2011-17RESOLUTION NO. 2011 - 17
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair, Nebraska wishes to enter into an Engineering Agreement
with HGM Associates for the design of the sanitary sewer improvements on College Drive
from 24 Street to 27 Street, and
WHEREAS, this work will be paid for through the State Revolving Loan (SRF) which
the closed on in March 2011, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska
and HGM Associates which has been presented to the City Council, is hereby accepted and
adopted by the City of Blair, Nebraska. Said Agreement is attached hereto as Exhibit A and is
fully incorporated herein by reference
BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair,
Nebraska are hereby authorized and directed to execute said Agreement on behalf of the
municipality.
COUNCIL MEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, JENSEN,
RYAN, CHRISTIANSEN, WOLFF AND HALL VOTING "AYE ", AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND ADOPTED THIS 24TH DAY OF MAY, 2011.
CITY OF BLAIR, NEBRASKA
B kA,
'W's E. REALPH, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was
passed and adopted at a regular meeting of the Mayor and City Council of said city held on the
24th day of May, 2011.
BRENDA R. WHEELER, CITY CLERK
1960 hCm 2010
ASSOCIATES INC.
Celebrating 50 Years of Service
May 10, 2011
Mr. Allen Schoemaker
City of Blair
218 S. 16 Street
Blair, NE 68008
Subject: City of Blair
College Drive Sanitary Sewer Replacement
HGM Proposal No. 000711 -060
Dear Mr. Schoemaker:
On behalf of HGM ASSOCIATES INC. (HGM) we are pleased to submit this letter form agreement
for engineering and surveying services for the referenced project. This agreement consists of this
letter, the attached Scope of Services labeled as Exhibit A, the attached General Provisions labeled as
Exhibit B, and a man -hours and fee breakdown labeled as Exhibit C.
HGM will provide Basic Services including Surveying, Preliminary Design, Final Design Documents,
and assistance during Bidding. These services are more specifically defined in the attached Scope of
Services, Exhibit A. We will also provide Additional Services upon your request and receipt of your
written authorization.
HGM will provide these Basic Services on an hourly basis with our total cost estimate not to exceed
$38,510.00. Additional Services will be charged on an hourly basis in accordance with our standard
hourly rate schedule. Reimbursable expenses for the televising of the existing sanitary sewer will be
charged on the basis of actual cost and are estimated to be $2,100 in addition to the cost for Basic
Services defined above.
We will bill you monthly for our services and reimbursable expenses proportionate to the work
completed on the project. All fees are due and payable to HGM within 30 days of the invoice date. A
service charge of one and one -half percent per month will be added to any amounts outstanding after
30 days.
5022 S. 114TH STREET, SUITE 200, OMAHA, NEBRASKA 68137 (402) 346 -7559, FAX (402) 346 -0224
640 FIFTH AVENUE, P.O. BOX 919, COUNCIL BLUFFS, IOWA 51502 (712) 323 -0530, FAX (712) 323 -0779
City of Blair
May 10, 2011
Page 2 of 2
We anticipate that we will be able to begin work on this project within 5 working days of receiving
your authorization to proceed in the form of your acceptance of this agreement. We estimate that all
work can then be completed within 150 days of your authorization to proceed. If at any time we are
delayed in the performance of these services, we will notify you immediately. Please note that any
information to be provided by you as defined under Client's Responsibilities in the attached Scope of
Services will need to be furnished to HGM prior to our beginning 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 truly,
HGM ASSOCIATES INC. - CONSULTANT
Ronald N. Tekippe, PE
Vice President
Acceptance of Proposal:
CITY OF BLAIR - CLIENT
rized Signature
-�� I A011-H 6Z
Printed Name & Title
N\ ckq Zy zo i i
Date of Ac ptance
hiqm
i -
ATRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
SCOPE OF SERVICES
EXHIBIT A
This is an exhibit attached to and made part of the letter agreement dated May 10, 2011 between:
CITY OF BLAIR (CLIENT) and HGM ASSOCIATES INC. (CONSULTANT).
Project Description: City of Blair
College Drive Sanitary Sewer Replacement
• Develop Construction Plans for sanitary sewer replacement from 27 St to 23 St.
• New sanitary sewer will be 10 inch diameter.
• Existing 8 inch sanitary sewer to be abandoned.
• Sanitary sewer is anticipated to be bored from approximately 24 Ave to the east side of the
box culvert.
• New sewer to be constructed north of College Dr. curb line.
• Project to be funded by State Revolving Funds
The Basic Services to be provided by the CONSULTANT under this agreement are further described
as follows:
1. SURVEYING
A. Provide topographic survey of College Dr. between 27 and 23 Streets.
B. Locate and survey property pins.
C. Research existing ROW for properties on North side of College Dr. between 26 Ave and 24
Ave.
2. MANAGEMENT WORK ITEMS
A. Attend two Progress Meetings with City of Blair.
B. Coordinate with Geotechnical Engineer and Utilities Service Group for televising existing
sewer.
C. Field Investigation of Project Site (Preliminary and Final).
3. UTILITY COORDINATION
A. Contact all Utility Companies to obtain information on utilities within the project area.
B. Provide topographic and construction drawings to Utility Companies for review.
C. Meet with Utility Companies to discuss proposed construction, potential utility conflicts and
coordinate any utility relocations.
4. PERMIT APPLICATIONS
A. Prepare and submit Wastewater Construction Permit Application, Construction Drawings and
Specifications to NE Department of Environmental Quality.
