HomeMy WebLinkAboutRes.3437.11-01-2021 BILL NO. 21-160 RESOLUTION NO. 3I/37
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES
WITH OLSSON, INC. , FOR THE DEVELOPMENT OF AN
ELECTRIC VEHICLE READINESS PLAN, ON BEHALF OF
THE SOUTHEAST METROPOLITAN PLANNING
ORGANIZATION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Contract for Professional Services with Olsson, Inc. , on behalf
of the Southeast Metropolitan Planning Organization, for the
development of an Electric Vehicle Readiness Plan. The Agreement
shall be in substantially the form attached hereto, which
document is hereby approved by the City Council, and
incorporated herein by reference, with such changes therein as
shall be approved by the officers of the City executing the
same.
t
PASSED AND ADOPTED THIS / DAY OF A ii,„4er , 2021.
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Bob Fox, Mayor
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Bruce Tayl j>, Deputy City Clerk 0 eta %
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LETTER AGREEMENT
FOR PROFESSIONAL SERVICES
October 26, 2021
Southeast Metropolitan Planning Organization (SEM PO)
Attn: Alex McElroy, SEMPO Executive Director
City of Cape Girardeau
401 Independence St.
Cape Girardeau, MO 63703
Re. LETTER AGREEMENT FOR PROFESSIONAL SERVICES
Electric Vehicle Readiness Plan (the"Project")
Southeast Metropolitan Planning Organization
Dear Mr. McElroy:
It is our understanding that SEMPO ("Client") requests Olsson, Inc. ("Olsson") to perform the
services described herein pursuant to the terms of this Letter Agreement for Professional
Services, Olsson's General Provisions and any exhibits attached hereto(all documents constitute
and are referred to herein as the "Agreement")for the Project.
Olsson has acquainted itself with the information provided by Client relative to the Project and
based upon such information offers to provide the services described below for the Project. Client
warrants that it is either the legal owner of the property to be improved by this Project or that Client
is acting as the duly authorized agent of the legal owner of such property. Client acknowledges
that it has reviewed the General Provisions and any exhibits attached hereto,which are expressly
made a part of and incorporated into the Agreement by this reference. In the event of any conflict
or inconsistency between this Letter Agreement, and the General Provisions regarding the
services to be performed by Olsson, the terms of the General Provisions shall take precedence.
Olsson shall provide the following services ("Scope of Services") to Client for the Project. See
Project Approach on page 20-26 of attached Proposal for detailed description. Should Client
request work in addition to the Scope of Services, Olsson shall invoice Client for such additional
services (Optional Additional Services) at the standard hourly billing labor rate charged for those
employees actually performing the work, plus reimbursable expenses if any. Olsson shall not
commence work on Optional Additional Services without Client's prior written approval.
Olsson agrees to provide all of its services in a timely, competent and professional manner, in
accordance with applicable standards of care, for projects of similar geographic location, quality
and scope.
SCHEDULE FOR OLSSON'S SERVICES
Unless otherwise agreed, Olsson expects to perform its services under the Agreement as follows:
Page 1 of 3
Anticipated Start Date: November 2021
Anticipated Completion Date: September 2022
These dates have been modified from the original proposal due to approval dates. Olsson will
endeavor to start its services on the Anticipated Start Date and to complete its services on the
Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated Completion
Date, and any milestone dates are approximate only, and Olsson reserves the right to adjust its
schedule and any or all of those dates at its sole discretion, for any reason, including, but not
limited to, delays caused by Client or delays caused by third parties.
COMPENSATION
Client shall pay to Olsson for the performance of the Scope of Services, the actual time of
personnel performing such services in accordance with the Cost Estimate, page 32 of attached
Proposal. Olsson shall submit invoices on a monthly basis, and payment is due within 30 calendar
days of invoice date. Olsson's Scope of Services will be provided on a time-and-expense basis
not to exceed $94,435.31.
TERMS AND CONDITIONS OF SERVICE
We have discussed with you the risks, rewards and benefits of the Project,the Scope of Services,
and our fees for such services and the Agreement represents the entire understanding between
Client and Olsson with respect to the Project. The Agreement may only be modified in writing
signed by both parties.
Client's designated Project Representative shall be
If this Agreement satisfactorily sets forth your understanding of our agreement, please sign in the
space provided below. Retain one original for your files and return an executed original to Olsson.
This proposal will be open for acceptance for a period of 30 days from the date set forth above,
unless changed by us in writing.
OLSSON, INC.
fl/_/_ Blake Hansen
�Kurt Rotering
YNf+'�K 2021.10.27 10:43:47-05'00' 2021 10.27
By By 11:34 46-0600'
Blake Hansen, PE, PTOE, PMP Kurt Rotering, PE, PTOE
Page 2 of 3
By signing below, you acknowledge that you have full authority to bind Client to the terms of the
Agreement. If you accept the terms set forth herein, please sign:
SEMPO
By
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Print Name
Title �� Dated ///24/
Attachments
Proposal
General Provisions
Page 3 of 3
for the trop olita
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September 29, 2021
Southeast Metropolitan Planning Organization
C/O Alex McElroy, SEMPO Executive Director
City of Cape Girardeau
401 Independence St.
Cape Girardeau, MO 63703
RE: Electric Vehicle Readiness Plan
Dear Mr. McElroy and selection committee members:
Recently, we are being bombarded with news about Electric Vehicles (EV) every day. With all the noise generated by news,
opinions, and announcements, it can be difficult not only to separate the fact from fiction, but to determine what actions should
be taken. In proactive fashion, the Southeast Metropolitan Planning Organization (SEMPO) has determined to carry out the first
planning effort within the region to sort out the facts and take steps to prepare for the quickly approaching impacts. When it
comes to leading regional planning efforts accurately and expertly, there is no better choice than our team. Here's why:
FOCUSED EXPERIENCE DEVELOPING INFRASTRUCTURE PLANS
We have developed many types of plans, including transportation system master plans, communications system master plans,
centralized fiber plans, Intelligent Transportation Systems (ITS) plans, and power distribution system plans. We are experienced
in gathering data from stakeholders, industry trends, existing plans, and regulatory sources; then synthesizing this information
into actionable intelligence. Our skillful team integrates years of experience planning, designing, and implementing infrastructure
needs for our clients. We will study the immediate and ultimate goals, concerns, and challenges of each stakeholder so we can
approach the project with the right perspective.
ASSISTING REGIONAL COALITIONS WITH THEIR GROWTH GOALS
Stakeholder participation is essential to the effective development and deployment of this EV plan for SEMPO. We will work
with the steering committee to develop a full list of stakeholder groups. Our team has a long resume of experience working
successfully with multi -stakeholder coalitions. One coalition in particular is the Mid-America Regional Council's Operation
Greenlight Initiative in the Kansas City metropolitan area, which involves Olsson working closely with 25 cities across two states
over the past 15 years. When working on coalition projects, communication is key. We take the time and make the effort to
understand the needs of individual partners - learning the nuances that make each stakeholder unique. At the same time, we
keep the goals of the partnership in sight, allowing us to provide seamless coordination and progression across jurisdictional
boundaries.
A COMPREHENSIVE PLANNING TEAM
Several of the steps, such as the assessment of the capacity of local power delivery systems, will require the specialized
knowledge and expertise that Olsson can provide. Olsson has a unique blend of planning, transportation, power delivery, and
vehicle electrification experience that will establish SEMPO as a trailblazer for EV readiness planning and allow you to serve your
community's EV needs, now and into the future. We have selected a team of professionals that the SEMPO can rely on to develop
the best practical and comprehensive solutions to prepare for the increase in EVs.
Adaptability to the changing technology landscape will be a key to ensuring that the SEMPO region meets the demand and
expectations of those who live and work here. Olsson will provide you with an accountable readiness planning document to
direct strategic projects and foster growth for a welcoming community. We have prepared the following proposal for you. If you
have any questions, you may contact me at 913.381.1170 or bghansen@olsson.com.
Sincerely,
vok
Blake Hansen, PE, PTO E, PMP Project Manager
7301 W 133rd Street, Overland Park KS 66213 / olsson.com
CONTENTS
Project Understanding........................................4
Project Team and Qualifications.................................6
Firm Information..............................................................7
ProjectTeam................................................................... 8
Representative Projects..............................................12
Project Approach................................................19
Project Management.........................................27
Schedule
►z;
Cost Proposal....................................................... 31
Appendix: Resumes
PROJECT
UNDERSTANDING
vo
PROJECT UNDERSTANDING
Why all the recent hype about Plug-in Electric Vehicles (PEV / EV)? There are three primary contributors:
recent advancements in technology have made EVs both practical and affordable; there is a growing concern
to preserve our environment; and vehicle manufacturers are racing to design the vehicles of tomorrow. This
perfect storm has generated a frenzy of electrification activity that will impact every government, industry,
and individual in some way.
While most government planning organizations are still waiting to see what happens, Southeast Metropolitan
Planning Organization's (SEMPO's) forward -thinking leadership has determined to actively plan, prepare, and
benefit from the impacts of EVs. This focus will help maintain your service levels as a gateway to the region,
and as a destination point because you are a partner in supplying the answer to their needs.
Trip planning around charging needs will become the de facto standard practice for all EV users. This includes
all anticipated EV vehicle types; personal, commercial, local, fleet, transit, farm, industry and general. Various
EV vehicles require various types of chargers to ensure that the SEMPO region is both a support of services
region and a gateway to you're the region.
There is no standard process for developing an EV readiness plan because the full breadth of impacts is just
beginning to be understood and few local government organizations have contemplated the development of
such a plan. Olsson has a unique blend of planning, transportation, power delivery, and vehicle electrification
experience that will establish SEMPO as a trailblazer for EV readiness planning and allow you to serve your
community's EV needs now and into the future.
Electric Vehicle Readiness Plan / 5
PROJECT TEAM
QUALIFICATIONS
vo
We're Olsson, a nationally recognized, employee -
owned engineering and design firm with a rich,
successful history. Founded in 1956 on the same
mindset that drives us today, we exist to improve
communities, like yours, making it more sustainable,
better connected, and more efficient. Simply put, we
exist to leave the world better than we found it.
Though our philosophy hasn't changed since John
E. Olsson opened our doors many years ago, we
have certainly evolved, adding dozens of offices
across nine states and developing a comprehensive
list of services to best serve a comprehensive list
of markets. We achieved Top 100 engineering firm
status (No. 76 on Engineering News -Record's Top 500
Design Firms national list), proving that tenacity,
teamwork, and a philanthropic mindset is indeed a
winning combination.
FIRM SIZE
1,585
LOCATION
Olsson
1170 W 133rd Street
Overland Park, KS 66213
PRIMARY SERVICES
Planning and Design
Engineering
Field Services
Environmental
Technology
Electric Vehicle Readiness Plan / 2
PROJECT TEAM
Our team is set for your success. We have carefully selected our in-house team of outstanding
professionals that are passionate about their craft and bring the quality, knowledge, and experience
necessary to ensure a successful project. Olsson will act as the prime consultant, led by Blake Hansen,
providing project management and planning coordination. Blake Hansen and Rusty Hartman (power
distribution planning) are familiar with SEMPO staff members by partnering on conference presentations
on the subject.
Every member of our team has extensive, cross -disciplinary experience, enabling us to provide you
with core services that will address all aspects of this project. Olsson has made vehicle electrification
planning a priority within our company, and we have several recent key hires to support this initiative. The
chart below outlines our team's responsibilities, followed by each member's short biography. We have
performed both transportation planning and power distribution services throughout the nation. Several
of these projects have resulted in successfully negotiated multi -agency and public/private partnerships
that have added value to all parties. We have strong working relationships with both public agencies and
private partners. We understand the benefit of having the stakeholders collaborate more closely so that
needs are met at a potentially lower cost.
PROJECT MANAGER
BLAKE HANSEN, PE, PTOE, PMP
TECHNICAL LEADER EV PLANNING DISTRIBUTION PLANNING
John Hansen Kyle McLaughlin Rusty Hartman, PE
Devon Brazeal, IE Jeff Buttermore, PE
EV CHARGING STATIONS STAKEHOLDER COORDINATION
Kurt Rotering, PE, PTOE Stacey Roach
Eldon Jensen, PE
Electric Vehicle Readiness Plan / 8
-- BLAKE HANSEN, PE, PTOE, PMP
a S
Project Manager
Blake is a transportation professional with experience in transportation
technology. Blake has both experience and a keen interest in all types of
transportation technology, especially in the anticipated benefits and impacts of
connectivity, automation, and electrification. He is a transportation technology
subject matter expert with experience in design, planning, construction,
maintenance, operations, integration, and software deployment. Blake's
responsibilities include identifying cost-effective strategies for technology
operations and other alternative transportation technology efforts.
JOHN HANSEN
Technical Leader
For the past four decades, John has been involved with hundreds of
transportation technology -related projects throughout the nation. His
particular expertise is related to technology applications, including agency -
wide data collection, agency -wide Road Weather Information Systems,
dynamic message signs, camera systems, traffic management systems,
geographic information systems for transportation, weigh in motion
systems, and traffic management center integration. In addition, John has
been actively involved in a number of organizations, including NCUTCD (22
years), ITE (35 years), ITSA (39 years), National Rural ITS/Steering Group
(18 years), IMSA (eight years), ATSSA (five years), and APWA (three years).
He has served on the National Committee for MUTCD-FHWA since 1997,
the National Rural ITS Steering Committee since 2003, and the National
NCUTCD/FHWA Task Force on Connected and Autonomous Vehicles.
KYLE MCLAUGHLIN
EV Planning
Kyle is a highly motivated, solution -oriented asset to our team here at
Olsson. He has developed a skill of curating plans that have an attention for
detail concerning the improvement of the efficiency of traffic for cities. Kyle
has vast knowledge and understanding of civil practices, community and
regional planning, and how each must go hand-in-hand. While completing
his Masters degree, Kyle has presented on important topics when it comes
to different aspects of city planning. Kyle will lead the planning process
to develop relevant, strategies that address the immediate needs, as well
as long-term planning objectives and identify opportunities, and provide
strategies to reduce hurdles for the infrastructure deployment.
Electric Vehicle Readiness Plan / 9
DEVON BRAZEAL, EI
EV Planning
Devon has garnered significant experience in the transportation and
construction industry. His experience in transportation and traffic
operations includes planning, analysis, design, implementation, and
construction engineering inspection (CEI). Prior design experience includes
ITS deployments for managed freeway systems, including CCTV cameras,
Dynamic Message Signs (DMS), vehicle detection systems, roadway weather
information systems (RWIS), connected vehicle deployments and more, as
well as traffic signalization, lighting, advanced transportation management
systems (ATMS) installations, traffic operation and safety studies, and
signing and pavement marking projects. Devon will work with the planning
team to assist with assessing the needs of the and create a plan with
a vision, goals, and action -based strategies and recommendations.
RUSTY HARTMAN, PE
Distribution Planning
As a team leader for Olsson, Rusty uses his knowledge and years of
experience in mechanical/electrical design to guide the power transmission
and distribution team. He is seasoned in electrical substation, transmission,
and distribution projects, both in the public and private sector. Rusty's
involvement in engineering for municipalities and renewable energy projects
positions him as a thought leader for Olsson, and a great resource for
client coordination and business development. Rusty will evaluate existing
conditions and identify existing infrastructure needs and available
technologies, best practices, and other items for grid forecasting.
JEFF BUTTERMORE, PE
Distribution Planning
Jeff has experience in several areas of electric utility engineering and
medium voltage industrial system engineering. He has served as the project
manager responsible for design and construction administration for a wide
range of project types, covering substations, transmission, subtransmission,
distribution lines and systems, and generation. Jeff will work with Rusty and
assist with identifying electric rate structures and potential initiatives.
Electric Vehicle Readiness Plan / 10
ELDON JENSEN, II, PE
EV Charging Station Planning
Eldon has experience in engineering management, design, and field
support on both new construction and brownfield project sites. He has
extensive experience on a wide variety of projects that include the food
and beverage, pet food, biofuels, ag processing, power generation,
wastewater, and commercial building industries. Specifically, his experience
includes: EV charging station design, power system studies, power
system design, specification of electrical equipment, design of electrical
equipment enclosures, electrical area classification, grounding and lightning
protection design, instrumentation, control schematics, and control
panel design. Eldon is a licensed Professional Engineer in 24 states.
KURT ROTERING, PE, PTOE
EV Charging Station Design
Utilizing his broad breadth of experience, Kurt brings expertise to a wide
variety of projects in traffic and transportation engineering including
signal and roundabout design, large-scale campus planning and design,
access management, traffic studies, and event traffic management.
Kurt has worked on a variety of projects for various state DOT's and has
extensive experience working with municipalities throughout the Midwest.
Kurt is currently leading the charge on positioning and designing EV
charging stations throughout the City of Overland Park, Kansas.
STACEY ROACH
Stakeholder Coordination
Stacey leads public engagement services at Olsson. She is a public
involvement and communications professional trained through the
International Association for Public Participation (IAP2). She manages
Olsson's NDOT Public Involvement and Strategic Communications On -Call
contract, including public involvement and communications efforts at both
the state and local municipal levels. Stacey's experience includes planning
and facilitating multi -stakeholder meetings, gathering stakeholder input,
and building consensus. She has experience coordinating project meetings
and meeting materials; creating and executing programmatic and project -
related strategic communication plans using websites; managing social media
and media relations; and developing and coordinating printed and digital
communications.
Electric Vehicle Readiness Plan / 11
REPRESENTATIVE PROJECTS & REFERENCES
ELECTRICAL VEHICLE
CHARGING STATIONS
Overland Park, Kansas
ELECi Ri-Y'iN(j KAitiSPOK HTION
IN THE KANSAS CITY METRO
Under our City of Overland Park On-call
Traffic Engineering contract, the Kansas City
Traffic/Technology Team was awarded a task
order to provide engineering services for
new electric vehicle (EV) charging stations.
The project scope includes planning, design,
and construction management. The first
locations for station installations will be placed
at Deanna Rose Children's Farmstead and
Scheels Overland Park Soccer Complex, then
more will follow in suitable locations to allow
widespread accessibility to the community.
BATES
2021
SERVICES
• Planning & Design
• Civil Engineering
• Technology
MARKETS
• Transportation
• Technology
PROJECT REFERENCE
Brian Geiger
City of Overland Park
8500 Santa Fe Drive
Overland Park, KS 66212
913.895.6140
Brian.Geiger@opkansas.org
Electric Vehicle Readiness Plan / 12
ELECTRIC VEHICLE
CHARGING STATIONS
Brighton, Colorado
PARTNERING WITH THE LARGEST NETWORK
OF CHARGING STATIONS IN THE COUNTRY
As electric cars become more and more prevalent
and accessible, fuel providers are expanding their
service offerings to match. Olsson is the premiere
engineering firm for Kum & Go in Colorado, we
were tasked with upgrading a Brighton location
with charging stations in partnership with Charge
Point, the largest network of electric vehicle
charging stations in the country. Our team
performed civil design, electrical engineering,
geotechnical, and surveying services for this
location, designing two stations to serve electric
vehicles. We delivered this project successfully
and to the satisfaction of our client.
At a later date, Tesla approached the location
and expressed an interest in expanding the two
charging stations to ten. Tesla brought in their
preferred civil design firm, and took the advice
of the client to hire Olsson so we could continue
our support. Our field services team provided
geotechnical recommendations and construction
phase materials testing services for this
expansion. Since this project, Olsson has been
brought to several other Colorado locations to
retrofit them with ChargePoint stations, ensuring
that electric vehicles can keep moving.
DATES
2016
SERVICES
• Civil Engineering Electrical Engineering
• Surveying Geotechnical
MARKETS
• Transportation
• Technology
PROJECT REFERENCE
Ryan Halder
Kum & Go
1459 Grand Ave
Des Moines, IA 50309
515.457.6232
RJH@kumandgo.com
Engineering
Electric Vehicle Readiness Plan / 13
MARC OPERATION
GREEN LIGHT
Multiple Jurisdictions in
the Kansas City Metro
OPERATION GREEN LIGHT: ONE NAME
FOR MULTIPLE PROJECTS
Engineering and Planning Support
Under this on-call project, Olsson is responsible
for leading many regional planning and
engineering tasks. These have included the
original communications design for the project,
signal timing development and the completion
of a strategic plan (along with 2 subsequent
revisions at 3-4 year intervals), development of a
performance management plan, a business and
financial planning for the program, and research
and recommendation for the upgrade of the
communications technology. The communications
technology task targeted licensed and unlicensed
wireless equipment that provides distribution to
more than 700 of its connected traffic signals.
DATES
2009 - present
SERVICES
• Traffic Management Intelligent
Systems Transportation
Systems
MARKETS
• Transportation
• Technology
PROJECT REFERENCE
Ray Webb
Mid America Regional Council
Manager of Traffic Operations
600 NE Colbern Road
Lee's Summit, M064086
816.622.0731
rwebb@marc.org
PERHTION
GREENLIGHT
ANNUAL BENEFITS
MILLION
FEWER
VEHICLE STOPS
WHAT WE DO Q
OGL works with federal, state, and local 1.9 MILLION
agencies to develop and implement a
regional network of signals. This system HOURS SAVED
provides uniform traffic management
across jurisdictional boundaries
in Kansas City allowing for better 1.8 MILLION
collaboration among all agencies.
GALLONS SAVED
The system coordinates traffic signal
timing plans and communication between 9
traffic signal equipment, improving
the Flow of traffic in the region. Y.
3,000 TONS
CGL tracks signal -related malfunctions OF POLLUTANTS AVOIDED
in the field and provides improved
maintenance and infrastructure
to partner jurisdictions. U
0
CGL is paving the way in the traffic $35.2 MILLION
sector within the Kansas City region DOLLARS SAVED
through innovation and collaboration.
Electric Vehicle Readiness Plan / 14
SIDEWALK LABS
TRANSPORTATION
MODELING
Kansas City metropolitan area
The sources and availability of data, the increases
in computing power, and the ubiquity of
communications have all converged to enable
infinite possibilities to do things smarter and
better than we have before. Sidewalk Labs is
one of very few companies who is doing more
than thinking about it. Olsson is helping them
to combine and convert data into actionable
information that will help transportation
planners make better plans and decisions
for the management and improvement of
regional transportation systems. It can also
provide private companies with a much more
comprehensive ability to complete a market study
- providing insights into transportation methods,
purposes, and patterns along with detailed
characteristics of those using the transportation
systems.
Olsson is calibrating a model, and helping to
facilitate its adoption into the wider public and
private communities. We collected data from
transportation agencies and private development
companies. Then, we will do a general "gut check'
of the entire model. Based on our experience
throughout the area, we will identify anomalies
or irregularities in the model output. In addition,
we will identify a number of location points as
an "indicator sample" throughout the metro
representing various facility and data types. We
will do a more in-depth check of these points
on every iteration of the model, which will assist
to provide structure and consistency to the
validation process. We will summarize our review
findings in a short memorandum, or in a specific
format as requested by Sidewalk Labs.
*i
DATES
2018
SERVICES
Traffic Management Intelligent
Systems Transportation
Systems
MARKETS
• Transportation
• Technology
PROJECT REFERENCE
Nick Bowden
Replica
10 Hudson Yards 26th Floor
New York, NY 10001
212.373.0800
bowden@sidewalklabs.com
Electric Vehicle Readiness Plan / 15
METROPOLITAN
TRANSPORTATION
PLAN
Joplin, Missouri
PROJECT COORDINATION WITH A VAST COALITION.
Economic development is thriving in Joplin
and the growth justified an analysis of the
metropolitan area's transportation needs. The
Joplin Area Transportation Study Organization
(JATSO) turned to Olsson to complete an
update of the Metropolitan Transportation
Plan (MTP). Our transportation planners dove
into studying all modes of transportation
- auto, truck, bicycle, pedestrian, transit,
etc. - in and around the City of Joplin.
With the onset of the pandemic in the spring
of 2020, Olsson quickly pivoted our outreach
and public engagement to online and virtual
meetings. The plan was built with the input of
numerous stakeholder groups, and hundreds
attended the virtual online "open houses"
to review materials and provide input.
Through this process, and fueled in part by
the pandemic, two trends became clear: the
desire for increased active transportation
connectivity and facilities for pedestrian and
bicyclists; and, the lack of widespread broadband
options to facility work from home and remote
learning. These desires surfaced not only from
the general public, but also from chambers
of commerce, visitor's bureaus, developers,
business owners, and school districts. The
stakeholders saw not only the benefit for
existing residents and businesses, but the
need for these expanded services to attract
and retain new employees and residents.
We are continuing to work with JATSO on a solid
plan to address the community's needs, and
the plan is anticipated to be adopted in 2021.
DATES
2020-2021
SERVICES
• Transportation Planning
MARKETS
• Transportation
PROJECT REFERENCE
Keegan Stanton
JATSO
602 S. Main Street
Joplin, MO 64801
417.624.0820 ext. 511
kstanton@joplinmo.org
Electric Vehicle Readiness Plan / 16
MOBILITY NEEDS
The Association of Central Oklahoma Governments
(ACOG) chose Olsson to develop a performance
based Congestion Management Process (CMP) for
the Oklahoma City Area. As a part of the CMP, Olsson
conducted a review of the previous CMP; updated the
CMP with current data and conditions; assessed the
CMP's relationship to the Transportation Improvement
Program (TIP) and Encompass 2040; identified
system deficiencies, evaluated existing strategies,
and identified new strategies to alleviate congestion
and enhance mobility; developed techniques and
relationships needed for responding to recurring
and non recurring traffic congestion and incidents;
analyzed regional freight transportation volumes
and related congestion impacts; and identified a
new CMP focus network for use in future planning.
Olsson's delivery refined congestion management
corridors and provided congestion management
toolbox. The toolbox directly links ACOG's regional
goals and objectives to regionally tailored congestion
management strategies to both achieve the region's
livability goals and address congestion issues.
DATES
2015-2016
PROJECT REFERENCE
John Sharp
Acting Executive Director
4205 N Lincoln Boulevard
Oklahoma City, OK 73105
405.234.2264
Following the conclusion of this project, ACOG
reached out to Olsson to help simplify their
existing Surface Transportation Block Grant (STBG)
project selection methodology. Olsson developed
a new system that leaned upon existing data to
directly link the Long Range Plan, CMP, and TIP.
Electric Vehicle Readiness Plan / 17
TRANSPORTATION
SYSTEMS
MANAGEMENT AND
OPERATIONS (TSM&O)
Statewide
STING AS k... EXTENSION FOR DOT STAFF
Olsson served as the prime consultant for
the development of Missouri's Statewide
Transportation Systems Management and
Operations (TSM&O) program plan. The project
developed a plan to integrate consideration of
TSM&O more fully into MoDOT's organization
and culture. The end goal of these efforts
is that MoDOT as a whole understands
and considers TSM&O strategies in all
planning, project development, operations,
and maintenance efforts and initiatives.
The plan provides the background, establish
the mission, vision and goals, and define the
process and tasks that will help mainstream
operations strategies into MoDOT's general
toolbox for transportation improvement.
The areas of focus for the plan included
Traffic Incident Management, Work Zone
Management, Intelligent Transportation
Systems, and integration into the overall
planning process. The plan also addressed
workforce development, performance measures,
and looking ahead to future development
and expansion of the TSM&O program.
DATES
2015-2018
SERVICES
• Traffic Management Systems
• Planning & Design
MARKETS
• Transportation
• Technology
PROJECT REFERENCE
Ashley Buechter
Traffic Liaison Engineer
MoDOT Central Office
830 MoDOT Drive, Jefferson City, MO 65102
573.751.0982
ashIey.buechter@modot.mo.gov
Electric Vehicle Readiness Plan / 18
PROJECT APPROACH
.I
PROJECT APPROACH
Twelve tasks are included in the RFP that outline
a solid process for the development of an EV
readiness plan. The following sections describe
our specific approach to completing each of
the tasks. Within several subsections, we have
included various added -value activities that can be
discussed during scoping and included if desired.
EV Readiness Plan Development
The development of the EV plan will follow a traditional
strategic planning process. Several of the steps,
such as the assessment of the capacity of local
power delivery systems, will require the specialized
knowledge and expertise that Olsson can provide.
To develop the plan, we propose to establish a small
steering committee comprised of representatives
from various stakeholder groups and chaired by the
agency project manager. This steering committee
should provide direction to Olsson and counsel to the
agency project manager throughout the process.
