Utility and Infrastructure Board (June 2017 - Present)

CITY OF FREMONT UTILITY AND INFRASTRUCTURE BOARD October 8, 2024 - 4:00 P.M. A meeting of the Utility and Infrastructure Board was held on October 8, 2024, at 4:00 p.m. in the Keene Memorial Library Community Meeting Room at 1030 N Broad St, Fremont, Nebraska. The meeting was preceded by publicized notice in the Fremont Tribune and the agenda displayed in the Municipal Building. The meeting was open to the public. A continually current copy of the agenda was available for public inspection at the office of the City Administrator, 400 East Military. The agenda was distributed to the Utility and Infrastructure Board on October 4, 2024, and posted, along with the supporting documents, on the City’s website. A copy of the open meeting law is posted continually for public inspection. ROLL CALL Roll call showed Board Members Bolton, Hiatt, Hansen, Wiese present. Wilson absent. 4 members present, 1 absent. Others in attendance included; Jeff Shanahan, Utility Gen. Mgr.; Troy Schaben, Asst. Utility Gen. Mgr.; Dan Reznicek, Plant Supt.; Jenn Nabb, Dir. of Finance; and Gary Ogden, Gas System Supt. CONSENT AGENDA Moved by Member Bolton and seconded by Member Hiatt to approve items 3 and 4 (Minutes from September 24, 2024 meeting and Accounts Payable through October 8, 2024). Ayes: Wiese, Hansen, Bolton, Hiatt. Motion carried 4-0. REGULAR AGENDA: Consider Contract for Property Appraisal Services with HCA Asset Management. Nabb gave overview. Moved by Member Hansen and Seconded by Member Bolton to recommend to City Council to sign a three-year contract with HCA Asset Management Property Appraisal Services for Insurance Purposes. Ayes: Wiese, Bolton, Hiatt, Hansen. Motion carried 4-0. Consider Adding Additional Proposed Streets to the City Snow Route List. Schaben gave overview. Moved by Member Bolton and Seconded by Member Hansen to recommend to City Council to add proposed Snow Routes to the already existing list and map for the City. Ayes: Bolton, Hiatt, Hansen, Wiese. Motion carried 4-0. Consider Placement of “No Parking Any Time” Signs. Schaben gave overview. Moved by Member Hiatt and Seconded by Member Hansen to recommend to City Council to approve placement of ‘No Parking Any Time’ signs in the ROW both entering and exiting along the median of the Deerfield Residential Community at S Howard St. and Morningside Ayes: Hiatt, Bolton, Wiese, Hansen. Motion carried 4-0. Consider Purchase of Land and Property at 432 E Military Avenue. Shanahan gave overview and answered questions. Moved by Member Hiatt and Seconded by Member Bolton to recommend to City Council to approve Resolution 2024-236 ratifying the purchase of property located at 432 E. Military Avenue. Ayes: Hansen, Wiese, Hiatt, Bolton. Motion carried 4-0. Consider Request to Issue a Purchase Order to Donaldson Filtration Solutions to Provide Field Service at the Derril G. Marshall Generating Station. Reznicek gave overview. Moved by Member Hiatt and Seconded by Member Hansen to recommend to City Council to authorize to issue a PO to Donaldson Filtration Solutions to provide field service to replace the inlet air filters, evaporative system membranes, and expansion joint on the gas turbine at the Derril G. Marshall Generating Station. Ayes: Wiese, Hansen, Bolton, Hiatt. Motion carried 4-0. Consider Award of Luther Road Engineering Services to Civil Solutions LLC. Request to receive contract and agreement. Moved By Member Bolton and Seconded by Member Hansen. Schaben gave overview. Moved by Member Bolton and Seconded by Member Hiatt to recommend to City Council to award Luther road engineering services to Civil Solutions, LLC in the amount of $73,220.00. Ayes: Hansen, Wiese, Bolton, Hiatt. Motion carried 4-0. Consider Final Change Order and Final Pay Application No. 2 of the Jack Sutton Sidewalk. Schaben gave overview. Moved by Member Hansen and Seconded by Member Bolton to recommend to City Council to authorize final acceptance of the jack sutton sidewalk and final pay application no. 2 in the 1 amount of $96,168.20. Ayes: Wiese, Hansen, Hiatt, Bolton. Motion carried 4-0. Consider Award of Traffic Signal Improvement Agreement to JEO Consulting Group Inc. Schaben gave overview. Moved by Member Bolton and Seconded by Member Hiatt to recommend to City Council to award traffic signal improvement agreement to JEO Consulting Group, Inc in the amount of $137,500.00. Ayes: Wiese, Hansen, Bolton, Hiatt. Motion carried 4-0. ADJOURNMENT Moved by Member Bolton and Seconded by Member Hansen to adjourn the meeting at 4:29pm. Ayes: Bolton, Hiatt, Hansen, Wiese. Motion carried 4-0. 2  Contract THIS CONTRACT AND AGREEMENT, made and entered into this 8th day of October, 2024, by and between the CITY OF FREMONT, Nebraska, a municipal corporation (hereinafter called the “Owner”) and Civil Solutions, LLC., and hereinafter called the “Contractor.” NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the Contractor and Owner agree as follows: 1. Payment: That the Contractor, for and in consideration of the sum of $ $73,220.00, payable as set forth in the Contract Documents, constituting a part of this Contract and incorporated herein by reference, hereby agrees to complete the Luther Road South Project in accordance with the specifications and other contract documents. 2. Contract: Contract documents include the specifications, including the general conditions, supplementary conditions, technical specifications and the bid proposal. 3. Claims and Costs: The Contractor herein agrees to pay all just claims for materials, supplies, tools, fuels, lubricants, equipment, equipment rental, machinery, insurance premiums, and services used or consumed in the construction of the work by him or any of his subcontractors, and for the payment of all laborers and mechanics for all labor performed in the work by him or any of his subcontractors, and for all other just claims filed against him or any of his subcontractors in carrying out the provisions of this contract and further agrees that the Bonds shall be held to cover all such claims. 4. Unemployment: The Contractor agrees to pay the Unemployment Compensation Fund of the State of Nebraska the unemployment contributions and interest due under provisions of Nebraska Law (Section 48-601 to 48-669) on wages paid to individuals employed, and to comply with the conditions regarding Fair Employment Practices as contained in the Nebraska Statues (Section 48-1101 through 48-1125) in the performance of this Contract. 