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library.~ ASS~CI~TES INO, July 9, 2049 M~•. R.od Storm City of Blair, Nebraska 218 So. 16th Blair, NE f 8008 Subject: Vinton Building Col~version to Library Study Existing Library Addition Study New Library Study HGM Proposal No. 0009-144 Dear Rod: On behalf of HGM ASSOCIATES INC, (HGM) we are pleased to suvmt this letter fox•~~l agreen~eilt fo~• azchitectural and engineering services :for the referenced project. T11is agreen~ellt consists of this letter, the attached .Scope of Services labeled as Exhibit A alld the attached General Provisions labeled as Exhibit B. HGM will provide Basic Servlees 111Clllding preparlllg a Stlldy alld Prelillllllary Des~gll, 'these services are Vlore .specifically defined il~ the attached Scope of Services, Exhibit A, t~Ve wi]1 also provide .Additional Services upon your request and receipt of your written authorization. HGM will provide these Basic Services for a lump sum .amount of $25,000.00. Additional Services will be charged otl azl hourly basis in accol•dance with oiu• standard hourly rate schedule. Reilnbtlrsable expenses will be charged on the basis of actual cost. We will bill you 17lonthly for ollr selvices aid reimbursable expenses pl'oportlonate t0 the Work completed on file project. A11 fees are due and payable to HG1VI within 30 Clays of tlae ii~voce date. A selwice charge of oile and one-half percent per nlontll will be added to any amotu~ts outstanding after 3O days. 5022 5. 114TH STREET, SUITE 200, OMAHA, NEBRASKA 68137 (402) 346-7559, FAX (402)'346-0224 640 FIFTN AVENUE, RO: BOX 919, COUNCIh 6LUFFS, IOWA 51502 (712) 323-0530, FAX (742) 323-0779 MI'. rtO{1 St4rn1 City of Blair, Nebraska July ~, 2049 Page 2 of 2 Please Hate that any infoinlation to be provided by yogi as defined under Client's Respo>i~sibilities in the attached Scope of Services will need to be fui•~lislled to HGM prior to our begiili~i~lg work. Please indicate your acceptance of this agreement by signing where indicated below, and returning one original signed copy to this office, We sincerely appreciate the opportunity to work with you, Yours very ti uly, HGM ASSOCIATES INC. -CONSULTANT ~.~„~_,= Dean Fajen, P,E., A.LA. Project Manager Acceptance of Proposal: CITY OF GLAIR, NEBRASI~.A -CLIENT ~~a Date of Acceptaz e 11Sn•8kimn41rch1ContractslContracts~20091'ropasals\09/07109f31air Libr~iy Vinton Bldg Canl~ersimt (mmni),doc ~•I ~TI~ Ronald N. Telcippe, P.E. Vice President ~- 1~ ~~ <<~! I~L1. <_. ATRA[~1T1ON OF EXGEI,I.ENCE A COMMITMENT TO CREATIVE SOL.l1TIONS SCOPE OF SERVICES EXHIBIT A This is an exhibit attached to and made part of the letter agreement dated July 9, 2009 between: City of Blair, Nebraska (CLIENT) and HGM ASSOCIATES INC. (HGM) (CONSULTANT), Project Description: Vinton Building Conversion to Library Study The Basic Services to be provided by the CONSULTANT under this agreement are filrtller described as follows: 1. 1vIODIFY LIBRARY NEEDS STUDY A. IVleet with Library staff to review needs. B. Develop a program to provide a 14,500 square foot librat•y, scaled .down fi-on1 the previous 24,000 square foot study. 2. EVALUATE EXISTING VINTON BUILDING FOR LIBRARY USE OPTION A. Documetlt existing conditions. B, Evaluate existing structtual, mechanical, electrical and plumbing systems. C. Frepare Prelintinary floor plans to neorhorate the library into the Vinton Building, using both levels. D. Evaluate applicable codes. E, Evaluate Parking needs and access into tl1e Building fot• Library use. F. Prepare Prelintinary Opinion of Probable Construction Cost G. Review with City Staff and illearporate changes. 3. NEW LIBRARY OPTION A. Prepare a Preliminary Opinion of Probable Cost to collst~•uct a ne~v 14,500. square foot library including site development .costs gild parking. 4. ADDITION TO EXISTING LIBRARY A. Prepare a floor plan and a Prelintinary Opinion of Probable Cost to add an Addition to the existing Library to provide a total 14,500 square foot facility. B. Evaluate parking around the Library to accommodate the Library Addition. CLIENT'S RESPONSIBILITIES; In order for the CONSULTANT to perfortxa these services, t11e CLIENT agrees to filx'n1Sh the followi~lg nfonnatiorl; A, Access to site and tluougllout facility, B. Use of existing available drawings and record iatforzlxation. C, Contact person to coordinate the design, D. Program infort~latioil. ~~~~~} ~~Ill~ A TRAQITION OF EXGELI.ENC~ A COMMITMENT TO CREATIVE SOLUTIONS GENERAL PROVISIONS EXHIBIT B This is an exhibit attached to and made part of the letter agreement dated July 9, 2009 between: City of Blair, Nebraska (CLIENT) and HGM ASSOCIATES INC. (CONSULTANT). The General Provisions agreed to by CONSULTANT and CLIENT are as follows: O~vnersltin of Itnstruments of Setwice: All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by the CONSULTANT as instrwnents of service shall remain the property of the CONSULTANT. The CONSULTANT shall retain these records for a period of ten (10) years,, during which period they will be made available to the CLIENT at all reasonable times. CONSULTANT will pt•avide CLIENT ~~~ith a copy of the plans, the specifications, and laboratory test reports for information and reference in connection with the project; However, such documents are not intended or represented to be suitable for reuse by CLIENT or others. Any such reuse will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT or CONSULTANT'S subconsultants. CADD/Clectt•ouic files: In accepting, and utilising any drawings, reports and data on any form of electronic media generated by the CONSULTANT, the CLIENT agrees that all such electronic files are instruments of service. The CLIENT agrees to waive alt claims against the