B. Develop and submit Sanitary Flow Calculations as required by NE Department of
Environmental Quality.
5. FINAL ENGINEERING DESIGN
A. Develop Plan & Profile drawings of Sanitary Sewer.
B. Develop removal and construction plans.
C. Develop Sanitary Sewer and associated construction details.
D. Calculate quantities and develop Opinion of Probable Cost for the construction of proposed
improvements. Im
E. Prepare Specifications for constru
ATRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
6. BID PERIOD
A. Notify potential contractors and construction plan clearing houses.
B. Provide Final Documents for Bidders.
C. Maintain plan holders list.
D. Answer contractor /supplier questions.
E. Issue clarifications and addendums, as necessary
F. Attend Bid Letting
G. Check and Tabulate bids. Distribute Bid Tab.
H. Prepare letter of recommendation.
7. CONSTRUCTION PHASE SERVICES (To be provided upon Client Request)
A. Provide full -time construction inspection.
B. Prepare Weekly Progress Reports.
C. Provide construction staking.
D. Coordinate & Review Contractor Payment Requests.
E. Coordinate Materials Testing.
F. Answer questions and prepare change orders.
G. Attend final inspection and prepare a punch list.
H. Prepare As -Built Drawings.
CLIENT'S RESPONSIBILITIES:
In order for the CONSULTANT to perform these services, the CLIENT agrees to furnish the following
information:
A. Current City of Blair GIS Information (Previously Supplied)
B. Provide assistance with property owner notification
C. Provide assistance with property line locations (if needed)
Rev 060223
hc
,am -
ATRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
GENERAL PROVISIONS EXHIBIT B
This is an exhibit attached to and made part of the letter agreement dated May 10, 2011 between: CITY OF BLAIR
(CLIENT) and HGM ASSOCIATES INC. (CONSULTANT). The General Provisions agreed to by CONSULTANT and
CLIENT are as follows:
Ownership of Instruments of Service: All reports, plans, specifications, field data, field notes, laboratory test data, calculations,
estimates, and other documents prepared by the CONSULTANT as instruments 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 provide CLIENT with 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 /Electronic Files: In accepting, and utilizing 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 all claims
against the CONSULTANT resulting in any way from any unauthorized changes to, or reuse of, the electronic files for any projects by
anyone other than the CONSULTANT. In the event of a conflict between printed hard copy documents signed and sealed by the
CONSULTANT and electronic files, the hard copy documents shall govern.
Termination of Agreement: This agreement or any portion thereof, may be terminated by either party upon 7 days written notice to the
other party. In event such Notice of Termination shall be given, the payment for General Consulting Engineering Services for work
performed prior to the date of termination shall be determined by multiplying payroll 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 specifications because of changes made, authorized, or ordered
by the CLIENT, then the CONSULTANT shall receive additional compensation for such changes. Fees for these changes will be
computed on an hourly basis.
Information Furnished by CLIENT: CLIENT shall be responsible for, and CONSULTANT may rely upon, the accuracy and
completeness of all requirements, programs, instructions, reports, data and other information furnished by CLIENT to CONSULTANT
pursuant to this Agreement. CONSULTANT may use such requirements, programs, instructions, reports, data, and information in
performing or furnishing services under this Agreement.
Successors and Assigns: Both parties agree that, upon execution of this agreement, same shall be binding upon their /its successors,
assigns, and legal representatives until terminated by the expiration of agreement or termination by written notice, as provided above.
Limitation of Liability: The CLIENT agrees to limit the CONSULTANT'S liability to all parties on the project due to the
CONSULTANT'S negligent professional acts, errors or omissions, such that the total aggregate liability of the CONSULTANT shall not
exceed $50,000.00.
Opinion of Probable Construction Cost: Opinions of probable construction costs and detailed cost estimates prepared by the
CONSULTANT represent his /her best judgment as a design professional familiar with 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 from the Consultant's opinion of probable construction cost.
Contractor's Work: 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 Documents.
Jobsite 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 with 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.
Construction Staking: That the Fees the CONSULTANT receives for the task of construction staking are not commensurate with the
potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed
by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total
liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service, or $5,000.00, whichever is greater.
Hazardous Materials: 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 abate said materials. The CLIENT further agrees,
notwithstanding any other 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 the Project site, whether liability arises under breach of
contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole
negligence or willful misconduct of the CONSULTANT.
Mediation: Any claims or disputes under this agreement shall be submitted to non - binding mediation.
Rev 090122
ng.m
A TRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
5/10/2011
FEE BREAKDOWN
HGM ASSOCIATES, INC.
City of Blair
College Drive Sanitary Sewer Replacement
SALARY EXPENSES
Classification
Manhours
Rate
Cost
Project Manager
96
X
$140.00
$13,440.00
Professional Engineer
54
X
$156.00
$8,424.00
Design Engineer
0
X
$103.00
$0.00
Engineering Technician
109
X
$71.00
$7,739.00
Licensed Surveyor
5
X
$145.00
$725.00
Survey Crew
54
X
$145.00
$7,830.00
Stenographer
8
X
$44.00
$352.00
Subtotal Salary Expenses
38,510.00
NON - SALARY EXPENSES
Televising Existing Sanitary Sewer - Utilities Service Group $2,100.00
Subtotal Non - Salary Expenses $2, 100.00
ITUTAI ST $40,610.00
hgm
ATRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS