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2012-20RESOLUTION NUMBER 2012 -20 PRELIMINARY ENGINEERING SERVICES AGREEMENT SUPPLEMENTAL AGREEMENT NUMBER 1 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, THE City of Blair and Alley Poyner Macchietto Architecture, P.C. have previously executed a preliminary engineering services agreement for a transportation project for which the Local Public Agency (LPA) would like to obtain Federal funds; WHEREAS, THE City of Blair, Nebraska understands that it must continue strictly follow all Federal, State and local laws, rules, regulations, polices and guidelines applicable to the funding of the Federal -aid project; and WHEREAS, THE City of Blair, Nebraska and Alley Poyner Macchietto Architecture, P.C. wish to enter into a preliminary engineering services supplemental agreement setting out modifications and /or additional duties and /or funding responsibilities for the Federal -aid project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that James Realph, Mayor, is hereby authorized to sign the attached supplemental Preliminary Engineering Services Agreement Supplemental Number lbetween City of Blair and Alley Poyner Macchietto Architecture, P.C. City of Blair is committed to providing local funds for the project as required by the Project Program Agreement. NDOR Project Number: ENH- 89(26) NDOR Control Number: 22355 NDOR Project Description: Blair Depot in the Park COUNCIL MEMBE ST EWART M"VEv THA 1 1 nr, x�a '1 N BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER CHRISTIANSEN. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, CHRISTIANSEN, JENSEN, HALL AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 24TH DAY OF JULY, 2012. CITY OF BLAIR, NEBRASKA M 4r M5 E. REALPH, MAYOR ATTEST: BRENDA R. 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 July, 2012. BRENDA R. WHEELER, CITY CLERK S UP P LEMENTAL AGREEMENT 1 PRELIMINARY ENGINEERING SERVICES CITY OF BLAIR, NEBRASKA ALLEY POYNER MACCHIETTO ARCHITECTURE, P.C. PROJECT NO. ENH- 89(26) CONTROL NO. 22355 BLAIR DEPOT IN THE PARK THIS SUPPLEMENTAL AGREEMENT, made and entered into by and between the City of Blair, Nebraska, hereinafter referred to as the Local Public Agency or "LPA," and Alley Poyner Macchietto Architecture, P.C., hereinafter referred to as the "Consultant." WHEREAS, the Consultant and the LPA entered into an Engineering Agreement executed by the Consultant on March 17, 2009 and, executed by the LPA on March 24, 2009, hereinafter referred to as the "Original Agreement ", providing for preliminary design services for Project No. ENH- 89(26), and WHEREAS, it is necessary that work not contemplated in the Original Agreement to participate in a pre -bid walk- through be added under this supplemental agreement, and WHEREAS, it is necessary to increase the Consultant's compensation by this supplemental agreement for the additional work necessary to complete the project, and WHEREAS, it is the desire of the LPA that the project be constructed under the designation of Project No. ENH- 89(26), as evidenced by the Resolution of the LPA dated the d� kA day of u �� 2012, attached and identified as EXHIBIT "A" and made a part of this agreement, and I NOW THEREFORE, in consideration of these facts, the Consultant and LPA agree as follows: SECTION 1 . A Written Notice -to- Proceed was issued to the Consultant on June 27, 2012 to perform the additional work through Consultant Work Order No. 1. Any additional work or. services performed by Consultant on the project prior to the date specified in the written Notice - to- Proceed is not eligible for reimbursement. SECTION 2 . The Consultant will perform the additional work stipulated in Consultant Work Order 1, which is attached as Exhibit "B" and hereby made a part of this supplemental agreement. SECTION 3 . For the work required, Section 5 of the Original Agreement is hereby amended and the fixed - fee - for - profit is increased from $3,215.83 to $3,243.80, an increase of $27.97. Actual costs are increased from $46,036.69 to $46,651.68, an increase of $614.99. The total agreement amount is increased from $49,252.52 to $49,895.48, an increase of $642.96 which the Consultant must not exceed without the prior written approval of the LPA. SECTION 4 . The Consultant will be paid the additional fee on the same terms stipulated in the Original Agreement and, except as specifically amended by this supplemental agreement, all terms and conditions of the Original Agreement on Project No. ENH- 89(26), executed by the Consultant on March 17, 2009 and executed by the LPA on March 24, 2009 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. After being duly sworn on oath, I do hereby acknowledge the foregoing certification and state that I am authorized to sign this agreement for the firm. EXECUTED by the Consultant this day of , 2012. ALLEY POYNER MACCHIETTO ARCHITECTURE Perry Poyner Principal STATE OF NEBRASKA ) )ss. DOUGLAS COUNTY ) Subscribed and sworn to before me this day of 1 2012. Notary Public EXECUTED by the LPA this 2 0JI day of _ 1 2012. CITY OF BLAIR James Realph or Subscribed and sworn to before me this :: I day of Ic,c % , 2012. Clerk STATE OF NEBRASKA DEPARTMENT OF ROADS Form of Agreement Approved for. Federal Funding Eligibility: Date Project No. ENH- 89(26) -2- Control. No. 22355 Blair Depot in the Park Consultant Work Order (Local Projecis) Projecl No.: Control No.: ENH- 89 (2_6) 22355 - ConsuNanL• (Noma wid Raprasonlaitve) . - Agreement No.: Worts Order Nor Alley Poyner Macchletto Architec P .C., (Chris Jansen, PM) 1 LPA: (Name and Ropros®ntativa) ^� Conalr. Churve Order No.: (if appRcabro) City of Blair, Allen Schoemaker All parties agree the following described work needs to be performed by the consultant as ipert of the referenced project. All parties concur and hereby give notice to proceed based on the (allowing: )ust,flcation to modify contract, scope of services, deliverables, schedule, and estimated total fee, All other terms of existing agreements between the parties are still In effect. It is understood by all parties that the work described herein will became part of a fu ture supplement to t agreement ind ab ove. •h181111callon to madlfy agreement: Qnclude scope of services, deliverables, and schodulo) — NDOR has scheduled a pre -bid walk - through with potential contractors regarding this project. The Consultants will need to answer any questions potential contractors may have prior to the project's bid date. This meeting was not previously scheduled in the agreement scope and is necessary before the Consultants can proceed under the current agreement. W ork Tlgo — ... - _-- --• -- - - -- - - - --- ° summar y of Fee - • -- - -- ` A. Total Dire Labor Cos = 11 8,02 B. Overh (Factor x A) = 160.00 Pre -bid walk- through with NDOR and potential contractors at C. A + B = 278.70 the Blair Depot. - �� .Nola....... D, Profit/Fee (Fac " x C) - 27.47 'Overhead Factor: 135.00 E. Direct Non -La Cost = 30.53 "ProfiVee Factor: 10.00 F. Subconsulle Service = 304.76_ Total Fee Notes 5.5 hours, t Pro)aat Manager @ $21 84 raw labor ! hour TOTA + D + E + F C 642.98 s OH and ProAt. Plus 55 milu5 X IRS aitawabie tutu (.655) Direct non -labor twpenae. ❑ ESTIMA TOT FEE: ® FI TOTAL FEE: Work Order Authorization - May be granted by email and attached to this document. Consultant: Christina A. Janeen .-------111- June 26, 2001 _ .. Nutice to Proceed Name 1Jr'� Data be granted by LPA' email by: City of Blair, Allen / Zfa . 1 _ ..,l......... LPG PC f Preliminary _ ................. ............................... _................. ......................._...._.. Nance Schoemaker Sigrarure Data Engineering &, LPD PC (for Preliminary Engfneering) and State Rep. (for Con s tr uction Engineering): CD PC for Construction ` Engineering, ................._. ......mac:...,. _......... ....._ .....:_................:, - -..._ ..... ._.... ,vame � Signeiur� _,...__......,....... -.... Data Fi Ac Notice to Procee j� - �� .Nola....... 2 �ar2 Odle Norte 51 nnrUrd Disldbutlon: C.inwAlanl, LPA – RC. State Rnp.• FHWA, .PD PC, NDOR Agreements Engineer, lilghrray Furda Ma D PC DR Forrh 25D, February 2012 MI • i RESOLUTION NUMBER 2012 -20_ PRELIMINARY ENGINEERING SERVICES AGREEMENT SUPPLEMENTAL AGREEMENT NUMBER 1 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, THE City of Blair and Alley Poyner Macchietto Architecture, P.C. have previously executed a preliminary engineering services agreement for a transportation project for which the Local Public Agency (LPA) would like to obtain Federal funds; WHEREAS, THE City of Blair, Nebraska understands that it must continue strictly follow all Federal, State and local laws, rules, regulations, polices and guidelines applicable to the funding of the Federal -aid project; and WHEREAS, THE City of Blair, Nebraska and Alley Poyner Macchietto Architecture, P.C. wish to enter into a preliminary engineering services supplemental agreement setting out modifications and /or additional duties and /or funding responsibilities for the Federal -aid project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that James Realph, Mayor, is hereby authorized to sign the attached supplemental Preliminary Engineering Services Agreement Supplemental Number lbetween City of Blair and Alley Poyner Macchietto Architecture, P.C. City of Blair is committed to providing local funds for the project as required by the Project Program Agreement. NDOR Project Number: ENH- 89(26) NDOR Control Number: 22355 NDOR Project Description: Blair Depot in the Park COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER CHRISTIANSEN. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, CHRISTIANSEN, JENSEN, HALL AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 24TH DAY OF JULY, 2012. CITY OF BLAIR, NEBRASKA B .,.�' JA E REALPH, MAYOR ATTEST: BRENDA R. 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 July, 2012. BRENDA R. WHEELER, CITY CLERK