2017 South Trunk Sewer Extension Study-Gonzalez. ,9onzaez
Gonzalez Companies, LLC
Construction Management — Civil Engineering
220 North 89'x' Street, Ste. 102
Omaha, NE 68114
402-614-4468 Fax: 402-614-4878
www:gonzalezcos.com.
AGREEMENT FOR PROFESSIONAL SERVICES
TO CITY OF BLAIR DATE October 16, 2017
ATTN: ALLEN SCHOEMAKER
DIRECTOR OF PUBLIC WORKS
218 SOUTH 16TH STREET
BLAIR, NE 68008
PROJECT 2017 SOUTH TRUNK SEWER EXTENSION STUDY
PROJECT NO. 17-306
DEPARTMENT Design Engineering
PROJECT TYPE Wastewater
SECTION 1 DEFINITIONS AND PARTIES
This is an AGREEMENT between GONZALEZ COMPANIES, LLC, hereinafter
referred to as the ENGINEER, and the CITY OF BLAIR hereinafter referred to as the CLIENT.
The CLIENT proposes to engage the ENGINEER to furnish certain professional services
in connection with the SOUTH TRUNK SEWER EXTENSION STUDY, which work is
hereinafter referred to as the PROJECT.
SECTION 2 SCOPE OF SERVICES
BACKGROUND
The City of Blair has requested Professional Engineering firms to submit a proposal to perform a
sanitary trunk sewer study for the southern portion of the City of Blair. Due to the widening of
Highway 133, this region has become an area of interest for development, and does not currently
have sanitary sewer service. This study would allow the City of Blair to explore their options for
meeting the development needs with a new trunk line sewer. It will also be used as a tool to
conduct discussions with land developers.
The scope of the work will include reviewing the drainage area and determining the expected
hydraulic load from future development. The scope also includes providing the best routing
options for the trunk sewer, location for the lift stations, and connection points to this existing
sewer system. Determination regarding impacts to the existing main along with
recommendations for additional capacity (if needed) are also desired. Necessary trunk sewer
materials will be recommended and maps will be developed showing potential routing, property
owner information, and easements. The City will be provided with cost estimates of the trunk
sewer option(s).
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SOUTH TRUNK SEWER EXTENSION STUDY
TASK 1 SANITARY SEWER STUDY
1. Meet with the City Staff to Gather Information
This task will include a Kickoff Meeting to review the project scope, project schedule, and
obtain information for developing the Sanitary Sewer trunk main location. The necessary
information will be:
• A complete copy of the City's GIS system on an external drive
• A copy of the city's comprehensive plan
2. Sanitary Sewer Study
60% Me"In
The Gonzalez team will review and evaluate the existing sanitary sewer to which the new trunk
line will connect. After reviewing and evaluating the existing data and the comprehensive plan,
Gonzalez will conduct an analysis based on the Land Use provided in the comprehensive plan
and potential full buildout flows.
After analysis, Gonzalez will then provide recommended option(s) for the location of the trunk
sewer extension and the anticipated lift stations to service the area. Gonzalez will also provide a
preliminary cost estimate for all alternatives. Taking into consideration the expected hydraulic
load from future development. These locations will be shown on aerial maps.
Final Draft Meeting
After the "best location" has been established, Gonzalez will perform additional analysis to
determine the connection locations and the hydraulic impact on the existing system, determining
if additional capacity will be needed. If additional capacity is needed recommendations will be
provided.
Gonzalez will also provide recommendations for best materials for construction of trunk line
extension.
• Gonzalez will develop the following:
• Map that shows locations of the sewer trunk, connection points and lift stations
Map that shows the anticipated easements that include size location and property
owner information
• Cost estimate with items and unit cost
Anticipated permits for construction:
• 404 (wetland impacts, migratory bird study)
NDOR permit to occupy
• NPDES
• NDEQ
Final Delivery will include six (6) copies of the report to the City of Blair
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SERVICES AGREEMENT
SOUTH TRUNK SEWER EXTENSION STUDY
GENERAL ASSUMPTIONS AND CLARIFICATIONS
1. This proposal does not include assistance for the negotiation or acquisition of property or
easements.
