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RES 2012-1322 - Agmt with Farris Engineering for OPW 52376, Papillion Creek WWTP boiler installation and upgrades • O OMAHA•Ne� • U `" ,s 4L Public Works Department 7 , .fi�.tU i „'11m+w dry' of., �+ Omaha/Douglas Civic Center s:;,, � �. �` € 1819 Farnam Street,Suite 601 z® Pl it ',7 October 2, 2012 � �/ �f 9 ' :3 Omaha,Nebraska 68183-0601 FA�yry` 0 4 (� . , (402)444-5220 4TBD FEeR�r { 1` Y l ,J` Fax(402)444-5248 MAW 14 City of Omaha E.it,AA Sr, Robert G.Stubbe,P.E. Jim Suttle,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with Farris Engineering for design, engineering and construction administration services on Project OPW 52376, being the Papillion Creek Wastewater Treatment Plant Boiler Installation and Upgrade. The attached agreement and resolution authorizes Farris Engineering to proceed with design work which will include the design, engineering and construction management for the installation of a new dual-fuel steam boiler, burner upgrades, and upgrades to equipment in the boiler room, as detailed in Exhibit B of the Agreement. Farris Engineering has agreed to perform the services in the attached agreement for a fee not to exceed $74,450.00, as detailed in Exhibit C, which is payable from the Sewer Revenue Improvements. Fund 21124, Capital Asset Replacement Program Organization 116913; Sewer Revenue Bonds will be issued to finance this project. Farris Engineering has filed the required Annual Contract Compliance Form-CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Res ectfully submitted, Refer to City Council for Consideration: 7-/z -// �� 4', 76' • /.2- Ro ert G. Stubbe, P.E. Date Mayor's Offic Date Public Works Director Approved as to Funding: Ap roved: Pam Spaccarotella Date Human Rights and Relations Date "95' Finance Director Department 1554htp 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 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. SIGN ALL COPIES Firm Brodart Co. By Athena Snook i(&ibyorTheiA Title Bid Correspondent CONTINUATION SHEET (5%Bid Bond is to be based Shipping to be included in the bid price. upon this amount) Questions regarding this bid should be directed to: Jerry Ziska at(402)444-5967 All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights& Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights& Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms N/A %Net 30 Firm: Brodart Co. Incorporated In: PA Delivery(or completion) Name: Athena Snook Signature: 3/5 Weeks ARO Title: Bid Correspondent Phone:888-820-4377 Fax:800-578-1064 ca en ar days following award Address: 100 North Rd/P0 Box 300 McElhattan, PA 17748 Street/P.O.Box City State Zip Email Address: supplies.quotes@brodart.com 320,000 332,500 OnSite Ud$ty Relocations not aooclatad with Site Utilities On site tltl5ty Relocations 1 Lump Sum $100,000.00 $100,000 3100,600 OOSite knprovemerds Signal Modllcatlen at 52nd St.and Amu Ave. 1 Lump Sum $10,000.00 310,000 501h Street Demo and Reconstruction 1300 SY $45.00 S50,500 5Mh Street knprovements I Lump Sum 5200,000.00 3200000 Miscellaneous Off-See Improvement Costs 1 Lump Sum 3100.000.00 $100,000 Sloan Sower tmpovemants 1 Lump Sum S75,003.00 375.000 $443,500 SITEWORK SUBTOTAL ' 34.077,370 Samara Subtotal 34.077.370 Contractor OFKP(14.5%) 3591219 • Comkgency(15%) 3611,603 . ,• , Engineering Fees $464,600 ' . . . • Land Acquisition 33.413000 " GRAND TOTAL 39,137.994 ' Option d Roeeta. 661 Co00,aeCaws aoe,w Ames a.4...b• pew,s Omar..NE Pea.I d 1 �A�n � n ^h�n.^^ -nelrn m ILU- ,Jdr m'6 OF 1 000000000000000001p 00100) 00)000)a)) 00) 0 1l m$ c 0 mrJm.O O O O O O 0 0 0 0 O O O O O O O T lI 5. € s 'si = O 0..N N U)CI V 0100 U)N.00h 0 0 0N .O N 1f1 r)Le) V 0 0 r, O O O N r '7 N a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u .1 PROFESSIONAL SERVICES AGREEMENT �BJ�'- THIS AGREEMENT is hereby made and entered into this ✓day ofiSt-p rher, 2012, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska(hereinafter referred to as the "City"), and Farris Engineering, Inc. (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. PROJECT NAME AND DESCRIPTION OPW 52376 Papillion Creek WWTP Boiler Installation and Upgrade • II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Proposal attached hereto, for the City, relative to the above-referenced project which is illustrated in Exhibit`B" attached hereto. Such services shall be completed within a 180 day period after receipt of a purchase order from the City. B. Provider designates Joe T. Hazel, PE whose business address and phone number is Farris Engineering, 11239 Chicago Circle, Omaha, NE, 68154, Phone: 402-330-5900 as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five(5)years after the expiration of this Agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers, employees, and subcontractors. E. Provider agrees to complete, within 180 calendar days of receipt of a purchase order from the City, the necessary services. The City recognizes that completion within this deadline is contingent upon timely response from utilities and City input. F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's Human Rights and Relations Department prior to signing the agreement. III. DUTIES OF CITY A. City designates Michael Oestmann whose business address and phone number are Facilities Management, 1523 South 24`h Street, Omaha, NE 68108 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. • I nce 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. SIGN ALL COPIES Firm Brodart Co. By Athena Snook i(&ibyorTheiA Title Bid Correspondent CONTINUATION SHEET (5%Bid Bond is to be based Shipping to be included in the bid price. upon this amount) Questions regarding this bid should be directed to: Jerry Ziska at(402)444-5967 All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights& Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights& Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms N/A %Net 30 Firm: Brodart Co. Incorporated In: PA Delivery(or completion) Name: Athena Snook Signature: 3/5 Weeks ARO Title: Bid Correspondent Phone:888-820-4377 Fax:800-578-1064 ca en ar days following award Address: 100 North Rd/P0 Box 300 McElhattan, PA 17748 Street/P.O.Box City State Zip Email Address: supplies.quotes@brodart.com 320,000 332,500 OnSite Ud$ty Relocations not aooclatad with Site Utilities On site tltl5ty Relocations 1 Lump Sum $100,000.00 $100,000 3100,600 OOSite knprovemerds Signal Modllcatlen at 52nd St.and Amu Ave. 1 Lump Sum $10,000.00 310,000 501h Street Demo and Reconstruction 1300 SY $45.00 S50,500 5Mh Street knprovements I Lump Sum 5200,000.00 3200000 Miscellaneous Off-See Improvement Costs 1 Lump Sum 3100.000.00 $100,000 Sloan Sower tmpovemants 1 Lump Sum S75,003.00 375.000 $443,500 SITEWORK SUBTOTAL ' 34.077,370 Samara Subtotal 34.077.370 Contractor OFKP(14.5%) 3591219 • Comkgency(15%) 3611,603 . ,• , Engineering Fees $464,600 ' . . . • Land Acquisition 33.413000 " GRAND TOTAL 39,137.994 ' Option d Roeeta. 