Stakeholder Outreach
Stakeholder participation is essential to the
effective development and deployment of this EV
Plan for SEMPO. Because the anticipated growth
in the number of EVs will impact all of us in some
form, everyone is a stakeholder. From a practical
standpoint, however, we need to identify key
stakeholders and group representatives in your
region. We will work with the steering committee
to develop a full list of stakeholder groups. At a
minimum, stakeholders will include transportation,
transit, local power providers, local businesses that
benefit directly from an EV business model, local
and regional government agencies, chambers of
commerce, fleet and delivery service companies,
special interest groups such as Electrify Missouri,
and interested members of the traveling public.
With an understanding who the stakeholders are,
we will develop a stakeholder engagement and
management plan. This plan will subdivide each
stakeholder by their levels of influence and interest and
manage or inform them accordingly. The table below
illustrates how various stakeholders will be engaged:
Quadrant I: We will plan to hold one-on-one or small
group interviews to gather into the plan. We will
present a project fact sheet and a list of discussion/
questions topics which will assess each group's assets,
needs, and concerns. We will use these interview
meetings in part to educate the stakeholders,
then listen to them on their specific issues and
thoughts. Because of the uncertainties of COVID-19,
we will plan to conduct these interviews virtually.
This stakeholder group will also be provided the
opportunity to review and comment on the draft plan.
Quadrant II: We will communicate individually with
these stakeholders about what level of engagement
they would like and will accommodate accordingly.
Quadrant III: We will develop an online survey
form where members of these groups can answer
questions related to the study and submit comments.
Members of this group may be referred to a
project information website, discussed below.
Quadrant IV: We will stay in contact with
these groups, but due to low interest and weak
influence, won't specifically engage with them.
Olsson will work with you and the steering committee
to determine the best methods of reaching out
to each stakeholder group. This may include
directly contacting some stakeholders and working
through other organizations to reach others. For
example, we may work with the local Economic
Development Council to reach local businesses,
and through SEMPO's existing communication
channels to reach members of the public.
To keep all project stakeholders informed, we will
work with you to determine if it is possible to include
project information on the SEMPO website. If this
Electric Vehicle Readiness Plan / 20
High Interest
Low Interest
Strong
1
II
Influence
Manage Closely
Keep Satisfied
Weak
III
IV
Influence
Keep Informed
Monitor
Quadrant I: We will plan to hold one-on-one or small
group interviews to gather into the plan. We will
present a project fact sheet and a list of discussion/
questions topics which will assess each group's assets,
needs, and concerns. We will use these interview
meetings in part to educate the stakeholders,
then listen to them on their specific issues and
thoughts. Because of the uncertainties of COVID-19,
we will plan to conduct these interviews virtually.
This stakeholder group will also be provided the
opportunity to review and comment on the draft plan.
Quadrant II: We will communicate individually with
these stakeholders about what level of engagement
they would like and will accommodate accordingly.
Quadrant III: We will develop an online survey
form where members of these groups can answer
questions related to the study and submit comments.
Members of this group may be referred to a
project information website, discussed below.
Quadrant IV: We will stay in contact with
these groups, but due to low interest and weak
influence, won't specifically engage with them.
Olsson will work with you and the steering committee
to determine the best methods of reaching out
to each stakeholder group. This may include
directly contacting some stakeholders and working
through other organizations to reach others. For
example, we may work with the local Economic
Development Council to reach local businesses,
and through SEMPO's existing communication
channels to reach members of the public.
To keep all project stakeholders informed, we will
work with you to determine if it is possible to include
project information on the SEMPO website. If this
Electric Vehicle Readiness Plan / 20
is feasible, we will work with you and the steering
committee to develop some descriptive content
that will be updated periodically. Information can
be updated periodically based on the project's
progress and can serve as an up-to-date source
of information for this stakeholder group.
Note that we have not included any telephone, mail,
or in-person surveys, or public meetings to obtain
input from the general public in our plan and estimate.
If this is an important element for SEMPO, however,
we are happy to explore options for a broader
public outreach effort as an added -value item.
Assessment
A full assessment of existing conditions is foundational
to the development of any plan. Olsson will provide
this assessment which includes local conditions
and external research. The context provided by this
information will serve as the basis to identify the
opportunities to be leveraged and obstacles to be
overcome to achieve EV readiness in the SEMPO region
LOCAL CONDITIONS
Assessment of the existing local conditions
covers a broad spectrum of government and
regional information, including an assessment
of the local power grid. Olsson will research and
synthesize information from these areas, which
will inform the study recommendations.
Local Government
Olsson will review existing relevant policies, building
codes, zoning ordinances, and planning and other
relevant documents available from SEMPO and
its member agencies for elements that may affect
the adoption or implementation of EVs. We will
work with SEMPO and the steering committee to
obtain access to the needed documentation which
may not already be available via public website.
Such documentation may include plans, maps,
GIS -based and other files, and other resources.
Some specific items that will support the
development of the plan include the following:
• The existing regional plans will provide
the regional vision and goals serving as a
touch -point to ensure that the outcome and
recommendations of the EV readiness plan
are in alignment with these existing efforts.
Some local building codes, permitting regulations,
and inspection practices may also have an influence
on EV adoption. For example, building codes for van -
accessible parking spaces also applies to designated
EV charging spaces and needs to be accounted
for in deployment plans. Some agencies have also
included mandatory percentage of EV parking
spaces for all new or modified public parking lots.
• A combination of both local and census -
level data along with economic development
plans will help identify underserved public
and residential areas and will support
recommendations to address equity concerns.
Regional
Various regional factors will also impact rollout
of electric vehicles in the area. Olsson will gather
and synthesize this information to gain an
understanding of these factors to identify gaps and
opportunities. The following paragraphs describe
a few of the sources that will be contact used.
• We will discuss with local transit and business
fleets to assess their willingness to share plans
to move any of their fleets to EV or other zero- or
low -emissions technology. We will also take a
sampling of local businesses, including fueling
stations and truck stops, to understand their current
plans or reservations regarding electrification.
• We will contact local auto dealers to
understand the availability of vehicles,
service options, and EV sales statistics.
We will review existing transportation plans to
understand the levels of regional vs. pass-through
traffic. This will provide insight into the publicly
available charging needs of pass-through vehicles
and the residential charging needs of local residents.
We will assess existing regionally available charging
stations and contact a sample of national charging
station providers to determine upcoming plans
for expansion into the region and study area. A
simple search of available charging stations shows
only three in Cape Girardeau itself, with others
throughout the region. From user comments on
plugshare.com, some of these in the area itself have
limited access, are remote, or are in need of repair.
Electric Vehicle Readiness Plan / 21
• Regional geographic and demographic information
may provide additional insights into the potential
future adoption rate. For example, we anticipate
that rural residents and those in the agricultural
industry may be slower to adopt because of
the extended distances they need to travel and
the associated "range anxiety" related to the
availability of regional charging stations.
Power Grid
In addition to the governmental and regional needs,
Olsson will also provide a high-level assessment of the
capacity of the local power infrastructure. We have
an existing working relationship with Ameren and
will also determine if there are other Rural Electric
Cooperatives or municipal power providers that may
also need to be engaged. Most electricity providers will
require a confidentiality agreement prior to providing
any details about their infrastructure. There are
various types of grid documentation and modeling
tools that each organization may be using, and Olsson
has the experience to be able to read and assess each
common type. We will assess and summarize this
information into a high-level form that each power
company is comfortable with including in the plan and
meets their needs for confidentiality and security.
In addition to the infrastructure, we will also
assess the current rate structure for both
residents and businesses to determine in place
rate structure issues that could impact EV use.
Examples may be incentives related to charging
times, surcharges related to solar power, etc.
External Conditions
A primary input to the study will be an overarching
summary of the external elements that impact
vehicle electrification, and how these elements will
impact EV adoption and utilization at the local level.
Our summary will include a review of the industry
from the standpoint of manufacturing, federal and
state government, national power grid, and from an
environmental perspective. It will include an unbiased
and honest assessment of the risks involved and
obstacles that need to be overcome at a national and
industry level. We feel that this is important to help
SEMPO and its member agencies maintain the fiscal
responsibility demanded of you by your constituents.
Existing EV Stations in the Cape Girardeau and surrounding areas.
• -A. .J Yee v .. - �u. t... r . . iety, . t• !Y.
Electric Vehicle Readiness Plan / 22
Federal and State Government
At this time, the federal government is looking for
ways to advance the adoption of EVs and other
low -emissions technology in order to reduce the
negative impact that transportation currently has on
the environment. These impacts are primarily the
emission of greenhouse gases and the depletion of
non-renewable natural resources. EVs are known
to have a lower environmental impact and have
become more affordable and feasible through recent
developments in battery and other technology.
Avenues being explored include funding and incentive
programs ranging from grants awarded to municipal
governments, incentives for consumers, incentives
and penalties for manufacturers, and funding for the
upgrade of power grids. We will provide a summary of
these incentives and programs, including identifying
funding and programs that may be available for
SEMPO, its member agencies, and local power
providers. In addition to these federal programs, we
will also summarize any state -level policies, laws, or
programs in place or anticipated at the state level.
Industry Status
There is a significant amount of research being
done both to advance the EV industry, to assess
the current state of adoption, and to predict its
impacts. This assessment will also include a summary
of the technology, which will include challenges
introduced by the lack of a standard for charging
connectors, as shown in the following diagram.
We will look at the current manufacturer goals, EV
production rates, and availability in the region.
We will summarize this information in order
to inform the study recommendations.
Best Practices
A third component for the external research
includes a brief assessment of best practices at
the regional and municipal levels for EV planning.
Specifically, we will research the various actions
taken at the municipal level by local agencies, which
include changes at the policy level, the program
level, and the partnership level. Most of these will
be from agencies within states such as California
and Colorado who are currently seeing a higher
adoption rate than most other parts of the country.
Synthesis
From the information gathered at the local and
external levels to draw conclusions about critical
barriers, gaps, and opportunities that will help the
SEMPO area be prepared for the anticipated changes
related to EVs. The outcome of this effort will become
the plan's recommended actions and strategies. They
will include recommended modification to existing
governmental codes and policies, participating in or
creating new programs, engaging in partnerships
with public and private organizations, outreach
activities, and other appropriate actions.
Equity Analysis
Electric Vehicles are commonly considered a luxury
for the affluent. This is due in part by the higher initial
cost, and in part by limitations in available charging
infrastructure. Currently 80% of EV owners charge
at home, yet only 37% of renters have access to a
garage or carport. Addressing equitable access to
charging infrastructure is an important component
to this EV plan. In the plan, we will summarize
various strategies and incentive programs that help
to offset EV purchase and operational costs and
provide charging infrastructure to underserved
communities. With these programs and strategies in
mind, we will work with SEMPO to identify underserved
areas and potential infrastructure gaps within the
planning area that will need specific focus during
the implementation of the EV readiness plan. We
anticipate that much of the needed data can be
obtained from the most recent Federal Census;
however, we will supplement this information with
Electric Vehicle Readiness Plan / 23
AC
JI772 Mennekes GB/T (AC)
(Type 1) (Type 2)
ONBOARD
CHARGER
Various Types of EV Chargers and Connectors
DC
• • ' • X
Tesla CHAdeMO GB/T (AC)
CCs1 CCs2
other data, such as land use and other parcel data,
that may be available through SEMPO or its partners
Identification of Needed Infrastructure
For this plan, we anticipate that this information
will be presented at a high level. However, Olsson
can also provide a more detailed assessment and
recommendations as an added -value service.
An evaluation of existing power infrastructure Identification of Needed Services
is critical to any EV readiness plan. The aging
national and local power infrastructure is not likely
equipped to handle the added increase in power
consumed by EVs. Recommendations to upgrade
the infrastructure for the installation of charging
stations will be included as part of this Plan. High
use areas, equality location identification and
prioritization by neighborhood and region, existing
high-capacity power locations ready for charging
stations and high usage areas will be identified.
Olsson will take existing land use maps and estimate
how the power needs for those areas may increase
over time based on anticipated EV adoption rates.
We anticipate that these needs will be different
for residential, commercial, industrial, and rural
areas. We will overlay these future needs onto the
existing power generation, transmission, and delivery
infrastructure to determine gaps and priorities. With
an understanding of the existing power generation
and distribution system, we develop high-level
recommendations for actions that can be addressed
in partnership with SEMPO and local power providers,
along with budgetary cost estimate for both the power
delivery system and the charging infrastructure.
Residents and local businesses will be hesitant to
purchase EVs for themselves or their fleets without
being able to purchase or service them locally. As
part of the stakeholder engagement task, we will
communicate with local dealerships and auto service
providers to determine their current and planned
capabilities to provide these services. If needed, we
will also interview dealers in more urban areas to
gage the actual level of service that is needed based
on the number of EVs in their areas. While this may
be a classic "chicken and egg' scenario, we will also
provide any available recommendations on how to
attract or incentivize the needed services to the area.
Identification of Needed
Programs and Policies
The information gathered during the Existing
Conditions task will provide needed intelligence
to recommend policies and programs that will
encourage the adoption of EVs by both residents and
organizations. Some examples may include:
Electric Vehicle Readiness Plan / 24
• Including the installation of EV charging stations
for new buildings or public parking locations.
• Requiring developers to assist with power
infrastructure upgrades needed to power
newly installed charging stations.
• Requiring local dealerships to report individual
EV sales (with addresses) to the power providers
so that the power company can accommodate
increased load in residential areas.
• Participating in subsidy programs for the deployment
of EV charging stations (both public and private)
• Participation in local or national organizations
that may provide further insights into best
practices and incentive programs related to EVs.
• Require residents to notify power companies?
• Provide for ADA requirements at
public charging locations
• Mapping of charging sites and providing location
information to 3rd party charging location providers
• Local phone app with charging locations
Strategy and Recommendations
Throughout this approach, we have identified specific
areas for strategies and recommendations. In this
task we will summarize these recommendations
and rank them by effort level, impact, cost, along
with roles and responsibilities of each stakeholder.
This ranked list will provide the foundation
for the scheduled implementation plan.
Funding guidance
For this task, we will identify specific funding sources
and opportunities that may be used by SEMPO
and its partners to support its EV readiness efforts.
These sources may include federal, state, and
private funding, as well as opportunities through
private and economic development. For example,
in April 2021 the Federal Highways Administration
produced a report identifying federal transportation
funding sources that can be used by state and local
agencies in support of vehicle electrification. The
table below is summarized from that report.
We will also identify and describe examples of the
additional rate structuring and incentive programs
implemented by municipalities across the country.
This includes identification of how local power
companies have modified their rates to both
incentivize EV usage and to fund improvements to the
power infrastructure. The analysis will also address
programs that target fleets and businesses as well
as those targeted toward individual consumers.
Olsson will also provide an overview of how the
utilization of distributed power generation also
impacts the future power generation and transmission
needs. We have extensive experience in this
area and have helped power companies address
renewable power on their grids. This includes
overcoming several challenges, such as the fact
that existing power infrastructure is designed to
be one-way and must be modified to allow a "back -
feed" from solar power sources during the day.
Implementation Plan
Once the strategies are prioritized and potential
funding sources identified, we will work with SEMPO
and the project steering committee to develop a
scheduled implementation plan. Because of the rapid
evolution in all aspects of vehicle electrification, we
will build in necessary flexibility to accommodate new
programs, funding, initiatives, and partners - as well as
allowances for the potential formation of partnerships
and contingencies for any that may not materialize.
Performance measures will also be identified that will
Electric Vehicle Readiness Plan / 25
allow SEMPO and its partners to track its progress.
Some example measures that could be considered
include the number of public charging stations in the
area, number of EVs sold to individuals, number of
EVs deployed into fleets, funding received, incentives
distributed, partnerships formed, outreach activities
performed, power infrastructure capacity added, etc.
Complete Draft of EV Readiness Plan
At each step of this process, we will submit
preliminary findings to the SEMPO Technical Planning
Committee and the project steering committee for
review and comment. The draft plan will be the
compilation and formalization of the previously
reviewed findings and will be submitted to both
committees for their review and comments. We
will plan to hold a meeting to review the draft plan
with one or both committees as desired in order
to provide a plan overview and to facilitate any
discussion among the committee members.
Once committee member comments are addressed,
the draft can be made available on a website to all
stakeholder groups for general comment, and to
the public if desired. We will work with SEMPO to
determine if the organization's website can be used
for this purpose and to determine the best way
to receive public comment. If needed, Olsson has
access to several tools which can be used to receive
this public and general stakeholder comment.
Once all comments are received, we will provide
any changes back to the steering and planning
committee members for final approval.
Final EV Readiness Plan
Once all final comments are received and
incorporated, a final readiness plan will be provided.
Our experience in producing many publicly visible
planning documents along with a best -in -class
publishing and graphic arts team means that the
document will be concise, readable, graphical,
and have a professionally attractive appearance
consistent either with SEMPO's organization branding
or with an approved project branding as you prefer.
FHWA Funding sources eligible for EV projects
National Highway Performance $23.1 B
Program (NHPP
Surface Transportation Block $10.2 B
Grant Program (STBG)
Congestion Mitigation & Air Quality $2.4 B
Improvement Program (CMAQ)
National Highway Freight $1.5 B
Program (NHFP)
State Planning & Research (SPR) $641.5 M
Metropolitan Planning (PL) 1 $357.9 M
Rebuilding American Infrastructure
with Sustainability and Equity $1.0 B
(RAISE) (formerly known as BUILD)
Infrastructure for Rebuilding $889.0 M
America (INFRA) Grant Program
Advanced Transportation and
Congestion Management Technologies $53.3 M
Deployment (ATCMTD)
Federal Lands and Tribal $1.0 B
Transportation Program (FLTTP)
Highway Infrastructure Program (HIP) $644.0 M
Puerto Rico Highway Program (PRHP) $74.9 M
Territorial Highway Program (THP) $37.3 M
State Infrastructure Banks (SIBs) Varies
Transportation Infrastructure
Financing & Innovation Act (TIFIA) Varies
Electric Vehicle Readiness Plan / 26
PROJECT
MANAGEMENT
vo
PROJECT MANAGEMENT
At Olsson, we provide you with outstanding projects by making sure each project task is
on track and clearly communicated to you - from start to finish. Our approach follows the
industry standards laid out by the Project Management Institute (PMI), and we manage the key
elements of a project purposefully throughout the project's life cycle (shown below).
Initiating: Defining expectations
at the start of a new project.
At project initiation, Olsson prepares a mutually
agreed upon scope of work and budget, which
are incorporated into the contract documents.
These documents establish clear project goals,
deliverables, and important schedule milestones.
We know clearly defined expectations are the key to
successful project delivery and client satisfaction.
Planning: Figuring out what will be
done, how, and in what order.
After the contract documents are signed, we
develop an overall project management plan
(PMP) that defines how the project will be carried
out. The PMP will address the following items:
Leadership and Communication
The PMP identifies the project manager (PM), the client
points of contact, and a list of the key stakeholders
involved in the project. Making sure everyone is in the
loop is critical. To do this effectively, we must know
what communication is valuable to you - this includes
things like progress meetings, status reports, and
project dashboards. Knowing what is valuable to you
helps us manage expectations and eliminate confusion
about what will get communicated and when.
As part of our communication within the PMP,
our team will schedule regular check-in or
progress meetings. On past projects, we have
found that the frequency of meetings is better
determined by tasks and deliverables (project
demands) than by a set recurrence. The PM will
work with your team to determine the timing
of review and coordination meetings.
10
Agendas will be provided for each meeting,
followed by meeting minutes and action items to
keep track of assigned tasks. Status reports will
be sent to the client and project team to keep
everyone informed of progress and next steps.
We will communicate all changes or modifications
to the project as quickly as possible.
Scope, Schedule, Budget
The PMP outlines the project goals, scope, schedule,
budget, and deliverables of a project, and it's essential
for keeping a project on track. The PMP is the
playbook for executing the project and maintaining
clear expectations for the whole project team.
Resource Management
Identifying the right people with the right skills and
clearly articulating their roles and responsibilities is
key to success. Based on the specific requirements
of the project, Olsson's PM assigns the appropriate
staff as task managers. The PM may adjust personnel
assignments to meet project deadlines or to
overcome project challenges. This assures that your
project has a team with the right skills, expertise,
and capacity for successful project execution.
Electric Vehicle Readiness Plan / 28
SCHEDULE
vo
SCHEDULE
Our team is wired for the success in delivering this project on time while exceeding the motoring public and city's
expectations. Our deep resource pool of team members has extensive, cross -disciplinary experience, enabling us to
provide you with core services that will address all aspects of the project. With nearly 250 traffic and transportation
and power distribution professionals firmwide, we have the resources and capacity in-house to deliver this project
on time for the MPO. Our team has a passion for and knowledge of providing mobility and safety to users. Our
senior level expertise, backed by our assistant engineers and technicians, allows us to develop quality, tailored
solutions for you and efficiently respond to any needs that arise. We are ready and want to assist in delivering this
project to the lead you into the future of transportation.
TASK NAME J
OCT
UEPrJAN
FEB MAR'SAPR
MAY
JUN
AUG
SEP
Notice to Proceed
Form Steering Committee
Stakeholder Engagement
Assessment, Analysis, and Research
Recommendation, Funding, and Implementation Plan
Draft Report
Comment Period
Final Report
Traffic Signal Timing Updates Phase 2 / 19
COST PROPOSAL
vo
COST ESTIMATE
The following is an estimated fee. The actual fee will be finalized with SEMPO during final negotiation of
scope and fee. Hourly rates are provided by category.
Role Hours Rate Total
Project Manager
37
$ 80.00
$
2,960.00
SME
105
$ 70.00
$
7,350.00
Power Engr
54
$ 60.00
$
3,240.00
Public Engagement
22
$ 50.00
$
1,100.00
Planner
96
$ 50.00
$
4,800.00
GIS
16
$ 35.00
$
560.00
EIT
228
$ 35.00
$
7,980.00
Graphics
35
$ 30.00
$
1,050.00
Total Direct Labor
593
3 Assessment, Analysis, and Research
$
29,040.00
Overhead 187.52%%
$
54,455.81
Subtotal
43
$
83,495.81
Fee 12.00%
$
10,019.50
Subtotal Labor Costs
45
$
93,515.31
Direct Expenses
2.1 Stakeholder List
Total
Airfare
$
500.00
Hotel
$
90.00
Car Rental & Fuel
$
110.00
PerDiem
$
220.00
Subtotal Direct Expenses
$
920.00
Project Total $ 94,435.31
Project Public
Task Description Role: Manager SME I Power Engr Engagement Planner GIS EIT I Graphics Total
1 Project Management
1.1 Project Management 1161 1 1 1 1 1161 1 32
Task Subtotal 16 0 0 0 0 0 16 0 32
2 Stakeholder Engagement
2.1 Stakeholder List
1
2
2
2
4
11
2.2 Primary SH Outreach
2
12
2
12
6
1
35
2.3 Secondary SH Outreach
1
3
8
3
15
2.4 Feedback Assessment
1
2
2
2
4
11
Task Subtotal 5 19 0 14 19 0 14 1 72
3 Assessment, Analysis, and Research
3.1 Government Docs
1
4
8
30
43
3.2 Regional Assessment
1
4
8
8
24
45
3.3 Federal/National Assessment
2
24
8
40
74
3.4 Power Grid
1
2
32
1
36
Task Subtotal
5
34
32
0
25
8
94
0
178-
4 Recommendation, Funding, and Implementation
4.1 Policies, policies, funding 4 16 16 16 32 84
4.2 Implementation Plan 2 8 8 16 34
Task Subtotal 6 24 16 0 24 0 48 0 118
5 Draft Plan
5.1 Draft Plan 4 20 4 20 8 40 32 128
5.2 Comment Period 4 8 4 8 24
Task Subtotal 4 24 4 8 24 8 48 32 152
6 Final Plan
6.1 Revisions & Final Plan 11 41 21 141 181 21 21
Task Subtotal 1 4 2 0 4 0 8 2 21
Project Total 1 371 1051 541 221 961 161 2281 35 593
Electric Vehicle Readiness Plan / 32
APPENDIX:
RESUMES
.I
BLAKE HANSEN, PE, PTOE, PMP
Project Manager
EXPERIENCE SUMMARY
Blake is a transportation professional who has experience in
transportation technology. Blake has both experience and a keen
interest in all types of transportation technology, especially in the
anticipated benefits and impacts of connectivity, automation, and
electrification. He is a transportation technology subject matter
expert who has experience in design, planning, construction,
maintenance, operations, integration, and software deployment.
Blake is a registered Project Management Professional (PMP),
Professional Traffic Operations Engineer (PTOE), and Professional
Engineer (PE) in multiple states.
PROJECT EXPERIENCE
• Mid-America Regional Council (MARC), Operation Greenlight Traffic
On-call, Including Strategic Plan; Kansas City Metropolitan
• MoDOT, SM&O Plan Development; MO
• MoDOT, ITS Heartland MCOMP Grant Administrator; KS, NE, IA, MO
• MoDOT, KC Scout Weather Memorandum of Understanding; MO
• Oklahoma Department of Transportation
(ODOT), ITS Inspection Guidelines; OK
• City of Omaha, Traffic Signal System On -Call; Omaha, NE
• City of Leawood, 2016 On-call Traffic Services; Leawood, KS
• IowaDOT, Cedar Rapids ITS; Cedar Rapids, IA
• IowaDOT, ITS On-call and Fiber Design; IA
• Nebraska Link, Engineering On-call; Lincoln, NE
• Kansas Department of Transportation (KDOT),
ITS Central Software Evaluation; KS
• City of Lee's Summit, Communications Master Plan; Lee's Summit, MO
• Kansas Field Expansion; Kansas City metropolitan area
• Sidewalk Labs, Transportation Modeling; Kansas City Metropolitan Area
• Nebraska Department of Transportation
(NDOT), ATCMTD Grant Support, NE
• Minnesota Department of Transportation (MnDOT), North/
West Passage Corridor Freight Planning; various states
• City of Olathe, Transportation Master Plan; Olathe, KS
• City of Kansas City, Noland Road Corridor; Kansas City, MO
EDUCATION
• B.S., Civil Engineering,
University of Utah
• M.S., Civil Engineering
University of Utah
PROFESSIONAL REGISTRATIONS
• Professional Engineer:
KS, NE, MO, UT, IA
• Professional Traffic
Operations Engineer
• Project Management
Professional
OLSSON EXPERIENCE
• 2014 to Present
OVERALL EXPERIENCE
• 1997 to Present
Electric Vehicle Readiness Plan / 34
JOHN HANSEN
Technical Leader
EXPERIENCE SUMMARY
For the past four decades, John has been involved with hundreds
of ITS -related projects throughout the United States and Canada.
His particular expertise is related to infrastructure applications,
including agency -wide data collection, agency -wide Road Weather
Information Systems, dynamic message signs, camera systems,
traffic management systems, geographic information systems for
transportation, weigh in motion systems, and traffic management
PROJECT EXPERIENCE
• Oregon DOT, Operation Green Light; OR*
• Various Clients, Multi -state (11) Coalitions to Share Data; Nationwide*
• Nebraska DOT, Statewide Road Weather Information System
Deployment; NE*
• New Mexico DOT, Statewide Dynamic Message System; NM*Nebraska
DOT, Statewide Road Weather Information System Deployment; NE*
• New Mexico DOT, Statewide Camera Deployment and Management;
NM*
• New Mexico DOT, Statewide Dynamic Message System; NM*
• Federal Highway Administration, Weigh in Motion; Nationwide*
• Wyoming DOT, Transportation Management Center Deployment; WY*
• Various Clients, Advanced Data Collection -Permanent Systems in 15
States; Nationwide*
• Various Clients, Deployment of Statewide RWISs in 14 States;
Nationwide*
• Various Clients, Statewide Portable Weigh in Motion Systems in 18 States;
Nationwide*
• Various Clients, Statewide deployment of 511 Systems in Eight States;
Nationwide*
• Various Clients, Multi -state (11) Coalitions to Share Data; Nationwide*
• City and County of Denver, Transit Priority System; Denver, CO*
• City of Phoenix, Transit Priority System; Phoenix, AZ*
• City of Kansas City, Transit Priority System; Kansas City, MO*
• City of Salt Lake City, Transit Priority System; Salt Lake City, UT*
• City of San Diego, Transit Priority System; San Diego, CA*
• City of Sacramento, Transit Priority System; Sacramento, CA*
• City of Seattle, Transit Priority System; Seattle, WA*
*Previous Experience
I
OLSSON EXPERIENCE
• 2021 to Present
OVERALL EXPERIENCE
• 1980 to Present
Electric Vehicle Readiness Plan / 35
KYLE MCLAUGHLIN
EV Planning
Kyle is a highly motivated, solution -oriented asset to our team
here at Olsson. He has developed a skill of curating plans
that have an attention for detail concerning the improvement
of the efficiency of traffic for cities. Kyle has vast knowledge
and understanding of civil practices, community and regional
planning, and how each must go hand-in-hand. While completing
his Masters degree, Kyle has presented on important topics
when it comes to different aspects of city planning.
