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Investigating and Repairing Storm Damage - HGMh9m A$SOCI TES INC. July 3, 2014 Mr. Rod Storm City Administrator Cit of Blair, Nebraska 218 South 16"' Street Blair, Nebraska 68008 CEIVED JUL 2 12014 Subject: Investigating and Repairing Storni Damage of Existing City of Blair Buildings TIGM Proposal No, 000714-215 Dear Rod. On behalf of HGM ASSOCIATES INC. (HGM) we are pleased to submit this letter form agreement for engineering and architectural 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 our Standard Hourly Rate Schedule labeled as Exhibit C. I-IGM will provide Basic Services including Investi Final Design Documents, assistance during Bidding and Construction Administration. 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. HOM will provide these Basic Services on an hourly basis with a ceiling of 6% of Construction Costs. Additional Services will be charged on an hourly basis in accordance with our standard hourly rate schedule, attached. Reimbursable expenses and the use of outside testing laboratories will be charged on the basis of actual cost, invoiced to HGM, We will bill y ou monthly for our services and reimbursable expenses proportionate to the work completed on the project. All fees are due and payable to I-IGM 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. 640 FIVUH AVENUE, COUNCIL BLUFFS, IOWA 51501-6427, (712) 323-0530, FAX (712) 323-0779 5022 SOUTH 114"' STREET, SUITE; 200, ONNIA14A NEBRASKA 63137-2329,(402) 3464559, FAX (402) 346-0224 Mr. Rod Storm City of Blair, Nebraska July 3, 2014 Page 2 of 2 Please note that any information to be provided by you as defined Linder Client's Responsibilities in the attached Scope of Services will need to be furnished to 14GM prior to our beginning work. Please indicate your acceptance of this agreement by si 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 Dean Fajen, P.E., A.I.A. Project Manager Acceptance of Proposal: CITY OF BLAIR, NEBRASKA � CLIENT UARCITTonttacts\2014 P ro p osa l s \000714-215 Blair Storm Repair Invest LFA 140702 (intrim) doc Ronald N.Tekippe, P.E. President 640 FIF`1711 AVENUE, COUNCIL BLUFFS, IOWA 51501-6427,(712) 323-0530, FAX (712) 323-0779 5022 SOUTH 114 "' S'T'REET, SUITE 200, OMAIIA NFRRASKA 68137-2329,(402) 346-7559, FAX (402) 346-0224 SCOPE OF SERVICES EXHIBIT A This is an exhibit attached to and made part of the letter agreement dated July 3, 2014 between: CITY OF BLAIR, NEBRASKA (CLIENT) and HGM ASSOCIATES INC. (CONSULTANT), Project Description: Investigating Storm Damage at Existing City of Blair Buildings The Basic Services to be provided by the CONSULTANT under this agreement are further described as follows: 1. INVESTIGATE STORM DAMAGE A. Perform site investigation of existing structure and equipment, by Architects, Structural, Mechanical, Electrical and Civil Engineers, as required with Insurance Adjuster and Client.. B. Review existing available drawings. 2. FINAL DESIGN DOCUMENTS A. Prepare Final Design Documents for Storm Damage Repairs, mostly roofing, stamped by licensed Architects and Engineers so that permits can be obtained and bids received from Contractors, B. Include Architectural plans, elevations, sections, details, photos, and schedules. C. Include Civil Engineering as needed and authorized. D. Include Structural Engineering as needed and authorized. E. Include Mechanical Engineering as needed and authorized, F. Include Electrical Engineering as needed and authorized. G. Provide front end documents for Conitractors' bidding and contracts. H. Provide technical material and system specifications. I. Review plans with Insurance Adjuster and building code officials as required. J. Conduct review meetings as appropriate during the preparation of design documents. 3. BIDDING or NEGOTIATION A. Print and distribute final documents to Contractors, Subcontractors, Material Suppliers, Plan Holding Agencies and Code Officials to obtain competitive bids. B. Answer questions from Bidders during bidding period. C. Issue addendum as necessary. D. Attend pre -bid conference with interested bidders. E. Attend bid letting. F. Review bids and recommend Contractor for the Project. G. Distribute bid results to interested parties. H. Prepare Contracts with the selected Contractor, subject to Clients legal review 4. CONSTRUCTION ADMINISTRATION A. Conduct a pre - construction meeting with the Contractor, Subcontractors, etc. B. Review Shop Drawings and Product Submittals. C. Issue Change Orders, if necessary or authorized. D. Review and approve Contractors pay requests. E. Perform site meetings or site visits at intervals appropriate to the work being performed. F. Perform final project punch list and project close out. G. Collect record drawings from the Contractor. 