2018-03-09 Final Platting of Dana College Campus4
Date: 3 9 18
Client: City of Blair
Name: Al Schoemaker, Rod Storm and Phil Green
Project: Dana College Final Plat
Scope of Services - JEO Survey will complete the following tasks:
• Final platting of the Dana College Campus.
o Setting of all property corners established by this plat.
This project will be completed for a fixed fee of $6,000. JEO General Conditions are attached and considered
part of this bid.
Scheduled Completion Dates:
• Final Plat submitted: April 191h
We are prepared to begin the work, weather permitting, upon receipt of authorization to proceed. If
further discussion concerning this scope of services or fees is necessary, please contact us. Otherwise, if
you find these terms agreeable, please sign the authorization at the end of this letter.
Matthew A. Fouts, LS
AUTHORIZATION
The undersigned hereby agrees to the scope of services proposed above and authorizes JEO Consulting
Group, Inc., to provide services as described.
By:
Title:L
Date: d
JEO CONSULTING ROUP INC
11717 Burt Street I Suite 210 1 Omaha, Nebraska 68154-1510 1 p: 402.934.3680 1 f: 402.934.3681
www.jeo.com
JEO CONSULTING GROUP INCJEO ARCHITECTURE INC
GENERAL CONDITIONS
1. SCOPE OF SERVICES: JED Consulting Group, Inc. (JEO) shall
perform the services described in the attached Scope of Services.
JEO shall invoice the client for these services at the fee stated in
the attached Scope of Services.
2. ADDITIONAL SERVICES: JEO can perform work
beyond the scope of services, as additional services, for a
negotiated fee or at fee schedule rates.
3. CLIENT RESPONSIBILITIES: The client shall provide all
criteria and full information as to the client's requirements for
the project; designate and identify in writing a person to act
with authority on the client's behalf in respect to all aspects of
the project; examine and respond promptly to JEO's
submissions; and give prompt written notice to JED whenever
the client observes or otherwise becomes aware of any defect in
work.
Unless otherwise agreed, the client shall furnish JEO with right -
of -access to the site in order to conduct the scope of services.
Unless otherwise agreed, the client shall also secure all
necessary permits, approvals, licenses, consents, and property
descriptions necessary to the performance of the services
hereunder. While JED shall take reasonable precautions to
minimize damage to the property, it is understood by the client
that in the normal course of work some damage may occur, the
restoration of which is not a part of this agreement.
4. TIMES FOR RENDERING SERVICES: JEO's
services and compensation under this agreement have been
agreed to in anticipation of the orderly and continuous progress
of the project through completion. Unless specific periods of
time or specific dates for providing services are specified in the
scope of services, JEO's obligation to render services hereunder
shall be for a period which may reasonably be required for the
completion of said services.
If specific periods of time for rendering services are set forth or
specific dates by which services are to be completed are
provided, and if such periods of time or date are changed
through no fault of JEO, the rates and amounts of compensation
provided for herein shall be subject to equitable adjustment. If
the client has requested changes in the scope, extent, or
character of the project, the time of performance of JEO's
services shall be adjusted equitably.
5. INVOICES: JEO shall submit invoices to the client monthly
for services provided to date and a final bill upon completion of
services. Invoices are due and payable within 30 days of receipt,
unless prior arrangements are made. Invoices are considered
past due after 30 days. Client agrees to pay a finance charge on
past due invoices at the rate of 1.0% per month, or the
maximum rate of interest permitted by law.
If the client fails to make any payment due to JEO for services
and expenses within 30 days after receipt of JEO's statement,
JED may, after giving 7 days' written notice to the client,
suspend services to the client under this agreement until JEO
has been paid in full all amounts due for services, expenses, and
charges.
6. STANDARD OF CARE: The standard of care for all services
performed or furnished by JEO under the agreement shall be the
care and skill ordinarily used by members of JEO's profession
practicing under similar circumstances at the same time and in
the same locality. JEO makes no warranties, express or implied,
under this agreement or otherwise, in connection with JEO's
services.
JED shall be responsible for the technical accuracy of its services
and documents resulting therefrom, and the client shall not be
responsible for discovering deficiencies therein. JEO shall correct
such deficiencies without additional compensation except to
the extent such action is directly attributable to deficiencies in
client furnished information.
7. REUSE OF DOCUMENTS: Reuse of any
materials (including in part plans, specifications, drawings,
reports, designs, computations, computer programs, data,
estimates, surveys, other work items, etc.) by the client on a
future extension of this project, or any other project without
JEO's written authorization shall be at the client's risk and the
client agrees to indemnify and hold harmless JEO from all claims,
damages, and expenses including attorney's fees arising out of
such unauthorized use.
8. ELECTRONIC FILES: Copies of Documents that may be
relied upon by the client are limited to the printed copies (also
known as hard copies) that are signed or sealed by JEO. Files in
electronic media format of text, data, graphics, or of other types
that are furnished by JEO to the client are only for convenience
of the client. Any conclusion or information obtained or derived
from such electronic files shall be at the user's sole risk.
a. Because data stored in electronic media format can
deteriorate or be modified inadvertently or otherwise without
authorization of the data's creator, the party receiving
electronic files agrees that it shall perform acceptance tests or
procedures within 30 days, after which the receiving party
shall be deemed to have accepted the data thus transferred.