CONSULTANT resulting in any way froth any unautltorized changes to, or reuse of, the electronic tiles for any projects by anyone other than. the CONSULTANT. Gt the event of a conflict behveen printed hard copy documents signed and sealed by the CONSULTANT and electronic files, the hard copy documents shall govern. Termination of Atxreetnent: This agreement or any portion thereof, tray be terminated by either party upon 7 days written notice to the other party. In event such Notice of Termination shalt be given, the pay-t~ent for General Consulting Engineering Services for work performed prior to the date of termination shall be determined by multiplying pay~•oll cost times 2.30 Plan Revisions: If, after any plans or specifications are completed on any portion thereof, and are approved by the CLIENT and other necessary agencies, the CONSULTANT is required to change plans and specitcations because of changes trade, authorized, or a•dered by the CLIENT, then the CONSULTAN'T' shall receive additional compensation for such changes. Fees for these changes will be computed on an hourly Uasis. Ittfot'mation I+urnished by C[,IENT: CLIENT shall be responsible for, and CONSULTANT tray rely upon, the accuracy and completeness of all rec~uiremetits, programs, instructions, reports, :data and other information furnished. by CLIENT to CONSULTANT pursuant to this Agreement. CONSULTAN'T' tray ttse such reduit•cmettts, programs, instructions, repa-ts, data, and information in performing or furnishing services under this Agreemen#. Successors and Assi ns: Both parties agree that, upon execution of this agreement, same shall be binding upon therlits successors, assigns, and legal representatives until terminated by the expiration of agreement ar termination by tivritten notice, as provided above. I,itnitatiatt of Liability: The CLIENT agrees to limit the CONSULTANT'S .liability to all 1}arties on the project due to the CONSULTANT'S negligent professional acts, errors ot• omissions, such that the total aggregate liability of the CONSULTANT shall not exceed ~so,ooa.oo• O ~itl ti0tt of Probable Construction Cost: Qpinions of pral~able construction costs ntld detailed .cost estimates prepared by the CONSULTANT represent his/her best judgment as a design professional familiar tivith the construction industry, It is recognized, however, that the CONSULTANT has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices or over competitive bidding or market conditions. Accordingly, the CONSULTANT makes no warranty, express or implied, that the bids or the negotiated cost of the work will not vary froth the Consultant's opinion ofprabable construction cost. Contractor's '1Vork: That the CONSULTANT shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and the CONSULTANT' shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract laocutncnts. ;Tobsite Safety: That the General Contractor shall be solely responsible for jobsite safety, and that this intent shall be carried out in the client's contract tivith the General Contractor, and that such contract shall indemnify the .CONSULTANT. The,CONSULTANT, and his agents, shall be named as an additional insured on the General Contractor's policies of general liability insurance. Constrnetion Stah;in~: That the Fees the CONSULTANT receives for the task of construction staking are hat commensurate with the potential risk.. CLIENT, therefore, agrees to check or require General Contractor to check the location of alt construction stakes placed by the CONSULTANT, CLIENT further agrees to limk liability of CONSULTANT fot• construction staking services such that the'tota] liability of the CONSULTANT shall not exceed the Consultant's fees. for the. particular service, or 55,000.00, whichever is greater. Hazardous 11~taterials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, .mold or hazardous or toxic materials. Should. it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite, the CONSULTANT may, without liability for any damages, suspend performance under this .agreement, until CLIENT takes appropriate action to remove or ovate said materials. The CLIENT further agrees, notwithstanding any othet• provision of this Agreement, to the fullest extent permitted by law, to indemnify and Hold harmless the CONSULTANT, its officers,. partners, employees and subconsultants (collectively, CONSULTANT) from and ,:against any and all claims, suits, demands, liabilities, losses,. damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to theProject site, whether liability arises under breach of contract or warranty, tart, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or wilifitl misconduct ofthe CONSULTANT. 11~1eciiation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. } ~ (' 11 11 >zG~•o~oA~o I~~~~.171 ~~~~ _l _. _ ~'~ ATRAt71TION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS RATE RANGE SCHEDULE EFFECTIVE 12/16/08 ~ 12115/09 Principal Engineer $1 S 0.00 - 192.00 /hour Sr. Project Engineer/Project Matlager 100.00 - 150.00 IhOtll' Sr, Pt'Oject ArC111teCt/Pl•Oject Manager 97.00 - IS0.00 Iholir Structural Engineer 68.00 - 145.00 /hour Project E~Igineer 84.00 - 102.00 /hour Project Architect 65.00 - 107.00 /hour Senior Design Engineer 75.00 - 10.0.00 /hour Deign Engineer G2.00 - 85,00 /hour Land Surveyor 73..00 - 142,00 /hour Technician 45.00 - 90.00 /hour 1-Man. Survey Crew with GPS Unit * 128.00 - 142,00 /hour 2-Man Survey Clew * 103.00 - 205,00 /hour 2-Man Survey Crew with GPS Unit '~ 158,00 - 200.00 /hour 3-Man Survey Crew * 145.00 - 252.00 /hour 3-Man Survey Crew wltl~ GPS Urllt ~ 200,40 - 307,00 /hotu• Administr•atrve ASS1Starlt 35.00 - 63.00 /liottr ~~ g _ l ~~t ~~~1~ ATRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS