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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