RES 2022-0498 - PSA with JEO Consulting Group for on-call professional engineering on-call design and technical supportG.Standard of Care.The standard of care applicable to Provider's Services will be the degree of
skill and diligence normally employed by professional engineers or consultants performing the
same or similar Services at the time said services are performed.Provider will re-perform any
services as defined in Exhibit “B” not meeting this standard without additional compensation.
H.Subsurface Investigations.In soils,foundation,groundwater,and other subsurface investigations,
the actual characteristics may vary significantly between successive test points and sample
intervals and at locations other than where observations,exploration,and investigations have been
made.Because of the inherent uncertainties in subsurface evaluations,changed or unanticipated
underground conditions may occur that could affect total PROJECT cost and/or execution.These
conditions and cost/execution effects are not the responsibility of Provider.
I.Provider's Personnel at Construction Site (where applicable)
i.The presence or duties of Provider's personnel at a construction site,whether as onsite
representatives or otherwise,do not make Provider or Provider's personnel in any way
responsible for those duties that belong to City and/or the construction contractors or
other entities,and do not relieve the construction contractors or any other entity of their
obligations,duties,and responsibilities,including,but not limited to,all construction
methods,means,techniques,sequences,and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the construction
Contract Documents and any health or safety precautions required by such construction
work.
ii.Provider and Provider's personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their work
or any health or safety precautions and have no duty for inspecting the health or safety
deficiencies of the construction contractor(s)or other entity or any other persons at the
site except Provider's own personnel.
iii.The presence of Provider's personnel at a construction site is for the purpose of providing
to City a greater degree of confidence that the completed construction work will conform
generally to the construction documents and that the integrity of the design concept as
reflected in the construction documents has been implemented and preserved by the
construction contractor(s).Provider neither guarantees the performance of the
construction contractor(s)nor assumes responsibility for construction contractor's failure
to perform work in accordance with the construction documents.
For this AGREEMENT only,construction sites include places of manufacture for materials
incorporated into the construction work,and construction contractors include manufacturers of
materials incorporated into the construction work.
J.Construction Progress Payments.Where construction phase services are provided;
recommendations by Provider to City for periodic construction progress payments to the
construction contractor(s)will be based on Provider's knowledge,information,and belief from
selective sampling that the work has progressed to the point indicated.Such recommendations
do not represent that continuous or detailed examinations have been made by Provider to
ascertain that the construction contractor(s)have completed the work in exact accordance with
the construction documents;that the final work will be acceptable in all respects;that Provider
has made an examination to ascertain how or for what purpose the construction contractor(s)
have used the moneys paid;that title to any of the work,materials,or equipment has passed to
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City free and clear of liens,claims,security interests,or encumbrances;or that there are no other
matters at issue between City and the construction contractors that affect the amount that should
be paid.
K.Record Drawings.Record drawings,if required,will be prepared,in part,on the basis of
information compiled and furnished by others,and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally constructed.
Provider is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
III.DUTIES OF CITY
A.City designates Brian Lodes,whose business address and phone number are 1819 Farnam
Street,Suite 600,Omaha,Nebraska 68183,402-444-5106 as its contact person for this
project,who shall provide a notice to proceed and such other written authorizations as are
necessary to commence or proceed with the project and various aspects of it.
B.City Furnished Data.Upon request,City will provide to Provider all available/known data in
City's possession relating to Provider's services on the PROJECT.Provider will reasonably
rely upon the accuracy, timeliness, and completeness of the information provided by City.
C.Access to Facilities and Property.City will make its facilities accessible to Provider as
required for Provider's performance of its services.
D.Advertisements,Permits,and Access.Unless otherwise agreed to in the Scope of Services,
City will obtain,arrange,and pay for all advertisements for bids;permits and licenses
required by local,state,or federal authorities;and land,easements,rights-of-way,and access
necessary for Provider's services or PROJECT construction.
E.Prompt Notice.City will give prompt written notice to Provider whenever City observes or
becomes aware of any development that affects the scope or timing of Provider's Services,or
of any defect in the work of Provider or construction contractors.
F.Asbestos or Hazardous Substances.
1)If asbestos or hazardous substances in any form are encountered or suspected,Provider
will stop its own work in the affected portions of the PROJECT to permit testing and
evaluation.
2)If asbestos is suspected,Provider will,if requested and if Provider has the knowledge,
skills and ability,manage the asbestos remediation activities using a qualified
subcontractor at an additional fee and contract terms to be negotiated.