SECTION 3 ESTIMATED TIME FOR PERFORMANCE
ESTIMATED DELIVERABLES SCHEDULE
• South Trunk Sewer Extension Study.......................................120 calendar days from NTP
SECTION 4 COMPENSATION
The ENGINEER agrees to perform the task 1 within SECTION 2 SCOPE OF
SERVICES for a LUMP SUM fee of Fifteen Thousand, Eight Hundred and Ten dollars (15,810
USD) unless scope changes occur. CLIENT will be billed based on a composite of percent
complete with SECTION 2 SCOPE OF SERVICES. The ENGINEER may submit invoices as
frequently as monthly.
South Trunk Sewer Extension Study ,........ ......... ...... ...,.. ,.,,,..............,.,.... ,..,... _ .........$15,810
The ENGINEER will use the address listed below for receiving payments from the
CLIENT.
Gonzalez Companies, LLC
Attn: Accounting, #16-301
1750 S. Brentwood Blvd, Suite 700
Saint Louis, MO 63144
The CLIENT will use the address listed below for receiving invoices from the
ENGINEER.
City Of Blair
Allen Schoemaker
Director of Public Works
218 South 16" Street
Blair, NE 68008
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SECTION 5 TERMS AND CONDITIONS
1, STANDARD OF PERFORMANCE
The standard of care for all professional engineering, consulting and
related services performed or furnished by ENGINEER and its
employees under this Agreement will be the care and skill ordinarily
used by members of ENGINEER's profession practicing under the
same or similar circumstances at the same time and in the same locality,
ENGINEER makes no warranties, express or implied, under this
Agreement or otherwise, in connection with ENGINEER's services.
INSURANCE
ENGINEER agrees to procure and maintain, at its expense, Workers'
Compensation insurance as required by statute; Employer's Liability of
$250,000; Automobile Liability insurance of $1,000,000 combined
single limit forbodily injury and property damage covering all vehicles,
including hired vehicles, owned and non -owned vehicles; Commercial
General Liability insurance of $500,000 per claim for protection against
claims arising out of the performance of services under this Agreement
caused by negligent acts, errors, or omissions for which ENGINEER is
legally liable, Upon request, CLIENT/OWNER shall be made an
additional insured on Commercial General and Automobile Liability
insurance policies and certificates of insurance will be furnished to the
CLIENT/OWNER, ENGINEER agrees to indemnify
CLIENTIOWNER for the claims covered by ENGINEER's insurance.
OPINIONS OF PROBABLE COST (COST ESTIMATES)
Any opinions of probably project cost or probable construction cost
provided by ENGINEER are made on the basis of information available
to ENGINEER and on the basis of ENGINEER's experience and
qualifications, and represents its judgment as an experienced and
qualified professional. However, since ENGINEER has no control
over the cost of labor, materials, equipment or services furnished by
others, or over the contract(s') methods of determining prices, or over
competitive bidding or market conditions, ENGINEER does not
guarantee that proposals, bids or actual project or construction cost will
not vary from opinions of probable cost ENGINEER prepares,
CONSTRUCTION PROCEDURES
ENGINEER's observation or monitoring portions of the work
performed under construction contracts shall not relieve the contractor
from its responsibility for performing work in accordance with
applicable contract documents. ENGINEER shall not control or have
charge of, and shall not be responsible for, construction means,
methods, techniques, sequences, procedures of construction, health or
safety programs or precautions connected with the work and shall not
manage, supervise, control or have charge of construction.
ENGINEER shall not be responsible for the acts or omissions of the
contractor or other parties on the project., ENGINEER shall be entitled
to review all construction contract documents and to require that no
provisions extend the duties or liabilities of ENGINEER beyond those
set forth in tris Agreement. CLIENT/OWNER agrees to include
ENGINEER as an indemnified party in CLIENT/OWNER's
construction contracts for the work, which shall protect ENGINEER to
the same degree as CLIENTIOWNER. Further, CLIENT/OWNER
agrees that ENGINEER shall be listed as an additional insured under
the construction contractor's liability insurance policies.
S. CONTROLLING LAW
This Agreement is to be governed by the law of the state of Missouri or
if agreed in writing with CLIENT/CLIENT/OWNER where
ENGINEER'S services are performed.
