.
1) A non-labor cost charged as a direct cost cannot be included in Consultant's
overhead rate. If, for reasons of practicality, Consultant does treat a direct non-labor
cost category in its entirety as an overhead cost, then such costs are not eligible to be
additionally billed as a direct expense to this project.
2) Costs for subconsultants may not exceed the amounts shown on the attached
Consultant's Fee Proposal for each subconsultant unless agreed upon in writing by
the Consultant and LPA, or State on LPA's behalf. Consultant shall require
subconsultant costs to have the same level of documentation as required of
Consultant. Consultant must review subconsultants' invoices and progress reports to
ensure they are accurate, include only allowable costs, and have proper
documentation before sending to State.
Project No. MAPA-28(143) Sheet 2 of 10
Control No. 22865 Agreement No. BK2237
EXHIBIT "C"
FEES AND PAYMENTS
3) The following direct non-labor costs (direct expenses) will be reimbursed at actual
costs, not to exceed the rates as shown below.
(a) TRANSPORTATION —Automobile rentals, air fares, and taxi/shuttle
transportation will be reimbursed at the actual, reasonable cost and, if discounts
are applicable, the Consultant shall give LPA and State the benefit of all
discounts. Itemized receipts must be submitted with invoices. A bank card
receipt that displays only the total cost of the transportation expense is not
sufficient documentation. Tips must be included in the total fare amount claimed
on the travel log form. Tips for complimentary transportation are considered an
incidental expense and cannot be claimed as a transportation-related expense.
(b) MILEAGE—The reimbursement for mileage associated with the use of company
owned vehicles will be the prevailing standard rate as established by the Internal
Revenue Service (IRS) through its Revenue Procedures. Reimbursement for
mileage associated with the use of a privately-owned vehicle (POV), is limited to
the lesser of:
(i) The mileage rate that the Consultant reimbursed to the person who
submitted the claim for POV use; or
(ii) The prevailing standard rate as established by the IRS.
NOTE: When Consultant is seeking only reimbursement for mileage, Consultant
must itemize travel on State's Travel Log, itemize on invoice, or include a
separate mileage log which includes the following information: employee name,
vehicle identification, date of travel and miles driven, reimbursement rate and
total expenses. The total expenses are to be shown on the invoice as a direct
expense. State's Travel log form is available on the State's website at
http://dot.nebraska.gov/busi ness-center/consultant/.
(c) LODGING —The reimbursement for lodging rates will be limited to the prevailing
standard rate as indicated on the U.S. General Services Administration's (GSA)
website at http://www.gsa.gov/portal/category/100120. Consultant shall give LPA
and State the benefit of all lodging discounts. Lodging receipts must be
submitted with invoices.
4) Meal and incidental (M&I) expenses will be reimbursed on a per diem basis, not to
exceed the rates as shown below. The incidental expenses portion of the per diem
rate includes, but is not limited to, courtesy transportation related tips, such as hotel,
park and ride, or airport shuttles; and fees and tips to porters, hotel employees,
baggage carriers, and flight attendants. No receipts are required for M&I expenses.
(a) The State per diem rate for the destination of travel is 70% of the applicable
Federal GSA per diem rate. The State per diem breakdown amounts for
breakfast, lunch, dinner, and incidental expenses are 70% of the Federal GSA
per diem breakdown amounts.
(b) The State per diem rate shall be reduced by the State meal breakdown
amount(s) for any meal provided by others. Examples include:
Project No. MAPA-28(143) Sheet 3 of 10
Control No. 22865 Agreement No. BK2237
•
EXHIBIT "C"
FEES AND PAYMENTS
(i) Meals included in a conference or event fee
(ii) Meals provided by lodging facility
(iii) Meals purchased by 3rd Party
(iv) Meals charged directly to and paid for by the State
(c) MULTI-DAY TRAVEL—Travel that includes at least one overnight stay.
(i) M&I reimbursement on the first and last day of travel will be reduced to 75%
of the State per diem rate.
(ii) Except for a meal provided by others (see paragraph 4)(b) above), all meals
may be claimed on the first and last day of travel irrespective of the start
and stop times for those days.
(d) SAME DAY TRAVEL—Travel that does not include an overnight stay.
(i) Employee shall not claim reimbursement for a meal that was purchased
within 20 miles of the city or town of the employee's residence or primary
work location.
(ii) M&I reimbursement for same day travel will be reduced to 75% of the State
per diem breakdown amounts.