PROJECT EXPERIENCE
• City of Colorado Springs, Complete Streets Policy
EDUCATION
Guidelines; Colorado Springs, CO
• M.S., Community and
Regional Planning, University
• Nebraska Department of Transportation, NDOT Mobility
of Nebraska Lincoln
Management -Phase 3 PK1901; Lincoln, NE
• M.S., Civil Engineering
• Ruxton Avenue Functionality Study; Manitou Springs, CO*
(Transportation
• Manitou Springs Transportation & Mobility
Specialization), University of
Master Plan; Manitou Springs, CO*
Nebraska Lincoln
• Flaming Gorge Way Corridor Study; Green River, WY*
• B.S., Civil Engineering,
University of Nebraska
• City of Golden, Transportation Master Plan; Golden, CO*
Lincoln
*Previous Experience
CERTIFICATIONS/ TRAINING
• Engineer in Training, NCEES
• Envision Sustainability
Professional, Institute for
Sustainable Infrastructure
• Mitigation Planning for Local
and Tribal Communities, FEMA
PROFESSIONAL PRESENTATIONS
• "Taming the Urban
Arterial", American Planning
Association, 2019
• "Hazard Mitigation Planning
101", Nebraska Planning
and Zoning Association
Conference, 2017
OLSSON EXPERIENCE
• 2021 to Present
Electric Vehicle Readiness Plan / 36
DEVON BRAZEAL, EI
EV Planning
EXPERIENCE SUMMARY
Devon's experience in transportation and traffic operations
includes planning, analysis, design, implementation, and
construction engineering inspection. Prior design experience
includes ITS deployments for managed freeway systems, as well as
traffic signalization, lighting, advanced transportation management
systems installations, traffic operation and safety studies, and
signing and pavement marking projects.
PROJECT EXPERIENCE
• GVP Windier, Windier Master Community Multimodal Design and Traffic
Study; Aurora, CO
• Orange County, Oak Ridge Pedestrian and Bicycle Study; Orlando, FL*
• CDOT Region 1, Wrong Way Driving Evaluation and Prioritization Study;
CO*
• City of Oviedo, Mitchell Hammock Road Adaptive Traffic Signals; FL*
• Volusia County, ATMS; Volusia, FL*
• FDOT District 5, SR 50/SR 33 Realignment; Lake County, FL*
• FDOT District 4, Florida Turnpike ERCAR; St. Lucie County, FL*
• Central Florida Expressway (CFX), Miscellaneous Engineering Design
Services; Orange County, FL*
• FDOT, Park and Ride Facility Evaluations; FL*
• GVP Windier, Windier Master Community Multimodal Design and Traffic
Study; Aurora, CO
• CDOT Region 3, General Engineering Contract; CO*
• Sarasota County, ATMS Phase V; Sarasota, FL*
• Volusia County, ATMS; Volusia, FL*
• FDOT District 5,1-75 Frame; Sumter and Marion County, FL*
• FDOT, FEMA Hurricane Irma Emergency Response; FL*
*Previous Experience
EDUCATION
• B.S., Civil Engineering,
University of Central Florida
PROFESSIONAL REGISTRATIONS
• Engineer -Intern: FL
OLSSON EXPERIENCE
• 2021 to Present
OVERALL EXPERIENCE
• 2015 to Present
Electric Vehicle Readiness Plan / 37
RUSTY HARTMAN, PE
Distribution Planning
EXPERIENCE SUMMARY
As a team leader for Olsson, Rusty uses his knowledge and
years of experience in mechanical/electrical design to guide the
power transmission and distribution team. He is seasoned in
electrical substation, transmission, and distribution projects,
both in the public and private sector. Rusty's involvement in
engineering for municipalities and renewable energy projects
positions him as a thought leader for Olsson, and a great
resource for client coordination and business development.
PROJECT EXPERIENCE
• Empire District, Liberty Utilities, Electrical Transmission EDUCATION
Distribution On -Call Engineering; Joplin, MO
• B.S., Mechanical Engineering,
• Evergy, Electrical Transmission Distribution On- University of Missouri
Call Engineering; Kansas City, MO
• Carthage Water Electrical Plant (CWEP), Industrial
REGISTRATIONS
Site Readiness; Carthage, MO
Professional Engineer:
• Omaha Public Power District (OPPD), Electrical Transmission
KS, MO, NE, NM, OK
Distribution On -Call Engineering; Omaha, NE
CERT IFICAT ION SITRAINING
• Mid America Precision Products (MAPP), Joplin Electrical One Line and
Rework; Joplin, MO
OSHA 10 Hour Training
• MAPP, New Primary Installation WO #1; Joplin, MO
OLSSON EXPERIENCE
• City of Miami, General Engineering 2018; Miami, OK
• 2018 to Present
• Missouri American water, Joplin WTP Plant 2 Ventilation Modification;
OVERALL EXPERIENCE
Joplin, MO
• 2006 to Present
• USACE, Electrical Distribution System Upgrade; USA*
• Evergy, Substation Design Consulting; Kansas City, MO*
• Rio Grande Electric Coop at Ft. Bliss, Texas, 4,500 -Acre Site Development
Underground Distribution, Substation Design, Procurement,
Construction, Energization; EI Paso, TX*
• Evergy System -Wide Circuit Switcher Replacements, Circuit Switcher
Replacements Throughout the Service Territory, Including the
Encompassed Line Panels in the Substations; Kansas City, MO*
• Cole Camp Substation, 69/34 Greenfield Switching Station Complete
Design, Procurement, Construction Coordination, Pre-Energization
Testing and Energization; Cole Camp, MO*
*Previous Experience
Electric Vehicle Readiness Plan / 38
JEFF BUTTERMORE, PE
Distribution Planning
EXPERIENCE SUMMARY
Jeff has experience in several areas of electric utility engineering
and medium voltage industrial system engineering. He has served
as the project manager responsible for design and construction
administration for a wide range of project types, covering
substations, transmission, subtransmission, distribution lines and
systems, and generation.
PROJECT EXPERIENCE
• Empire District, Liberty Utilities, Electrical Transmission
Distribution On -Call Engineering; Joplin, MO
• Evergy, Electrical Transmission Distribution On -
Call Engineering; Kansas City, MO
• Carthage Water Electrical Plant (CWEP), Industrial
Site Readiness; Carthage, MO
• Omaha Public Power District (OPPD), Electrical Transmission
Distribution On -Call Engineering; Omaha, NE
• Mid America Precision Products (MAPP), Joplin
Electrical One Line and Rework; Joplin, MO
• Carroll Electric Cooperative Corporation, Incident Review; Bentonville, AR
• City of Alliance, 12.47 kV Distribution Rebuilds (2018); Alliance, NE
• Auburn Board of Public Works, Substation and
Electric System Upgrades; Auburn, NE
• Carroll Electric Cooperative Corporation, Incident Review; Bentonville, AR
• City of Alliance, 12.47 kV Distribution Rebuilds (2018); Alliance, NE
• City of Cambridge, Electric CUR 2010 (OA 008-1167); Cambridge, NE
• City of Chappell, Electrical Distribution System Evaluation; Chappell, NE
• City of Claremore, 2019-6 Electrical Distribution; Claremore, OK
• City of Claremore, Capacitor Bank Study; Claremore, OK
• City of Claremore, ODOT Frederick Road; Claremore, OK
• City of Hickman, Consulting Services (2018-2020); Hickman, NE
• City of Miami, General Electrical Services (2019); Miami, OK
• City of Miami, Birnamwood URD Rebuild; Miami, OK
• City of Miami, Feeder 23 Rebuild; Miami, OK
• City of Seward, Electrical CUR 2010 (OA 005-0187); Seward, NE
• City of Seward, Consulting Services (2017-2019); Seward, NE
EDUCATION
• B.S., Electrical Engineering,
University of Nebraska -
Lincoln
• Graduate Studies, Electrical
Engineering, Gonzaga
University
PROFESSIONAL REGISTRATIONS
• Professional Engineer:
CO, NE, TX, WA
CERTIFICATIONS/TRAINING
• SKM
- 101: Intro 1 to SKM
- 102: Intro 2 to SKM
• Schweitzer
- PROT 401: Protecting Power
systems for Engineers
OLSSON EXPERIENCE
• 2019 to Present
OVERALL EXPERIENCE
• 2008 to Present
Electric Vehicle Readiness Plan / 39
ELDON JENSEN, II, PE
EV Charging Station Planning
EXPERIENCE SUMMARY
Eldon has experience in engineering management, design, and
field support on both new construction and brownfield project
sites. He has extensive experience on a wide variety of projects that
include the food and beverage, pet food, biofuels, ag processing,
power generation, wastewater, and commercial building industries.
Specifically, his experience includes: power system studies, power
system design, specification of electrical equipment, design of
electrical equipment enclosures, electrical area classification,
grounding and lightning protection design, instrumentation,
control schematics, and control panel design. Eldon is a licensed
Professional Engineer in 24 states. He has worked on many projects
for Cargill Corn Milling at the Blair and Eddyville facilities.
PROJECT EXPERIENCE
• City of Overland Park, Electric Vehicle Station Design; Overland Park, KS
• City of Auburn, Substation and Electric System Upgrades; Auburn, NE
• Evergy, PISA Design Contract; KS & MO
• Google, Electrical System Critical Spare Parts Evaluation; Lithia Springs,
GA
• Google, Substation and Associated Electrical Power Systems Analysis;
Pryor, OK
• Google, Short Circuit, Coordination, and Arc Flash (SCCAF) Engineering
Services 2021 Contract; Council Bluffs, IA
• City of Miami, On -Call Substation Construction Services; Miami, OK
• Freeport LNG; Power Distribution Center Design; Freeport, TX
• ADM; Combined Heat and Power Project; Cedar Rapids, IA*
• Calpine Washington Parish; RTU Panels; Washington Parish, LA*
• Consumers Energy; Campbell Unit 1 and 2 Control Upgrade; Holland, MI*
• Exelon; Wolf Hollow PDCs; Granbury, TX*
• Exelon; Colorado Bend PDCs; Colorado Bend, TX*
• Reliant Energy; Hunterstown Combined Cycle Project; Hunterstown, PA*
• Reliant Energy; Choctaw County Combined
Cycle Project; French Camp, MS*
• Sacramento Municipal Utilities District; Auxiliary
Boiler Relocation; Sacramento, CA*
*Previous Experience
EDUCATION
• M.A., New Testament,
Johnson University
• B.S., Electrical Engineering,
University of Missouri -
Columbia
PROFESSIONAL REGISTRATIONS
• Professional Engineer: AL,
AR, CA, CO, FL, GA, IL, IN, IA,
KS, MI, MN, MS, MO NE, NV,
NJ, OH, OR, SC, SD, TX, VI, WY
CERTIFICATIONS/TRAINING
• OSHA 10 -Hour Construction
Safety and Health
• OSHA 10 -Hour General
Industry Safety and Health
• HACCP Level 1
OLSSON EXPERIENCE
• 2021 to Present
OVERALL EXPERIENCE
• 2000 to Present
Electric Vehicle Readiness Plan / 40
KURT ROTERING, PE, PTOE
EV Charging Station Planning
EXPERIENCE SUMMARY
Utilizing his broad breadth of experience, Kurt brings expertise
to a wide variety of projects in traffic and transportation
engineering including signal and roundabout design, large-
scale campus planning and design, access management,
traffic studies, and event traffic management. Kurt has worked
on a variety of projects for various state DOT's and has
extensive experience working with municipalities throughout
the Kansas City metropolitan area, Midwest, and Texas.
PROJECT EXPERIENCE
• City of Overland Park, Electric Vehicle Station Design; Overland Park, KS EDUCATION
• Mid-America Regional Council, Operation Green • B.S., Civil Engineering, Kansas
Light; Kansas City Metropolitan area State University
• MoDOT, Route 152 & Platte Purchase DDI Conversion Kansas City, MO • M.S., Transportation
• City Kansas City, On -Call Traffic; Kansas City, MO Engineering, Kansas State
• KCATA IDIQ Transit Customer Information Systems; Kansas City, MO University
• City of Pittsburg, Kansas Highway 126 Traffic Study; Pittsburg, KS
PROFESSIONAL REGISTRATIONS
• MoDOT, Route 152 & Platte Purchase DDI Conversion Kansas City, MO
• Professional Engineer: TX, KS,
MO, AR, OK, MI, ND, ID,
• City of Owasso, 116th Street Widening from 129th Street to US -169;
Owasso, OK*
•Professional Traffic
Operations Engineer
• City of Overland Park, 2017 Neighborhood Street Reconstruction
Program; Overland Park, KS*
OLSSON EXPERIENCE
• City of Overland Park, 2019 Neighborhood Street Reconstruction
• 2020 to Present
Program; Overland Park, KS*
OVERALL EXPERIENCE
• City of Overland Park, 2021 Neighborhood Street Reconstruction
Program; Overland Park, KS*
• 2007 to Present
• City of Tulsa, 31 st Street Improvements from Riverside Drive to Peoria
Avenue; Tulsa, OK*
• City of Houston, Allen Parkway Improvements; Houston, TX*
• City of Houston, CenterPoint Safety Study; Houston, TX*
• City of Kansas City, Chouteau Parkway and Trail Connection Study and
Improvements; Kansas City, MO*
• City of Olathe, Church Street Improvements Project; Olathe, KS*
• Grand Parkway Design Build Toll Road Segments F1, F2 and G; Harris and
Montgomery Counties, TX*
*Previous Experience
Electric Vehicle Readiness Plan / 41
STACEY ROACH
Stakeholder Coordination
EXPERIENCE SUMMARY
Stacey leads public engagement services at Olsson. She is a public
involvement and communications professional trained through
the International Association for Public Participation (IAP2).
She manages Olsson's NDOT Public Involvement and Strategic
Communications On -Call contract, including public involvement
and communications efforts at both the state and local municipal
levels. Stacey has worked closely with NDOT's public involvement
and communications teams to determine the appropriate level and
strategy for public participation and communication for multiple
projects and programs. Stacey's experience includes planning and
facilitating multi -stakeholder meetings, gathering stakeholder
input, and building consensus. She has experience coordinating
project meetings and meeting materials; creating and executing
programmatic and project -related strategic communication plans
using websites; managing social media and media relations; and
developing and coordinating printed and digital communications.
Stacey is known for her keen attention to detail, her ability to
create and follow a plan of action and is energized by building and
maintaining relationships with communities and their stakeholders
while seeking to listen and share information.
PROJECT EXPERIENCE
• City of Harrison, Goblin Drive Phase I Improvements; Harrison, AR
• City of Omaha, 13th Street Walkability Study; Omaha, NE
• Metropolitan Area Planning Agency 24th Street Multimodal
Transportation Study; Omaha, NE
• City of Lincoln, RTSD 33rd Street and Cornhusker Highway
Improvements; Lincoln, NE
• City of Loveland, Highway 402 Master Corridor Plan, Loveland, CO
• NDOT, On-call Public Involvement Services (2020-2023); Statewide, NE
• NDOT, New 11 -Mile South Beltway East-West Freeway Construction
Public Relations (sub to Hawkins Construction); Lincoln, NE
• NDOT, Mobility Management Phase 3 Public Involvement; Statewide, NE
• NDOT, In Valentine Public Involvement; Valentine, NE
• NDOT, West 4th Street In Valentine Public Involvement; Valentine, NE
• NDOT, U.S. 77 to U.S. 75 Public Involvement; Burt County, NE
EDUCATION
• Graduate Certificate, Public
Management, University of
Nebraska -Omaha
• B.S., Education & Human
Sciences, University of
Nebraska -Lincoln
CERTI FICATIONSITRAINING
• International Association for
Public Participation (IAP2),
Planning and Techniques for
Effective Public Participation
Certificate
OLSSON EXPERIENCE
• 2017 to Present
OVERALL EXPERIENCE
• 2002 to Present
Electric Vehicle Readiness Plan / 42
GENERAL PROVISIONS
These General Provisions are attached to and made a part of
the respective Letter Agreement or Master Agreement, dated
October 26, 2021 between SEMPO ("Client") and Olsson, Inc.
("Olsson") for professional services in connection with the
project or projects arising under such Letter Agreement or
Master Agreement (the "Project(s)").
As used herein, the term "this Agreement" refers to these
General Provisions, the applicable Letter Agreement or Master
Agreement, and any other exhibits or attachments thereto as if
they were part of one and the same document.
SECTION 1—OLSSON'S SCOPE OF SERVICES
Olsson's scope of services for the Project(s) is set forth in the
applicable Letter Agreement or Master Agreement ("Scope of
Services").
SECTION 2—ADDITIONAL SERVICES
2.1 Unless otherwise expressly included, Scope of
Services does not include the categories of additional services
set forth in Sections 2.2 and 2.3.
2.2 If Client and Olsson mutually agree for Olsson to
perform any optional additional services as set forth in this
Section 2.2 ("Optional Additional Services"), Client will provide
written approval of the agreed-upon Optional Additional
Services, and Olsson shall perform or obtain from others such
services and will be entitled to an increase in compensation at
rates provided in this Agreement. Olsson may elect not to
perform all or any of the Optional Additional Services without
cause or explanation:
2.2.1 Preparation of applications and supporting
documents for governmental financial support of the Project(s);
preparation or review of environmental studies and related
services; and assistance in obtaining environmental approvals.
2.2.2 Services to make measured drawings of or to
investigate existing conditions of facilities.
2.2.3 Services resulting from changes in the general
scope, extent or character of the Project(s) or major changes in
documentation previously accepted by Client where changes
are due to causes beyond Olsson's control.
2.2.4 Services resulting from the discovery of
conditions or circumstances which were not contemplated by
Olsson at the commencement of this Agreement. Olsson shall
notify Client of the newly discovered conditions or
circumstances and Client and Olsson shall renegotiate, in good
faith, the compensation for this Agreement, if amended terms
cannot be agreed upon, Olsson may terminate this Agreement
and Olsson shall be paid for its services through the date of
termination.
2.2.5 Providing renderings or models.
2.2.6 Preparing documents for alternate bids
requested by Client.
2.2.7 Analysis of operations, maintenance or
overhead expenses; value engineering; the preparation of rate
schedules; earnings or expense statements; cash flow or
economic evaluations or; feasibility studies, appraisals or
valuations.
2.2.8 Furnishing the services of independent
professional associates or consultants for work beyond the
Scope of Services.
2.2.9 Services necessary due to the Client's award of
more than one prime contract for the Project(s); services
necessary due to the construction contract containing cost plus
or incentive -savings provisions; services necessary in order to
arrange for performance by persons other than the prime
contractor; or those services necessary to administer Client's
contract(s).
2.2.10 Services in connection with staking out the work
of contractor(s).
2.2.11 Services during out-of-town travel or visits to the
site beyond those specifically identified in this Agreement.
2.2.12 Preparation of operating and maintenance
manuals.
2.2.13 Services to redesign some or all of the
Project(s).
2.2.14 Preparing to serve or serving as a consultant or
witness or assisting Client with any litigation, arbitration or other
legal or administrative proceeding.
2.2.15 Services relating to Construction Observation,
Certification, Inspection, Construction Cost Estimating, project
observation, construction management, construction
scheduling, construction phasing or review of Contractor's
performance means or methods.
2.3 Whenever, in its sole discretion, Olsson determines
additional services as set forth in this Section 2.3 are necessary
to avoid a delay in the completion of the Project(s) ("Necessary
Additional Services"), Olsson shall perform or obtain from others
such services without waiting for specific instructions from
Client, and Olsson will be entitled to an increase in
compensation for such services at the standard hourly billing
rate charged for those employees performing the services, plus
reimbursable expenses, if any:
2.3.1 Services in connection with work directive
changes and/or change orders directed by the Client to any
contractors.
2.3.2 Services in making revisions to drawings and
specifications occasioned by the acceptance of substitutions
proposed by contractor(s); services after the award of each
contract in evaluating and determining the acceptability of an
unreasonable or excessive number of substitutions proposed by
contractor(s); or evaluating an unreasonable or extensive
number of claims submitted by contractor(s) or others in
connection with the Project(s).
2.3.3 Services resulting from significant delays,
changes or price increases occurring as a direct or indirect result
of material, equipment or energy shortages.
2.3.4 Additional or extended services during
construction made necessary by (1) work damaged during
construction, (2) a defective, inefficient or neglected work by any
contractor, (3) acceleration of the progress schedule involving
services beyond normal working hours, or (4) default by any
contractor.
Page 1 of 8 19-3868.01
SECTION 3—CLIENT'S RESPONSIBILITIES
3.1. Client shall provide all criteria and full information as to
Client's requirements for the Project(s); designate and identify in
writing a person to act with authority on Client's behalf in respect
of all aspects of the Project(s); examine and respond promptly
to Olsson's submissions; and give prompt written notice to
Olsson whenever Client observes or otherwise becomes aware
of any defect in the Olsson's services.
3.2 Client agrees to pay Olsson the amounts due for
services rendered and expenses within thirty (30) days after
Olsson has provided its invoice for such services. In the event
Client disputes any invoice item, Client shall give Olsson written
notice of such disputed item within fifteen (15) days after receipt
of such invoice and shall pay to Olsson the undisputed portion of
the invoice according to the provisions hereof. If Client fails to pay
any invoiced amounts when due, interest will accrue on each
unpaid amount at the rate of thirteen percent (13%) per annum
from the date due until paid according to the provisions of this
Agreement. Interest shall not be charged on any disputed invoice
item which is finally resolved in Client's favor. Payment of interest
shall not excuse or cure any default or delay in payment of
amounts due.
3.2.1 If Client fails to make any payment due Olsson
for services and expenses within thirty (30) days after receipt of
Olsson's statement therefore, Olsson may, after giving seven (7)
days written notice to Client, suspend services to Client under
this Agreement until Olsson has been paid in full all amounts
due for services, expenses and charges and Client will not
obtain any license to any Work Product or be entitled to retain
or use any Work Product pursuant to Section 7.1 unless and
until Olsson has been paid in full and Client has fully satisfied all
of its obligations under this Agreement.
3.3 Payments to Olsson shall not be withheld, postponed
or made contingent on the construction, completion or success
of the Project(s) or upon receipt by the Client of offsetting
reimbursements or credit from other parties who may have
caused the need for additional services. No withholdings,
deductions or offsets shall be made from Olsson's
compensation for any reason unless and until Olsson has been
found to be legally liable for such amounts.
3.4 Client shall also do the following and pay all costs
incident thereto:
3.4.1 Furnish to Olsson any existing and/or required
borings, probings or subsurface explorations; hydrographic
surveys; laboratory tests or inspections of samples, materials or
equipment; appropriate professional interpretations of any of the
foregoing; environmental assessment and impact statements;
property, boundary, easement, right-of-way, topographic or
utility surveys; property descriptions; and/or zoning or deed
restrictions; all of which Olsson may rely upon in performing
services hereunder.
3.4.2 Guarantee access to and make all provisions for
Olsson to enter upon public and private property reasonably
necessary to perform its services on the Project(s).
3.4.3 Provide such legal, accounting, independent
cost estimating or insurance counseling services as may be
required for the Project(s); any auditing service required in
respect of contractor(s)' applications for payment; and/or any
inspection services to determine if contractor(s) are performing
the work legally.
3.4.4 Provide engineering surveys to establish
reference points for construction unless specifically included in
Olsson's Scope of Services.
3.4.5 Furnish approvals and permits from all
governmental authorities having jurisdiction over the Project(s).
3.4.6 If more than one prime contractor is to be
awarded the contract for construction, designate a party to have
responsibility and authority for coordinating and interfacing the
activities of the various prime contractors.
3.4.7 All fees and other amounts payable by Client
under this Agreement are exclusive of taxes and similar
assessments. Without limiting the foregoing, Client is
responsible and liable for all sales, service, use, and excise
taxes, and any other similar taxes, duties, and charges of any
kind imposed by any federal, state, county or local governmental
authority on any amounts payable by Client under this
Agreement, other than any taxes imposed on Olsson's
income. In the event any governmental authority assesses
Olsson for taxes, duties, or charges of any kind in connection
with Scope of Services provided by Olsson to Client, Olsson
shall be entitled to submit an invoice to Client, its successors or
assigns, for the amount of said assessment and related interest
and penalties. Client shall pay such invoice in accordance with
Olsson's standard payment terms.
3.5 Client shall pay all costs incident to obtaining bids or
proposals from contractor(s).
3.6 Client shall pay all permit application review costs for
government authorities having jurisdiction over the Project(s).
3.7 Contemporaneously with the execution of this
Agreement, Client shall designate in writing an individual to act
as its duly authorized Project(s) representative.
3.8 Client shall bear sole responsibility for:
3.8.1 Jobsite safety. Neither the professional activities
of Olsson, nor the presence of Olsson or its employees or sub -
consultants at the Project shall impose any duty on Olsson
relating to any health or safety laws, regulations, rules,
programs or procedures.
3.8.2 Notifying third parties including any
governmental agency or prospective purchaser, of the existence
of any hazardous or dangerous materials located in or around
the Project(s) site.
3.8.3 Providing and updating Olsson with accurate
information regarding existing conditions, including the
existence of hazardous or dangerous materials, proposed
Project(s) site uses, any change in Project(s) plans, and all
subsurface installations, such as pipes, tanks, cables and
utilities within the Project(s) site.
3.8.4 Providing and assuming all responsibility for:
interpretation of contract documents; Construction
Observations; Certifications; Inspections; Construction Cost
Estimating; project observations; construction management;
construction scheduling; construction phasing; and review of
Contractor's performance, means and methods. Client waives
any claims against Olsson and releases Olsson from liability
relating to or arising out of such services and agrees, to the
fullest extent permitted by law, to indemnify and hold Olsson
Page 2 of 8 19-3868.01
harmless from any and all damages, liabilities or costs, including
reasonable attorneys' fees and defense costs, relating to such
actions and services.
3.9 Client releases Olsson from liability for any incorrect
advice, judgment or decision based on inaccurate information
furnished by Client or others.
3.10 If reasonable precautions will be inadequate to prevent
foreseeable bodily injury or death to persons resulting from a
material or substance, including hazardous materials,
encountered on the site, Olsson may immediately stop work in
the affected area and report the condition to Client. Client shall
be solely responsible for retaining independent consultant(s) to
determine the nature of the material and to abate or remove the
material. Olsson shall not be required to perform any services or
work relating to or in the area of such material until the material
has been removed or rendered harmless and only after
approval, if necessary of the government agency with
jurisdiction.
SECTION 4—MEANING OF TERMS
4.1 The "Cost of Construction" of the entire Project(s)
(herein referred to as "Cost of Construction") means the total
cost to Client of those portions of the entire Project(s) designed
and specified by Olsson, but it will not include Olsson's
compensation and expenses, the cost of land, rights-of-way, or
compensation for or damages to, properties unless this
Agreement so specifies, nor will it include Client's legal,
accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the
Project(s) or the cost of other services to be provided by others
to Client pursuant to Section 3.
4.2 The "Salary Costs": Used as a basis for payment mean
salaries and wages (base and incentive) paid to all Olsson's
personnel engaged directly on the Project(s), including, but not
limited to, engineers, architects, surveyors, designers,
draftsmen, specification writers, estimators, other technical and
business personnel; plus the cost of customary and statutory
benefits, including, but not limited to, social security
contributions, unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, sick leave,
vacation and holiday pay and other group benefits.
4.3 "Certify" or "a Certification": If included in the Scope of
Services, such services shall be limited to a statement of
Olsson's opinion, to the best of Olsson's professional
knowledge, information and belief, based upon its periodic
observations and reasonable review of reports and tests created
by Olsson or provided to Olsson. Olsson shall not be responsible
for constant or exhaustive observation of the work. Client
understands and agrees that any certifications based upon
discrete sampling observations and that such observations
indicate conditions that exist only at the locations and times the
observations were performed. Performance of such observation
services and certification does not constitute a warranty or
guarantee of any type, since even with diligent observation,
some construction defects, deficiencies or omissions in the work
may occur. Olsson shall have no responsibility for the means,
methods, techniques, sequences or procedures selected by the
contractor(s) or for the contractor's safety precautions and
programs nor for failure by the contractor(s) to comply with any
laws or regulations relating to the performance or furnishing of
any work by the contractor(s). Client shall hold its contractor(s)
solely responsible for the quality and completion of the
Project(s), including construction in accordance with the
construction documents. Any duty under this Agreement is for
the sole benefit of the Client and not for any third party, including
the contractor(s) or any subcontractor(s). Olsson shall sign pre-
printed form certifications only if (a) Olsson approves the form
of such certification prior to the commencement of its services,
(b) such certification is expressly included in the Scope of
Services, (c) the certification is limited to a statement of
professional opinion and does not constitute a warranty or
guarantee, express or implied. It is understood that any
certification by Olsson shall not relieve the Client or the Client's
contractors of any responsibility or obligation they may have by
industry custom or under any contract.