640 FIFTH AVENUE, COUNCIL BLUFFS, IOWA 51501-6427,(712) 323 -0530, FAX (712) 323 -0779 5022 SOUTH 114` STREET, SUITE 200, OMAHA NEBRASKA 68137 -2329, (402) 346 -7559, FAX (402) 346 -0224 SCOPE OF SERVICES CLIENT'S RESPONSIBILITIES: EXHIBIT A Continued In order for the CONSULTANT to perform these services, the CLIENT agrees to furnish the following information: A. Access to site and throughout facility. B. Use of existing available drawings and record information. C. Contact person to coordinate the design, D. Program information, 640 FIFTH AVENUE, COUNCIL BLUFFS, IOWA SI S01 -6427, (712) 323 -0530, FAX (712)323-0779 5022 SOUTH 114` STREET, SUITE 200, OMAHA NEBRASKA 68137-2329,(402) 346 -7559, FAX (402) 346 -0224 GENERAL PROVISIONS EXHIBIT B Page 1 of 2 This is an exhibit attached to and made part of the letter agreement dated July 3, 2013 between: CITY OF BLAIR, NEBRASKA (CLIENT) and NGM ASSOCIATES INC. (CONSULTANT). The General Provisions agreed to by CONSULTANT and CLIENT are as follows: 0wnershio 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 paper 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/Eleetronic 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. Terminalion or Suspension; If the CLIENT fails to make payments to the CONSULTANT in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the CONSULTANT'S option, cause for suspension of performance of services under this Agreement. If the CONSULTANT elects to suspend services, the CONSULTANT shall give seven days' written notice to the CLIENT before suspending services. In the event of a suspension of services, the CONSULTANT shall have no liability to the CLIENT for delay or damage caused the CLIENT because of such suspension of services. Before resuming services, the CONSULTANT shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the CONSULTANT'S services. The CONSULTANT'S fees for the remaining services and the time schedules shall be. equitably adjusted. If the CLIENT suspends the Project, the CONSULTANT shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the CONSULTANT shall be compensated for expenses incurred in the interruption and resumption of the CONSULTANT'S services. The CONSULTANT'S fees for the remaining services and the time schedules shall be equitably adjusted. Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. In the event of termination not the fault of the CONSULTANT, the CONSULTANT shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses indicated in the next paragraph. Termination Expenses are in addition to compensation for the CONSULTANT'S services and include expenses directly attributable to termination for which the CONSULTANT is not otherwise compensated. The CLIENT'S rights to use the CONSULTANT'S Instruments of Service in the event of a termination of this Agreement are set forth in the Ownership of Instruments of Service clause above. If the CLIENT requests copies of the CONSULTANT'S Instruments of Service, the cost of the preparation of those copies shall be considered as a Termination Expense. Plan R visions: 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. Pees 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. Information Furnished by Utility Companies: The utility locations shown on the CONSULTANT'S instruments of service are from locates or drawings provided to the CONSULTANT by the utility companies. The CONSULTANT makes no guarantee that the utilities shown on the CONSULTANT'S instruments of service comprise all such utilities in the area, either in service or abandoned. The CONSULTANT further does not warrant that the utilities shown on the instruments of service are in the exact location indicated, 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 that to the fullest extent permitted by law, the total liability, in the aggregate, of CONSULTANT, CONSULTANT'S officers, directors, partners, employees, agents, and subconsultants, to CLIENT, and anyone claiming by, through, or under CLIENT for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this Project or Agreement from any cause or causes, including but not limited to torts, negligence, professional errors or omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation received by CONSULTANT or $100,000 whichever is greater. 