(iii) The following criteria must be met for Consultant and its employees to be
eligible for the M&I reimbursement on same day travel.
(1) Breakfast- Employee leaves for same day travel at or before 6:30 a.m.
or 1-1/2 hours before the employee's shift begins, whichever is earlier,
the breakfast rate may be claimed.
(2) Lunch — No reimbursement is allowed.
(3) Dinner/Supper— Employee returns from same day travel or work
location at or after 7:00 p.m., or 2 hours after the employee's shift ends,
whichever is later, the evening meal rate may be claimed.
(4) Incidental Expenses— No reimbursement is allowed unless the
employee is also approved for breakfast or dinner meal expenses.
(5) The time limitations set forth above do not include the time taken for the
meal.
(iv) EXCEPTION to same-day travel meal reimbursement for Construction
Engineering (CE) Services Agreements—For CE Services Agreements,
Consultant will not be eligible for reimbursement for meals related to same-
day travel.
5) EXTENDED STAY/LONG TERM TRAVEL
No extended stay arrangements, such as apartments or weekly/monthly meal
reimbursement rates, have been approved.
5. INELIGIBLE COSTS
State will not pay 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 SCHEDULE Section
of this Agreement, unless approved in writing by LPA, or State on LPA's behalf. Per Section
4. ALLOWABLE COSTS, State will not pay for costs incurred, but not submitted to State
within 180 days of the date incurred. Travel costs are deemed to have been incurred on
the day the travel occurs. Subconsultant costs are deemed to have been incurred on
the day the Subconsultant actually incurs the cost, not the day the subconsultant
invoices the cost to the Consultant.
Project No. MAPA-28(143) Sheet 4 of 10
Control No. 22865 Agreement No. BK2237
EXHIBIT "C"
FEES AND PAYMENTS
6. FIXED FEE FOR PROFIT
A. The fixed fee for profit amount payable to Consultant is identified in Section 2. MAXIMUM
AGREEMENT AMOUNTS. For each invoicing period, the Consultant may invoice State a
portion of the fixed fee for profit equal to the sum of the actual direct labor costs and
overhead (Indirect Costs, excluding FCCM if applicable) for the period, multiplied by the
profit rate of 12.20%. Upon completion of the services outlined in this Agreement, the
Consultant may invoice State any remaining fixed fee for profit not previously invoiced. If
all of the services under this Agreement are not completed for any reason, LPA, or State
on LPA's behalf may decrease the amount of fixed fee for profit based on LPA's and
State's determination of the actual percentage of services completed.
B. Subconsultants fixed fee for profit (if applicable): Consultant must apply the above
provisions regarding fixed fee for profit to all Subconsultant contracts that utilize the cost-
plus-fixed-fee (CPFF) payment method. If all of the services allocated to Subconsultant(s)
under this agreement are not completed for any reason, the fixed fee for profit paid to
Subconsultant(s) must be reduced based on the LPA's and State's determination, or
Consultant's determination with LPA's and State's concurrence, of the actual percentage
of services completed by the Subconsultant.
7. INVOICES AND PROGRESS REPORTS
A. Consultant shall promptly submit invoices to State based on Consultant's billing period but
shall not submit more than one invoice per month. Invoices must include all allowable
costs, and when applicable, the associated Fee for Profit, for services provided during the
billing period. Invoices may also include a request for services provided or costs incurred
during a prior billing period, including subconsultant costs, with an explanation for why
those costs were not previously included in an invoice, so long as those costs were
incurred no more than 180 days prior to State's receipt of the invoice. Accordingly, State
retains the sole discretion to not pay for costs incurred that have not been invoiced as
provided above.
B. In the event Consultant has incurred otherwise allowable costs, and such costs would
exceed the maximum direct labor costs or total agreement amount listed in Section 2.
MAXIMUM AGREEMENT AMOUNTS, Consultant shall list such costs on the invoice, but
they must be subtracted from the total invoice amount submitted to State for payment.
C. Content of Invoice Package (Presented in this order)
1) Consultant's Invoice:
(a) The first page of an invoice must identify the company's name and address,
invoice number, invoice date, invoicing period (beginning and ending dates of
services), and agreement or task order number.
(b) The invoice and, when applicable, accompanying supporting documentation
must identify each employee by name and classification, the hours worked, and
the actual labor cost for each employee.
