Keith County approves Oak Creek Engineering engagement for Lakeview West; attorney to revise indemnification language

The Keith County Board of Commissioners on Wednesday authorized an early-phase professional-services agreement with Oak Creek Engineering to begin surveying and preliminary scoping for the Lakeview West road project, with the county attorney directing changes to the contract’s indemnification language before final signature.

The agreement authorizes Oak Creek to start section-corner research, utility and right-of-way inquiries, drone photogrammetry and preliminary scoping to identify problem locations and the extent of right‑of‑way needs so the county will be ready if funding becomes available. "We want to be prepared for you if the funding sources ... come available," said Lance Harter, consulting engineer for Oak Creek Engineering.

The work the board approved is an early, hourly-rate phase rather than a fixed, all-in price; Oak Creek and county staff said an hourly approach avoids locking either party into a scope before subsurface and field unknowns are resolved. "This is just early phase, feeling out the project still because of the variables," Harter said.

County staff explained the immediate tasks are survey-heavy to take advantage of current low vegetation and produce accurate photogrammetry for preliminary road grades and sight‑distance checks. Commissioners and staff discussed the possibility of follow-up "boots on the ground" surveys around culverts and locations where overgrowth would reduce drone accuracy.

Commissioners noted the project likely will require interaction with the Nebraska Board of Classifications and Standards for any relaxation of county road standards; that board must meet with a quorum and can slow the process. "Those relaxation standards are very time consuming," one commissioner said. Staff said the preliminary survey and centerline profile would let the county present targeted issues to the state board rather than returning with fully developed plans that might be rejected for not meeting state expectations.

County Attorney Brandy (last name not stated on the record) raised concerns about the agreement’s indemnification and liability paragraphs, recommending the contract be revised so each party’s responsibilities were reciprocal and the engineer would be liable for claims arising from negligent acts or omissions by the engineer. "To that extent the indemnification needs to be adjusted a little bit," Brandy said, noting standard practice is to limit each party’s exposure to the extent caused by that party’s negligence.

The board voted to authorize the chair to sign the Oak Creek Engineering agreement contingent on the county attorney making the indemnification changes. The motion passed on a unanimous roll call. Commissioner Irvin made the motion; Commissioner Schroeder seconded.

Next steps recorded in the meeting: Oak Creek will begin right-of-way and utility research, schedule photogrammetry, and return to the board with a proposal for geotechnical work and more detailed design once the early-phase findings are available. Commissioners said they expect continued periodic updates and further approvals if the work approaches the board’s budgeted estimates.