661 Co00,aeCaws aoe,w Ames a.4...b• pew,s Omar..NE Pea.I d 1 �A�n � n ^h�n.^^ -nelrn m ILU- ,Jdr m'6 OF 1 000000000000000001p 00100) 00)000)a)) 00) 0 1l m$ c 0 mrJm.O O O O O O 0 0 0 0 O O O O O O O T lI 5. € s 'si = O 0..N N U)CI V 0100 U)N.00h 0 0 0N .O N 1f1 r)Le) V 0 0 r, O O O N r '7 N a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u 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 exceed $74,450.00. Detailed breakdown of costs shall be shown in Exhibit"C". B. Reimbursable expenses shall be billed to the City by the Provider. C. 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 construction 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 construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the prior written authorization of the t.: 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 unauthorized reuse or modification of the construction documents by the City, regardless of whether such reuse or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required, Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS 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. CONTINUATION SHEET (5%Bid Bond is to be based Shipping to be included in the bid price. upon this amount) Questions regarding this bid should be directed to: Jerry Ziska at(402)444-5967 All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights& Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights& Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms N/A %Net 30 Firm: Brodart Co. Incorporated In: PA Delivery(or completion) Name: Athena Snook Signature: 3/5 Weeks ARO Title: Bid Correspondent Phone:888-820-4377 Fax:800-578-1064 ca en ar days following award Address: 100 North Rd/P0 Box 300 McElhattan, PA 17748 Street/P.O.Box City State Zip Email Address: supplies.quotes@brodart.com 320,000 332,500 OnSite Ud$ty Relocations not aooclatad with Site Utilities On site tltl5ty Relocations 1 Lump Sum $100,000.00 $100,000 3100,600 OOSite knprovemerds Signal Modllcatlen at 52nd St.and Amu Ave. 1 Lump Sum $10,000.00 310,000 501h Street Demo and Reconstruction 1300 SY $45.00 S50,500 5Mh Street knprovements I Lump Sum 5200,000.00 3200000 Miscellaneous Off-See Improvement Costs 1 Lump Sum 3100.000.00 $100,000 Sloan Sower tmpovemants 1 Lump Sum S75,003.00 375.000 $443,500 SITEWORK SUBTOTAL ' 34.077,370 Samara Subtotal 34.077.370 Contractor OFKP(14.5%) 3591219 • Comkgency(15%) 3611,603 . ,• , Engineering Fees $464,600 ' . . . • Land Acquisition 33.413000 " GRAND TOTAL 39,137.994 ' Option d Roeeta. 661 Co00,aeCaws aoe,w Ames a.4...b• pew,s Omar..NE Pea.I d 1 �A�n � n ^h�n.^^ -nelrn m ILU- ,Jdr m'6 OF 1 000000000000000001p 00100) 00)000)a)) 00) 0 1l m$ c 0 mrJm.O O O O O O 0 0 0 0 O O O O O O O T lI 5. € s 'si = O 0..N N U)CI V 0100 U)N.00h 0 0 0N .O N 1f1 r)Le) V 0 0 r, O O O N r '7 N a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u VIII. INDEMNIFICATION The Provider agrees,to the fullest extent permitted by law,to indemnify and hold harmless the City, its officers, directors and employees(collectively, City)against all damages, liabilities or costs, including reasonable attorneys'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. 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 attorneys' 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 manner whatsoever for the other party's own negligence. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered 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, sex, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89,political or religious opinions,affiliations or national origin. 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. 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. be in effect for 24 months from the date received by the Human Rights& Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms N/A %Net 30 Firm: Brodart Co. Incorporated In: PA Delivery(or completion) Name: Athena Snook Signature: 3/5 Weeks ARO Title: Bid Correspondent Phone:888-820-4377 Fax:800-578-1064 ca en ar days following award Address: 100 North Rd/P0 Box 300 McElhattan, PA 17748 Street/P.O.Box City State Zip Email Address: supplies.quotes@brodart.com 320,000 332,500 OnSite Ud$ty Relocations not aooclatad with Site Utilities On site tltl5ty Relocations 1 Lump Sum $100,000.00 $100,000 3100,600 OOSite knprovemerds Signal Modllcatlen at 52nd St.and Amu Ave. 1 Lump Sum $10,000.00 310,000 501h Street Demo and Reconstruction 1300 SY $45.00 S50,500 5Mh Street knprovements I Lump Sum 5200,000.00 3200000 Miscellaneous Off-See Improvement Costs 1 Lump Sum 3100.000.00 $100,000 Sloan Sower tmpovemants 1 Lump Sum S75,003.00 375.000 $443,500 SITEWORK SUBTOTAL ' 34.077,370 Samara Subtotal 34.077.370 Contractor OFKP(14.5%) 3591219 • Comkgency(15%) 3611,603 . ,• , Engineering Fees $464,600 ' . . . • Land Acquisition 33.413000 " GRAND TOTAL 39,137.994 ' Option d Roeeta. 661 Co00,aeCaws aoe,w Ames a.4...b• pew,s Omar..NE Pea.I d 1 �A�n � n ^h�n.^^ -nelrn m ILU- ,Jdr m'6 OF 1 000000000000000001p 00100) 00)000)a)) 00) 0 1l m$ c 0 mrJm.O O O O O O 0 0 0 0 O O O O O O O T lI 5. € s 'si = O 0..N N U)CI V 0100 U)N.00h 0 0 0N .O N 1f1 r)Le) V 0 0 r, O O O N r '7 N a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u Modification. This Agreement contains the entire Agreement of the parties. No G. gr g 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. H. Assignment. The Provider may not assign its rights under this Agreement without the express prior written consent of the City. 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. J. 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 services 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. individual or soleproprietorship,the a lies: 1. The If the Contractor is an d following PP 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 in the United States is required and the Contractor may be disqualified or the be verified as required contract terminated if such lawful presence cannotq by Neb. Rev. Stat. §4-108. K. 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, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation, gender identity, or national origin. 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, religion, color, sex, sexual orientation, gender identity, or national origin,age,disability. .O.Box City State Zip Email Address: supplies.quotes@brodart.com 320,000 332,500 OnSite Ud$ty Relocations not aooclatad with Site Utilities On site tltl5ty Relocations 1 Lump Sum $100,000.00 $100,000 3100,600 OOSite knprovemerds Signal Modllcatlen at 52nd St.and Amu Ave. 1 Lump Sum $10,000.00 310,000 501h Street Demo and Reconstruction 1300 SY $45.00 S50,500 5Mh Street knprovements I Lump Sum 5200,000.00 3200000 Miscellaneous Off-See Improvement Costs 1 Lump Sum 3100.000.00 $100,000 Sloan Sower tmpovemants 1 Lump Sum S75,003.00 375.000 $443,500 SITEWORK SUBTOTAL ' 34.077,370 Samara Subtotal 34.077.370 Contractor OFKP(14.5%) 3591219 • Comkgency(15%) 3611,603 . ,• , Engineering Fees $464,600 ' . . . • Land Acquisition 33.413000 " GRAND TOTAL 39,137.994 ' Option d Roeeta. 661 Co00,aeCaws aoe,w Ames a.4...b• pew,s Omar..NE Pea.I d 1 �A�n � n ^h�n.^^ -nelrn m ILU- ,Jdr m'6 OF 1 000000000000000001p 00100) 00)000)a)) 00) 0 1l m$ c 0 mrJm.O O O O O O 0 0 0 0 O O O O O O O T lI 5. € s 'si = O 0..N N U)CI V 0100 U)N.00h 0 0 0N .O N 1f1 r)Le) V 0 0 r, O O O N r '7 N a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u 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 applicants 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 the 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 (I) 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. EXECUTED thisFifth day of September, 2012. , sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation, gender identity, or national origin. 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, religion, color, sex, sexual orientation, gender identity, or national origin,age,disability. .O.Box City State Zip Email Address: supplies.quotes@brodart.com 320,000 332,500 OnSite Ud$ty Relocations not aooclatad with Site Utilities On site tltl5ty Relocations 1 Lump Sum $100,000.00 $100,000 3100,600 OOSite knprovemerds Signal Modllcatlen at 52nd St.and Amu Ave. 1 Lump Sum $10,000.00 310,000 501h Street Demo and Reconstruction 1300 SY $45.00 S50,500 5Mh Street knprovements I Lump Sum 5200,000.00 3200000 Miscellaneous Off-See Improvement Costs 1 Lump Sum 3100.000.00 $100,000 Sloan Sower tmpovemants 1 Lump Sum S75,003.00 375.000 $443,500 SITEWORK SUBTOTAL ' 34.077,370 Samara Subtotal 34.077.370 Contractor OFKP(14.5%) 3591219 • Comkgency(15%) 3611,603 . ,• , Engineering Fees $464,600 ' . . . • Land Acquisition 33.413000 " GRAND TOTAL 39,137.994 ' Option d Roeeta. 661 Co00,aeCaws aoe,w Ames a.4...b• pew,s Omar..NE Pea.I d 1 �A�n � n ^h�n.^^ -nelrn m ILU- ,Jdr m'6 OF 1 000000000000000001p 00100) 00)000)a)) 00) 0 1l m$ c 0 mrJm.O O O O O O 0 0 0 0 O O O O O O O T lI 5. € s 'si = O 0..N N U)CI V 0100 U)N.00h 0 0 0N .O N 1f1 r)Le) V 0 0 r, O O O N r '7 N a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u Provider --t\O2/ay / 9 /A C.��9 K .. s-l�.B y C ATTE T ()Ice F ref, (Title) EXECUTED this day of.� �-�1 ATTEST CITY, 1 MAHA,A uni •-1 Corporation City lerk ACTING Mayor j APPROVED AS TO FORM: . /ZIalfele- V.,41 Deputy City Ae y Revised: 6/2011 I sk fa- . " 4. §• .&• = \ §.: / . k k 7 q 7 [ \ CD . / • b / q _ ® ƒ \ o m m —.` n . . \ � . \ q q \. o R " § o \ c 0 • • . ' . ' ' , ' t• \ s ` . . �� ' �,o s T•, a �'• ' } i Mayo --� CU s y EXHIBIT"A" Utilization of Small and Emerging Small Businesses It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. With regard to this project, thefollowing Certified Professional Service Provider(s) have been identified and contracted with to perform the identified project tasks: Scope of work or Projected project tasks to be commencement Name of small or performed and completion Agreed price with emerging small Address date of work SB/ESB Percentage(°/ business Totals CERTIFICATION The undersigned certifies that he/she is legally authorized by the Provider to make the statements and representations regarding small and/or emerging small business participation and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s) with the identified small and/or emerging small business(es)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)at the price(s) set forth in this Exhibit conditioned upon execution of this Agreement by the Provider with the City of Omaha. The undersigned/Provider agrees that if any of the representations made regarding utilization of small and/or emerging small business by theProvider knowing them to be false, or if there is a failure by the Provider to implement the stated agreements, intentions, objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the agreement,entitling the City of Omaha to terminate the Agreement for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Agreement,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the undersigned/Provider will be subject to the ter of any future professional service awards. Signature V'V • Vlay Title 'i1 d't r('ef 1 hoot Date of Signing 11512147.. Firm or Corporate Name r /r1 4 EMI,v4#.I Mt, Address 11234 tit !xIo 6 rid L Telephone Number 4 n).• 3?a' clad statistics of the Contractor and his subcontractors. 7) The Contractor shall include the provisions of Paragraphs (I) 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. EXECUTED thisFifth day of September, 2012. , sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation, gender identity, or national origin. 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, religion, color, sex, sexual orientation, gender identity, or national origin,age,disability. .O.Box City State Zip Email Address: supplies.quotes@brodart.com 320,000 332,500 OnSite Ud$ty Relocations not aooclatad with Site Utilities On site tltl5ty Relocations 1 Lump Sum $100,000.00 $100,000 3100,600 OOSite knprovemerds Signal Modllcatlen at 52nd St.and Amu Ave. 1 Lump Sum $10,000.00 310,000 501h Street Demo and Reconstruction 1300 SY $45.00 S50,500 5Mh Street knprovements I Lump Sum 5200,000.00 3200000 Miscellaneous Off-See Improvement Costs 1 Lump Sum 3100.000.00 $100,000 Sloan Sower tmpovemants 1 Lump Sum S75,003.00 375.000 $443,500 SITEWORK SUBTOTAL ' 34.077,370 Samara Subtotal 34.077.370 Contractor OFKP(14.5%) 3591219 • Comkgency(15%) 3611,603 . ,• , Engineering Fees $464,600 ' . . . • Land Acquisition 33.413000 " GRAND TOTAL 39,137.994 ' Option d Roeeta. 661 Co00,aeCaws aoe,w Ames a.4...b• pew,s Omar..NE Pea.I d 1 �A�n � n ^h�n.^^ -nelrn m ILU- ,Jdr m'6 OF 1 000000000000000001p 00100) 00)000)a)) 00) 0 1l m$ c 0 mrJm.O O O O O O 0 0 0 0 O O O O O O O T lI 5. € s 'si = O 0..N N U)CI V 0100 U)N.00h 0 0 0N .O N 1f1 r)Le) V 0 0 r, O O O N r '7 N a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u EXHIBIT "B" SCOPE OF SERVICES The services will involve the following tasks: 1. Steam Boiler Installation: This project involves the design of a dual-fuel natural gas and methane steam boiler, and burner upgrades to the two natural-gas fired steam boilers. The project also will include a supplemental filtering system for the biogas serving the existing and new dual-fuel boilers. 2. Boiler Room Upgrades: This project involves identifying and implementing additional upgrades to the boiler feedwater system and deaerators,as directed by plant personnel. \ CD . / • b / q _ ® ƒ \ o m m —.` n . . \ � . \ q q \. o R " § o \ c 0 • • . ' . ' ' , ' t• \ s ` . . �� ' �,o s T•, a �'• ' } i Mayo --� CU s y • SCOPE OF SERVICES BY: Farris Engineering (FE) • FOR: Papillion Creek Waste Water Treatment Plant Boiler Installation and Boiler Plant Upgrades Bellevue, NE FE 122095 CLIENT: City of Omaha Department of Public Works Facilities Management Omaha, Nebraska 68106 Mr.Jacob Hansen PROJECT DESCRIPTION: • This project assignment for FE consists of mechanical and electrical design for the installation of a new dual fuel boiler and upgrades to the existing boiler plant at the Papillion Creek Waste Water Treatment Plant, Bellevue, Nebraska. II. BASIC SERVICES: Basic services by FE will include mechanical and electrical engineering and design required for preparation of documents normally required for a project of the nature referenced, including technical support and miscellaneous travel time unless noted otherwise herein. A. Project Specifics: FE services shall be in accord with the City of Omaha Department of Public Works (DPW) contract and this document. As applicable, FE will provide minutes of the kickoff and design review meetings on topics that pertain to the mechanical, plumbing and fire protection systems or other issues included in the FE portion of the project assignment. Farris Engineering will provide professional services as stated herein for the following phases of work: 1. Design Development Phase: Preparation of design development documents for owner review and comment, to ensure all elements of the design have been included in the documents. Owner review comments will be incorporated in the design development set of documents. 2. Final Design/Construction Documents Preparation Phase: Preparation of drawings and specifications for inclusion in a bidding and contract set of construction documents. 3. Construction Administration: This will be provided for Shop Drawing review and construction site observations as authorized by the DPW. FE will review the mechanical and electrical systems shop drawings and will return them to the contractor. Six observation trips during construction of the project and site meetings attended by the FE Field Liaison will be provided as authorized by DPW. Paplo Creek WWTP-Jth-scOl.doc Page 1 August 30.2012 s of Paragraphs (I) 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. EXECUTED thisFifth day of September, 2012. , sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation, gender identity, or national origin. 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, religion, color, sex, sexual orientation, gender identity, or national origin,age,disability. .O.Box City State Zip Email Address: supplies.quotes@brodart.com 320,000 332,500 OnSite Ud$ty Relocations not aooclatad with Site Utilities On site tltl5ty Relocations 1 Lump Sum $100,000.00 $100,000 3100,600 OOSite knprovemerds Signal Modllcatlen at 52nd St.and Amu Ave. 1 Lump Sum $10,000.00 310,000 501h Street Demo and Reconstruction 1300 SY $45.00 S50,500 5Mh Street knprovements I Lump Sum 5200,000.00 3200000 Miscellaneous Off-See Improvement Costs 1 Lump Sum 3100.000.00 $100,000 Sloan Sower tmpovemants 1 Lump Sum S75,003.00 375.000 $443,500 SITEWORK SUBTOTAL ' 34.077,370 Samara Subtotal 34.077.370 Contractor OFKP(14.5%) 3591219 • Comkgency(15%) 3611,603 . ,• , Engineering Fees $464,600 ' . . . • Land Acquisition 33.413000 " GRAND TOTAL 39,137.994 ' Option d Roeeta. 661 Co00,aeCaws aoe,w Ames a.4...b• pew,s Omar..NE Pea.I d 1 �A�n � n ^h�n.^^ -nelrn m ILU- ,Jdr m'6 OF 1 000000000000000001p 00100) 00)000)a)) 00) 0 1l m$ c 0 mrJm.O O O O O O 0 0 0 0 O O O O O O O T lI 5. € s 'si = O 0..N N U)CI V 0100 U)N.00h 0 0 0N .O N 1f1 r)Le) V 0 0 r, O O O N r '7 N a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u • B. Drawing Preparation: Farris Engineering will prepare mechanical and electrical floor plans via AutoCAD electronic media. DPW will provide floor and site plan to be used by FE to incorporate facets of the project required for the mechanical work. C. Technical Specifications: f: Farris Engineering will prepare any necessary project technical specifications in paper and electronic format for the mechanical portions of the project. III. MISCELLANEOUS ITEMS: A. FE will field and answer questions during the bidding phase. B. FE will prepare clarifications for the engineering design for issuance to the contractor. IV. SPECIFIC ITEMS AND/OR INFORMATION PROVIDED BY DPW: The following items of work and the listed information will be provided by DPW, and are understood to not be required of FE. Any of these items or services may be added at any times as Additional Services. A. Existing site and building drawings. B. As required, DPW will provide equipment/systems information for equipment located in the facility or on the site or in the buildings. The information will include apparatus utility connection information (gas requirements, heat content, etc.) to provide the necessary utilities connections and/or interfaces to these systems. V. REIMBURSABLES: If FE incurs costs that are generallydenoted as reimbursable costs, DPW or others will provide reimbursement to FE for these costs. These costs are generally defined as reimbursable and will likely consist of the following: A. Reproduction and printing costs of documents for contractor bidding and construction purposes B. Fees for approvals and/or permits for design and construction reviews by regulating authorities C. Fees for placement of legal notices or similar D. Costs for mailings of contract documents for bidding purposes E. Other typical reimbursable items VI. NON-REIMBURSABLES: Items normally mentioned as reimbursables that FE will include in the proposed fee as Basic Services and not be considered as reimbursable,are generally the following: A. Telephone calls B. AutoCAD drafting time and resources C. Expense of Basic Services investigative trips to the site for the design phase as denoted herein D. Expense of listed number of Basic Services observation trips to the site for the construction phase Papio Creek WWTP-jth-sc0l.doc Page 2 August 30,2012 uch provisions will be binding upon each subcontractor or vendor. EXECUTED thisFifth day of September, 2012. , sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation, gender identity, or national origin. 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, religion, color, sex, sexual orientation, gender identity, or national origin,age,disability. .O.Box City State Zip Email Address: supplies.quotes@brodart.com 320,000 332,500 OnSite Ud$ty Relocations not aooclatad with Site Utilities On site tltl5ty Relocations 1 Lump Sum $100,000.00 $100,000 3100,600 OOSite knprovemerds Signal Modllcatlen at 52nd St.and Amu Ave. 1 Lump Sum $10,000.00 310,000 501h Street Demo and Reconstruction 1300 SY $45.00 S50,500 5Mh Street knprovements I Lump Sum 5200,000.00 3200000 Miscellaneous Off-See Improvement Costs 1 Lump Sum 3100.000.00 $100,000 Sloan Sower tmpovemants 1 Lump Sum S75,003.00 375.000 $443,500 SITEWORK SUBTOTAL ' 34.077,370 Samara Subtotal 34.077.370 Contractor OFKP(14.5%) 3591219 • Comkgency(15%) 3611,603 . ,• , Engineering Fees $464,600 ' . . . • Land Acquisition 33.413000 " GRAND TOTAL 39,137.994 ' Option d Roeeta. 661 Co00,aeCaws aoe,w Ames a.4...b• pew,s Omar..NE Pea.I d 1 �A�n � n ^h�n.^^ -nelrn m ILU- ,Jdr m'6 OF 1 000000000000000001p 00100) 00)000)a)) 00) 0 1l m$ c 0 mrJm.O O O O O O 0 0 0 0 O O O O O O O T lI 5. € s 'si = O 0..N N U)CI V 0100 U)N.00h 0 0 0N .O N 1f1 r)Le) V 0 0 r, O O O N r '7 N a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u E. Necessary reproduction of mechanical project documents for reviews with DPW and the client VII. PROPOSED PROJECT SCHEDULE: The anticipated approximate schedule for these services is proposed to be as negotiated. VIII. INVOICING SCHEDULE: Invoices will be issued monthly, as applicable, with monthly payments being due up to the amounts noted depending upon the phase of work,generally in accord with the following schedule: A. 30% of the Total Fee when the design development drawings and calculations are submitted. B. 75%of the Total Fee when the construction documents are submitted. C. 85%of the Total Fee at the completion of shop drawing review. D. 100%of the Total Fee when the project construction is completed IX. HAZARDOUS MATERIALS REMEDIATION (ASBESTOS ABATEMENT, TANK REMOVAL, ETC.). DESIGN: These assignments are not included in FE's scope of services. X. ADDITIONAL SERVICES AND REIMBURSABLES: Compensation for Additional Services and Reimbursables for the project shall be subject to the unit charges delineated by the attached "Project Cost and Pricing Data". In the event that the charge is not noted on the"Project Cost and Pricing Data",the cost for the Additional or Reimbursable Service will be computed at cost times the markup noted in the attached "Project Cost and Pricing Data". Additional Services and Reimbursables will be performed and provided, respectively, only after written approval by_DPW. Paplo Creek WWTP-jth-sc0l.doc Page 3 August 30,2012 st of the following: A. Reproduction and printing costs of documents for contractor bidding and construction purposes B. Fees for approvals and/or permits for design and construction reviews by regulating authorities C. Fees for placement of legal notices or similar D. Costs for mailings of contract documents for bidding purposes E. Other typical reimbursable items VI. NON-REIMBURSABLES: Items normally mentioned as reimbursables that FE will include in the proposed fee as Basic Services and not be considered as reimbursable,are generally the following: A. Telephone calls B. AutoCAD drafting time and resources C. Expense of Basic Services investigative trips to the site for the design phase as denoted herein D. Expense of listed number of Basic Services observation trips to the site for the construction phase Papio Creek WWTP-jth-sc0l.doc Page 2 August 30,2012 uch provisions will be binding upon each subcontractor or vendor. EXECUTED thisFifth day of September, 2012. , sex, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation, gender identity, or national origin. 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, religion, color, sex, sexual orientation, gender identity, or national origin,age,disability. .O.Box City State Zip Email Address: supplies.quotes@brodart.com 320,000 332,500 OnSite Ud$ty Relocations not aooclatad with Site Utilities On site tltl5ty Relocations 1 Lump Sum $100,000.00 $100,000 3100,600 OOSite knprovemerds Signal Modllcatlen at 52nd St.and Amu Ave. 1 Lump Sum $10,000.00 310,000 501h Street Demo and Reconstruction 1300 SY $45.00 S50,500 5Mh Street knprovements I Lump Sum 5200,000.00 3200000 Miscellaneous Off-See Improvement Costs 1 Lump Sum 3100.000.00 $100,000 Sloan Sower tmpovemants 1 Lump Sum S75,003.00 375.000 $443,500 SITEWORK SUBTOTAL ' 34.077,370 Samara Subtotal 34.077.370 Contractor OFKP(14.5%) 3591219 • Comkgency(15%) 3611,603 . ,• , Engineering Fees $464,600 ' . . . • Land Acquisition 33.413000 " GRAND TOTAL 39,137.994 ' Option d Roeeta. 661 Co00,aeCaws aoe,w Ames a.4...b• pew,s Omar..NE Pea.I d 1 �A�n � n ^h�n.^^ -nelrn m ILU- ,Jdr m'6 OF 1 000000000000000001p 00100) 00)000)a)) 00) 0 1l m$ c 0 mrJm.O O O O O O 0 0 0 0 O O O O O O O T lI 5. € s 'si = O 0..N N U)CI V 0100 U)N.00h 0 0 0N .O N 1f1 r)Le) V 0 0 r, O O O N r '7 N a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u EXHIBIT "C" BREAKDOWN OF COSTS For the effort described,we agree to perform engineering,design and construction administration services as a consultant to the City of Omaha Department of Public Works for the referenced assignment for the stipulated lump sum fee of Seven Four Thousand Four Hundred Fifty Dollars and No Cents($74,450.00). e biogas serving the existing and new dual-fuel boilers. 2. Boiler Room Upgrades: This project involves identifying and implementing additional upgrades to the boiler feedwater system and deaerators,as directed by plant personnel. \ CD . / • b / q _ ® ƒ \ o m m —.` n . . \ � . \ q q \. o R " § o \ c 0 • • . ' . ' ' , ' t• \ s ` . . �� ' �,o s T•, a �'• ' } i Mayo --� CU s y Letting: 13101001 Project No.: MAPA-5071(1) Call: 205 Contract ID: 2554X NEBRASKA LOCAL PUBLIC AGENCY CONTRACT AND BOND CONTRACT THIS CONTRACT AND AGREEMENT, made and entered into this day of 20 by and between the CITY OF OMAHA of the State of Nebraska,hereafter referred to as party of the first part or Owner,and COMMONWEALTH ELECTRIC COMPANY OF THE MIDWEST of LINCOLN,NE,party of the second part: WITNESSETH: That the party of the second part, for and in consideration of the sum of FIVE HUNDRED THIRTY SEVEN THOUSAND,SIX HUNDRED NINETY FOUR AND 07/100 DOLLARS payable as set forth in the specifications constituting a part of this contract,hereby agrees to perform in accordance with the plans,specifications,and special provisions therefore,and in the location designated in the proposal form,the various groups of work, including all items contained in each specified group, awarded said party of the second part on the 4th day of November, 2013, as follows: being groups numbered GROUP 8B on project number MAPA-5071(1) in DOUGLAS County(ies) in Nebraska as shown in the schedule of prices bid in the attached proposal which is a part of this contract. That it is mutually understood and agreed by the parties hereto that the general and detailed plans, the Standard Specifications for Highway Construction of the Department of Roads of the State of Nebraska,which are on file in the office of the Department at Lincoln;the contractor's bond;the proposal;all special provisions;and all supplemental agreements are a part of this contract. That it is mutually understood and agreed by the parties that federal funds are a part of the financing of this project and that the parties must meet all laws, specifications, criteria, special provisions and requirements established by the Federal Highway Administration for the use of federal funds. Therefore,the parties agree that since the federal government has made the State of Nebraska, Department of Roads its agent for the purposes of overseeing the project for protection of the federal contributions, the State of Nebraska, Department of Roads shall have the same rights as the Owner and federal government in protection of their funding. It is understood and agreed by the parties that the State of Nebraska, Department of Roads is involved in this project only as a conduit and steward of federal and/or state funds. If a dispute arises between the parties they shall seek their remedies against each other or the federal government and shall hold the State of Nebraska,Department of Roads harmless from suit under this contract. The party of the second part expressly warrants that he/she has employed no third person to solicit or obtain this contract in his/her behalf,or to cause or procure the same to be obtained upon compensation in any way contingent, in whole or in part,upon such procurement,and that he/she has not paid,or promised or agreed to pay,to any third person in consideration of such procurement, or in compensation for services in connection herewith, any brokerage, commission, or percentage upon the amount to be received by him/her hereunder, and that he/she has not, in estimating the contract price demanded by him/her, included any sum by reason of any such brokerage,commission or percentage,and that all moneys payable to him/her hereunder are free from obligation to any other person for services rendered,or supposed to have been rendered,in the procurement of this contract. He/She further agrees that any breach of this warranty shall constitute adequate cause for the annulment of this contract by the party of the first part and that the said party of the first part may retain for its own use, from any sums due or to become due hereunder,an amount equal to any brokerage,commission,or percentage,so paid or agreed to be paid. That the party of the second part further agrees to pay all laborers and mechanics for labor that shall be performed and pay for all material, supplies and equipment which is used or rented in performing the contract, and pay to the Unemployment Compensation Fund of the State of Nebraska the unemployment contributions and interest due under provisions of the Nebraska Employment Security Law on wages paid to individuals employed in the performance of this contract. All work required in carrying out this contract shall be performed in compliance with the laws of the State of Nebraska. The party of the second part further agrees to perform the work under the supervision of the Owner. The administrator of the Federal Highway Administration or his/her authorized agent, including the State of Nebraska, Department of Roads shall have the right at all times,but not the duty,to inspect the work for eligibility for federal funding in accordance with the laws of the State of Nebraska, and the rules and regulations of the Administrator of the Federal Highway Administration of the United States,for the purpose of carrying out the provisions of Title 23,United States Code,as amended and supplemented(Federal Aid Highway Acts). That in consideration of the foregoing, the parties understand that when the Owner authorizes payment(s)the Owner will see that prompt payment is made by the State of Nebraska, Department of Roads on behalf of the Owner and the Federal 1 Revised 10-09 Con-20.3 a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u Letting: 13101001 Project No.: MAPA-5071(1) -- Call: 205 �� Contract ID: 2554X CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we COMMONWEALTH ELECTRIC COMPANY OF THE MIDWEST as principal, and Universal Surety Company as sureties,are held and firmly bound unto the CITY OF OMAHA of the State of Nebraska, in the penal sum of$537,694.07 dollars and for the payment of which we do hereby bind ourselves,our heirs,executors and administrators,jointly,severally,and firmly by these presents. Date ,A.D.20 The condition of the obligations is such that whereas, the above bounden COMMONWEALTH ELECTRIC COMPANY OF THE MIDWEST of LINCOLN, NE has been awarded by the CITY OF OMAHA, the various groups of work, including all items contained in each specified group of work being groups numbered:GROUP 8B on Project No. MAPA-5071(1) in DOUGLAS County(ies),Nebraska, copy of which contract together with all of its terms, covenants, conditions and stipulations is incorporated herein and made a part hereof as fully and amply as if said contract were recited at length herein. NOW THEREFORE, if said COMMONWEALTH ELECTRIC COMPANY OF THE MIDWEST as principal shall in all respects fulfill this said contract according to the terms and the tenor thereof, and shall faithfully discharge the duties and obligations therein assumed,then the above obligation is to be void and of no effect;otherwise