(c) Direct non-labor expenses:
Project No. MAPA-28(143) Sheet 5 of 10
Control No. 22865 Agreement No. BK2237
EXHIBIT "C"
FEES AND PAYMENTS
(i) Direct non-labor expenses, other than travel-related expenses, must be
itemized and provide a complete description of each item billed along with
supporting receipts or invoices.
(ii) Travel-related expenses must be summarized and submitted on NDOT
Form 163 (see paragraph 7.C.4) below). Supporting receipts (excluding
meal receipts) must be submitted with NDOT Form 163 when invoicing for
these expenses.
(iii) All supporting receipts must be kept as required in Section 18.
CONSULTANT COST RECORD RETENTION.
(d) Time Records, as outlined in paragraph 4.A.2).
(e) Subconsultant Services: Consultant shall require subconsultants to provide the
same supporting documentation, invoices, and receipts as Consultant is required
to submit and retain.
2) Progress Report: A Progress Report must accompany the invoice package
documenting Consultant's work during the service period. If an invoice is not
submitted monthly, then a Progress Report must be submitted at least quarterly via
email to LPA and State's Project Coordinator. All Progress Reports must include, but
are not limited to, the following:
(a) A description of the Services completed for the service period to substantiate the
invoiced amount.
(b) A description of the Services anticipated for the next service period
(c) A list of information Consultant needs from LPA, or State on LPA's behalf
(d) Percent of Services completed to date
NOTE: LPA or State's Project Coordinator may request more specific information or
detail be included in Progress Reports.
3) Cost Breakdown Form: Each invoice package must include a current and completed
"Cost Breakdown Form" (NDOT Form 162). This form is available on the State's
website at http://dot.nebraska.gov/business-center/consultant/. Utilizing the Cost
Breakdown Form helps reduce errors in calculating previously billed amounts and
limitations on eligible costs billed.
4) Travel Log: If an invoice contains any travel-related expenses, then a current and
completed "Invoice Travel Log" (NDOT Form 163) must be included with the invoice
package. This form is available on the State's website at
http://dot.nebraska.gov/business-center/consultant/. Upon pre-approval by State,
Consultant may use a substitute Invoice Travel Log provided it documents
substantially the same information as the current NDOT Form 163. The Travel Log
must document the employee's name, vehicle identification (if applicable), date/time
of departure to the project, date/time of return to the headquarters town, locations
traveled, and expenses for transportation, meals, and lodging.
5) Mileage Log (when applicable): When Consultant is seeking reimbursement for
mileage only, Consultant must itemize travel on State's Travel Log, itemize on
invoice, or include a separate mileage log which includes the following: employee
name, vehicle identification, date of travel and miles driven, reimbursement rate and
total expenses. The total expenses are to be shown on the invoice as a direct
expense.
Project No. MAPA-28(143) Sheet 6 of 10
Control No. 22865 Agreement No. BK2237
EXHIBIT "C"
FEES AND PAYMENTS
D. All invoice packages (invoice, progress report, required NDOT Forms, supporting
material) must be submitted electronically through State's OnBase Invoice Workflow
System for review, approval, and payment. The user guide for the OnBase Invoice
Workflow system, along with training videos can be found at
http://dotnebraska.gov/business-center/consultantionbase-help/.
E. Notice of Public Record: Documents submitted to State and LPA, including invoices,
supporting documentation, and other information are subject to disclosure by State and
LPA pursuant to the Nebraska Public Records Act found at Neb. Rev. Stat. § 84-712
et.seq. ACCORDINGLY, CONSULTANT SHALL REDACT OR NOT SUBMIT TO STATE
AND LPA INFORMATION THAT IS CONFIDENTIAL, INCLUDING, BUT NOT LIMITED
TO, FINANCIAL INFORMATION SUCH AS SOCIAL SECURITY NUMBERS, TAX ID
NUMBERS, OR BANK ACCOUNT NUMBERS. Consultant understands that State and
LPA do not have sufficient resources to review and redact confidential information
submitted by Consultant. If such confidential information is submitted, Consultant shall
have no right of action of any kind against State or LPA for the disclosure of such
information.
8. PAYMENTS
State, on LPA's behalf, will pay Consultant after receipt of Consultant's invoice and
determination by LPA, or State on LPA's behalf, that the invoice and progress report
adequately substantiate the Services provided, and the Services were completed in
accordance with this Agreement. Payments will not be made if the progress report does not
provide adequate substantiation for the Services, or LPA or State determines that the Services
have not been properly completed. State, on LPA's behalf, will make a reasonable effort to
pay Consultant within 30 days of receipt of Consultant's invoices.
