2023-46RESOLUTION NO. 2023-46
COUNCIL MEMBER SANDVOLD INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair is in need of engineer services for the Blair Hollow Road
Box Culvert Reconstruction Project; and
WHEREAS, JEO Consulting Group, Inc., has presented a suitable and desirable
Engineering Agreement with an attachment, Exhibits A, B, and C, for engineering services for
the Blair Hollow Road Box Culvert Reconstruction Project, ; and
WHEREAS, the City of Blair desires to move forward with the the Engineering
Agreement with an attachment, Exhibits A, B, and C, dated September 12, 2023 as presented by
JEO Consulting Group, Inc.; and
WHEREAS, the City of Blair, Nebraska having been presented with the Engineering
Agreement with an attachment, Exhibits A, B, and C, dated September 12, 2023 for the Blair
Hollow Road Box Culvert Reconstruction Project by JEO Consulting Group, Inc. finds the
agreement is acceptable to the City of Blair.
NOW, THEREFORE, BE IT RESOLVED that the City of Blair, Nebraska having been
presented with the Engineering Agreement with an attachment, Exhibits A, B, and C, dated
September 12, 2023 for the Blair Hollow Road Box Culvert Reconstruction Project by JEO
Consulting Group, Inc., is hereby adopted and approved by the municipality and the Mayor and
City Cleric of the City of Blair are hereby authorized and directed to execute the same on behalf
of the municipality.
COUNCIL MEMBER SANDVOLD MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER PAULSEN.
UPON ROLL CALL, COUNCIL MEMBERS HIGHFILL, FERRARI, SANDVOLD, WILLIS,
WOLFF, ANDERSEN, PAULSEN AND HAFER VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING `NAY", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS IOTH DAY OF OCTOBER, 2023.
ATTEST:
CITY OF BLAIR, NEBRASKA
C .�
INDA KLT�&-,(VTA'�OR
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9
WHEELER, CITY CLERK
) ss:
WASHINGTON COUNTY )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City, held on the 10th day of
October, 2023.
t
BRENDA WHEELER, CITY CLERK
2
AGREEMENT
,h BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of September 12, 2023 between The 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 Hollow Road Box Culvert Reconstruction Design ("Project").
JEO Project Number: 230948.01
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 as set forth in Exhibit A and per the terms in Exhibit B.
B. The fee for the Project is: $77,715.00 (Seventy-seven thousand Seven hundred Fifteen and 00/100 dollars)
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
Exhibit C — Project Survey Limits
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.
Title: Mayor
Date Signed:_ ,
Address for giving notices:
City of Blair City Hall
218 S. 16th Street
Blair NE 68008
Page 2 of 2
Ena' eer: ,CEO ��otisu ' roup, Inc.
Jon Mooberr
Title: Transportation Senior Project Manager
Date Signed: 8/28/2023
Address for giving notices:
JEO Consulting Group, Inc.
1937 North Chestnut Street
Wahoo NE 68066
PROJECT DESCRIPTION:
SCOPE OF SERVICES:
Exhibit A
The City of Blair, Nebraska currently needs to replace an existing reinforced concrete box culvert along
South Creek approximately 500 feet west of the intersection of Hollow Road and South Highway 30 in
Blair. The existing structure has been inspected and was found to be in very poor structural condition.
Site evaluations noted erosion and scour issues, as well as potential issues involving seepage poor soils.
The existing structure is within the effective Zone AE floodway of South Creek and therefore is subject to
associated floodplain regulations, most notably a 100 -year no -rise analysis upstream of the culvert
crossing.
This project will consist of surveying, geotechnical investigation, hydrology and hydraulic analysis,
roadway design, coordination with Nebraska Department of Transportation (NDOT) for box culvert
design, environmental services, and bid phase services.
1 PROJECT MANAGEMENT
1.1 Set-up project and attend meetings for the design and construction administration as outlined in
tasks 2 through 7 below. This task will consist of the following:
1.1.1 Project Activation — Once a copy of executed contract is received and notice to proceed
(NTP) is issued by the client, enter contract information into accounting system.
1.1.2 Project Initiation/Kick-off Meeting — Meet with the Owner for one (1) Project Kickoff
Meeting to review project requirements, collect existing information, and review
available data pertaining to the existing storm sewer utility. Existing data may include
maps, GIS data, project histories, prior reports, prior field investigation data, existing as -
built or previous design information, and other pertinent records. It is also anticipated
that a discussion of known issues with the storm sewer infrastructure (structural
condition etc.) will take place at this time. (location to be determined).
1.1.3 Project Coordination - Coordination of project disciplines including facilitating internal
communication, transfer of documents, and scheduling of field services to minimize
errors and delays in the development of modeling, reports, and correspondence to
ensure a timely project completion.
1.1.4 Project Tracking — Includes internal bi-weekly meetings, weekly budget review, monthly
billing, and periodic project updates to the Owner to ensure project stays on schedule
and is invoiced accurately.
2 TOPOGRAPHIC SURVEY
2.1 Engineer will schedule and obtain a topographic survey containing the following:
2.1.1 Survey the locations of all visible physical features (concrete, asphalt, gravel, rock,
driveways, sidewalks, trees/treelines, utility poles, valves, manholes, signs, drainage
structures, curb stops, water meter pits, terrain profiles, etc.).
2.1.2 Collect available utility location information and incorporate on preliminary plans (gas,
telephone, electric, water, sanitary sewer, storm sewer, communications, etc.).
Exhibit A: Page 1 of 6
2.1.3 Create an electronic drawing using AutoCAD illustrating elevations, site features, and
existing utilities resulting from the surveys performed.
2.1.4 Survey limits will be as shown on Exhibit C.
3 GEOTECHNICAL INVESTIGATION
3.1 Obtain Geotechnical Services which includes two (2) test borings, soil samples, and a geotechnical
report for Engineering Design.
4 HYDROLOGY & HYDRAULIC ANALYSIS
4.1 JEO will request the effective floodplain model for South Creek from the Papio Missouri NRD,
Nebraska Department of Natural Resources, or FEMA. It is assumed that this model will be
provided, if not additional services may be required.
4.2 Once obtained, JEO will review the existing model for its suitability for evaluation purposes. No
issues with the existing model are anticipated, and it is assumed that this model will become the
baseline model to evaluate replacement options.
4.3 JEO will analyze and size for full replacement structure:
4.3.1 Full replacement of existing structure with a similar sized Concrete Box Culvert
4.3.2 If no -rise requirements cannot be met with a similar sized structure, JEO will coordinate
with the City and evaluate one alternative option.
4.4 Conduct and attend one (1) review meeting with Owner's Staff to discuss hydrology & hydraulic
model results and identified deficiencies in the existing storm sewer system. It is anticipated that
potential improvement recommendations will be reviewed at this time as well. It is anticipated that
this meeting would be held virtually.
4.5 Following the meeting, JEO will summarize its findings into a Technical Memorandum outlining the
Hydrologic and Hydraulic modeling conducted as part of this project. This memo will also outline
potential permitting requirements necessary for repair or replacement,
5 FINAL DESIGN
5.1 Prepare engineering design plans and specifications referencing the 2020 City of Omaha Standard
Specifications for Public Works Construction and City of Omaha Standard Plates. Plans to include:
5.1.1 Cover Sheet
5.1.2 General Notes & Summary of Quantities Sheet
5.1.3 Typical Sections Sheet
5.1.4
Horizontal Alignment & Survey Control Sheet
5.1.5
Phasing Plans
5.1.6
Plan & Profile Sheet
5.1.7
Removal Plan
5.1.8
Construction Plan
5.1.9
Grading & Drainage Plan
5.1.10
Drainage Profiles Sheet
5.1.11
Detail Sheet
5.1.12
Right -of -Way Plans
5.1.13
Roadway Cross Sections
Exhibit A: Page 2 of 6
5.2 Prepare Opinion of Probable Cost (OPC)
5.2,1
OPC will be prepared at the following project milestones:
5.2.1.1
60% Design
5.2.1.2
90% Design
5,2,1.3
Final/100% Design
5,3 Structural Design Special Plans Preparation
5.3.1
Preparation of the culvert replacement design is anticipated to be performed by NDOT
Special Plan Services.
5.3.1.1
JEO staff will coordinate with NDOT staff on preparation of this design.
5,4 Plan submittals and reviews
5.4.1
Internal QA/QC review for each submittal.
5.4.2
Prepare one (1) electronic copy (PDF) for submittal at 60% and 90% design milestones to
the Owner for review (2 -week review period).
5.4.3
Conduct review meeting after 60% and 90% design milestone Owner reviews (location
to be determined).
5.4.4
Revise plans per Owner's review comments after each design milestone.
5.4.5
Final/100% Plan Submittal - Prepare one (1) electronic copy (PDF) for submittal to the
Owner sealed & signed by a professional engineer licensed by the State of Nebraska.
6 ENVIRONMENTAL SERVICES
6.1 U.S, Army Corps of Engineers (USACE) Section 404 Permitting
6.1.1
Perform a wetland delineation at the select location in accordance with the 1987 USACE
Wetlands Delineation Manual and the Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Midwest Region (Version 2.0).
6.1.2
Compile and analyze field data and prepare a wetland delineation report that includes:
6.1.2.1
Site Map
6.1.2.2
Summary of desktop review
6.1.2.3
Identification and mapping boundaries for all recorded Waters of the U.S. (WOUS)
and wetlands
6.1.2.4
Calculation of acreage of, and impacts to, WOTUS, including wetlands (to the
nearest 0.01 acre)
6.1.2.5
Photographs of each sample point and all WOTUS, including wetlands
6.1.2.6
USACE Wetland Determination Data Forms
6.1.3
Prepare and submit a pre -construction notification (i.e., permit application) package to
the USACE to obtain a Section 404 authorization via Nationwide Permit (NWP).
6.1.4
Although it is anticipated that permanent, unavoidable impacts to wetlands will be less
than 0.1 acre, thus avoiding the requirement for compensatory mitigation, this may
change based on the results of the wetland delineations, project design, or USACE
determination.
6,1.5
Stream mitigation is required for projects that will cause stream bed losses exceeding
0,03 acres. To facilitate 404 permitting requirements, JEO will obtain stream assessment
data during the wetland delineation field visit that is needed to complete a Nebraska
Stream Condition Assessment Procedure (NeSCAP). If stream bed losses exceed 0,03
acres, it is anticipated that the NeSCAP will indicate stream conditions will not be
reduced as a result of the project, thus, it is anticipated no additional compensatory
mitigation will be necessary, If compensatory mitigation is needed or USACE requires
Exhibit A: Page 3 of 6
additional information not included in this scope of services, JEO will work with the
Owner to determine an appropriate amendment.
7 BIDDING & NEGOTIATION
7.1 Provide assistance with authorizing the advertisement for bids and setting the bid date and time.
7.2 Send Notice to Bidders to Contractors, Builder Bureaus and Plan Rooms.
7.3 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.
7.4 Respond to inquiries from prospective bidders and prepare any addenda required.
7.5 Assist the Owner in securing construction bids for the project.
7.6 Conduct the bid opening and ensure proper rules are followed and adhered to during the process to
ensure all requirements of State and Federal law are fulfilled. One (1) meeting (in Blair)
7.7 Tabulate and analyze construction bids and report on them to the Owner, along with a
recommendation to the Owner for award of the construction contract.
7.8 Prepare and submit necessary information to the Owner for project award approval.
7.9 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.
7.10 Provide copies of all executed Contract Documents to the Owner and Prime Contractor(s).
8 OWNER RESPONSIBILITIES
8.1 Provide timely review of documents or requests for information.
8.2 Provide access to property to conduct proposed services.
8.3 Provide contact information for utility companies within the right-of-way along the project route.
8.4 Assist with utility conflict resolution and provide additional utility record information, as needed.
8.5 Assist with any stakeholder issues that arise.
8.6 Provide ROW/Easement acquisition services and/or securing right of entry for Contractor to
complete work, if needed.
9 FEE
9.1 JEO proposes to provide the services defined above for the fees defined below:
Task No. Task Fee Type Fee
1
Project Management
Lump Sum
$
6.540.00
2
Topographic Survey
Lump Sum
$
5,890.00
3
Geotechnical Investigation
Lump Sum
$
6,270.00
4
Hydrology & Hydraulic Analysis
Lump Sum
$
7,885.00
5
Final Design
Lump Sum
$
42,555.00
6
Environmental Services
Lump Sum
$
5,000.00
7
Bidding & Negotiation
Lump Sum
$
3,575.00
TOTAL (Not to Exceed)
$
77,715.00
Exhibit A: Page 4 of 6
10 PROGRESS PAYMENTS
10.1.1 JEO will bill for services completed near the end of each month. All invoices are due
payable upon receipt and are considered delinquent after 30 days.
10.1.2 Invoices not paid within 30 days may be charged interest at the annual rate of 12%
(1.0%/month).
10.1.3 Payments will be applied first to the interest then principal.
10.1.4 Work by JEO will cease if invoices have not been paid in full within 60 days and will not
begin again until full payment with interest has been received.
11 CONTRACT TIME
11.1 JEO proposes to provide the services defined above at the tentative schedule shown below:
Milestone Date
60% Plan Submittal October 31, 2023
90% Plan Submittal November 28, 2023
100% Plan Submittal December 19, 2024
Bid Letting To be determined
Construction Start To be determined*
*Tree removals to be completed prior to April 1, 2024
11.2 JEO will work as expeditiously as possible, pending authorization from Owner to complete the tasks
in this project.
11.3 Construction Phase of Infrastructure — Anticipated 3 -month duration starting date for the civil
infrastructure (storm sewer, paving, and grading).
11.4 SWPPP Phase — Anticipated 3 -month duration starting date.
11.5 If the Basic Services (Tasks 1 through 7 bidding) covered by this Agreement have not been
completed by December 1, 2023, through no fault of JEO, extension or adjustment of JEO's services
beyond that time shall be compensated as additional services.
11.6 The information in this proposal and fee estimate is valid until March 15, 2023. After that time, the
scope of services and estimated are subject to adjustment.
12 EXCLUSIONS
12.1 Environmental services not outlined in the scope of services including the following:
12.1.1 Delineation of WOTLIS, including wetlands, outside of the identified study area.
12.1.2 Compensatory mitigation (mitigation plan, design, construction, seeding, or monitoring).
12.1.3 Other biological surveys or compliance with other agency requests.
12.1.4 Development of Habitat Conservation Plan documents.
12.1.5 Endangered and/or threatened species-specific surveys
12.1.6 Floodplain permitting.
12.1.7 NPDES permitting/compliance.
12.1.8 Additional revisions and resubmittals beyond those mentioned above.
12.2
Preliminary and final plats
12.3
Phase I or II ESA
12.4
Site design of utilities and streets
12.5
Bridge design and detailing.
Exhibit A: Page 5 of 6
12.6 SWPPP design/preparation
12.7 Joint Layout design
12.8 Property title searches or title commitments
12.9 Costs for additional insurance requirements or increased limits of coverage
12.10 Traffic study
12.11 Attendance at City Planning Commission and City Council meetings, and other meetings not outlined
in the scope of services
12.12 Retaining wall design, if needed
12.13 Review fees associated with building permits, etc.
12.14 Permit fees, if any
12.15 Preparation of construction contracts with selected contractors
12.16 Landscaping design
12.17 Construction administration, staking, and observation exceeding the above scope of services based
on final plans and contract times for completing construction.
12.18 Environmental reviews and/or studies not outlined in scope of services.
12.19 Any permit fees associated with permit applications.
12.20 Special meetings and meetings not outlined in the Scope of Services.
12.21 Material testing during construction (To be completed by others under separate agreement).
12.22 GIS or Electronic as -built file data for updating of GIS records (Can be provided via supplement).
12.23 SWPPP administration, monitoring, and inspections outside of the estimated construction
timeframe for completion.
12.24 Meeting not outlined in scope of services
12.25 Any other item not outlined in the scope of services
13 REIMBURSABLE EXPENSES
13.1 Typical reimbursable expenses are included in the lump -sum and cover: mileage for trips required to
complete the work defined above, long-distance phone calls, meals, other travel expenses,
software, copies/prints, and faxes.
14 ADDITIONAL TERMS
14.1 The General Conditions are specified in Exhibit B.
Exhibit A: Page 6 of 6
JEO Ell
j 1 JEO "I lehfi'
1. SCOPE OF SERVICES: JEO Consulting Group, Inc.
(JEO) shall perform the services described in Exhibit A. JEO
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 JEO 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 JEO, 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 by law.
If the owner fails to make any payment due to JEO for services
and expenses within 30 days after receipt of JEO's statement,
JEO 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
Page 1 of 2 — Revision 2
Exhibit B
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.
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.) by the 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.
JEO 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 JEO 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
Iq
I Hi1 n � 4
harmless and their respective officers, directors, partners,
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 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
R. 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
fl. 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.
I. The owner shall reimburse JEO for any additional limits or
coverages that the owner requires for the project.
12. TERMINATION: This agreement may be 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 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 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.
1s. 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, at 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.
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