to be and remain in full force and virtue in law. It is expressly understood and agreed that this bond is given to secure and does secure not only the faithful performance by the principal herein named of said contract for the construction work as specified in said contract and in strict accordance with the terms of said contract and the plans,specifications and all special provisions made a part thereof;but that it is given to secure and does secure also the payment by the said bounden COMMONWEALTH ELECTRIC COMPANY OF THE MIDWEST of all overpayments made to said principal by the Department of Roads, on behalf of the Owner, and of all just claims to all laborers and mechanics for labor that shall be performed, and for the payment of all material, supplies and equipment which is used or rented in performing the contract, and for the payment of all taxes, including contributions and interest due under the Nebraska Employment Security Law, which may accrue,pursuant to Sections 77-3103 to 77-3112 or any other provision of law, to the State of Nebraska and the political subdivisions thereof on account of the execution and performance of this contract,and if such payments be made then this obligation shall be null and void;otherwise it shall remain in full force and effect. No contract shall be valid which seeks to limit the time to less than one year in which an action may be brought upon the bond covering the construction work,and this bond is made,executed and delivered with such understanding. Signed day o ,20 UNIVERS L S E CO MO ALTH L C CO Surety TKO MID • Attorney-in-Fact(Signantre) Principal(Sigma �'�. James M. King ✓ te4.l�) • Attorney-in-Fact(Printed Name) Principal(Printed Name) Gene Lilly Surety Bonds, Inc. �/((/ 1(f��l la '1� Agency/Business Name r v,l� Elki Y 3440 0 Street, Lincoln, NE 68510 Title Agency/Business Address (402) 475-7700 Phone Number • Revised 10-09 Con-20.3 uate cause for the annulment of this contract by the party of the first part and that the said party of the first part may retain for its own use, from any sums due or to become due hereunder,an amount equal to any brokerage,commission,or percentage,so paid or agreed to be paid. That the party of the second part further agrees to pay all laborers and mechanics for labor that shall be performed and pay for all material, supplies and equipment which is used or rented in performing the contract, and pay to the Unemployment Compensation Fund of the State of Nebraska the unemployment contributions and interest due under provisions of the Nebraska Employment Security Law on wages paid to individuals employed in the performance of this contract. All work required in carrying out this contract shall be performed in compliance with the laws of the State of Nebraska. The party of the second part further agrees to perform the work under the supervision of the Owner. The administrator of the Federal Highway Administration or his/her authorized agent, including the State of Nebraska, Department of Roads shall have the right at all times,but not the duty,to inspect the work for eligibility for federal funding in accordance with the laws of the State of Nebraska, and the rules and regulations of the Administrator of the Federal Highway Administration of the United States,for the purpose of carrying out the provisions of Title 23,United States Code,as amended and supplemented(Federal Aid Highway Acts). That in consideration of the foregoing, the parties understand that when the Owner authorizes payment(s)the Owner will see that prompt payment is made by the State of Nebraska, Department of Roads on behalf of the Owner and the Federal 1 Revised 10-09 Con-20.3 a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ C >O•V E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .En. y d O C "ZC N .O N~ da EdO = I` nd01 « y E N LuoN aW1 • zN u • d 0) vENtdaO • • o > axcwo0 I 6 Uz W d O N N N N N N N N N N N N N N N N N N N N N N N N N N C a a a a a a a a V a a V a a a • N W m p ,p N C ' a ' a Ol Ol Ol Ol Ol Ol m m m 01 m Ol Ol Ol Q7 Ol m m m Ol m m m Ol Ol Ol C{= r R p Y I N N N N N N N N N N N N N N N N N N N N N N N N N N .220 C O 1 0t00w0W0UUOWtDDDwODWWWt0DDWt0D r. — C ; 6 t Err.. O0i0oam0 .iaD Oos0maOmOmofD01 E $ 0 .. c c N • 7 O R yNNNN N NNNN NN N C 0) A W E • O U)aH U1 N U1 M U1 a Ul N Ul LO LL)N U)00 U1 O1 U1 O U)a V1 N to M U1 a U1 U1 N Q a 0) t0 N W O a-1 N M a Ul af� © T.-1 O'•i N.i ee-1 a ea-I~ H C`F N u Q W jJ t° N C . I- O 7 0. CI • 0 a u 0 !.)•.c Q Z to .p A A u C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: r_. WHEREAS, professional engineering services are required for engineering, design and construction management on Project OPW 52376, being the Papillion Creek Wastewater Treatment Plant Boiler Installation and Upgrades; and, WHEREAS, Farris Engineering was selected by the Architects and Engineers Selection Process and has agreed to perform the services listed in the attached agreement, which by this reference is made a part hereof; and, WHEREAS, Farris Engineering has agreed to perform these services for a fee not to exceed $74,450.00, which will be paid from the Sewer Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913; Sewer Revenue Bonds will be issued to finance this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Professional Services Agreement with Farris Engineering, for engineering, design and construction management on Project OPW 52376, being the Papillion Creek Wastewater Treatment Plant Boiler Installation and Upgrades, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $74,450.00 for these professional services from the Sewer Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913; Sewer Revenue Bonds will be issued to finance this project. 1553htp APPROVED AS TO FORM: govp/e, PUTY CITY ATTORNEY DATE ,t7ynael • By C,0 -ilmember Adopted OCT — 2 2012 9- City C e k f 0/0.