3)City recognizes that Provider assumes no risk and/or liability for a waste or hazardous
waste site originated by other than Provider.
G.Litigation Assistance.The Scope of Services does not include costs of Provider for required
or requested assistance to support,prepare,document,bring,defend,or assist in litigation
undertaken or defended by City.All such Services required or requested of Provider by City,
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except for suits or claims between the parties to this AGREEMENT, will be reimbursed as
mutually agreed.
IV. COMPENSATION AND PAYMENT
A. The cost of services as specified in the Scope of Service, shall be performed on an hourly
basis, but in no event shall it exceed $99,465.00. Detailed breakdown of costs shall be shown
in Exhibit “C”.
B. Reimbursable expenses shall be billed to the City by the Provider. Invoices billed to the City for
services by the Provider shall be limited to services performed within a single calendar year. For
agreements which span multiple calendar years, invoicing shall be separated between calendar
years. Year-end invoices (for services through December 31 of a given calendar year) shall be
submitted to the City no later than January 31 of the following calendar year. After review and
approval, City shall provide payment for reimbursable expenses on a monthly basis unless the
parties agree to some other schedule. Provider shall pay any suppliers or sub-contractors within
30 days of receipt of reimbursement from the City.
C. Errors and Omissions. Additional work that is required to be performed by Provider that is a
result of errors or omissions by Provider shall not be compensated by City.
D. INCREASE OF FEES
The parties hereto acknowledge that, as of the date of the execution of the Agreement,
Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to
contracts or purchases which taken alone increase the original fee as awarded (a) by ten
percent, if the original fee is one hundred fifty thousand dollars ($150,000) or more, or (b) by
seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in
advance of the acceptance of any purchase in excess of such limits. However, neither contract
nor purchase amendments will be split to avoid advance approval of the City Council.
The originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City Council.
The provisions of this section will be quoted in all future City contracts. Nothing in this
section is intended to alter the authority of the Mayor under section 5.16 of the Charter to
approve immediate purchases.
V. OWNERSHIP OF INSTRUMENTS OF SERVICE
The City acknowledges the Provider’s documents, including electronic files, as instruments of
professional service. Nevertheless, upon completion of the services and payment in full of all
monies due to the Provider, the final documents prepared under this Agreement shall become the
property of the City. The City shall not reuse on another Project or make any modifications to the
documents without prior written authorization of the Provider. The City agrees, to the fullest extent
permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees
and subconsultants (collectively, Provider) against any damages, liabilities or costs, including
reasonable attorneys’ fees and defense costs, arising from or in any way connected with the
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unauthorized reuse or modification of the documents by the City,regardless of whether such reuse
or modification is for use on this Project or another Project
VI.ADDITIONAL SERVICES
In the event additional services for the aforementioned Project not covered under this Agreement
are required, the Provider agrees to provide such services at a mutually agreed upon cost.
VII.INSURANCE REQUIREMENTS
The Provider shall carry professional liability insurance in the minimum amount of one half million
dollars and shall carry workers’compensation insurance in accordance with the statutory
requirements of the State of Nebraska.
VIII.INDEMNIFICATION
The Provider agrees,to the fullest extent permitted by law,to indemnify,defend and hold harmless
the City,its officers,directors and employees (collectively,City)against all damages,liabilities or
costs,including reasonable attorney’s fees and defense costs,to the extent caused by the Provider ’s
negligent performance of professional services under this Agreement and that of its subconsultants
or anyone for whom the Provider is legally liable;provided,that with respect solely to the said duty
to defend,such duty of the Provider to defend shall arise only if,and to the extent,such duty is
covered by Provider’s liability insurance.The City agrees,to the fullest extent permitted by law,to
indemnify and hold harmless the Provider,its officers,directors,employees and subconsultants
(collectively,Provider)against all damages,liabilities or costs,including reasonable attorney’s fees
and defense costs in connection with the Project,to the extent caused by the City’s negligent acts or
the negligent acts of anyone for whom the City is legally liable.Neither the City nor the Provider
shall be obligated to indemnify the other party in any matter whatsoever for the other party’s own
negligence.The Provider shall not be liable for any loss of profit,loss of business or any incidental,
special, indirect or consequential losses.
IX.TERMINATION OF AGREEMENT
Either party may terminate this Agreement without cause upon fifteen (15)days’notice in writing.
If either party breaches this Agreement,the non-defaulting party may terminate this Agreement
after giving seven (7)days’notice to remedy the breach.On termination of this Agreement,the City
shall forthwith pay Provider for the services performed to the date of termination and all finished or
unfinished documents,data surveys,studies,drawings,maps,models,reports or photographs shall
become, at the City’s option, its property.
X.GENERAL CONDITIONS
A.Non-discrimination.Provider shall not,in the performance of this Agreement,discriminate
or permit discrimination in violation of federal or state laws or local ordinances because of
race,color,creed,religion,sex,marital status,sexual orientation,gender identity,age,or
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disability as recognized under 42 USCS 12101 et seq.and Omaha Municipal Code section
13-89,race,color,creed,religion,sex,marital status,sexual orientation,gender identity,
national origin, age, or disability.
B.Captions.Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
C.Applicable Laws.Parties to this Agreement shall conform with all existing and applicable
City ordinances,resolutions,state laws,federal laws,and existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
D.Interest of the City.Pursuant to Section 8.05 of the Home Rule Charter,no elected official or
any officer or employee of the City shall have a financial interest,direct or indirect,in any
City Agreement.Any violation of this section with the knowledge of the person or
corporation contracting with the City shall render the Agreement voidable by the Mayor or
Council.
E.Interest of the Provider.The Provider covenants that he presently has no interest and shall not
acquire any interest,direct or indirect,which would conflict with the performance of services
required to be performed under this Agreement;he further covenants that in the performance
of this Agreement, no person having any such interest shall be employed.
F.Authorization to Proceed.Execution of this AGREEMENT by City will be authorization for
Provider to proceed with the work, unless otherwise provided for in this AGREEMENT.
G.Force Majeure.Provider is not responsible for damages or delay in performance caused by
acts of God,strikes,lockouts,accidents,or other events beyond the control of Provider.In
any such event, Provider ’s contract price and schedule shall be equitably adjusted.
H.Intellectual Property.City acknowledges and agrees that in the performance of the
development service,Provider may utilize its proprietary data,concepts,methods,techniques,
processes,protocols,ideas,inventions,know-how,trade secrets,algorithm,software,works
of authorship,software and hardware architecture,databases,tools,other background
technologies and standards of judgment that Provider developed or licensed from third parties
prior to the Effective Date (the “Pre-Existing Technology”).
Subject to the terms and conditions of this AGREEMENT,Provider hereby grants to City a
non-exclusive,non-transferable,royalty-free license under Provider ’s Intellectual Property
Rights to utilize the Pre-Existing Technology for the purpose of the City Project.
City shall not,and shall not allow any third party to:(i)modify or otherwise create derivative
works of the Pre-Existing Technology;(ii)use the Pre-Existing Technology for any other
purpose,other than the City Project;(iii)make,have made,use,reproduce,license,display,
perform,distribute,sell,offer for sale,service,support,or import any product that
incorporates,embodies and/or is based upon the Pre-Existing Technology;(iv)sublicense,
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distribute or otherwise transfer to a third party any of the Pre-Existing Technology by itself or
as incorporated into software or hardware;or (v)reverse engineer,disassemble,decompile or
attempt to derive the source code or underlying ideas or algorithms of the Pre-Existing
Technology. Any additional use of the Pre-Existing Technology shall require a separate
written license agreement.
I.Suspension,Delay,or Interruption of Work.City may suspend,delay,or interrupt the
Services of Provider for the convenience of City.In such event,Provider's contract price and
schedule shall be equitably adjusted.
J.No Third Party Beneficiaries.This Agreement gives no rights or benefits to anyone other
than City and Provider and has no third- party beneficiaries.
K.Merger.This Agreement shall not be merged into any other oral or written agreement,lease,
or deed of any type. This is the complete and full Agreement of the parties.
L.Modification.This Agreement contains the entire Agreement of the parties.No
representations were made or relied upon by either party other than those that are expressly
set forth herein.No agent,employee,or other representative of either party is empowered to
alter any of the terms hereof unless done in writing and signed by an authorized officer of the
respective parties.
M.Assignment.The Provider may not assign its rights under this Agreement without the
express prior written consent of the City.
N.Strict Compliance.All provisions of this Agreement and each and every document that shall
be attached shall be strictly complied with as written,and no substitution or change shall be
made except upon written direction from authorized representative.
O.LB 403 Contract Provisions.-NEW EMPLOYEE WORK ELIGIBILITY STATUS -The
Contractor is required and hereby agrees to use a federal immigration verification system to
determine the work eligibility status of new employees physically performing service within
the State of Nebraska.A federal immigration verification system means the electronic
verification of the work authorization program authorized by the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996,8 U.S.C.1324a,known as 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.
If the Contractor is an individual or sole proprietorship,the following applies:1.The
Contractor must complete the United States Citizenship Attestation Form,available on the
Department of Administrative Services website at www.das.state.ne.us 2.If the Contractor
indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to
provide the US Citizenship and Immigration Services documentation required to verify the
Contractor ’s lawful presence in the United States using the Systematic Alien Verification for
Entitlements (SAVE)Program.3.The Contractor understands and agrees that lawful presence
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in the United States is required and the Contractor may be disqualified or the contract
terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.
P.Certificate of Authorization.If this Agreement contemplates the performance of professional
architecture or engineering work by the Provider,the Provider shall provide to the City,and
maintain in good standing,a current Certificate of Authorization from the State of Nebraska
as required by Neb. Rev. Stat. section 81-3436.
Q.Debarment or suspension by any federal agency.(This section applies if any part of this
Agreement is funded by a federal agency.)Office of Management and Budget (OMB)guidelines
require that any individual or entity that has been placed on the Excluded Parties List System
(“EPLS”-available for review through www.sam.gov)may not be a participant in a federal
agency transaction that is a covered transaction or act as a principal of a person participating in
one of those covered transactions.These guidelines apply to covered transactions under a grant
from any federal agency for which a recipient expects to receive reimbursement for expenditures
incurred or an advance on future expenditures.
The Contractor providing goods and/or services to the City of Omaha certifies,by acceptance
and execution of this Agreement,that neither it nor its principals are presently debarred,
suspended,proposed for debarment,declared ineligible,or voluntarily excluded from
participation in this transaction by any federal department or agency.The Contractor further
agrees,by accepting and executing this Agreement,that it will include this clause without
modification in all lower tier transactions,solicitations,proposals,contracts,and
subcontracts.Where the Contractor or any lower tier participant is unable to certify this
statement, it shall attach an explanation to this Agreement.
R.Contract Compliance Ordinance No. 35344, Section 10-192 Equal Employment Opportunity
Clause.
During the performance of this contract, the Contractor agrees as follows:
1)The Contractor shall not discriminate against any employee or applicant for employment
because of race,color,creed,religion,sex,marital status,sexual orientation,gender
identity,national origin,age,or disability.The Contractor shall ensure that applicants are
employed and that employees are treated during employment without regard to their race,
color,creed,religion,sex,marital status,sexual orientation,gender identity,national
origin,age,or disability.As used herein,the word “treated”shall mean and include,
without limitation,the following:recruited,whether by advertising or by other means;
compensated;selected for training,including apprenticeship;promoted;upgraded;
demoted;downgraded;transferred;laid off;and terminated.The Contractor agrees to and
shall post in conspicuous places,available to employees and applicants for employment,
notices to be provided by the contracting officers setting forth the provisions of this
nondiscrimination clause.
2)The Contractor shall,in all solicitations or advertisements for employees placed by or on
behalf of the Contractor,state that all qualified applicants will receive consideration for
employment without regard to race,color,creed,religion,sex,marital status,sexual
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orientation, gender identity, national origin, age, or disability.
3)The Contractor shall send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding a notice advising
the labor union or worker ’s representative of the Contractor ’s commitments under the
Equal Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees and applications for employment.
4)The Contractor shall furnish to the Human Rights and Relations Director all Federal
forms containing the information and reports required by the Federal government for
Federal contracts under Federal rules and regulations,and including the information
required by Sections 10-192 to 10-194,inclusive,and shall permit reasonable access to
his records.Records accessible to the Human Rights and Relations Director shall be those
which are related to Paragraphs (1) through
(7)of this subsection and only after reasonable notice is given the Contractor.The
purpose for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
5)The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing provisions of Paragraphs (1)through (7)herein,including
penalties and sanctions for noncompliance;however,in the event the Contractor becomes
involved in or is threatened with litigation as the result of such directions by the City,the
City will enter into such litigation as necessary to protect the interests of the City and to
effectuate the provisions of this division;and in the case of contracts receiving Federal
assistance,the Contractor or the City may request the United States to enter into such
litigation to protect the interests of the United States.
6)The Contractor shall file and shall cause his subcontractors,if any,to file compliance
reports with the Contractor in the same form and to the same extent as required by the
Federal government for Federal contracts under Federal rules and regulations.Such
compliance reports shall be filed with the Human Rights and Relations Director.
Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the Contractor and his
subcontractors.
7)The Contractor shall include the provisions of Paragraphs (1)through (7)of this Section,
“Equal Employment Opportunity Clause”,and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
S.Conflict. In the event of any conflict between this Agreement and any of the exhibits attached
hereto, the terms of this Agreement shall take precedence.
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EXHIBIT “A”
RESERVED
EXHIBIT “B”
SCOPE OF SERVICES
EXHIBIT B:
CONSULTANT (herein after referred to “Provider”) will perform Design Review and Technical
Support Services as requested by the CITY on an on-call basis. Services shall include the review
of plans and submittals received by the City. The scope of work can include, but is not limited to,
Post Construction Stormwater Manage Plans (PCSMP's), Stormwater Pollution Prevention Plans
(SWPPP's), Sanitary and Improvement District plan reviews (SID's), sanitary sewer plans and
studies, storm sewer plans and drainage studies, and general plan set reviews.
The City will electronically supply and notify the Provider PDF copies of the documents for
review. Upon receipt from the Provider, the City will review and route the comments through
the appropriate channels for implementation. Any comment revisions, updates or additions by
the City will be sent to the Provider for reference and included in the comments returned to the
design consultant. Upon resubmittal by the design consultant, an updated set of PDF documents
will be sent to the Provider for review and comment as needed.
It is expected that all reviews shall be completed within 10 business days of receipt of the
documents or a mutually agreed upon time period. If at any time this schedule cannot be met,
the Provider shall provide notice to the City.
The work shall be performed and documents reviewed in accordance with all local, state and
federal requirements. The Provider shall have a firm grasp and understanding of the current
versions of the City of Omaha Standard Plates, The City of Omaha Standard Specifications for
Construction, The City of Omaha Municipal Code, the City of Omaha Wastewater Collection
System Design Manual, and the Omaha Regional Stormwater Design Manual.
Provider will deliver Design Review and Technical Support Services on an hourly bases in
accordance with the attached Standard Hourly Rate Schedule, as seen in Exhibit C. The Provider
will track hours on a per-submittal basis on each invoice.
If the Provider identifies a conflict of interest in reviewing a submittal, the Provider is to notify
the City as soon as possible.
EXHIBIT “C”
BREAKDOWN OF COST
Design Review & Technical Support Services
JEO #220682.00
Water Res.Env. Services
PM Planner Admin Clerical LS Traffic Eng PE Sr. PE Env. Scientist
$ 200.00 $ 225.00 $ 85.00 $ 150.00 $ 230.00 $ 145.00 $ 145.00 $175.00
Task A: Plan review assistance
1 Post-Construction Stormwater Management Plans 23,750.00$ 125 75 50
2 Stormwater Pollution Prevention Plans 19,000.00$ 100 60 40
3 SID Plan Reviews 52,915.00$ 283 200 4 19 20 40
4 Misc. Assistance 3,800.00$ 19 19
Total Task Hours 527 354 4 19 0 20 0 40 90
Total Task Fee 99,465.00$ 70,800.00$ 900.00$ 1,615.00$ -$ 4,600.00$ -$ 5,800.00$ 15,750.00$
Exhibit "C"
SurveyPlanning Transportation/Traffic
Total Task
JEO Total
SubTask
Total Task
Hours
Total Sub-Task
Hours
JANUARY 1, 2022
JEO CONSULTING GROUP INC.
CURRENT HOURLY RATE SCHEDULE RANGE
ACTUAL HOUR BASIS
Project Managers:$145.00 -$295.00
Project Engineers/Architects:$130.00 -$245.00
Project Engineers (E.I.):$105.00 -$130.00
Designer:$140.00 -$215.00
Engineering/Surveying/
Architectural/Planning/GIS Technicians:
$85.00 -$150.00
Office/Administrative:$75.00 -$135.00
Principals:$230.00 -$350.00
NOTE: Cost of telephone calls, copying, postage, travel expenses, mileage, meals, lodging, etc.
are included in our hourly rates and fees, and not charged separately.