4.4 "Opinion of Probable Cost": An opinion of probable
construction cost made by Olsson. In providing opinions of
probable construction cost, it is recognized that neither the
Client nor Olsson has control over the costs of labor, equipment
or materials, or over the contractor's methods of determining
prices or bidding. The opinion of probable construction costs is
based on Olsson's reasonable professional judgment and
experience and does not constitute a warranty, express or
implied, that the contractor's bids or the negotiated price of the
work on the Project(s) will not vary from the Client's budget or
from any opinion of probable cost prepared by Olsson.
4.5 "Day": A calendar day of 24 hours. The term "days"
shall mean consecutive calendar days of 24 hours each, or
fraction thereof.
4.6 "Construction Observation": If included in the Scope of
Services, such services during construction shall be limited to
periodic visual observation and testing of the work to determine
that the observed work generally conforms to the contract
documents. Olsson shall not be responsible for constant or
exhaustive observation of the work. Client understands and
agrees that such visual observations are discrete sampling
procedures and that such procedures indicate conditions that
exist only at the locations and times the observations were
performed. Performance of Construction Observation services
does not constitute a warranty or guarantee of any type, since
even with diligent observation, some construction defects,
deficiencies or omissions in the work may occur. Olsson shall
have no responsibility for the means, methods, techniques,
sequences or procedures selected by the contractor or for the
contractor's safety precautions and programs nor for failure by
the contractor to comply with any laws or regulations relating to
the performance or furnishing of any work by the contractor.
Client shall hold its contractor(s) solely responsible for the
quality and completion of the Project(s), including construction
in accordance with the construction documents. Any duty under
this Agreement is for the sole benefit of the Client and not for
any third party, including the contractor or any subcontractor.
Client, or its designees shall notify Olsson at least twenty-four
(24) hours in advance of any field tests and observations
required by the construction documents.
4.7 "Inspect" or "Inspection": If included in the Scope of
Services, such services shall be limited to the periodic visual
observation of the contractor's completed work to permit Olsson,
as an experienced and qualified professional, to determine that
the observed work, generally conforms to the contract
documents. Olsson shall not be responsible for constant or
exhaustive observation of the work. Client understands and
agrees that such visual observations are discrete sampling
procedures and that such procedures indicate conditions that
exist only at the locations and times the observations were
performed. Performance of such observation services does not
constitute a warranty or guarantee of any type, since even with
Page 3 of 8 19-3868.01
diligent observation, some construction defects, deficiencies or
omissions in the work may occur. Olsson shall have no
responsibility for the means, methods, techniques, sequences
or procedures selected by the contractor(s) or for the
contractor's safety precautions and programs nor for failure by
the contractor(s) to comply with any laws or regulations relating
to the performance or furnishing of any work by the
contractor(s). Client shall hold its contractor(s) solely
responsible for the quality and completion of the Project(s),
including construction in accordance with the construction
documents. Any duty under this Agreement is for the sole benefit
of the Client and not for any third party, including the
contractor(s) or any subcontractor(s). Client, or its designees,
shall notify Olsson at least twenty-four (24) hours in advance of
any inspections required by the construction documents.
4.8 "Record Documents": Drawings prepared by Olsson
upon the completion of construction based upon the drawings
and other data furnished to Olsson by the Contractor and others
showing significant changes in the work on the Project(s) made
during construction. Because Record Documents are prepared
based on unverified information provided by others, Olsson
makes no warranty of the accuracy or completeness of the
Record Documents.
SECTION 5—TERMINATION
5.1 Either party may terminate this Agreement, for cause
upon giving the other party not less than seven (7) calendar days
written notice of default for any of the following reasons;
provided, however, that the notified party shall have the same
seven (7) calendar day period in which to cure the default:
5.1.1 Substantial failure by the other party to perform
in accordance with the terms of this Agreement and through no
fault of the terminating party;
5.1.2 Assignment of this Agreement or transfer of the
Project(s) by either party to any other entity without the prior
written consent of the other party;
5.1.3 Suspension of the Project(s) or Olsson's
services by the Client for more than ninety (90) calendar days,
consecutive or in the aggregate.
5.2 In the event of a "for cause" termination of this
Agreement by either party, the Client shall, within fifteen (15)
calendar days after receiving Olsson's final invoice, pay Olsson
for all services rendered and all reimbursable costs incurred by
Olsson up to the date of termination, in accordance with the
payment provisions of this Agreement.
5.2.1 In the event of a "for cause" termination of this
Agreement by Client and (a) a final determination of default is
entered against Olsson under Section 6.2 and (b) Client has fully
satisfied all of its obligations under this Agreement, Olsson shall
grant Client a limited license to use the Work Product pursuant
to Section 7.1.
5.3 The Client may terminate this Agreement for the
Client's convenience and without cause upon giving Olsson not
less than seven (7) calendar days written notice. In the event of
any termination that is not the fault of Olsson, the Client shall
pay Olsson, in addition to payment for services rendered and
reimbursable costs incurred, for all expenses reasonably
incurred by Olsson in connection with the orderly termination of
this Agreement, including but not limited to demobilization,
reassignment of personnel, associated overhead costs, any
fees, costs or expenses incurred by Olsson in preparing or
negotiating any proposals submitted to Client for Olsson's
Scope of Services or Optional Additional Services under this
Agreement and all other expenses directly resulting from the
termination and a reasonable profit of ten percent (10%) of
Olsson's actual costs (including overhead) incurred.
SECTION 6—DISPUTE RESOLUTION
6.1. Mediation
6.1.1 All questions in dispute under this Agreement
shall be submitted to mediation. On the written notice of either
party to the other of the election to submit any dispute under this
Agreement to mediation, each party shall designate their
representatives and shall meet within ten (10) days after the
service of the notice. The parties themselves shall then attempt
to resolve the dispute within ten (10) days of meeting.
6.1.2 Should the parties themselves be unable to
agree on a resolution of the dispute, and then the parties shall
appoint a third party who shall be a competent and impartial
party and who shall be acceptable to each party, to mediate the
dispute. Any third party mediator shall be qualified to evaluate
the performance of both of the parties, and shall be familiar with
the design and construction progress. The third party shall meet
to hear the dispute within ten (10) days of their selection and
shall attempt to resolve the dispute within fifteen (15) days of
first meeting.
6.1.3 Each party shall pay the fees and expenses of
the third party mediator and such costs shall be borne equally
by both parties.
6.2 Arbitration or Litigation
6.2.1 Olsson and Client agree that from time to time,
there may be conflicts, disputes and/or disagreements between
them, arising out of or relating to the services of Olsson, the
Project(s), or this Agreement (hereinafter collectively referred to
as "Disputes") which may not be resolved through mediation.
Therefore, Olsson and Client agree that all Disputes shall be
resolved by binding arbitration or litigation at the sole discretion
and choice of Olsson. If Olsson chooses arbitration, the
arbitration proceeding shall proceed in accordance with the
Construction Industry Arbitration Rules of the AAA.
6.2.2 Client hereby agrees that Olsson shall have the
right to include Client, by consolidation, joinder or other manner,
in any arbitration or litigation involving Olsson and a
subconsultant or subcontractor of Olsson or Olsson and any
other person or entity, regardless of who originally initiated such
proceedings.
6.2.3 If Olsson chooses arbitration or litigation, either
may be commenced at any time prior to or after completion of
the Project(s), provided that if arbitration or litigation is
commenced prior to the completion of the Project(s), the
obligations of the parties under the terms of this Agreement shall
not be altered by reason of the arbitration or litigation being
conducted. Any arbitration hearings or litigation shall take place
in Lincoln, Nebraska, the location of Olsson's home office.
6.2.4 The prevailing party in any arbitration or
litigation relating to any Dispute shall be entitled to recover from
the other party those reasonable attorney fees, costs and
expenses incurred by the prevailing party in connection with the
Dispute.
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6.3 Certification of Merit
Client agrees that it will not assert any claim, including but not
limited to, professional negligence, negligence, breach of
contract, misconduct, error, omission, fraud, or
misrepresentation ("Claim") against Olsson, or any Olsson
subconsultant, unless Client has first provided Olsson with a
sworn certificate of merit affidavit setting forth the factual and
legal basis for such Claim (the "Certificate"). The Certificate
shall be executed by an independent engineer ("Certifying
Engineer") currently licensed and practicing in the jurisdiction of
the Project site. The Certificate must contain: (a) the name and
license number of the Certifying Engineer; (b the qualifications
of the Certifying Engineer, including a list of all publications
authored in the previous 10 years and a list of all cases in which
the Certifying Engineer testified within the previous 4 years ; (c)
a statement by the Certifying Engineer setting forth the factual
basis for the Claim; (d) a statement by the Certifying Engineer
of each and every act, error, or omission that the Certifying
Engineer contends supports the Claim or any alleged violation
of any applicable standard of care; (e) a statement by the
Certifying Engineer of all opinions the Certifying Engineer holds
regarding the Claim or any alleged violation of any applicable
standard of care; (f) a list of every document related to the
Project reviewed by the Certifying Engineer; and (g) a list of
every individual who provided Certifying Engineer with any
information regarding the Project. The Certificate shall be
provided to Olsson not less than thirty (30) days prior to any
arbitration or litigation commenced by Client or not less than ten
(10) days prior to the initial response submitted by Client in any
arbitration or litigation commenced by someone other than
Client. The Certificate is a condition precedent to the right of
Client to assert any Claim in any litigation or arbitration and
Client's failure to timely provide a Certificate to Olsson will be
grounds for automatic dismissal of the Claim with prejudice.
SECTION 7—MISCELLANEOUS
7.1 Reuse of Documents
All documents, including drawings, specifications, reports,
boring logs, maps, field data, data, test results, information,
recommendations, or opinions prepared or furnished by Olsson
(and Olsson's independent professional associates and
consultants) pursuant to this Agreement ("Work Product"), are
all Olsson's instruments of service, do not constitute goods or
products, and are copyrighted works of Olsson. Olsson shall
retain an ownership and property interest in such Work Product
whether or not the Project(s) is completed. If Client has fully
satisfied all of its obligations under this Agreement, Olsson shall
grant Client a limited license to use the Work Product and Client
may make and retain copies of Work Product for use in
connection with the Project(s); however, such Work Product is
for the exclusive use and benefit of Client or its agents in
connection with the Project(s), are not intended to inform, guide
or otherwise influence any other entities or persons with respect
to any particular business transactions, and should not be relied
upon by any entities or persons other than Client or its agents
for any purpose other than the Project(s). Such Work Product is
not intended or represented to be suitable for reuse by Client or
others on extensions of the Project(s) or on any other Project(s).
Client will not distribute or convey such Work Product to any
other persons or entities without Olsson's prior written consent
which shall include a release of Olsson from liability and
indemnification by the third party. Any reuse of Work Product
without written verification or adaptation by Olsson for the
specific purpose intended will be at Client's sole risk and without
liability or legal exposure to Olsson, or to Olsson's independent
professional associates or consultants, and Client shall
indemnify and hold harmless Olsson and Olsson's independent
professional associates and consultants from all claims,
damages, losses and expenses including attorneys' fees arising
out of or resulting therefrom. Any such verification or adaptation
of Work Product will entitle Olsson to further compensation at
rates to be agreed upon by Client and Olsson.
7.2 Electronic Files
By accepting and utilizing any electronic file of any Work Product
or other data transmitted by Olsson, the Client agrees for itself,
its successors, assigns, insurers and all those claiming under or
through it, that by using any of the information contained in the
attached electronic file, all users agree to be bound by the
following terms. All of the information contained in any electronic
file is the work product and instrument of service of Olsson, who
shall be deemed the author, and shall retain all common law,
statutory law and other rights, including copyrights, unless the
same have previously been transferred in writing to the Client.
The information contained in any electronic file is provided for
the convenience to the Client and is provided in "as is" condition.
The Client is aware that differences may exist between the
electronic files transferred and the printed hard -copy original
signed and stamped drawings or reports. In the event of a
conflict between the signed original documents prepared by
Olsson and the electronic files, which may be transferred, the
signed and sealed original documents shall govern. Olsson
specifically disclaims all warranties, expressed or implied,
including without limitation, and any warranty of merchantability
or fitness for a particular purpose with respect to any electronic
files. It shall be Client's responsibility to confirm the accuracy of
the information contained in the electronic file and that it
accurately reflects the information needed by the Client. Client
shall not retransmit any electronic files, or any portion thereof,
without including this disclaimer as part of any such
transmissions. In addition, Client agrees, to the fullest extent
permitted by law, to indemnify and hold harmless Olsson, its
officers, directors, employees and sub consultants against any
and all damages, liabilities, claims or costs, including
reasonable attorney's and expert witness fees and defense
costs, arising from any changes made by anyone other than
Olsson or from any reuse of the electronic files without the prior
written consent of Olsson.
7.3 Opinion of Probable Cost
Since Olsson has no control over the cost of labor, materials,
equipment or services furnished by others, or over the
contractor(s)' methods of determining prices, or over competitive
bidding or market conditions, Olsson's Opinion of Probable Cost
provided for herein is made on the basis of Olsson's experience
and qualifications and represent Olsson's best judgment as an
experienced and qualified professional engineer, familiar with
the construction industry. Client acknowledges and agrees that
Olsson cannot and does not guarantee proposals or bids and
that actual total Project(s) or construction costs may reasonably
vary from Olsson's Opinion of Probable Cost. If prior to the
bidding or negotiating phase Client wishes greater assurance as
to total Project(s) or construction costs, Client shall employ an
independent cost estimator as provided in paragraph 3.4.3. If
Olsson's Opinion of Probable Cost was performed in
accordance with its standard of care and was reasonable under
the total circumstances, any services performed by Olsson to
modify the contract documents to bring the construction cost
within any limitation established by Client will be considered
Optional Additional Services and paid for as such by Client. If,
however, Olsson's Opinion of Probable Cost was not performed
Page 5 of 8 19-3868.01
in accordance with its standard of care and was unreasonable
under the total circumstances and the lowest negotiated bid for
construction of the Project(s) unreasonably exceeds Olsson's
Opinion of Probable Cost, Olsson shall modify its work as
necessary to adjust the Project(s)' size, and/or quality to
reasonably comply with the Client's budget at no additional cost
to Client. Under such circumstances, Olsson's modification of its
work at no cost shall be the limit of Olsson's responsibility with
regard to any unreasonable Opinion of Probable Cost.