-- 2Appr ACTING May ecial provisions made a part thereof;but that it is given to secure and does secure also the payment by the said bounden COMMONWEALTH ELECTRIC COMPANY OF THE MIDWEST of all overpayments made to said principal by the Department of Roads, on behalf of the Owner, and of all just claims to all laborers and mechanics for labor that shall be performed, and for the payment of all material, supplies and equipment which is used or rented in performing the contract, and for the payment of all taxes, including contributions and interest due under the Nebraska Employment Security Law, which may accrue,pursuant to Sections 77-3103 to 77-3112 or any other provision of law, to the State of Nebraska and the political subdivisions thereof on account of the execution and performance of this contract,and if such payments be made then this obligation shall be null and void;otherwise it shall remain in full force and effect. No contract shall be valid which seeks to limit the time to less than one year in which an action may be brought upon the bond covering the construction work,and this bond is made,executed and delivered with such understanding. Signed day o ,20 UNIVERS L S E CO MO ALTH L C CO Surety TKO MID • Attorney-in-Fact(Signantre) Principal(Sigma �'�. James M. King ✓ te4.l�) • Attorney-in-Fact(Printed Name) Principal(Printed Name) Gene Lilly Surety Bonds, Inc. �/((/ 1(f��l la '1� Agency/Business Name r v,l� Elki Y 3440 0 Street, Lincoln, NE 68510 Title Agency/Business Address (402) 475-7700 Phone Number • Revised 10-09 Con-20.3 uate cause for the annulment of this contract by the party of the first part and that the said party of the first part may retain for its own use, from any sums due or to become due hereunder,an amount equal to any brokerage,commission,or percentage,so paid or agreed to be paid. That the party of the second part further agrees to pay all laborers and mechanics for labor that shall be performed and pay for all material, supplies and equipment which is used or rented in performing the contract, and pay to the Unemployment Compensation Fund of the State of Nebraska the unemployment contributions and interest due under provisions of the Nebraska Employment Security Law on wages paid to individuals employed in the performance of this contract. All work required in carrying out this contract shall be performed in compliance with the laws of the State of Nebraska. The party of the second part further agrees to perform the work under the supervision of the Owner. The administrator of the Federal Highway Administration or his/her authorized agent, including the State of Nebraska, Department of Roads shall have the right at all times,but not the duty,to inspect the work for eligibility for federal funding in accordance with the laws of the State of Nebraska, and the rules and regulations of the Administrator of the Federal Highway Administration of the United States,for the purpose of carrying out the provisions of Title 23,United States Code,as amended and supplemented(Federal Aid Highway Acts). That in consideration of the foregoing, the parties understand that when the Owner authorizes payment(s)the Owner will see that prompt payment is made by the State of Nebraska, Department of Roads on behalf of the Owner and the Federal 1 Revised 10-09 Con-20.3 a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ 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N, APPROVED AS TO FORM: govp/e, PUTY CITY ATTORNEY DATE ,t7ynael • By C,0 -ilmember Adopted OCT — 2 2012 9- City C e k f 0/0.-- 2Appr ACTING May ecial provisions made a part thereof;but that it is given to secure and does secure also the payment by the said bounden COMMONWEALTH ELECTRIC COMPANY OF THE MIDWEST of all overpayments made to said principal by the Department of Roads, on behalf of the Owner, and of all just claims to all laborers and mechanics for labor that shall be performed, and for the payment of all material, supplies and equipment which is used or rented in performing the contract, and for the payment of all taxes, including contributions and interest due under the Nebraska Employment Security Law, which may accrue,pursuant to Sections 77-3103 to 77-3112 or any other provision of law, to the State of Nebraska and the political subdivisions thereof on account of the execution and performance of this contract,and if such payments be made then this obligation shall be null and void;otherwise it shall remain in full force and effect. No contract shall be valid which seeks to limit the time to less than one year in which an action may be brought upon the bond covering the construction work,and this bond is made,executed and delivered with such understanding. Signed day o ,20 UNIVERS L S E CO MO ALTH L C CO Surety TKO MID • Attorney-in-Fact(Signantre) Principal(Sigma �'�. James M. King ✓ te4.l�) • Attorney-in-Fact(Printed Name) Principal(Printed Name) Gene Lilly Surety Bonds, Inc. �/((/ 1(f��l la '1� Agency/Business Name r v,l� Elki Y 3440 0 Street, Lincoln, NE 68510 Title Agency/Business Address (402) 475-7700 Phone Number • Revised 10-09 Con-20.3 uate cause for the annulment of this contract by the party of the first part and that the said party of the first part may retain for its own use, from any sums due or to become due hereunder,an amount equal to any brokerage,commission,or percentage,so paid or agreed to be paid. That the party of the second part further agrees to pay all laborers and mechanics for labor that shall be performed and pay for all material, supplies and equipment which is used or rented in performing the contract, and pay to the Unemployment Compensation Fund of the State of Nebraska the unemployment contributions and interest due under provisions of the Nebraska Employment Security Law on wages paid to individuals employed in the performance of this contract. All work required in carrying out this contract shall be performed in compliance with the laws of the State of Nebraska. The party of the second part further agrees to perform the work under the supervision of the Owner. The administrator of the Federal Highway Administration or his/her authorized agent, including the State of Nebraska, Department of Roads shall have the right at all times,but not the duty,to inspect the work for eligibility for federal funding in accordance with the laws of the State of Nebraska, and the rules and regulations of the Administrator of the Federal Highway Administration of the United States,for the purpose of carrying out the provisions of Title 23,United States Code,as amended and supplemented(Federal Aid Highway Acts). That in consideration of the foregoing, the parties understand that when the Owner authorizes payment(s)the Owner will see that prompt payment is made by the State of Nebraska, Department of Roads on behalf of the Owner and the Federal 1 Revised 10-09 Con-20.3 a; N. adOi G ^^T '0 O m 0 J) <T F- p to lii!°" ro*a0 F- g-30 ' m N N N N N N N N N N N N >w N•0 N N N N N N N N N N N N N N N N N N N N N N N N N N TiWWWWWWWWWWWWWWWWWWWWWWWWWW E N d•O of of of of of of of of of of of Oi ai aim of ai of ai ai of of of of tT of E m°-c > • e° v w .4.4................ 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