2018-05-08 Transformation HIll ImprovementsAmendment No. 1 To Engineering Agreement
2018 Transformation Hill Subdivisions & Sanitary Sewer Main Extension
JEO Project #180619
REFERENCE:
Standard form of Agreement executed May 8, 2018, between Owner and Engineer for
professional services for the above referenced project. Except as noted below, all other
terms and conditions remain unchanged.
AMENDMENT:
The scope of services and fee of the Agreement are amended to include additional
construction administration and staking services in the amount of $22,160 to be billed
as hourly not to exceed. Section 3.01(B) under Article 3 of the Agreement is hereby
amended to include an additional fee of $22,160 for a total fee of $108,910.
If accept e, please sign and return copy to JEO.
��e eL:
ti
Jon/4 Mooberry, PE Richard Hansen
Project Manager Mayor
JEO Consulting Group, Inc.
7/23/2019
Date
City of Blair
Date
JEO CONSULTING GROUP INC N JEO ARCHITECTURE INC
142 W. 11th Street 1 PO Box 207 1 Wahoo, Nebraska 68066-0207 1 p: 402.443.46611 f: 402.443.3508
W W W.Jeo.com
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AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as ofx ok.r �- �- � ` `"'s p ` (Effective Date") between City of Blair,
Nebraska ("Owner") and JEO Consulting Group, Inc. ("Engineer").
Owner's project, of which Engineer's services under this Agreement are a part, is generally identified as follows:
Blair 2018 Transformation Hill Subdivisions & Sanitary Sewer Main Extension ("Project").
JEO Project Number: 180619
Owner and Engineer further agree as follows:
ARTICLE 1 - SERVICES OF ENGINEER
1.01 Scope
A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A.
ARTICLE 2 - OWNER'S RESPONSIBILITIES
2.01 Owner Responsibilities
A. Owner responsibilities are outlined in Section 3 of Exhibit B.
ARTICLE 3 - COMPENSATION
3.01 Compensation
A. Owner shall pay Engineer asset forth in Exhibit A and per the terms in Exhibit B.
B. The fee for the Project is provided in Exhibit A, Section 6.
C. The Standard Hourly Rates Schedule shall be adjusted annually (as of approximately January 1 st) to
reflect equitable changes in the compensation payable to Engineer. The current hourly rate schedule
can be provided upon request.
Page 1 of 2
ARTICLE 4 - EXHIBITS AND SPECIAL PROVISIONS
4.01 Exhibits
Exhibit A — Scope of Services
Exhibit B — General Conditions
4.02 Total Agreement
A. This Agreement (consisting of pages 1 to 2 inclusive, together with the Exhibits identified as included
above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written
or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by
a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Owner: City of Blair
4 q
VNI
By: Jim Reath
Title: Mayor
Date Signed: ' u
Address for giving notices:
Attention: AI Schoemaker
218 S. 16th Street
Blair, NE 68008
Page 2 of 2
Engin : JE Con. Inc.
By: Jon W. Mooberry
Title: Project Manager
Date Signed:
4/30/2018
Address forgiving notices:
JEO Consulting Group, Inc.
142 West 11 th Street
PO Box 207
Wahoo NE 68066
EXHIBIT A
SCOPE OF SERVICES
PROJECT DESCRIPTION:
To perform preliminary design and final design for construction of a new sanitary sewer main from the 2400
block of College Drive south along the west side of Cauble Creek to Hansen Drive, then north along the east side
of 27th Street to the 600 block and west of Hansen Drive to be incorporated into a new residential subdivision.
The scope of work will include sanitary sewer main, water main, storm sewer, and paving design for two small
residential subdivisions and a round -a -bout on Hansen Drive. The scope also includes a grading plan for a
portion of Transformation Hill Subdivision on the south side of the former Dana Campus. Storm water
management will be included for the newly developed residential subdivisions.
The two small subdivisions will be developed to support single and two family residential housing. The first will
be located to the west of 27th Street at the 600 block that will include a cul-de-sac, and the second subdivision is
located on the south side of the former Dana Campus west of Hansen Drive north of Cauble Creek. Both
residential subdivisions will require water main, sanitary sewer main, storm sewer and paving designed for the
developments. Storm water management will also be incorporated into the developments. It is the intent of
the City to use the new storm sewers for the storm water management but that is not finalized. The southern
residential subdivision will include a round -a -bout with a small relocation of 27th Street to enter the new round -
a -bout on the east side with existing Hansen Drive to enter on the north and south sides and the new residential
street to enter from the west side. The existing round -a -bout located in the Haden Place subdivision is the
template for this new round -a -bout design. G.I.S. Data layers will be provided to assist in completing the design
and any additional areas that are needed. The layers provided will be all available on the city's current G.I.S.
including color aerial photography, one -foot contour lines and city utilities.