SERVICES AND INFORMATION
CLIENT/OWNER will provide all criteria and information pertaining
to CLIENTIOWNER's requirements for the project, including design
objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary
limitations, CLIENT/OWNER will also provide copies of any
CLIENT/OWNER-furnished Standard Details, Standard
Specifications, or Standard Bidding Documents which are to be
incorporated into the project. CLIENT/OWNER will furnish the
services of soils/geotechnical engineers or other consultants that
include reports and appropriate professional recommendations when
such services are deemed necessary by ENGINEER. The
CLIENT/OWNER agrees to bear fill responsibility for the technical
accuracy and content of CLIENT/OWNER-furnished documents and
services,
SOUTH TRUNK SEWER EXTENSION STUDY
In performing professional engineering, construction management, and
related services hereunder, it is understood by CLIENT/OWNER that
ENGINEER is not engaged in rendering any type of legal, insurance or
accounting services, opinions or advice. Further, it is the
CLIENT/OWNER's sole responsibility to obtain the advice of an
attorney, insurance counselor or accountant to protect the
CLIENT/OWNER's legal and financial interests. To that end, the
CLIENT/OWNER agrees that CLIENT/OWNER or the
CLIENT/OWNER's representative will examine all studies, reports,
sketches, drawings, specifications, proposals and other documents,
opinions or advice prepared or provided by ENGINEER, and will
obtain the advice of an attorney, insurance counselor or other consultant
as the CLIENT/OWNER deems necessary to protect the
CLIENT/OWNER'S interests before CLIENT/OWNER takes action or
forebears to take action based upon or relying upon the services
provided by ENGINEER,
1. SUCCESSORS AND ASSIGNS
CLIENT/OWNER and ENGINEER, respectively, bind themselves,
their partners, successors, assigns, and legal representatives to the
covenants of this Agreement, Neither CLIENT/OWNER nor
ENGINEER will assign, sublet, or transfer and interest in this
Agreement or claims arising therefrom without the written consent of
the other,
RE -USE OF DOCUMENTS
All documents, including all reports, drawings, specifications,
computer software or other items prepared or furnished by ENGINEER
pursuant to this Agreement, are instruments of service with respect to
the project. ENGINEER retains ownership of all such documents,
CLIENT/OWNER may retain copies of the documents for its
information and reference in connection with the project; however,
none of the documents are intended or represented to be suitable for
reuse by CLIENT/OWNER or others on extensions of the project or on
any other project. Any reuse without written verification or adaptation
by ENGINEER for the specific purpose intended will be at
CLIENT/OWNER's sole risk and without liability or legal exposure to
ENGINEER, and CLIENTIOWNER will define, indemnify and hold
harmless ENGINEER from all claims, damages, losses and expenses,
including attorney's fees, arising or resulting therefrom, Any such
verification or adaptation will entitle ENGINEER to father
compensation at rates to be agreed upon by CLIENT/OWNER and
ENGINEER.
TERMINATION OF AGREEMENT
CLIENTIOWNER or ENGINEER may terminale the Agreement, in
whole or in part, by giving no less than ten (10) business days written
notice, if the other party substantially fails to fulfill its obligations under
the Agreement through no fault of the terminating party, Wlrere the
method of payment is "lmnp sum," time & material, or cost
reimbursement, the final invoice will include all services and expenses
associated with the project up to the effective date of termination plus
a fifteenpercent fee mark-up for the final invoice amount, An equitable
adjustment shall also be made to provide for termination settlement
costs ENGINEER incurs as a result of commitments that had become
agreed upon before termination, and for a reasonable profit for services
performed,
10. SEVERABILITY
Ifany provision o£tbis agreement is held invalid or unenforceable, the
remaining provisions shall be valid and binding upon the parties. One
or more waivers by either party of any provision, term or condition shall
not be construed by the other party as a waiver of any subsequent breach
of the same provision, term or condition.
11, INVOICES
ENGINEER will submit invoices for services rendered and
CLIENT/OWNER will make prompt payments in response to
ENGINEER's invoices, ENGINEER will retain receipts for
reimbursable expenses in general accordance with rules pertaining to
the support of expenditures for income tax purposes. Receipts will be
available for inspection by CLIENT/O WNER's auditors upon request,
If CLIENT/OWNER disputes any items in ENGINEER's invoice for
any reason, including the lack of supporting documentation,
CLIENT/OWNER may temporarily delete the disputed item and pay
the remaining amount of the invoice, so as not to ]told payment,
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CLIENT/OWNER will promptly notify ENGINEER of the dispute and
request clarification and/or correction. After any dispute has been
settled, ENGINEER will include the disputed item on a subsequent,
regularly scheduled invoice, or on a special invoice for the disputed
item only.
