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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