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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 d' 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.