9. PROMPT PAYMENT CLAUSE
Consultant shall include a "Prompt Payment Clause" as a part of every subcontract for work,
including all lower tier subcontracts. The "Prompt Payment Clause" will require progress
payments to all subconsultants for all work completed, within twenty (20) calendar days after
receipt of progress payments from the State for said work. If Consultant fails to carry out the
requirements of the "Prompt Payment Clause" without just cause, it will be considered a
material breach of this Agreement. In such situation, State may withhold any payment due to
Consultant until all delinquent payments have been made (no interest will be paid for the
period that payment was withheld), terminate this Agreement, or any other such remedy as
State deems appropriate. Consultant may withhold payment to a subcontractor only for just
cause and must notify the State in writing of its intent to withhold payment before actually
withholding payment. Consultant shall not withhold, delay, or postpone payment without first
receiving written approval from the State.
10. SUSPENSION OF PAYMENTS
When work is suspended on this project, payments shall be suspended until the work resumes
or this Agreement is terminated. Consultant shall not be compensated for any work completed
or costs incurred on the project after the date of suspension. When work is suspended for
convenience, Consultant shall be compensated for work completed, or costs incurred prior to
the date of suspension. When work is suspended for cause, payments shall be withheld until
Project No. MAPA-28(143) Sheet 7 of 10
Control No. 22865 Agreement No. BK2237
EXHIBIT "C"
FEES AND PAYMENTS
all remedial action is completed by Consultant to the satisfaction of State, at Consultant's sole
cost.
11. ANNUAL OVERHEAD ADJUSTMENT (TRUE-UP) INVOICES
A. After State receives Consultant's latest Indirect Cost Rate (ICR) submittal and State
establishes an approved ICR for Consultant, it is State's preference that Consultant
submit a separate Overhead Adjustment Invoice that reconciles the indirect costs billed
during the past fiscal year covered by the latest ICR submittal. If reconciling the indirect
costs requires the Consultant to reimburse State for overpayment of indirect costs,
Consultant may request reimbursement of additional allowable costs that have not been
already reimbursed, provided that the costs were documented and subtracted out on
previous invoices. In no circumstance may Consultant request reimbursement of any
costs incurred that are not in accordance with Section 4. ALLOWABLE COSTS.
B. When uploading this invoice to OnBase, append "(OH ADJ)" to the invoice number when
populating the invoice number keyword in OnBase. More information regarding Overhead
Adjustment Invoices is available on the State's website at
http://dot.nebraska.gov/business-center/consultant/.
C. Consultant shall require Subconsultant(s) to submit Overhead Adjustment Invoices to
Consultant consistent with this Section. Consultant must include such subconsultant
overhead adjustment invoices when Consultant submits their own invoices to State.
12. FINAL INVOICE, FINAL OVERHEAD (TRUE-UP) INVOICE, AND PAYMENT
A. Upon completion of the Services under this Agreement, Consultant shall submit their final
invoice to include all labor, expenses, and, if applicable, may include the balance of Fee
for Profit.
B. Consultant, and, if applicable, its subconsultant(s), shall review the indirect costs billed to-
date to determine if the indirect cost rates (overhead and FCCM) used on prior invoices
match the actual indirect cost rates applicable to the time period that the labor was
incurred. If cost adjustments are necessary, they should be reflected on an Overhead
Adjustment Invoice (separate from final costs incurred invoice). Refer to Section 11.
OVERHEAD ADJUSTMENT INVOICE. If a particular year's actual overhead has not yet
been computed or approved by State, the most recently approved yearly rate should be
applied. Consultant shall submit any final Overhead Adjustment Invoice within 180 days of
completion of the work under this Agreement, and if such invoice is not timely submitted,
State may audit and close the Agreement without accepting any further invoices from
Consultant. More information regarding Overhead Adjustment Invoices is available on the
State's website at http://dot.nebraska.gov/business-center/consultant/.
C. After receipt of final invoice and Overhead Adjustment Invoice and determination by LPA,
or State on LPA's behalf, that the final invoice and Progress Report adequately
substantiate the Services provided and that the Services were completed in accordance
with this Agreement, State, on LPA's behalf, will pay Consultant. Acceptance of the final
payment by Consultant will constitute and operate as a release to LPA and State for all
claims and liability to 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.
Project No. MAPA-28(143) Sheet 8 of 10
Control No. 22865 Agreement No. BK2237
EXHIBIT "C"
FEES AND PAYMENTS
13. AGREEMENT CLOSE-OUT
Upon submitting its final invoice and, if required, a final Overhead Adjustment invoice, the
Consultant must complete and submit to LPA, or State on LPA's behalf, a Notification of
Completion Form (NDOT Form 39). The form is generated and submitted electronically
through State's OnBase Invoice Workflow System. Instructions for generating and submitting
the NDOT Form 39 are available on the State's website at http://dot.nebraska.gov/business-
center/consultant/. Consultant shall submit NDOT 39 Form within 180 days of completion of
the work under this Agreement, and if such Form is not timely submitted, State may audit and
close the Agreement without accepting any further invoices from Consultant.
14. FEDERAL COST PRINCIPLES
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, outlined Section 4.4.3.5
DISPUTE RESOLUTION of the LPA Manual, shall be used by the parties. For performance of
Services as specified in this Agreement, State will pay Consultant subject to the terms of this
Agreement and all requirements and limitations of the federal cost principles contained in the
Federal Acquisition Regulations 48 CFR 31 (Contract Cost Principles and Procedures).
15. OUT-OF-SCOPE SERVICES AND CONSULTANT WORK ORDERS
A. LPA, or State on LPA's behalf, 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 LPA, or State on LPA's behalf, decides that these out-of-scope services
may require an adjustment in costs, Consultant shall provide in writing:
1) A description of the out-of-scope services,
2) An explanation of why Consultant believes that the out-of-scope services are not
within the original Scope of Services and additional work effort is required,
3) An estimate of the cost to complete the out-of-scope services. Consultant must
receive written approval from LPA, or State on LPA's behalf, before proceeding with
the out-of-scope services. Before written approval will be given by LPA, or State on
LPA's behalf, LPA or State must determine that the situation meets the following
criteria:
(a) The out-of-scope services are not within the original Scope of Services and
additional work effort is required; and
(b) The out-of-scope services are within the basic scope of services under which
Consultant was selected and Agreement entered; and
(c) It is in the best interest of LPA that the out-of-scope services be performed under
this Agreement.
Project No. MAPA-28(143) Sheet 9 of 10
Control No. 22865 Agreement No. BK2237
•
EXHIBIT "C"
FEES AND PAYMENTS
B. Once the need for a modification to the Agreement has been established, the State, on
LPA's behalf, will prepare a supplemental agreement. If the additional work requires the
Consultant to incur costs prior to execution of a supplemental agreement, the State, on
LPA's behalf, may issue a written notice to proceed prior to completing the supplemental
agreement(for non-Federal aid projects) or shall use the process set out below (for
Federal aid PE projects):
1) The Consultant Work Order (CWO) — NDOT Form 250 shall be used to describe and
provide necessary justification for the additional scope of services, effort, the
deliverables, modification of schedule, and to document the cost of additional
services. The CWO form is available on the State's website at
http://dot.nebraska.gov/business-center/consultant/. The CWO must be executed to
provide authorization for the additional work and to specify when that work may
begin. The agreement will be supplemented after one or more CWOs have been
authorized and approved for funding.
16. TERMINATION COST ADJUSTMENT
If the Agreement is terminated prior to project completion, State and LPA will compare the
percentage of work actually completed by Consultant, to the total amount of work
contemplated by this Agreement. This comparison will result in a payment by the State, on
LPA's behalf, for any underpayment, no adjustment, or a billing to Consultant for overpayment.
The State's final audit may result in an additional cost adjustment.
17. AUDIT AND FINAL COST ADJUSTMENT
Upon LPA's and State's determination that Consultant has completed Services under this
Agreement, State, or its authorized representative, may complete an audit review of the
payments made under this Agreement. The Parties understand that the audit may require an
adjustment of the payments made under this Agreement. Consultant agrees to reimburse
State for any overpayments identified in the audit review, and State agrees to pay Consultant
for any identified underpayments.
18. CONSULTANT COST RECORD RETENTION
Consultant, and all its subconsultants or subcontractors, shall maintain originals or copies of
any document required to be completed in this Agreement, that substantiate any expense
incurred, or changes any legal obligations for three (3) years from the date of final cost
settlement by FHWA and project closeout by the State.