7.4 Prevailing Wages
It is Client's responsibility to determine whether the Project(s) is
covered under any prevailing wage regulations. Unless Client
specifically informs Olsson in writing that the Project(s) is a
prevailing wage project and is identified as such in the Scope of
Services, Client agrees to reimburse Olsson and to defend,
indemnify and hold harmless Olsson from and against any
liability, including costs, fines and attorneys' fees, resulting from
a subsequent determination that the Project(s) was covered
under any prevailing wage regulations.
7.5 Samples
All material testing samples shall remain the property of the
Client. If appropriate, Olsson shall preserve samples obtained
no longer than forty-five (45) days after the issuance of any
document that includes the data obtained from those samples.
After that date, Olsson may dispose of the samples or return
them to Client at Client's cost.
7.6 Standard of Care
Olsson will strive to perform its services in a manner consistent
with that level of care and skill ordinarily exercised by members
of Olsson's profession providing similar services in the same
locality under similar circumstances at the time Olsson's
services are performed. This Agreement creates no other
representation, warranty or guarantee, express or implied.
7.7 Force Majeure
Any delay in the performance of any of the duties or obligations
of either party hereto (except the payment of money) shall not
be considered a breach of this Agreement and the time required
for performance shall be extended for a period equal to the
period of such delay, provided that such delay has been caused
by or is the result of any acts of God, acts of the public enemy,
insurrections, riots, embargoes, labor disputes, including strikes,
lockouts, job actions, boycotts, fires, explosions, floods,
shortages of material or energy, or other unforeseeable causes
beyond the control and without the fault or negligence of the
party so affected. The affected party shall give prompt notice to
the other party of such cause, and shall take promptly whatever
reasonable steps are necessary to relieve the effect of such
cause.
7.8 Equal Employment Opportunity
Olsson and any sub -consultant or subcontractor shall abide by
the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-
741.5(a). These regulations prohibit discrimination against
qualified individuals based on their status as protected veterans
or individuals with disabilities, and prohibit discrimination against
all individuals based on their race, color, religion, sex, sexual
orientation, gender identity or national origin. Moreover, these
regulations require that covered prime contractors and
subcontractors take affirmative action to employ and advance in
employment individuals without regard to race, color, religion,
sex, sexual orientation, gender identity, national origin, disability
or veteran status.
7.9 Confidentiality
In performing this Agreement, the parties may disclose to each
other written, oral, electronic, graphic, machine-readable,
tangible or intangible, non-public, confidential or proprietary data
or information in any form or medium, including but not limited
to: (1) information of a business, planning, marketing,
conceptual, design, or technical nature; (2) models, tools,
hardware, software or source code; and (3) any documents,
videos, photographs, audio files, data, studies, reports,
flowcharts, works in progress, memoranda, notes, files or
analyses that contain, summarize or are based upon any non-
public, proprietary or confidential information (hereafter referred
to as the "Information"). The Information is not required to be
marked as confidential.
7.9.1 Therefore, Olsson and Client agree that the
party receiving Information from the other party to this
Agreement (the "Receiving Party") shall keep Information
confidential and not use the Information in any manner other
than in the performance of this Agreement without prior written
approval of the party disclosing Information (the "Disclosing
Party") unless Client is a public entity and the release of
Information is required by law or legal process.
7.9.2 Prior to the start of construction on the Project,
the existence of discussions between the parties, the purpose
of this Agreement, and this Agreement shall be considered
Information subject to the confidentiality provisions of this
Agreement.
7.9.3 Notwithstanding anything to the contrary herein,
the Receiving Party shall have no obligation to preserve the
confidentiality of any Information which:
7.9.3.1 was previously known to the Receiving
Party free of any obligation to keep it confidential; or
7.9.3.2 is or becomes publicly available by other
than unauthorized disclosures; or
7.9.3.3 is independently developed by the
Receiving Party without a breach of this Agreement; or
7.9.3.4 is disclosed to third parties by the
Disclosing Party without restrictions; or
7.9.3.5 is received from a third party not subject to
any confidentiality obligations.
7.9.4 In the event that the Receiving Party is required
by law or legal process to disclose any of Information of the
Disclosing Party, the Receiving Party required to disclose such
Information shall provide the Disclosing Party with prompt oral
and written notice, unless notice is prohibited by law (in which
case such notice shall be provided as early as may be legally
permissible), of any such requirement so that the Disclosing
Party may seek a protective order or other appropriate remedy.
7.9.5 Notwithstanding anything to the contrary herein
(or to the contrary of any existing or future nondisclosure,
confidentiality or similar agreement between the parties), Olsson
is authorized, to use, display, reproduce, publish, transmit, and
distribute Information (including, but not limited to, videos and
Page 6 of 8 19-3868.01
photographs of the Project) on and in any and all formats and
media (including, but not limited to, Olsson's internet website)
throughout the world and in all languages in connection with or
in any manner relating to the marketing, advertising, selling,
qualifying, proposing, commercializing, and promotion of Olsson
and/or its services and business and in connection with any
other lawful purpose of Olsson. In the event of any conflict or
inconsistency between the provisions of this section and any
other prior or future nondisclosure, confidentiality or similar
agreement between the parties, the terms of this section shall
take precedence.
7.9.6 Nothing contained in this Agreement shall be
construed as altering any rights that the Disclosing Party has in
the Information exchanged with or disclosed to the Receiving
Party, and upon request, the Receiving Party will return all
Information received in tangible form to the Disclosing Party, or
at the Receiving Party's option, destroy all such Information. If
the Receiving Party exercises its option to destroy the
Information, the Receiving Party shall certify such destruction to
the Disclosing Party.
7.9.7 The parties acknowledge that disclosure or use
of Information in violation of this Agreement could cause
irreparable harm for which monetary damages may be difficult
to ascertain or constitute an inadequate remedy. Each party
therefore agrees that the Disclosing Party shall be entitled in
addition to its other rights to seek injunctive relief for any
violation of this Agreement.
7.9.8 The obligations of confidentiality set forth herein
shall survive termination of this Agreement but shall only remain
in effect for a period of one (1) year from the date the Information
is first disclosed.
7.10 Damage or Injury to Subterranean Structures or
Utilities, Hazardous Materials, Pollution and Contamination
7.10.1 To the extent that work pursuant to this
Agreement requires any sampling, boring, excavation, ditching
or other disruption of the soil or subsurface at the Site, Olsson
shall confer with Client prior to such activity and Client will be
responsible for identifying, locating and marking, as necessary,
any private subterranean structures or utilities and Olsson shall
be responsible for arranging investigation of public subterranean
structures or utilities through an appropriate utility one -call
provider. Thereafter, Olsson shall take all reasonable
precautions to avoid damage or injury to subterranean
structures or utilities which were identified by Client or the one -
call provider. Olsson shall not be responsible for any damage,
liability or costs, for any property damage, injury or economic
loss arising or allegedly arising from damages to subterranean
structures or utilities caused by subsurface penetrations in
locations approved by Client and/or the one call provider or not
correctly shown on any plans, drawings or utility clearance
provided to Olsson, except for damages caused by the
negligence of Olsson in the use of such information.
7.10.2 It is understood and agreed that any assistance
Olsson may provide Client in the disposal of waste materials
shall not result in Olsson being deemed as a generator,
arranger, transporter or disposer of hazardous materials or
hazardous waste as defined under any law or regulation. Title to
all samples and waste materials remains with Client, and at no
time shall Olsson take title to the above material. Client may
authorize Olsson to execute Hazardous Waste Manifest, Bill of
Lading or other forms as agent of Client. If Client requests
Olsson to execute such documents as its agent, the Hazardous
Waste Manifest, Bill of Lading or other similar documents shall
be completed in the name of the Client. Client agrees to
indemnify and hold Olsson harmless from any and all claims that
Olsson is a generator, arranger, transporter, or disposer of
hazardous waste as a result of any actions of Olsson, including,
but not limited to, Olsson signing a Hazardous Waste Manifest,
Bill of Lading or other form on behalf of Client.
7.10.3 At any time, Olsson can request in writing that
Client remove samples, cuttings and hazardous substances
generated by the Project(s) from the project site or other
location. Client shall promptly comply with such request, and
pay and be responsible for the removal and lawful disposal of
samples, cuttings and hazardous substances, unless other
arrangements are mutually agreed upon in writing.
7.10.4 Client shall release Olsson of any liability for,
and shall defend and indemnify Olsson against any and all
claims, liability and expense resulting from operations under this
Agreement on account of injury to, destruction of, or loss or
impairment of any property right in or to oil, gas, or other mineral
substance or water, if at the time of the act or omission causing
such injury, destruction, loss or impairment, said substance had
not been reduced to physical possession above the surface of
the earth, and for any loss or damage to any formation, strata,
reservoir beneath the surface of the earth.
7.10.5 Notwithstanding anything to the contrary
contained herein, it is understood and agreed by and between
Olsson and Client that the responsibility for pollution and
contamination shall be as follows:
7.10.5.1 Unless otherwise provided herein, Client
shall assume all responsibility for, including control and removal
of, and protect, defend and save harmless Olsson from and
against all claims, demands and causes of action of every kind
and character arising from pollution or contamination (including
naturally occurring radioactive material) which originates above
the surface of the land or water from spills of fuels, lubricants,
motor oils, pipe dope, paints, solvents, ballast, bilge and
garbage, except unavoidable pollution from reserve pits, wholly
in Olsson's possession and control and directly associated with
Olsson's equipment.
7.10.5.2 In the event a third party commits an act or
omission which results in pollution or contamination for which
either Olsson or Client, for whom such party is performing work,
is held to be legally liable, the responsibility therefore shall be
considered as between Olsson and Client, to be the same as if
the party for whom the work was performed had performed the
same and all of the obligations regarding defense, indemnity,
holding harmless and limitation of responsibility and liability, as
set forth herein, shall be specifically applied.
7.11 Controlling Law and Venue
The parties agree that this Agreement and any legal actions
concerning its validity, interpretation or performance shall be
governed by the laws of the State of Nebraska. It is further
agreed that any legal action between the parties arising out of
this Agreement or the performance of services shall be brought
in a court of competent jurisdiction in Nebraska.
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7.12 Subconsultants
Olsson may utilize as necessary in its discretion subconsultants
and other subcontractors. Olsson will be paid for all services
rendered by its subconsultants and other subconsultants as set
forth in this Agreement.
7.13 Assignment
7.13.1 Client and Olsson each are hereby bound and
the partners, successors, executors, administrators and legal
representatives of Client and Olsson (and to the extent
permitted by paragraph 7.13.2 the assigns of Client and Olsson)
are hereby bound to the other party to this Agreement and to the
partners, successors, executors, administrators and legal
representatives (and said assigns) of such other party, in
respect of all covenants, agreements and obligations of this
Agreement.
7.13.2 Neither Client nor Olsson shall assign, sublet or
transfer any rights under or interest in (including, but without
limitation, moneys that may become due or moneys that are
due) this Agreement without the written consent of the other,
except to the extent that any assignment, subletting or transfer
is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this
Agreement. Nothing contained in this paragraph shall prevent
Olsson from employing such subconsultants and other
subcontractors as Olsson may deem appropriate to assist in the
performance of services under this Agreement.
7.13.3 Nothing under this Agreement shall be
construed to give any rights or benefits in this Agreement to
anyone other than Client and Olsson, and all duties and
responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of Client and Olsson and not
for the benefit of any other party. There are no third -party
beneficiaries of this Agreement.
7.14 Indemnity
Olsson and Client mutually agree, to the fullest extent permitted
by law, to indemnify and hold each other harmless from any and
all damages, liabilities or costs, including reasonable attorneys'
fees and defense costs, relating to third party personal injury or
third party property damage and arising from their own negligent
acts, errors or omissions in the performance of their services
under this Agreement, but only to the extent that each party is
responsible for such damages, liabilities or costs on a
comparative basis of fault.
7.15 Limitation on Damages
7.15.1 Notwithstanding any other provision of this
Agreement, and to the fullest extent permitted by law, neither
party's individual employees, principals, officers or directors
shall be subject to personal liability or damages arising out of or
connected in any way to the Project(s) or to this Agreement.
7.15.2 Notwithstanding any other provision of this
Agreement, and to the fullest extent permitted by law, neither
Client nor Olsson, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any delay damages, any
punitive damages or any incidental, indirect or consequential
damages arising out of or connected in any way to the Project(s)
or to this Agreement. This mutual waiver of delay damages and
consequential damages shall include, but is not limited to,
disruptions, accelerations, inefficiencies, increased construction
costs, increased home office overhead, loss of use, loss of profit,
loss of business, loss of income, loss of reputation or any other
delay or consequential damages that either party may have
incurred from any cause of action including, but not limited to,
negligence, statutory violations, misrepresentation, fraud,
deceptive trade practices, breach of fiduciary duties, strict
liability, breach of contract and/or breach of strict or implied
warranty. Both the Client and Olsson shall require similar
waivers of consequential damages protecting all the entities or
persons named herein in all contracts and subcontracts with
others involved in the Project(s).
7.15.3 Notwithstanding any other provision of this
Agreement, Client agrees that, to the fullest extent permitted by
law, Olsson's total liability to the Client for any and all injuries,
claims, losses, expenses, damages, or claims expenses of any
kind arising from any services provided by or through Olsson
under this Agreement, shall not exceed the amount of Olsson's
fee earned under this Agreement. Client acknowledges that
such causes include, but are not limited to, negligence, statutory
violations, misrepresentation, fraud, deceptive trade practices,
breach of fiduciary duties, strict liability, breach of contract
and/or breach of strict or implied warranty. This limitation of
liability shall apply to all phases of Olsson's services performed
in connection with the Project(s), whether subsequent to or prior
to the execution of this Agreement.
7.16 Entire Agreement
This Agreement supersedes all prior communications,
understandings and agreements, whether oral or written.
Amendments to this Agreement must be in writing and signed
by the Client and Olsson.
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