644 FIFTH AVENUE, COUNCIL BLUFFS, IOWA 51501-6427,(712) 323.0530, FAX (712) 323 -0779 5022 SOUTH 114" STREET, SUITE 200, OMAHA NEBRASKA 68)37-2329,(402) 346 -7559, FAX (402) 346 -0224 GENERAL PROVISIONS EXHIBIT B Page 2 of 2 Waiver of Consequential Damages Notwithstanding anything in this Agreement to the Contrary, it is agreed that CONSULTANT shall not be liable in any event for any special or consequential damages suffered by the CLIENT arising out of the services hereunder, Special or consequential damages as used herein shall include, but not limited to, loss of capital, loss of product, loss of use of any system, or other property, or any other indirect, special or consequential damage, whether arising in contract, tort (including negligence), warranty or strict liability. 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. Construction Phase Services (If included under the scope of this Agreement) The CONSULTANT shall provide administration of the Contract between the CLIENT and the Contractor as set forth below and in General Conditions of the Contract for Construction. The CONSULTANT's responsibility to provide Construction Phase Services commences with the award .ofthe Contract for Construction and terminates on the date the CONSULTANT issues the Statement of Final Completion. The CONSULTANT shall advise and consult with the CLIENT during the Construction Phase Services. The CONSULTANT shall have authority to act on behalf of the CLIENT only to the extent provided in this Agreement or the General Conditions of the Contract for Construction. The CONSULTANT shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall be responsible for the CONSULTANT's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. The CONSULTANT shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in substantial compliance with the Contract Documents. However, the CONSULTANT shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the CONSULTANT shall keep the CLIENT reasonably informed about the progress and quality of the portion of the Work completed, and report to the CLIENT (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work, 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 compensation received 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 ill 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: iation: Any claims or disputes under this agreement shall be submitted to non - binding mediation. rev 130122 640 FIFTH AVENUE, COUNCIL BLUFFS, IOWA 51501 -6427, (712) 323 -0530, FAX (712) 323 -0779 5022 SOUTH 114" STREET, SUITE 200, OMAHA NEBRASKA 68137-2329,(402) 346 -7559, FAX (402) 346 -0224 -_ hgm ASSOCIATES INC. RATE RANGE SCHEDULE EFFECTIVE 12/16/13 - 12/15/14 EXHIBIT C Principal Engineer $171.00 m 219.00 /hour Sr. Project Engineer /Project Manager 108.00 - 187.00 /hour Sr. Project Architect /Project Manager 113.00 - 187.00 /hour Structural Engineer 104.00 - 178.00 /hour Project Engineer 96.00 - 119.00 /hour Project Architect 94.00 - 116.00 /hour Senior Design Engineer 83.00 - 125.00 /hour Design Engineer 75.00 - 119.00 /hour Land Surveyor 81.00 - 175.00 /flour Technician 51.00 - 111.00 /hour I -Man Survey Crew * 80.00 - 108.00 /hour 2 -Man Survey Crew * 120.00 - 240.00 /hour 3 -Man Survey Crew * 192.00 - 300.00 /hour Administrative Assistant 62.00 - 77.00 /hour All other items at cost including outside testing or any other outside services provided by the Engineer. * Survey crews are comprised of surveyors or engineering technicians at hourly rates specified and depending on project complexity, however, 2 -man and 3 -man crew rates are guaranteed to not exceed crew ranges specified. 640 FIFTH AVENUE, COUNCIL BLUFFS, IOWA 51501-6427,(712) 323 -0530, FAX (712) 323 -0779 5022 SOUTH 114'` STREET, SUITE 200, OMAHA NEBRASKA 68137 -232% (402) 346 -7559, FAX (402) 346 -0224