Documents include, but are not limited to: written approvals; time reports; detailed receipts;
invoices; transportation costs; mileage; lodging costs; all NDOT forms including NDOT cost
breakdown form and NDOT travel form; books; papers; electronic mail; letters; accounting
records; supplemental agreements; work change orders; or other evidence pertaining to any
cost incurred.
Such materials will be available for inspection by the LPA, State, FHWA, or any authorized
representative of the federal government, and copies of any document(s) will be furnished
when requested.
Project No. MAPA-28(143) Sheet 10 of 10
Control No. 22865 Agreement No. BK2237
N E L RAS K^ EXHIBIT "D"
Good Life. Great Journey. INSURANCE REQUIREMENTS FOR
DEPARTMENT OF TRANSPORTATION PROFESSIONAL SERVICE PROVIDERS (LPA PROJECTS)
Template T-EXH-13A (rev 10-17-19)
A. Consultant agrees to:
(1) Make a detailed review of its existing insurance coverage,
(2) Compare that coverage to the expected scope of the work under this Agreement,
(3) Obtain the insurance coverage that it deems necessary to fully protect Consultant from
loss associated with the work. Also, Consultant shall have at a minimum the insurance
described below:
B. General Liability —
(1) Limits of at least:
a. $ 1,000,000 Per Occurrence
b. $ 2,000,000 General Aggregate
c. $ 2,000,000 Completed Operations Aggregate (if applicable)
d. $ 1,000,000 Personal/Advertising Injury
(2) Consultant shall be responsible for the payment of any deductibles.
(3) Coverage shall be provided by a standard form Commercial General Liability Policy
covering bodily injury, property damage including loss of use, and personal injury.
(4) General Aggregate to apply on a Per Project Basis.
(5) LPA and the State of Nebraska, Department of Transportation ("State") shall be named
as Additional Insureds on a primary and non-contributory basis.
(6) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of
subrogation in favor of LPA and State shall be added to, or included in, the policy.
(7) Contractual liability coverage must be on a broad form basis and not be amended by
any limiting endorsements.
(8) If work is being done near a railroad track, the 50' railroad right of way exclusion must
be deleted.
(9) In the event that this contract provides for consultant to construct, reconstruct or
produce a completed structure, building, or facility, products and completed operations
coverage in the amount provided above shall be maintained for the duration of the
work, and shall be further maintained for a minimum period of five (5) years after final
acceptance and payment.
(10) Policy shall not contain a total or absolute pollution exclusion. Coverage shall be
provided for pollution exposures arising from products and completed operations (as
per standard CG0001 Pollution Exclusion or equivalent). (If the standard pollution
exclusion as provided by C00001 has been amended, please refer to the following
section entitled "Pollution Coverage.")
C. Pollution Coverage—
(1) In the event that the standard pollution exclusion as provided by CG0001 has been
amended, coverage may be substituted with a separate Pollution Liability policy or a
Professional Liability policy that includes pollution coverage in the amount of
$1,000,000 per occurrence or claim, and $1,000,000 aggregate.
(2) If coverage is provided by a "claims made" form, coverage will be maintained for three
years after project completion. Any applicable deductible is the responsibility of
Consultant.
D. Automobile Liability—
Project No. MAPA-28(143) Sheet 1 of 3
Control No. 22865 Agreement No. BK2237
EXHIBIT "D"
INSURANCE REQUIREMENTS FOR
PROFESSIONAL SERVICE PROVIDERS (LPA PROJECTS)
(1) Limits of at least:
a. $ 1,000,000 CSL Per Accident
(2) Coverage shall apply to all Owned, Hired, and Non-Owned Autos.
(3) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of
Subrogation in favor of LPA and State, shall be added to the policy.
E. Workers' Compensation —
(1) Limits: Statutory coverage for the state where the project is located.
(2) Employer's Liability limits:
a. $100,000 Each Accident
b. $100,000 Disease— Per Person
c. $500,000 Disease— Policy Limit
(3) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of
subrogation in favor of LPA and State shall be added to, or included in, the policy
F. Professional Liability—
(1) Limits of at least:
a. $ 1,000,000 Per Claim
b. $ 1,000,000 Annual Aggregate
(2) Coverage shall be provided for three years after work/project completion.