CLIENT/OWNER recognizes that late payment of invoices results in
extra expenses for ENGINEER; ENGINEER retains the right to assess
CLIENT/OWNER interest at the rate of one percent (1%) per month,
but not to exceed the maximum rate allowed by law, on invoices which
are not paid within thirty (30) calendar days from the date of the
invoice, In the event undisputed portions of ENGINEER's invoices are
not paid when due, ENGINEER also reserves the right, after seven (7)
business days prior written notice, to suspend the performance of its
services until all past due amounts have been paid in full. 16.
12. CHANGES
The parties agree that no change or modification to the Agreement, or
Task Order, or any attachments hereto, shall have any force or effect
unless the change is reduced to writing, dated, and made part of the
Task Order. The execution ofthe change shall be authorized and signed
in the same manner as this Agreement. Adjustments in the period of
services and in compensation shall be in accordance with applicable
paragraphs and sections of the Task Order. Any proposed fees by
ENGINEER are estimates to perform the services required to complete
the project as ENGINEER understands it to be defined, For those
projects involving conceptual or process development services,
activities often are not fully definable in the time of performance and
compensation scope and adjustments to the time of performance and
compensation can be made as required. If such change, additional
services, or suspension of services results in an increase or decrease in
the cost of or time required for performance of the services, and
equitable adjustment shall be made, and the Task Order modified
accordingly.
13, CONTROLLING AGREEMENT
These Terms and Conditions shall take precedence over any
inconsistent or contradictory provisions contained in any proposal,
contract, purchase order, requisition, notice -to -proceed, or like
document or Task Order,.
14, EQUAL EMPLOYMENT AND NONDISCRIMINA'T'ION
In connection with the services under the Agreement, ENGINEER
agrees to comply with the applicable provisions of federal and state
Equal Employment Opportunity, and other employment, statutes and
regulatiorm
15, HAZARDOUS MATERIALS
CLIENT/OWNER represents to ENGINEER that, to the best of its
knowledge, no hazardous materials are present at the project site.
However, in the even hazardous materials are known to be present,
CLIENT/OWNER represents that to the best of its knowledge it has
disclosed to ENGINEER the existence of all such hazardous materials,
including but not limited to asbestos, PCB's, petroleum, hazardous
waste, or radioactive material located at or near the project site,
including type, quantity and location ofsucb hazardous materials, It is
acknowledged by both parties that ENGINEER's scope of services do
not include services related in any way to encounters undisclosed
hazardous materials, ENGINEER shall have the obligation to notify
CLIENT/OWNER and, to the extent required by law or regulation, the
appropriate governmental officials, and ENGINEER may, at its option
and without liability for delay, consequential or any other damages to
CLIENT/OWNER, suspend performance of services on that portion of
the project affected by hazardous materials until CLIENT/OWNER: (i)
retains appropriate specialist consultant(s) or contractor(s) to identify
and, as appropriate, abate, remediate, or remove the hazardous
materials; and (ii) warrants that the project site is in full compliance
with all applicable laws and regulations,
CLIENT/OWNER acknowledges that ENGINEER is performing
professional services for CLIENT/OWNER and that ENGINEER is not
and shall not be required to become an "arranger," "operator,"
"generator," or "transporter' of hazardous materials, as defined in the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1990 (CERCLA), which are or may be encountered at or near
the project site in connection with ENGINEER's services under this
Task Order. If ENGINEER's services hereunder cannot be performed
because of the existence of hazardous materials, ENGINEER shall be
entitled to terminate this Task Order for cause on 30 calendar days
written notice. To the fullest extent permitted by law,
SOUTH TRUNK SEWER EXTENSION STUDY
CLIENT/OWNER shall indemnify and hold harmless ENGINEER, its
officers, directors, partners, employees, and subconsttltants from and
against all costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other
professionals, and all court or arbitration or other dispute resolution
costs) caused by, arising out of or resulting from hazardous materials,
provided that (i) any such cost, loss, or damage is attributable to bodily
injury, sickness, disease, or death, or injury to or destruction of tangible
property (other than completed Work), including the loss of use
resulting there from, and (ii) nothing in this paragraph shall obligate
CLIENT/OWNER to indemnify any individual or entity from and