The scope of this agreement is to provide design, project letting, and construction engineering services.
PRELIMINARY DESIGN
1.1. Conduct Geotechnical Exploration for the design and construction of the new sanitary sewer main. Four
(4) soil borings are to be taken at locations determined by the city.
1.2. Prepare 60% complete preliminary plans and front-end specifications in the format acceptable to Owner.
Plans and specifications to include;
1.2.1. General location maps.
1.2.2. Survey control sheets (Survey control data to be provided by Owner).
1.2.3. Grading plan sheets for south subdivision only. Grading plan for north subdivision to be provided
by Owner.
1.2.4. Removal and construction plan and profile sheets for proposed improvements.
1.2.5. Erosion control plan (Included on the removal/construction plan sheets).
1.2.6. Draft front end specifications with bidding, contract, and any required funding documentation.
1.3. Complete drainage studies and submit to City by email for review. Storm sewer management is to be
designed with the intent to utilize the new storm sewer system and piping for detention meeting
minimum design standards.
1.4. Prepare the opinion of probable construction cost to be commensurate with the 60% complete plans.
1.5. Submit electronic copy of 60% plans, specifications and proposed opinion of cost to Owner by email for
review.
1.6. Submit electronic copy of 60% plans to utilities companies for incorporation of facilities into the plans.
Page 1 of 4
EXHIBIT A
2. FINAL DESIGN
2.1. Prepare 90% plans, specifications, and update the opinion of probably construction cost. Plans and
specifications for one project letting.
2.1.1.All sheets previously listed for the 60% complete plans.
2.1.2.lnsertion of design detail sheets.
2.1.3.Completion of the front-end documents and special provisions section of the specifications.
2.2. Prepare a list of final construction quantities and furnish a final opinion of probable construction cost.
2.3. Perform an internal QA/QC review of the 90% complete plans and specifications.
2.4. Prepare NDPDES Permit application and Storm Water Pollution Prevention Plan (SWPPP) for submittal
to NDEQ for permit issuance.
2.5. Submit electronic copy of final plans and specifications to City to forward to the NHHS and NDEQ for
permit issuance. City to pay permit fees.
2.6. Provide completed final documents (Plans, Specifications, and Contract Documents) signed and sealed
by a professional engineer registered in the State of Nebraska to Owner.
3. BIDDING & NEGOTIATION
3.1. Provided the following bidding and negotiation services for one bid package.
3.2. Provide assistance with authorizing the advertisement for bids and setting the bid date and time.
3.3. Send Notice to Bidders to Contractors, Builder Bureaus and Plan Rooms.
3.4. Furnish electronic or paper copies of plans, specifications, and contract documents of the project to
prospective bidders, material suppliers, and other interested parties upon their request and payment
of the non-refundable purchase cost established by the Engineer for the documents.
3.5. Respond to inquiries from prospective bidders and prepare any addenda required.
3.6. Assist the Owner in securing construction bids for the project.
3.7. Assist the Owner at the bid opening consisting of one (1) meeting to ensure proper rules are followed
and adhered to during the process to ensure all requirements of State and Federal law are fulfilled.
3.8. Tabulate and analyze construction bids and report on them to the Owner, together with advice and
assistance to the Owner in award of construction contract.
3.9. Prepare and submit necessary information to the Owner for project award approval.
3.10. Prepare Contract Documents (Construction Contract and Notice to Proceed) for execution by the Prime
Contractor(s) and the Owner; provide cursory reviews of all insurance and bonds submittals; then advise
the Owner to proceed with execution of all documents.
3.11. Provide copies of all executed Contract Documents to the Owner and Prime Contractor(s).
4. CONSTRUCTION ADMINISTRATION & STAKING
4.1. Schedule and conduct a Pre -construction Conference, consisting of one (1) meeting prior to
construction. This conference (Pre -Con) will review the required timelines set forth in the specifications,
lines of communication, key contacts of those involved, review any conflicts with utilities or schedules,
review the schedule proposed by the Contractor, review any requirements of the Contractor for locates
and staking needs, etc. Minutes of the Pre -construction Conference will be provided to all participants
by the Engineer.
4.2. Provide construction staking one time for each of the following per each subdivision; sanitary sewer
main and services, water main, storm sewer pipe and inlets, and paving (10 trips total). Provide
construction staking one time for new sanitary sewer main and services (2 trips total).
4.3. Review shop drawings and related data supplied by the Contractor.
4.4. Provide interpretation of the plans and specifications, when necessary.
4.5. Review and process Contractor's monthly payment applications and change orders (if necessary) and
provide to Owner for review and approval (one progress payment and one final payment).
4.6. Consult with and advise Owner during construction in regard to all aspects of the project.
Page 2 of 4
EXHIBIT A
4.7. Conduct a final inspection of project with the Contractor and Owner.
4.8. Prepare a final punch list of outstanding items needing completion prior to finalization of the project
based on field observations and reviews by the Resident Project Representative, Contractor, and Owner.
4.9. Recommend to the Owner the acceptance of the project, and complete the necessary certificate(s).
4.10. Assist the Owner during the 12 -month warranty period with questions and coordination with the
contractor for warranty period correction items.
4.10.1. Issue 6 and 11 -month warranty letters to the Owner and Contractor. Owner to notify JEO and
Contractor of repairs or items needing to be addressed.
5. CONSTRUCTION OBSERVATION (RESIDENT PROJECT REPRESENTATIVE)
5.1. JEO will furnish a full-time Resident Project Representative (RPR) to observe construction progress and
quality of the work and on-site for all critical construction activities. A total of 320 hours is estimated or
40 hours per week for 8 weeks of full-time inspection.
5.2. The duties and responsibilities of the RPR are described as follows:
5.2.1. Review of contractors work for general compliance with the plans and specifications.
5.2.2. Monitor Contractors' progress and project schedule.
5.2.3. Complete Construction Observation Reports when on site.
5.2.4. Check pay quantities and coordinate concurrence with contractor and engineer.
5.2.5. Review of materials delivered to the site for specification compliance.
5.2.6. Assist the engineer in interpretation of the plans and specifications to the contractor.
5.2.7. Review and coordinate materials testing. Material testing to be completed by Others.
6. FEE
6.1. The cost to provide the Preliminary and Final Design, Bidding and Negotiation, and Construction
Administration and Staking phase services will be a lump sum fee of $54,750.00.
6.2. The cost to provide the Resident Project Representation will be at billed at an hourly rate of $100 per
hour, not to exceed $32,000.00.
6.3. The above mentioned fees includes JEO's billable time and overhead expenses including telephone
calls, copying, postage, travel and meals that are included in our hourly rates and fees. Any additional
services beyond the Scope of Services will be provided at an agreeable lump sum or hourly rates, only
when authorized by the Owner.
6.4. Tasks Fee
Preliminary Design
$
23,900
Lump Sum
Final Design
$
11,220
Lump Sum
Bidding & Negotiation
$
2,900
Lump Sum
Construction Administration & Staking
$
16,730
Lump Sum
(Construction Staking - $13,730)
Construction Observation
$
32,000
Hourly Not To Exceed
Total Estimated Fee
$
86,750
7. PAYMENT:
7.1. We will invoice you monthly for work completed to date, payment is due upon receipt. Invoices unpaid
after 30 days will accrue interest at 12% per annum (1.0%/month).
Page 3 of 4
EXHIBIT A
8. TIME FRAME:
8.1. Notice to Proceed (NTP) 5/22/2018
8.2. Preliminary Design 90 days following NTP.
8.3. Final Design 60 days following Preliminary Design.
8.4. Bidding & Negotiation 45-60 days from authorization to advertise.
8.5. Estimate Start of Construction Spring 2019
9. OWNER RESPONSIBILITY:
9.1. The Owner must provide the following information to the Engineer:
9.1.1. G.I.S. Data layers to assist in completing the design.
9.1.2. Assist with utility conflict resolution and provide additional utility record information, as needed.
9.1.3. Assist with any stakeholder issues that arise.
9.1.4. Provide Title/Deed Research and ROW/Easement acquisition services and or securing right of
entry for Contractor to complete work, as needed.
9.1.5. Timely review of submittals.
9.1.6. Electronic copy of Final Plat (Phase 1 and 2) in CADD software format compatible with AutoCAD
Civil 3D.
10. EXCLUSIONS:
10.1. Topographic survey.
10.2. Geotech investigation and design not outlined in scope of services.
10.3. Traffic Study.
10.4. Site grading design/plan outside of street right-of-way for north subdivision development. To be
provided by Owner.
10.5. Platting Services.
10.6. ROW/easement plans and legal descriptions.
10.7. Land rights and ownership. Title research.
10.8. Environmental reviews and/or studies not outlined in scope of services.
10.9. SWPPP administration and inspections (Responsibility of Contractor).
10.10. Any permit fees associated with permit applications.
10.11. Meetings and meetings not outlined in the Scope of Services.
10.12. Material testing during construction.
10.13. Record As -Built Drawings.
10.14. GIS survey and utility data update.
10.15. Preparation of Report of Total Costs and or Assessment Schedule.
10.16. Conduct field review prior to expiration of warranty period of project should a field inspection be
necessary.
11. GENERAL CONDITIONS
11.1. JEO's general conditions are attached as Exhibit B.
Page 4 of 4
JEO CONSULTING GROUP INC 0 JEO ARCHITECTURE INC
1. SCOPE OF SERVICES: JED Consulting Group, Inc. (JEO) shall
perform the services described in Exhibit A. JED shall invoice the
owner for these services at the fee stated in Exhibit A.
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. OWNER RESPONSIBILITIES: The owner shall provide all
criteria and full information as to the owner's requirements for the
project; designate and identify in writing a person to act with
authority on the owner's behalf in respect to all aspects of the
project; examine and respond promptly to JEO's submissions; and
give prompt written notice to JEO whenever the owner observes
or otherwise becomes aware of any defect in work.
Unless otherwise agreed, the owner shall furnish JEO with right -of -
access to the site in order to conduct the scope of services. Unless
otherwise agreed, the owner 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 owner 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
JED, the rates and amounts of compensation provided for herein
shall be subject to equitable adjustment. If the owner has
requested changes in the scope, extent, or character of the project,
the time of performance of JEO's services shall be adjusted
equitably.
S. INVOICES: JEO shall submit invoices to the owner monthly
for services provided to date and a final bill upon completion of
services. Invoices are due and payable within 30 days of receipt.
Invoices are considered past due after 30 days. Owner 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 bylaw.
If the owner 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 owner, suspend services
to the owner 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
Page 1 of 2 — Revision 2
Exhibit B
same locality. JEO makes no warranties, express or implied, under
this agreement or otherwise, in connection with JEO's services.
JEO shall be responsible for the technical accuracy of its services
and documents resulting therefrom, and the owner 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 owner
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.) bythe owner on a future extension of this project,
or any other project without JEO's written authorization shall be at
the owner's risk and the owner 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 owner 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 owner are only for convenience of
the owner. 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. JED shall not be responsible
to maintain documents stored in electronic media format after
acceptance by the owner.
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 JED at the beginning of
the project.
c. The owner may make and retain copies of documents for
information and reference in connection with use on the project
by the owner.
d. If there is a discrepancy between the 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 owner
and JEO.
9. SUBCONSULTANTS: JEO may employ consultants as JEO
deems necessary to assist in the performance of the services. JEO
shall not be required to employ any consultant unacceptable to
JEO.
10. INDEMNIFICATION: To the fullest extent permitted by law,
JEO and the owner shall indemnify and hold each other harmless
and their respective officers, directors, partners, employees, and
consultants from and against any and all claims, losses, damages,
JEO CONSULTING GROUP INC 0 JEO ARCHITECTURE INC
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 JEO and the owner, they shall be
borne by each party in proportion to its negligence.
11. INSURANCE: JEO 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
iii. 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 JEO and JEO'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 owner shall require the contractor to purchase and
maintain general liability and other insurance as specified in the
Contract Documents and to cause JEO and JEO'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.
L The owner shall reimburse JEO for any additional limits or
coverages that the owner requires for the project.
12. TERMINATION: This agreement maybe terminated by either
party upon 7 days prior written notice. In the event of termination,
JEO shall be compensated by owner 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 JEO 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.
13. GOVERNING LAW: This agreement is to be governed by
the law of the state in which the project is located.
Page 2 of 2 — Revision 2
Exhibit B
14. SUCCESSORS, ASSIGNS, AND BENEFICIARIES: The owner
and JEO each is hereby bound and the partners, successors,
executors, administrators and legal representatives of the owner
and JEO are hereby bound to the other partyto 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 owner nor JEO 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 owner or JEO 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
owner and JEO and not for the benefit of any other party.
15. 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 JEO's services.
16. 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 owner and JEO, 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.
17. 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.
18. E -VERIFY: JEO 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.