G. Electronic Data and Valuable Papers—
(1) Limits of at least:
a. $100,000 Electronic Data Processing Data and Media
b. $25,000 Valuable Papers
H. Umbrella/Excess —
(1) Limits of at least:
a. $ 1,000,000 Per Occurrence
b. $ 1,000,000 Annual Aggregate
(2) Policy shall provide liability coverage in excess of the specified Employers Liability,
Commercial General Liability and Auto Liability.
(3) LPA and State shall be "Additional Insureds".
(4) Consultant agrees to waive its rights of recovery against LPA and State. Waiver of
subrogation in favor of LPA and State shall be added to, or included in, the policy.
I. Additional Requirements —
(1) If any of the work is sublet, equivalent insurance shall be provided by or on behalf of the
subconsultant or subconsultants (at any tier).
(2) Any insurance policy shall be written by a reputable insurance company acceptable to
State or with a current Best's Insurance Guide Rating of A—and Class VII or better and
authorized to do business in Nebraska.
(3) Prior to consultant beginning work on a project under this agreement, Consultant shall
provide LPA and State evidence of such insurance coverage in effect in the form of an
ACORD (or equivalent) certificate of insurance executed by a licensed representative of
the participating insurer(s). Certificates of insurance must show the LPA and State as
the certificate holders.
(4) For so long as insurance coverage is required under this agreement, Consultant shall
notify LPA and State when Consultant knows, or has reason to believe, that any
insurance coverage required under this agreement will lapse or may be canceled or
Project No. MAPA-28(143) Sheet 2 of 3
Control No. 22865 Agreement No. BK2237
EXHIBIT "D"
INSURANCE REQUIREMENTS FOR
PROFESSIONAL SERVICE PROVIDERS (LPA PROJECTS)
terminated. Consultant shall forward any pertinent notice of cancelation or termination
to State at the address listed below by mail (return receipt requested), hand-delivery or
facsimile transmission within two (2) business days of receipt by Consultant of any such
notice from an insurance carrier.
Copies of notices received by Consultant shall be sent to LPA, in care of LPA's
Responsible Charge, and to State at the following address:
Nebraska Department of Transportation
Consultant Services— Insurance
1500 Highway 2, P. O. Box 94759
Lincoln, NE 68509-4759
NDOT.ConsultantInsurance(a�nebraska.gov
(5) Failure of the owner or any other party to review, approve, and/or reject a certificate of
insurance in whole or in part does not waive the requirements of this Agreement.
(6) The Limits of Coverage's set forth in this document are minimum limits of coverage.
The limits of coverage shall not be construed to be a limitation of the liability on the part
of Consultant or any of its subconsultants/tier subconsultants. The carrying of
insurance described shall in no way be interpreted as relieving Consultant,
subconsultant, or tier subconsultant of any responsibility of liability under the
Agreement.
(7) If there is a discrepancy of coverage between this document and any other insurance
specification for this project, the greater limit or coverage requirement will prevail.
Project No. MAPA-28(143) Sheet 3 of 3
Control No. 22865 Agreement No. BK2237
RESOLUTION
SIGNING OF PRELIMINARY ENGINEERING AGREEMENT — BK2237
City of Omaha
Resolution No.
Whereas: City of Omaha is developing a transportation project for which it intends to obtain
Federal funds; and
Whereas: City of Omaha as a sub-recipient of Federal-Aid funding is charged with the
responsibility of expending said funds in accordance with Federal, State, and local laws, rules,
regulations, policies, and guidelines applicable to the funding of the Federal-aid project; and
Whereas: City of Omaha and Felsburg Holt & Ullevig wish to enter into a Professional Services
Agreement to provide Preliminary Engineering Services for the Federal-aid project.
Be It Resolved: by the City Council of the City of Omaha that:
Jean Stothert, Mayor of the City of Omaha, is hereby authorized to sign the attached
Preliminary Engineering Services agreement between City of Omaha, Nebraska and Felsburg
Holt & Ullevig.
NDOT Project Number: MAPA-28(143)
NDOT Control Number: 22865
NDOT Project Description: Omaha Signal Infrastructure Phase C1
Adopted this day of , 2022 at Nebraska.
(Month)
The City Council of the City of Omaha, Nebraska
Board/Council Member
Moved the adoption of said resolution
Member Seconded the Motion
Roll Call: Yes No Abstained Absent
Resolution adopted, signed and billed as adopted
Attest:
Signature City Clerk
Exhibit "E"