5. Assignment: The Contractor shall not assign this Contract or any moneys due or to become due without the prior written consent of the Owner. The Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between the Owner and the Contractor and may only be altered, amended or repealed by a duly executed written instrument. 6. Work to be completed: It is understood and agreed that the Contractor shall not do any work or furnish any material not covered and authorized by this Contract, except under an executed Change Order. Any such work which may be done or any such materials which may be furnished by the Contractor without such written order first being given, shall be at his own risk, cost and expense; and the 3  Contractor hereby covenants and agrees that he shall make no claim for compensation for any work so done or any materials so furnished. 7. Conflicts: Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of this Contract. 8. Ordinances: Contractor shall conduct all work to conform to all municipal, state, and federal codes and regulations as required by law. 9. Delays by Contractor: Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. 10. Insurance: Contractor shall provide insurance coverage for not less than amounts or greater where required by Law. a. Workers Compensation and related coverage i. State: Statutory ii. Applicable Federal: Statutory iii. Employer’s Liability: $50,000 b. Contractors General Liability: Shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor i. General Aggregate: $3,000,000 ii. Products – Completed Operations Aggregate $3,000,000 iii. Each Occurrence (Bodily Injury and Property Damage) $3,000,000 iv. Excess or Umbrella Liability 1. General Aggregate $5,000,000 2. Each Occurrence $5,000,000 c. Automobile Liability i. Bodily Injury (Each Person) $1,000,000 ii. Bodily Injury (Each Accident) $1,000,000 iii. Property Damage (Each Accident) $1,000,000 d. Contractor Liability i. Bodily Injury 1. Each Accident $3,000,000 2. Annual Aggregate $3,000,000 ii. Property Damage 1. Each Accident $3,000,000 2. Annual Aggregate $3,000,000 e. Contractual Liability Coverage i. General Aggregate $3,000,000 ii. Each Occurrence (Bodily Injury and Property Damage) $3,000,000 11. Liquidated Damages: Contractor acknowledges that actual damages incurred by Owner as a result of the Contractor’s failure to meet the completion date and the 4  performance guarantees would be difficult to determine. If the project is not successfully completed on or before May 1, 2024, then Contractor shall pay Owner $100.00 per day until such time that the project is completed. Both parties agree that the liquidated damages provisions in this article are reasonable and appropriate measures of the damages for such performance shortfalls and not a penalty. 12. Subcontractors: Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s risk insurance, installation floater, and any other property insurance applicable to the Work. 13. Permits: Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). 14. Stopping Work: If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 15. Correcting Defective Work: If Contractor fails within a reasonable time after written notice from Customer to correct defective Work, or to remove and replace defective Work as required by Customer, then Customer may, after 7 days’ written notice to Contractor, correct or remedy any such deficiency. In exercising the rights and remedies under this Paragraph 15, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 15 will be charged against Contractor as set-offs against payments due. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. 5  16. Termination for Cause: The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: -Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); -Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; -Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or -Contractor’s repeated disregard of the authority of Owner Contractor shall have ten (10) days following receipt of notice from Owner to cure the basis for termination, to the satisfaction of Owner. If Owner proceeds as provided in Paragraph 16, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. 17. Termination for Convenience: Upon 7 days’ written notice to Contractor, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for completed and acceptable work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work. 18. Waiver: A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 19. Counter-parts: Counterparts, electronic copies, and other signed copies of this Agreement shall be enforceable as if the same were an original signed version. 20. Survival: All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor. 21. E-Verify: The Contractor shall register with and use a Federal Immigration Verification System to determine the work eligibility status of newly hired employees physically performing services within the State of Nebraska. The 6  prime Contractor shall contractually require every subcontractor to register with and use a Federal Immigration Verification System to determine the work eligibility status of newly hired employees physically performing services within the State of Nebraska. The Federal Immigration Verification System shall be an electronic verification of the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program. The Contractor may use an equivalent Federal Program designated by the United States Department of Homeland Security or other Federal Agency authorized to verify the work eligibility status of a newly hired employee. The equivalent program shall comply with the Immigration Reform and Control Act of 1986. 22. Jurisdiction: The Contract shall be governed and construed in accordance with the laws of the State of Nebraska, without giving effect on the principles of conflicts of laws. IT WITNESS WHEREOF, we, the contracting parties by our agents hereto affix our signatures and seals. OWNER: City of Fremont CONTRACTOR: By: By: Title: Mayor, City of Fremont NE. Title: WITNESS: ATTEST: (Witness) By: By: _______________________________ ______________________________ Title: City Clerk, City of Fremont NE. 7