against the consequences of that individual's or entity's sole negligence
or willful misconduct,
EXECUTION
This Agreement and subsequent changes, including the exhibits and
schedules made part hereof, constitute the entire agreement between
ENGINEER and CLIENT/OWNER, supersedes and controls over all
prior written or oral understandings. This agreement may be amended,
supplemented or modified only by a written instrument duly executed
by the parties,
LIMITATION OF LIABILITY
ENGINEER's and its employees' total liability to CLIENT/OWNER
for any loss or damage, including but not limited to special and
consequential damages arising out of or in connection with the
performance of services or any other cause, including ENGINEER's
and its employees' professional negligent acts, errors, or omissions,
shall not exceed the lesser of $5,000 or the total compensation received
by ENGINEER hereunder, and CLIENT/OWNER hereby releases and
holds harmless ENGINEER and its employees from any liability above
such amount,
t8. LITIGATION SUPPORT
In the event ENGINEER is required to respond to a subpoena,
government inquiry or other legal process related to the services in
connection with a legal or dispute resolution proceeding to which
ENGINEER is not a party, CLIENT/OWNER shall reimburse
ENGINEER for reasonable costs in responding and compensate
ENGINEER at its then standard rates for reasonable time incurred in
gathering information and documents and attending depositions,
hearings, and trial,
19, UTILITY LOCATION
If underground sampling/testing is to be performed, a utility locating
service shall be contracted to make arrangements for all utilities to
determine the location of underground utilities, In addition,
CLIENTIOWNER shall notify ENGINEER of the presence and
location of any underground utilities located on the
CLIENT/OWNER'S property which are not Ore responsibility of other
private/public utilities, ENGINEER shall take reasonable precautions
to avoid damaging underground utilities that are properly marked, The
CLIENT/OWNER agrees to waive any claim against ENGINEER and
will indemnify and hold ENGINEER harmless from any claim of
liability, injury or loss caused by or allegedly caused by ENGINEER's
damaging of underground utilities that are not properly marked or are
not called to ENGINEER's attention prior to beginning the
underground samplinghesting,
20, ESCALATION
Annual rale escalation of 6% effective January 1, 2015,,
21. PREPAYMENT
Upon acceptance of this Agreement by the CLIENT/OWNER, a
payment of 6% of the total fee may be required to initialize the project
and may be exercised by ENGINEER at any time.
22, JOB CANCELLATION FOR CONVENIENCE FEE
Because of potentially significant revenues from outer projects forgone
by the ENGINEER to take this project, if the project is cancelled by the
CLIENT/OWNER, a cancellation fee of 10% of contract will be
immediately due and payable for project's current billings, work -in -
progress, and reimbursable expenses.
23. PROJECT RESTART FEE
Because of substantial cost incurred by the ENGINEER to stop and
restart a project once it is underway, should this project's progress be
halted at any time for thirty (30) or more calendar days by the
CLIENT/OWNER, for any reason, a project restart fee of 10% of the
total conhar(fec to date will be due and payable immediately.
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24, LATE PENALTY SCHEDULE
All invoices not paid promptly will be subject to the following late
payment penalty: 30 to 59 calendar days overdue, $650; 60 to 89
calendar days overdue, $850; 90 to 120 calendar days overdue, $1250;
in addition to the interest charges as outlined in term and condition 11.
25. LIMITATION OF DESIGN ALTERNATIVES
The ENGINEER will limit the number of design alternatives provided
under this contract to three, upon which time the design will be
considered complete.
SOUTH TRUNK SEWER EXTENSION STUDY
26. GRAPHICS CONTROL
Because of its standing as a professional design firm, the ENGINEER
has complete control over graphic content and presentation of all
studies, reports, and all other documents produced_ under this
agreement.
27. HIGHER FEES PAID FOR CHANGES
Any changes requested by the CLIENTIOWNER to the scope of
services provided under this agreement after acceptance of 25%
completion will be billed at 1.15 times billing rates,
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SECTION 6 ACCEPTANCE
The parties hereto agree as set forth in the preceding pages numbered 1 - 7 inclusive.
This proposal is valid for thirty (30) calendar days. If this AGREEMENT meets your approval,
please sign where noted below and return one (1) copy to our offices. We will treat this as notice
to proceed unless instructed otherwise.
This AGREEMENT effective this 31 day of 0 (. r , 2017.
Managing Principal
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CITY OF BLAIR
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