Any errors detected within the 30 day acceptance period shall
be corrected by the party delivering the electronic files. JEO
shall not be responsible to maintain documents stored in
electronic media format after acceptance by the client.
b. When transferring documents in electronic media format,
JEO makes no representations as to long term compatibility,
usability, or readability of documents resulting from the use of
software application packages, operating systems, or
computer hardware differing from those used by JEO at the
beginning of the project.
c. The client may make and retain copies of documents for
information and reference in connection with use on the
project by the client.
d. If there is a discrepancy between the same version of
electronic files and the hard copies, the hard copies govern.
e. Any verification or adaptation of the documents by JEO for
extensions of the project or for any other project shall entitle
JEO to further compensation at rates to be agreed upon by the
client and JEO.
9. INDEMNIFICATION: To the fullest extent permitted by
law, JEO and the client shall indemnify and hold each other
harmless and their respective officers, directors, partners,
Pagel of 2
JEO CONSULTING GROUP INCJEO ARCHITECTURE INC
t
GENERAL CONDITIONS
employees, and consultants from and against any and all claims,
losses, damages, and expenses (including but not limited to all
fees and charges of engineers, architects, attorneys, and other
professionals, and all court or arbitration or other dispute
resolution costs) to the extent such claims, losses, damages, or
expenses are caused by the indemnifying parties' negligent acts,
errors, or omissions. In the event claims, losses, damages, or
expenses are caused by the joint or concurrent negligence of
JED and the client, they shall be borne by each party in
proportion to its negligence.
10. INSURANCEOEO shall procure and maintain the following
insurance during the performance of services under this
agreement:
a. Workers' Compensation: Statutory
b. Employer's Liability
i. Each Accident: $500,000
ii. Disease, Policy Limit: $500,000
ill. Disease, Each Employee: $500,000
c. General Liability
I. Each Occurrence (Bodily Injury and Property Damage):
$1,000,000
ii. General Aggregate: $2,000,000
d. Auto Liability
i. Combined Single: $1,000,000
e. Excess or Umbrella Liability
i. Each Occurrence: $1,000,000
ii. General Aggregate: $1,000,000
f. Professional Liability:
I. Each Occurrence: $1,000,000
ii. General Aggregate: $2,000,000
g. All policies of property insurance shall contain provisions to
the effect that JED and JED's consultants' interests are covered
and that in the event of payment of any loss or damage the
insurers shall have no rights of recovery against any of the
insureds or additional insureds thereunder.
h. The client shall require the contractor to purchase and
maintain general liability and other insurance as specified in
the Contract Documents and to cause JED and JED's
consultants to be listed as additional insured with respect to
such liability and other insurance purchased and maintained
by the contractor for the project.
i. The client shall reimburse JED for any additional limits or
coverages that the client requires for the project.
11. TERMINATION: This agreement may be terminated
by either party upon 7 days prior written notice. In the event of
termination, JED shall be compensated by client for all services
performed up to and including the termination date. The
effective date of termination may be set up to thirty (30) days
later than otherwise provided to allow JED to demobilize
personnel and equipment from the site, to complete tasks
whose value would otherwise be lost, to prepare notes as to the
status of completed and uncompleted tasks, and to assemble
project materials in orderly files.
12. GOVERNING LAW: This agreement is to be governed by
the law of the state in which the project is located.
13. SUCCESSORS, ASSIGNS, AND BENEFICIARIES: The
client and JED each is hereby bound and the partners,
successors, executors, administrators and legal representatives
of the client and JED are hereby bound to the other party to this
agreement and to the partners, successors, executors,
administrators and legal representatives (and said assigns) of
such other party, with respect to all covenants, agreements and
obligations of this agreement.
a. Neither the client nor JED may assign, sublet, or transfer any
rights under or interest (including, but without limitation,
monies that are due or may become due) in this agreement
without the written consent of the other, except to the extent
that any assignment, subletting, or transfer is mandated or
restricted by law. Unless specifically stated to the contrary in
any written consent to an assignment, no assignment shall
release or discharge the assignor from any duty or
responsibility under this agreement.
b. Unless expressly provided otherwise in this agreement:
Nothing in this agreement shall be construed to create,
impose, or give rise to any duty owed by the client or JED to
any contractor, contractor's subcontractor, supplier, other
individual or entity, or to any surety for or employee of any of
them.
c. All duties and responsibilities undertaken pursuant to this
agreement shall be for the sole and exclusive benefit of the
client and JED and not for the benefit of any other party.
14. PRECEDENCE: These standards, terms, and
conditions shall take precedence over any inconsistent or
contradictory language contained in any proposal, contract,
purchase order, requisition, notice to proceed, or like document
regarding JED's services.
15. SEVERABILITY: Any provision or part of the
agreement held to be void or unenforceable shall be deemed
stricken, and all remaining provisions shall continue to be valid
and binding upon the client and JED, who agree that the
agreement shall be reformed to replace such stricken provision
or part thereof with a valid and enforceable provision that
comes as close as possible to expressing the intention of the
stricken provision.
16. NON-DISCRIMINATION CLAUSE: Pursuant to Neb.
Rev. Stat. § 73-102, the parties declare, promise, and warrant
that they have and will continue to comply fully with Title VI of
the Civil Rights Act of 1964, as amended (42 U.S.C.A § 1985, et
seq.) and the Nebraska Fair Employment Practice Act, Neb. Rev.
Stat. § 48-1101, et seq., in that there shall be no discrimination
against any employee who is employed in the performance of
this agreement, or against any applicant for such employment,
because of age, color, national origin, race, religion, creed,
disability or sex.
17. E -VERIFY: JED shall register with and use the E -Verify
Program, or 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 pursuant to the Immigration Reform and
Control Act of 1986, to determine the work eligibility status of
new employees physically performing services within the state
where the work shall be performed. Engineer shall require the
same of each consultant.
Page 2 of 2